June 06, 2022 - 1 - 5:35 PM A G E N D A • C I T Y C O U N C I L M E E T I N G
June 6, 2022 6:00 PM Council Chamber
In compliance with the Americans with Disabilities Act, if you need special assistance to access the City Council Chamber to participate at this meeting, please contact the City Clerk or General Services Director at (559) 324 -2060 (TTY – 711). Notificatio n 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Chamber.
The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; you may participate by calling in by phone (see “Verbal Comments” below); and you may view the meeting which is webcast and acces sed at www.cityofclovis.com/agendas.
Written Comments
Members of the public are encouraged to submit written comments at:
www.cityofclovis.com/agendas at least two (2) hours before the meeting (4:00 p.m.). You will be prompted to provide:
Council Meeting Date
Item Number
Name
Email
Comment
Please submit a separate form for each item you are commenting on.
A copy of your written comment will be provided to the City Council noting the item number.
If you wish to make a verbal comment, please see instructions below.
Please be aware that any written comments received that do not specify a particular agenda item will be marked for the general public comment portion of the agenda.
If a written comment is received after 4:00 p.m. on the day of the meeting, efforts will be made to provide the comment to the City Council during the meeting. However, staff cannot guarantee that written comments received after 4:00 p.m. will be provided to City Council during the meeting. All written comments received prior to the end of the meeting will be made part of the record of proceedings.
Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 www.cityofclovis.com
1 June 06, 2022 - 2 - 5:35 PM Verbal Comments
If you wish to speak to the Council on an item by telephone, you should contact the City Clerk at (559) 324-2060 no later than 4:00 p.m. the day of the meeting.
You will be asked to provide your name, phone number, and your email. You will be emailed instructions to log into Webex to participate in the meeting. Staff recommends participants log into the Webex at 5:30 p.m. the day of the meeting to perform an audio check.
All callers will be placed on mute, and at the appropriate time for your comment your microphone will be unmuted.
In order for everyone to be heard, please limit your comments to 5 minutes or less, or 10 minutes per topic
Webex Participation
Reasonable efforts will be made to allow written and verbal comment from a participant communicating with the host of the virtual meeting. To do so, a participant will need to chat with the host and request to make a written or verbal comment. The host w ill make reasonable efforts to make written and verbal comments available to the City Council. Due to the new untested format of these meetings, the City cannot guarantee that these written and verbal comments initiated via chat will occur. Participants desiring to make a verbal comment via chat will need to ensure that they accessed the meeting with audio transmission capabilities.
CALL TO ORDER
FLAG SALUTE - Councilmember Whalen
ROLL CALL
PRESENTATIONS/PROCLAMATIONS
1. Presentation of Proclamation Declaring June as Men's Health Month.
PUBLIC COMMENTS - This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 5 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact the City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.
ORDINANCES AND RESOLUTIONS - With respect to the approval of resolutions and ordinances, the reading of the title shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.
2 June 06, 2022 - 3 - 5:35 PM CONSENT CALENDAR - Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Conse nt Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
2. Administration - Approval - Minutes from the May 16, 2022, Council Meeting.
3. Planning and Development Services - Approval – Final Acceptance for CIP 21-23 Bus Bay at the Department of Social Services.
4. Planning and Development Services - Approval – Bid Award for CIP 20 -05, Video Vehicle Detection Replacement, and authorize the City Manager to execute the contract on behalf of the City.
5. Planning and Development Services - Approval – Res. 22-___, Final Map Tract 6277, located at the northeast corner of North Locan Avenue and Teague Avenue (Tarlton Fresno, LLC).
6. Planning and Developme nt Services - Approval – Res. 22 -___, Annexation of Proposed Tract 6277, located at the northeast corner of North Locan Avenue and Teague Avenue to the Landscape Maintenance District No. 1 of the City of Clovis (Tarlton Fresno, LLC).
7. Public Utilities – Approval – Contract Award for CIP 22 -03, Dry Creek Playground Resurfacing; and Approval – Authorize the City Manager to Execute the Contract on Behalf of the City.
PUBLIC HEARINGS - A public hearing is an open consideration within a regular or special meeting of the City Council, for which special notice has been given and may be required. When a public hearing is continued, noticing of the adjourned item is required as per Government Code 54955.1.
8. Consider Approval – Res. 22-___, A resolution approving various actions related to a proposed general tax ballot measure for the November 8, 2022, General Municipal Election:
a. Calling and giving not ice of the November 8, 2022, General Municipal Election to present a general tax measure proposing a two percent (2%) increase to the City’s Transient Occupancy Tax (TOT or Hotel Tax);
b. Requesting consolidation of the Clovis Municipal Election with the Statewide General Election to be held on the same date;
c. Requesting that the Fresno County Board of Supervisors authorize the Fresno County Clerk to render specified services to the City of Clovis relating to the conduct of the General Municipal Election;
d. Approving the proposed ballot measure description;
e. Authorizing the City Attorney to prepare the impartial analysis.
Staff: Karey Cha, City Clerk
Recommendation: Approve
3 June 06, 2022 - 4 - 5:35 PM
9. Consider Actio ns related to Annexation of Territory (Annexation #73, T6208 – Northwest Corner Dakota/Highland, T6203 – Northwest Corner Dakota/Thompson, T6161 – Southeast Corner Ashlan/Thompson, & T6340 Southeast Corner Ashlan/Thompson) to the City of Clovis Community F acilities District No. 2004 -1 (Police and Fire Services).
a. Consider Approval - Res. 22-___, A Resolution annexing territory (Annexation #73) (T6208 – Northwest Corner Dakota/Highland, T6203 – Northwest Corner Dakota/Thompson, T6161 – Southeast Corner Ashlan/Thompson, & T6340 Southeast Corner Ashlan/Thompson) to the City of Clovis Community Facilities District No. 2004- 1 (Police and Fire Services) and calling a special landowner election to annex territory (Annexation #73) to City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services).
b. Consider Approval - Res. 22-___, A Resolution of the City of Clovis declaring the results of a special landowner election and directing recording of the Notice of Special Tax Lien for City of Clovis Community Facilities District No. 2004 -1 (Police and Fire Services).
Staff: Jay Schengel, Finance Director
Recommendation: Approve
10. Consider Approval – Declare Results of Election Regarding an Assessment Increase in Landscape Maintenance District No. 1; and Res. 22 -___, A Resolution Confirming the Diagram and Assessments for the 2022 -23 Annual Levy for Landscape Maintenance District No. 1.
Staff: Glenn Eastes, Assistant Public Utilities Director Recommendation: Approve
ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.
11. Consider – A request from Clovis-Big Dry Creek Historical Society for the City Council to Create a Historical Preservation Commission.
Staff: Andrew Haussler, Assistant City Manager
Recommendation: Consider request and provide direction
COUNCIL ITEMS
12. Consider Approval – To submit a letter of Opposition for Assembly Bill 2550- Arambula, State Air Resources Board: San Joaquin Valley Air Pollution Control District:
nonattainment.
Staff: John Holt, City Manager
Recommendation: Approve
4 June 06, 2022 - 5 - 5:35 PM
13. Consider Approval – To submit a letter of Opposition for Assembly Bill 2011 - Wicks, Affordable Housing and High Road Jobs Act of 2022.
Staff: John Holt, City Manager
Recommendation: Approve
CITY MANAGER COMMENTS
COUNCIL COMMENTS
CLOSED SESSION - A “closed door” (not public) City Council meeting, allowed by State law, for consideration of pending legal matters and certain matters relat ed to personnel and real estate transactions.
14. Government Code Section 54957.6
CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: John Holt, Andrew Haussler, Jeffrey Blanks, Shonna Halterman, Lori Shively, Scott G. Cross, Mary Lerner, John Binaski, Curt Fleming.
Employee Organization: Clovis Police Officers Association, Clovis Firefighters Association, Clovis Employees Association, Clovis Public Works Employees Association, Clovis Public Safety Employees Association, Clovis Professional and Technical Employees Association, Clovis Transit Employees Bargaining Unit, Clovis Technical and Financial Profe ssionals Association, and Unrepresented Employee:
Management Employees
15. Government Code Section 54957
Public Employee Performance Evaluation
Title: City Manager
ADJOURNMENT
MEETINGS AND KEY ISSUES
Regular City Council Meetings are held at 6:00 P.M. in the Council Chamber. The following are future meeting dates:
June 13, 2022 (Mon.) Budget Adoption
June 20, 2022 (Mon.)
July 5, 2022 (Tue.)
July 11, 2022 (Mon.)
July 18, 2022 (Mon.)
5 6
AGENDA ITEM NO. 1.
PRELIMINARY - SUBJECT TO APPROVAL
CLOVIS CITY COUNCIL MEETING
May 16, 2022 6:00 P.M. Council Chamber
Meeting called to order by Mayor Flores at 6:02
Flag Salute led by Councilmember Mouanoutoua
Roll Call: Present: Councilmembers Ashbeck, Bessinger, Mouanoutoua, Whalen Mayor Flores
PRESENTATION – 6:02
6:03 – ITEM 1 - PRESENTATION OF PROCLAMATION HONORING THE LIFE AND LEGACY OF DARYLE LAMONICA.
The City Council presented a proclamation honoring the life and legacy of Daryle Lamonica to his wife and son.
6:10 – ITEM 2 - PRESENTATION OF PROC LAMATION CELEBRATING STATE FARM'S 100 YEAR ANNIVERSARY.
The City Council presented a proclamation celebrating State Farm’s 100-year anniversary to the local State Farm office, and declared June 7, 2022, as State Farm Day.
6:13 – ITEM 3 - PRESENTATION OF PROCLAMATION DESIGNATING MAY 15 - 21, 2022 AS NATIONAL PUBLIC WORKS WEEK.
The City Council presented a proclamation designating the week of May 15 – 21, 2022, as National Public Works Week.
Scott Redelfs, Public Utilities Director, presented a short video highlighting Public Utilities employees and the work that they do.
Steven Mejia, President of the Clovis Public Works Employees Association, thanked Council for recognizing the importance of this week and for honoring the public works employees.
PUBLIC COMMENTS – 6:25
None.
CONSENT CALENDAR – 6:26
Motion by Councilmember Ashbeck, seconded by Councilmember Bessinger, that the items on the Consent Calendar be approved, including the waiver of the reading of the ordinan ce. Motion carried by unaminous vote.
7 AGENDA ITEM NO. 2.
PRELIMINARY - SUBJECT TO APPROVAL
4. Administration - Approved - Minutes from the May 9, 2022, Council Meeting.
5. Administration - Adopted - Ord. 22 -04, An ordinance adding section 1.9.03 (Electronic Filing) to Title 1 Chapter 9 of the Clovis Municipal Code relating to Campaign Contribution Limits to provide for electronic filing of campaign statements and Statements of Economic Interests (Form 700). (Vote: 5-0)
6. Administration – Approved – Res. 22-40, Approving Owner-Occupied Home Rehabilitation Loan Program and First Time Homebuyer and Mortgage Assistance Loan Program Guidelines for the City of Clovis Affordable Housing Programs.
7. Administration - Approved – Res. 22 -41, Supporting the Fresno County 2022 Homelessness Priorities as Adopted by the Board of Supervisors of the County of Fresno.
8. Administration - Approved – Purchase of Support and Maintenance Contract for Network and Telecommunications equipment from Zones, Inc.
9. General Services – Approved – Waive the City’s Usual Purchasing Requirements and Authorize the Purchase of the Spare Platform with Spare Pooled OnDemand; and Approved – Res. 22 -42, Amending the FY2021 -2022 Transit Budget to add funds for purchase of the Spare Platform.
10. Planning and Development Services – Approved – Res. 22-43, Adopt a list of projects funded by SB1: The Road Repair and Accountability Act.
PUBLIC HEARINGS – 6:28
6:28 – ITEM 10A – APPROVED – CONSIDER APPROVAL – RES. 22-XX, SPR2001-018A2, A REQUEST TO APPROVE A SITE PLAN REVIEW FO R THE CONSTRUCTION OF A NE W ± 2,500 SQUARE FOOT VISITOR CENTER FOR THE BOTANICAL GARDEN LOCATED AT 945 N. CLOVIS AVENUE. CLOVIS BOTANICAL GARDEN, ANNE CLEMONS, APPLICANT; CITY OF CLOVIS, OWNER; DWIGHT KROLL, REPRESENTATIVE.
ITEM 10A.1 – APPROVED – ADD ITEM 10A TO T HE AGENDA FOR COUNCI L CONSIDERATION.
Motion for approval by Councilmember Whalen, seconded by Councilmember Ashbeck.
Motion carried by unanimous vote.
ITEM 10A.2 – APPROVED – CONTINUE ITEM 10A TO A FUTURE DATE.
Motion for approval by Councilmember Ashbeck, seconded by Councilmember Whalen.
Motion carried by unanimous vote.
6:32 – ITEM 11 - APPROVED – RES. 22 -44, GPA2022 -002, A REQ UEST TO AMEND THE GENERAL PLAN TO REDE SIGNATE APPROXIMATEL Y 2.51 ACRES FROM TH E
INDUSTRIAL CLASSIFIC ATION TO THE OFFICE CLASSIFICATION FOR P ROPERTY LOCATED ON THE WEST SIDE OF N. CLOVIS AV ENUE, IMMEDIATELY NO RTH OF FREEWAY 168. CITY OF CLOVIS, APPLICANT.
David White, resident, questioned if traffic studies of the area has been conduc ted, if the adjacent residential properties were already in place when the designation mistake was 8 AGENDA ITEM NO. 2.
PRELIMINARY - SUBJECT TO APPROVAL
made, and shared concerns regarding the privacy of the residential homes in the surrounding area if a multi-story building is to be built on the property.
Motion for approval by Councilmember Whalen, seconded by Councilmember Ashbeck.
Motion carried by unanimous vote.
6:53 – ITEM 1 2 - APPROVED – CONDUCT PUBLIC HE ARING AND CLOSE ELEC TION
REGARDING AN ASSESSMENT INCREASE IN LANDSCAPE MAINTENANCE DISTRICT NO. 1.
David White, resident, expressed his support for the increase in rates but did not agree with the timing as the economy is experiencing inflation. He also shared his concerns with the requirements to wash bottles before recycling as we are in a drought.
Paul Williams, resident, commented on his support for the rate increase.
Motion for approval by Councilmember Ashbeck, seconded by Councilmember Whalen.
Motion carried by unanimous vote.
7:02 – ITEM 13 - APPROVED – RES. 22-45, ADOPTION OF THE CITY OF CLOVIS 2022-2023
ANNUAL ACTION PLAN F OR THE EXPENDITURE O F COMMUNITY DEVELOPM ENT BLOCK GRANT FUNDS. (CONTINUED FROM THE MAY 9, 2022, MEETING)
Motion for approval by Councilmember Whalen, seconded by Councilmember Mouanoutoua. Motion carried by unanimous vote.
7:29 – ITEM 14 - APPROVED REVIEW AND INTRODUCTION - RES. 22-46, 2022-23 CITY OF
CLOVIS ANNUAL BUDGET , FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM, AND INFORMATION REGARDING THE CLOVIS SUCCESSOR AGENCY.
Paul Williams, resident, commented on the City’s efforts to plan for the growth of the Police Department.
Motion for approval by Councilmember Ashbeck, seconded by Councilmember Bessinger.
Motion carried by unanimous vote.
COUNCIL ITEMS – 7:47
7:47 – ITEM 15 - APPROVED – TO SUBMIT A LETTER OF SUPPORT FOR SENATE BILL 1410- CABALLERO, CALIFORNI A ENVIRONMENTAL QUAL ITY ACT: TRANSPORTAT ION IMPACTS.
9 AGENDA ITEM NO. 2.
PRELIMINARY - SUBJECT TO APPROVAL
Motion for approval by Councilmember Lynne, seconded by Councilmember Bessinger.
Motion carried by unanimous vote.
CITY MANAGER COMMENTS – 7:49
COUNCIL COMMENTS – 7:50
Mayor Flores adjourned the meeting of the Council to June 6, 2022
Meeting adjourned: 8:05 p.m.
______________________________ ________________________________ Mayor City Clerk
10 AGENDA ITEM NO. 2.
TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: June 6, 2022
SUBJECT: Planning and Development Services - Approval – Final Acceptance for CIP 21-23 Bus Bay at the Department of Social Services.
ATTACHMENTS: 1. Vicinity Map
CONFLICT OF INTEREST
None.
RECOMMENDATION
For the City Council to accept the work performed as complete and authorize recording of the notice of completion.
EXECUTIVE SUMMARY
The project consists of constructing a bus bay reinforced concrete pad for the street shoulder on the east side of Peach Avenue just north of West Dakota Avenue. This is the location of a regional bus stop near the new Department of Social Services facility that includes services from Fresno Area Express. The area is long enough for multiple busses to stop along the curb.
BACKGROUND
The bid opening was December 7, 2021, and the project was awarded by City Council on January 10, 2022, to the lowest responsible bidder, which was determined to be Heavy Road and Rail, Inc. The project was completed in accordance with the construction documents and within the total contract time allotted.
FISCAL IMPACT
1. Contract Award Amount $76,974.00
2. Cost increase resulting from differences between estimated quantities used for award and actual quantities installed $2,314.24
3. Contract Change Orders $0.00
4. Liquidated Damages Assessed $0.00
Final Contract Cost $79,288.24
11 AGENDA ITEM NO. 3.
This project was funded by the Transit Oriented Development Housing program through the City Community Investment Program.
REASON FOR RECOMMENDATION
The Public Utilities Department, City Engineer, Senior Engineering Inspector , and Project Engineer agree that the work performed by the contractor is in accordance with the project plans and specifications and has been deemed acceptable. The contractor, Heavy Road and Rail, Inc., has requested final acceptance.
ACTIONS FOLLOWING APPROVAL
1. The notice of completion will be recorded; and
2. All remaining retention funds will be released no later than 35 calendar days following recordation of the notice of completion, provided no liens have been filed. Retention funds may be released within 60 days after the date of completion, provided no liens have been filed, with "completion" defined as the earlier of either (a) beneficial use and occupancy and cessation of labor, or (b) acceptance by the City Council per Public Contract Code Section 7107(c)(2).
Prepared by: Matt Buller, Senior Engineering Inspector
Reviewed by: City Manager __AH___
12 AGENDA ITEM NO. 3.
Attachment 1
13 AGENDA ITEM NO. 3.
TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: June 6, 2022
SUBJECT: Planning and Development Services - Approval – Bid Award for CIP 20- 05, Video Vehicle Detection Replacement, and authorize the City Manager to execute the contract on behalf of the City.
ATTACHMENTS: 1. Vicinity Map
CONFLICT OF INTEREST
Councilmember Bessinger owns property within 1,000 feet of one of the 15 locations for this project. Since this project is for maintenance purposes of signals with specific equipment throughout the City, it is not considered a conflict of interest for Councilmember Bessinger.
RECOMMENDATION
1. For the City Council to award a contract for CIP 20-05, Video Vehicle Detection Replacement to California Professional Engineering, Inc., in the amount of $887,721.60; and
2. For the City Council to a uthorize the City Manager to execute the contract on behalf of the City.
EXECUTIVE SUMMARY
Staff is recommending that City Council authorize the City Manager to award and execute the contract to California Professional Engineering, Inc., who was the lowest responsible bidder from a bid opening that took place on May 3, 2022.
The work to be performed includes removing and replacing the remaining video detection equipment at 15 intersections in the City with a magnetic loop detection system. The work includes the installation of loop detection wire, DLC cable, loop detection amplifiers, conduit, and pull boxes.
14 AGENDA ITEM NO. 4.
BACKGROUND
The following is a summary of the bid results from May 3, 2022:
BIDDERS BASE BID
California Professional Engineering, Inc. $887,721.60
Tennyson Electric, Inc. $979,467.00
Traffic Loops Crackfilling, Inc. $1,145,540.25
ENGINEER’S ESTIMATE $785,357.75
All bids were examined, and the bidder’s submittals were found to be in order. California Professional Engineering, Inc. is the lowest responsible bidder. Staff has validated the lowest bidder contractor’s license status and bid bond.
FISCAL IMPACT
This project was budgeted in the 2021 -2022 Community Investment P rogram. The project is funded by Measure C through the City Community Investment Program.
REASON FOR RECOMMENDATION
California Professional Engineering, Inc., is the lowest responsible bidder. There are sufficient funds available for the anticipated cost of this project.
ACTIONS FOLLOWING APPROVAL
1. The contract will be prepared and executed, subject to the Contractor providing performance security that is satisfactory to the City; and
2. Construction shall begin approximately two (2) weeks after contract execution and shall be completed in sixty (60) working days thereafter.
Prepared by: John Cross, Engineer II
Reviewed by: City Manager __AH___
15 AGENDA ITEM NO. 4.
Willow
Peach
Clovis
Sunnyside
Fowler
Armstrong
Temperance
Locan
De Wolf
Shepherd
Teague
Nees
Alluvial
Herndon
Sierra
Bullard
Barstow
Shaw
Gettysburg
Ashlan
Dakota
Leonard
Highland
Minnewawa
4 ATTACHMENT 1
CITY LIMITS SPHERE OF INFLUENCE
VICINITY MAP
PROJECT LOCATIONS
Attachment 1
June 6, 2022 John Cross
CIP 20-05 Video Vehicle Detection Replacement
16 AGENDA ITEM NO. 4.
TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 6, 2022
SUBJECT: Planning and Development Services - Approval – Res. 2 2-___, Final Map Tract 6277, located at the northeast corner of North Locan Avenue and Teague Avenue (Tarlton Fresno, LLC).
ATTACHMENTS: 1. Res. 22-___
2. Vicinity Map
3. Copy of Final Map
CONFLICT OF INTEREST
None.
RECOMMENDATION
For the City Council to approve Res. 22-___, which will:
1. Accept the offer of dedication of parcels and public utility easements within Tract 6277; and
2. Authorize the recording of the final map.
EXECUTIVE SUMMARY
The owner, Tarlton Fresno, LLC , acting as the subdivider, has submitted a final map. The improvement plans are being processed by City staff. The improvements to be installed include curb, gutter, sidewalk, streetlights, fire hydrants, street paving, sanitary sewer, water mains, and landscaping. The subject tract is at the northeast corner of North Locan and Teague Avenues.
It contains approximately 3.43 acres and consists of 8 residential units, zoned R-1-AH.
FISCAL IMPACT
The subdivider will be installing curb, gutter, sidewalk, fire hydrants, street paving, sanitary sewer, water mains, and landscaping, which will be perpetually maintained by the City of Clovis.
For the streetlights, the City will pay for the power and PG&E will provide the maintenance.
REASON FOR RECOMMENDATION
The subdivision agreement has been executed by the subdivider and all development fees paid or deferred in accordance with the Municipal Code. The agreement provides for the developer 17 AGENDA ITEM NO. 5.
to complete a technically correct map and improvement plans, and to complete all the required improvements in compliance with the conditions of approval. The improvements are adequately secured.
ACTIONS FOLLOWING APPROVAL
The final map will be filed with the Fresno County Recorder’s office for recording.
Prepared by: Jeff Brown, Engineer I
Reviewed by: City Manager _AH__
18 AGENDA ITEM NO. 5.
Attachment 1
RESOLUTION 22-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING FINAL SUBDIVISION MAP FOR TRACT NO. 6277
WHEREAS, a final map has been presented to the City Council of the City of Clovis for Tract 6277, by The City of Clovis, a Municipal Corporation; and
WHEREAS, said final tract conforms to the requirements of Chapter 2, Part 2, of Division 4 of the Business and Professions Code and to local ordinances.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clovis as follows:
1. The final map of Tract 6277, consisting of two (2) sheets, a copy of which is on file with the City Clerk, be and the same is hereby approved.
2. The subdivision improvement plans for said tract have been approved by City Staff.
3. The preliminary Engineer’s Cost Estimate of development cost of said tract, a copy of which is on file with the City Clerk, be and the same is hereby approved and adopted as the estimated cost of improvements for said subdivision in the sum of $206,000.00.
4. The offer and dedication for public use of the parcels and easements specified on said map are accepted by the City of Clovis and the City Clerk is authorized and directed to execute said subdivision map.
5. This Council finds that the proposed subdivis ion, together with the provisions for its design and improvement, are consistent with applicable general and specific plans of the City of Clovis.
6. Improvement Security, as provided hereunder and in said Subdivision Agreement, is fixed at one hundred percent (100%) of the remaining improvements to be constructed or the sum of $206,000.00 for guaranteeing specific performance of said agreement and fifty percent (50%) of the remaining improvements or the sum of $103,000.00 for payment of labor and materials furnished by contractors, subcontractors, labormen and materialmen in connection with the improvements required to be made or constructed by said subdivider in conformity with said subdivision map or said agreement.
7. Subdivider shall furnish a bond in the sum of $20,600.00 being the amount determined by the City Council of the City as necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance of the tract against any defective work or labor done, or defective materials furnished. Said bond is required to be furnished prior to acceptance of the tract by the City Council.
19 AGENDA ITEM NO. 5.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeti ng of the City Council of the City of Clovis held on June 6, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: June 6, 2022
______________________________ ______________________________ Mayor City Clerk
20 AGENDA ITEM NO. 5.
2 Attachment 2
21 AGENDA ITEM NO. 5.
ATTACHMENT 3
Attachment 3
22 AGENDA ITEM NO. 5.
23 AGENDA ITEM NO. 5.
TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 6, 2022
SUBJECT: Planning and Development Services - Approval – Res. 22-___, Annexation of Proposed Tract 6277, located at the northeast corner of North Locan Avenue and Teague Avenue to the Lan dscape Maintenance District No. 1 of the City of Clovis (Tarlton Fresno, LLC).
ATTACHMENTS: 1. Res. 22-___
CONFLICT OF INTEREST
None.
RECOMMENDATION
For the City Council to approve Res. 22-___, which will annex proposed Tract 6277, located at the northeast corner of North Locan Avenue and Teague Avenue to the Landscape Maintenance District (LMD) No. 1 of the City of Clovis.
EXECUTIVE SUMMARY
The owner, Tarlton Fresno, LLC, acting as the subdivider, has requested to be annexed to th e LMD No. 1 of the City of Clovis as set forth by the Conditions of Approval for Tentative Tract 6277.
BACKGROUND
Tarlton Fresno, LLC , the developer of Tract 6277, has executed a covenant that this development be annexed to the City of Clovis, LMD No. 1 . An executed copy can be provided on request. Council formed the original District on July 15, 1985 , for the purpose of funding the maintenance of landscaped areas and parks.
Under the provisions of the Landscaping and Lighting Act of 1972 and in accordance with Article XIII C and Article XIII D of Proposition 218, all the owners of property pro posed for annexation have provided a written request and consent to anne xation and have executed a covenant (petition) indicating acceptance of the annual assessment.
24 AGENDA ITEM NO. 6.
FISCAL IMPACT
This project will add landscaping to the LMD No. 1 of the City of Clovis shown as follows:
Tract 6277 Year to Date
LMD Landscaping added: 0.089 acres 8.015 acres
Resource needs added: 0.009 persons 0.801 persons
The resource needs estimate is based on 1 person per 10 acres of landscaped area.
REASON FOR RECOMMENDATION
The property owners for the subject tract have requested annexation into the City of Clovis LMD No. 1.
ACTIONS FOLLOWING APPROVAL
Tract 6277 shall become a part of City of Clovis LMD No. 1 and will be assessed next year for maintenance costs.
Prepared by: Jeff Brown, Engineer I
Reviewed by: City Manager _ AH__
25 AGENDA ITEM NO. 6.
RESOLUTION 22-___
RESOLUTION OF THE COUNCIL OF THE CITY OF CLOVIS, CALIFORNIA, APPROVING ANNEXATION TO LANDSCAPING MAINTENANCE DISTRICT NO. 1
OF THE CITY OF CLOVIS
WHEREAS, City of Clovis Landscape Maintenance District No. 1 ("District") was formed by Resolution No. 85-78, adopted July 15, 1985, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the "Act"; and
WHEREAS, all of the owners of property proposed to be annexed to the District consisting of proposed Tract No. 6277, as described in Attachment A attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of engineer's report, or both.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. That the public interest and convenience require that certain property described in Attachment A attached hereto and by reference incorporated herein be annexed into Landscape Maintenance District No. 1 of the City of Clovis for the maintenance and servicing of landscaping facilities.
2. The City Clerk shall receive and file the maps showing the boundaries of the areas annexed as set forth in Attachment A, which boundaries shall be used for assessment proceedings until and unless a change of organization is approved pursuant to the Act.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 6, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: June 6, 2022
______________________________ ______________________________ Mayor City Clerk
Attachment 1
26 AGENDA ITEM NO. 6.
ATTACHMENT A
Legal Description
Lots 1 through 8, inclusive, of Tract Map 6277 recorded in Volume ______ of Plats at Pages ______ through ______, Fresno County Records.
27 AGENDA ITEM NO. 6.
TO: Mayor and City Council
FROM: Public Utilities Department
DATE: June 6, 2022
SUBJECT: Public Utilities – Approval – Contract Award for CIP 22 -03, Dry Creek Playground Resurfacing; and Approval – Authorize the City Manager to Execute the Contract on Behalf of the City.
ATTACHMENTS: 1. Vicinity Map
CONFLICT OF INTEREST
Councilmember Drew Bessinger owns property within 1,000 feet of subject property and, pursuant to law, must abstain from participation and decision regarding this item.
RECOMMENDATION
1. For the City Council to award a contract for CIP 22 -03, Dry Creek Park Playground Resurfacing, to SpectraTurf in the amount of $316,558.00; and
2. For the City Council to authorize the City Manager to execute the contract on behalf of the City.
EXECUTIVE SUMMARY
Staff is recommending that Council authorize the City Manager to execute the contract with SpectraTurf in the amount $316,558.00.
This is a maintenance project to address the deteriorated condition of the surface material, safety issues, and resident concerns at Dry Creek Park by replacing the existing playground surfacing that is beyond repair and mak ing the play equipment fall zones safety compliant . The work consists of site security, removal and disposal of the existing pour-in-place rubber surfacing, removal and relocation of the rubber bark, and installation of new pour-in-place rubber surfacing and engineered wood fiber at Dry Creek Park. The work also includes removal and replacement of the pour-in-place rubber surfacing at the exercise stations along the Dry Creek Trail.
BACKGROUND
Dry Creek Park was originally constructed in 2008. The Park included multiple playground areas that implemented the use of rubber surfacing and rubber bark. The surfacing material has aged 28 AGENDA ITEM NO. 7.
significantly and is in such a worn-out condition that it can no longer be repaired with normal maintenance. Staff is recommending that the surfac ing material be replaced in all play areas and that the rubber bark fill material surrounding the rubber surfacing be replaced with engineered wood fiber simultaneously to provide a complete solution for play equipment fall protection.
This project went through the formal bidding procedure in accordance with applicable provisions of the Public Contract Code and Chapter 2.9 of the Clovis Municipal Code . However, no bids were submitted. Public Contract Code Section 22038 allows the City to pursue quotes from vendors/contractors and negotiate a price if no bids are received. S taff contacted multiple vendors and requested quote s. After receiving two quotes from applicable vendors, staff negotiated a price with SpectraTurf in the amount of $316,558.00.
The quote was found to be consistent for the work to be performed . Staff has validated the contractor’s licens e and the compan y is in good standing. With the favorable quote, staff recommends proceeding with awarding a contract to SpectraTurf in the amount of $316,558.00.
FISCAL IMPACT
This project was budgeted in the 2021-2022 Parks budget.
REASON FOR RECOMMENDATION
SpectraTurf provided the lowest quote. Dry Creek Park ’s playground surfacing is in poor condition and needs to be replaced to be safety compliant . Staff cannot perform the repairs needed to maintain the surfacing through usual maintenance practices.
ACTIONS FOLLOWING APPROVAL
The contract will be prepared and executed, subject to the Contractor providing performance security that is satisfactory to the City.
Prepared by: Haya Qutob, Engineer I
Reviewed by: City Manager _AH__
29 AGENDA ITEM NO. 7.
30 AGENDA ITEM NO. 7.
TO: Mayor and City Council
FROM: Administration
DATE: June 6, 2022
SUBJECT: Consider Approval – Res. 22-___, A resolution approving various actions related to a proposed general tax ballot measure for the November 8, 2022, General Municipal Election:
a. Calling and giving notice of the November 8, 2022, General Municipal Election to present a general tax measure proposing a two percent (2%) increase to the City’s Transient Occupancy Tax (TOT or Hotel Tax); b. Requesting consolidation of the Clovis Municipal Election with the Statewide General Election to be held on the same date; c. Requesting that the Fresno County Board of Supervisors authorize the Fresno County Clerk to render specified services to the City of Clovis relating to the conduct of the General Municipal Election; d. Approving the proposed ballot measure description;
e. Authorizing the City Attorney to prepare the impartial analysis.
Staff: Karey Cha, City Clerk
Recommendation: Approve
ATTACHMENTS: 1. Res. 22-___
CONFLICT OF INTEREST
None.
RECOMMENDATION
For the City Council to approve a resolution approving various actions related to a proposed general tax ballot measure for the November 8, 2022, General Municipal Election:
31 AGENDA ITEM NO. 8.
1. Calling and giving notice of the November 8, 2022, General Municipal Election to present a general tax measure proposing a two percent (2%) increase to the City’s Transient Occupancy Tax (TOT or Hotel Tax), increasing from 10% to 12%;
2. Requesting consolidation of the Clovis Municipal Election with the Statewide General Election to be held on the same date;
3. Requesting that the F resno County Board of Supervisors authorize the Fresno County Clerk to render specified services to the City of Clovis relating to the conduct of the General Municipal Election;
4. Approving the proposed ballot measure description;
5. Authorizing the City Attorney to prepare the impartial analysis.
A 2/3 vote of the entire City Council (4 votes) is required to approve the proposed measure for placement on the ballot for the voters to decide.
EXECUTIVE SUMMARY
In November 2021, Police Chief Fleming presented the State of the Police Department to the City Council indicating a shortage in staffing and forecasting cutbacks in services due to the need for additional funding. In January 2022, the City Council appointed a 25-member Citizens Advisory Committee (CAC) to evaluate the staffing levels of the Police Department, determine if additional funding is needed, and to identify what kind of city they want to live in. After six committee meetings, the CAC presented its findings at a joint meeting with the City Council. At the May 9, 2022, City Council meeting, the Council held a workshop to discuss the next steps in addressing the issue the Police Department is facing and the CAC recommendations. It was the consensus of the City Council to pursue a 2% general t ax increase to the City’s Transient Occupancy Tax (TOT or Hotel Tax) for the November 2022 election, proposing to increase the TOT rate from 10% to 12%.
The City Council directed staff to prepare a sample ballot measure description for the proposed general tax increase to the existing Transient Occupancy (Hotel) Tax to be discussed at the June 6, 2022, City Council meeting. Staff is now returning with a resolution approving various actions related to a proposed ballot measure for the November 2022 General Municipal Election.
BACKGROUND
In November 2021, Police Chief Fleming presented the State of the Police Department to the City Council indicating a shortage in staffing and forecasting cutbacks in services due to the need for additional funding. In January 2022, the City Council appointed a 25-member Citizens Advisory Committee (CAC) to evaluate the staffing levels of the Police Department, determine if additional funding is needed, and to identify what kind of city they want to live in. After six committee meetings, the CAC presented the following findings at a joint meeting with the City Council: a majority of the Committee do not feel that the current Clovis Police Department staffing and funding is adequate for Clovis to remain the saf est city in the Valley ; a majority of the Committee agree that additional sworn police officers are needed over the next five years ; and a majority of the Committee agree that if an increase in services and resources is pursued, it should be funded by some form of tax increase ballot measure for the voters to decide.
32 AGENDA ITEM NO. 8.
At the May 9, 2022, City Council meeting, the City Council directed staff to prepare materials for the Council to consider placing a proposed ballot measure for a general tax increase for the Transient Occupancy Tax (TOT or Hotel Tax) rate by 2% from its current 10% to 12%. The proposed Hotel Tax increase will be placed on the November 2022 ballot. Staff is now returning to the City Council with a resolution approving various actions related to a proposed ballot measure for the November 2022 General Municipal Election:
1. Calling and giving notice of the November 8, 2022, General Municipal Election to present a general tax measure proposing a two percent (2%) increase to the City’s Transient Occupancy Tax (TOT or Hotel Tax);
2. Requesting consolidation of the Clovis Municipal Election with the Statewide General Election to be held on the same date;
3. Requesting that the Fresno County Board of Supervisors authorize the Fresno County Clerk to render specified services to the City of Clovis relating to the conduct of the General Municipal Election;
4. Approving the proposed ballot measure description;
5. Authorizing the City Attorney to prepare the impartial analysis.
1. Calling and giving notice of the Novemb er 8, 2022, General Municipal Election for a ballot measure
In accordance with the California Elections Code, the 2022 General Municipal Election for ballot measures must be called and noticed by a resolution of the City Council. The Elections Official shall consolidate the notice of election and the measure to be voted on into one notice if the measure is placed on the ballot before the notice of election is published pursuant to Elections Code section12101.
By calling and noticing the election, the Ci ty Council is presenting a measure proposing a two percent (2%) increase to the existing Transient Occupancy Tax (TOT or Hotel Tax) in Clovis – a proposed increase from 10% to 12%. The proposed TOT increase and ballot measure is for a general tax, availab le for general fund use and not legally restricted to a particular use.
Approval of the 2% TOT increase will require a ‘yes’ vote by a simple majority of votes cast on the measure at the November 8, 2022, election.
2. Requesting consolidation of the Clovis Municipal Election with the Statewide General Election to be held on the same date
In 2017, the City Council approved an ordinance changing the election dates from March of odd years to November of even years beginning in 2022 to comply with S enate Bill 415. Effective January 1, 2016, SB 415 prohibits a city from holding an election on any date other than a statewide election date (i.e. March). In doing so in the past, voter turnout resulted in at least 25 percent below the average turnout than in the last four statewide general elections. The City will hold its first “on-cycle” election this year in November 2022 to be consolidated with the Statewide General Election.
33 AGENDA ITEM NO. 8.
3. Requesting that the Fresno County Board of Supervisors authorize the Fresno County Clerk to render specified services to the City of Clovis relating to the conduct of the General Municipal Election
On September 14, 2007, the City issued a Request for Proposals (RFP) soliciting proposals for services in support of a General Municipal Ele ction held for the City Council in March of each odd year alternating between two and three Council candidates. Four proposals were received by the October 26, 2007, deadline. A review of the four proposals considering references, experience, cost, and se rvices proposed, led staff to recommend award to the Fresno County Elections Division. On December 10, 2007, City Council approved the award of election services to the Fresno County Elections Division beginning with the March 2009 Election. The 2011, 2013, and the 2015 elections were cancelled as only the incumbents had been nominated. The Fresno County Elections Division conducted the March 2009, March 2017, March 2019 , and March 2021 elections without incident. The Fresno County Elections Division is the Registrar of Voters in Fresno County and is well versed and capable of managing the election and staff is recommending Council authorize the Fresno County Elections Division to conduct the November 2022 General Municipal Election.
4. Approving ballot measure description
Elections Code sections 9051 and 13247 limit the text of ballot measure questions to be submitted to voters to 75 words, not including the title . The proposed question to be placed on the ballot for Council consideration is as follows:
CITY OF CLOVIS PUBLIC SAFETY IMPROVEMENT MEASURE: To maintain and improve public safety services including emergency response times, police protection, neighborhood services, anti-gang and anti -drug programs; repair infrastructure; and provide other City services; shall the City of Clovis increase the current Transient Occupancy Tax, also known as a hotel bed tax paid only by hotel guests, from 10% to 12%, with the 2% increase providing approximately $500,000 annually until ended by voters , subject to publicly available annual audits, with all funds benefitting Clovis residents?
YES NO
The above proposed text is exactly 75 words (as counted in accordance with Elections Code section 9, and not including the title), and may be modified by the City Council before it is approved to be placed on the ballot, but the text must not exceed 75 words. Once the language is finalized and approved, staff will return at the next City Council meeting on June 13, 2022, to introduce an ordi nance amending Chapter 3.3 of the Clovis Municipal Code relating to the Transient Occupancy Tax. The proposed ordinance amending the TOT rate in the Municipal Code will be conditioned upon approval of the tax increase measure by the voters at the election.
5. Authorizing the City Attorney to prepare the impartial analysis
In accordance with the Elections Code section 9280, the City Council may direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on 34 AGENDA ITEM NO. 8.
the ex isting law and the operation of the measure. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of votes or by the City Council. The analysis shall be printed in the v oter’s pamphlet preceding the arguments for and against the measure and shall not exceed 500 words in length.
FISCAL IMPACT
The City incurs a cost every other year to conduct an election. The estimated cost to conduct the regularly scheduled election will be budgeted and accounted for in the 2022-23 budget. Staff is estimating the total cost for the election will not exceed $100,000. With the addition of the measure to be placed on the ballot, additional costs may be incurred, but it is unknown at this time. If additional costs are incurred, staff will return to the City Council with a budget amendment request.
If the proposed TOT increase measure is approved by the voters, it is expected to initially raise approximately $500,000 annually in additional general fund revenue. That additional revenue will increase in the future with additional hotels and higher room rates.
REASON FOR RECOMMENDATION
The City Council directed staff to prepare a sample ballot measure description for a proposed 2% general tax increase to the existing Transient Occupancy (Hotel) Tax to be discussed at the June 6, 2022, City Council meeting.
ACTIONS FOLLOWING APPROVAL
Staff will return to the City Council to introduce an ordinance amending Chapter 3.3 of the Clovis Municipal Code relating to the Transient Occupancy Tax.
Prepared by: Karey Cha, City Clerk
Reviewed by: City Manager JH
35 AGENDA ITEM NO. 8.
Attachment 1
RESOLUTION NO. 22-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS CALLING FOR
AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, TO PRESENT TO VOTERS A MEASURE TO AMEND CHAPTER 3.3 OF THE MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX BY TWO PERCENT (2%), AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; REQUESTING CONSOLIDATION THEREOF WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE;
REQUESTING THAT THE FRESNO COUNTY BOARD OF SUPERVISORS
AUTHORIZE THE FRESNO COUNTY CLERK TO RENDER SPECIFIED SERVICES
TO THE CITY OF CLOVIS RELATING TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION ; APPROVING THE PROP OSED BALLOT MEASURE DESCRIPTION; AND AUTHORIZING THE CITY ATTORNEY TO PREPARE THE
IMPARTIAL ANALYSIS
WHEREAS, in January 2022, the City Council of the City of Clovis formed a 25-member Citizen’s Advisory Committee (“Committee”) and appointed the committee members to review the Police Department funding and staffing and to make recommendations to the City Council; and
WHEREAS, the Committee held several meetings to review and discuss information on Police Department staffing and funding, hear presentations from City staff, consider funding constraints and options for raising revenue to fund City services including public safety staffing and services; and
WHEREAS, on April 6, 2022, the City Council held a joint meeting with the Committee during which the Committee’s recommendations to add additional sworn police officers over the next five years and seek additional revenue in the form of a tax measure to be considered by the voters were provided to and discussed with the City Council; and
WHEREAS, the City Council met at its regularly scheduled meeting of May 9, 2022, to discuss and consider the Committee’s recommendations, and directed City staff to prepare materials for the Council to consider placement of a proposed ballot measure for a proposed general tax increase to the City’s current Transient Occupancy Tax rate of 10%; and
WHEREAS, applicable provisions of the California Revenue and Taxation Code authorize the City to increase a transient occupancy tax for general purposes by ordinance following approval by a majority vote of the qualified electors of the City voting in an election on the issue; and
WHEREAS, the City currently imposes a uniform Transient Occupancy Tax of ten percent (10%) on visitors who stay overnight in hotels, inns, motels, or other short-term rentals in the City for thirty (30) days or less; and
WHEREAS, in accordance with applicable provisions of the California Constitution and California Elections Code the City Council desires to submit to the voters of the City of Clovis a ballot measure proposal to increase the existing rate of the transient occupancy tax in the 36 AGENDA ITEM NO. 8.
2 City of Clovis by two percent (2%), for a total rate of twelve percent (12%) (hereinafter the “Measure”); and
WHEREAS, if the Measure is approved by the voters, the increased transient occupancy tax is a general tax, the revenue of which will be placed in the City’s general fund and be used to pay for any general City services; and
WHEREAS, if the Measure is approved by the voters, every operator of a hotel , motel, inn, or other short-term rental property in the City shall collect the tax from occupants who stay for thirty (30) days or less and are subject to the tax and remit the funds to the City; and WHEREAS, Section 10401 of the Elections Code authorizes the Fresno County Board of Supervisors to consolidate the general municipal election with the statewide general election scheduled for November 8, 2022; and
WHEREAS, the transient occupancy tax increase required by the Measure cannot be imposed without voter approval; and
WHEREAS, voter approval of the Measure increasing the City’s transient occupancy tax rate will require an ordinance amending the Clovis Municipal Code defining the rate and more completely describing the Measure and details of the tax, which ordinance shall be prepared by the City Attorney so as to be enacted if the Measure is approved by the voters (hereinafter “Ordinance”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clovis as follows:
SECTION 1. Pursuant to article XIII C, Section 2(b) of the California Constitution, Section 53724 of the Government Code, and applicable provisions of the Elections Code, the City Council of the City of Clovis hereby calls and orders an election at which the Measure relating to the increase of the City’s transient occupancy tax shall be submitted to the qualified voters of the City.
SECTION 2. The City Council requests the Fresno County Board of Supervisors to consolidate the general municipal election for this Measure with the statewide general election on November 8, 2022, pursuant to section 10403 of the Elections Code.
SECTION 3. The City requests that the Fresno County Clerk/Registrar of Voters conduct the election and canvass the returns, and the City agrees to pay the proportionate share of reasonable expenses of said election, said share to consist of all direct costs as determined by the Fresno County Clerk to be directly related to the conduct of the City of Clovis' special municipal election together with the City's proportionate share of the expenses for election services rendered by Fresno County that are being shared equally with other jurisdictions, if any, by virtue of the consolidation of the City's special municipal election with the elections being held by other jurisdictions, if any, in the City of Clovis on November 8, 2022.
SECTION 4. At the statewide general election to be held on November 8, 2022, the following question shall be submitted to registered voters of the City of Clovis and shall be printed on the election ballot in the form set forth as follows:
37 AGENDA ITEM NO. 8.
3 CITY OF CLOVIS PUBLIC SAFETY IMPROVEMENT MEASURE: To maintain and improve public safety services including emergency response times, police protection, neighborhood services, anti-gang and anti -drug programs; repair infrastructure; and provide other City services; shall the City of Clovis increase the current Transient Occupancy Tax, also known as a hotel bed tax paid only by hotel guests, from 10% to 12%, with the 2% increase providing approximately $500,000 annually until ended by voters, subject to publicly available annual audits, with all funds benefitting Clovis residents?
YES NO
SECTION 5 . The measure shall be designated on the ballot by a letter, as provided in Elections Code Section 13116. This measure shall be designated by let ter by the Fresno County Clerk.
SECTION 6. Passage of the Measure requires a simple majority of votes from qualified voters of the City voting in the election.
SECTION 7. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 8. Pursuant to Elections Code section 12111, the City Council hereby directs the City Clerk, with the assistance of the City Attorney, to prepare a synopsis of the Measure and transmit the synopsis to the Fresno County Clerk/Registrar of Voters to be published in accordance with section 12111.
SECTION 9. The full text of the Measure submitted to the v oters will appear in the sample ballot and voter’s pamphlet. The Ordinance to be enacted to implement the Measure, if the Measure is approved by the voters, will not be printed in the sample ballot and voter ’s pamphlet. However, the full text of the Meas ure and the full text of the Ordinance will be made available at the Office of the Fresno County Clerk/Registrar of Voters and the Office of the City Clerk.
SECTION 10. Arguments in favor of or against the proposed measure are permissible and shall be filed with the Fresno County Clerk/Registrar of Voters in accordance with applicable provisions of the Elections Code, including sections 9280 through 9287 thereof.
SECTION 11. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney, and the City Attorney shall prepare an impartial analysis of the Measure in accordance with Elections Code section 9280 and file it with the Fresno County Clerk/Registrar of Voters.
SECTION 1 2. The City Clerk shall file a certified copy of this resolution with the Fresno County Clerk/Registrar of Voters as required by applicable law. The City Clerk is hereby authorized and directed to work with the Fresno County Clerk/Registrar of Voters and take all steps necessary to cause placement of the Measure and any associated arguments, analysis, synopsis, summary, or ballot question on the ballot.
38 AGENDA ITEM NO. 8.
4 SECTION 13. The City Clerk and City Attorney are authorized to make any typographical, clerical, non-substantive corrections to this resolution and the Measure to be placed on the ballot as may be deemed necessary by the Fresno County Clerk/Registrar of Voters.
SECTION 14. California Environmental Quality Act ( CEQA). The adoption of this Resolution is exempt from the California Environmental Quality Act, Public Resources Code§§ 21000 et seq. ("CEQA") and 14 Cal. Code Reg. §§ 15000 et seq. ("CEQA Guidelines"). The calling and noticing of a Special Municipal Election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines Section 15378. The transient occupancy tax increase submitted to the voters is a general tax that can be used for any governmental purpose; it is not a com mitment to any particular action or actions. As such, under CEQA Guidelines Section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific pro ject that may result in a potentially significant physical impact on the environment.
SECTION 15. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons and circumstances. The City Council of the City of Clovis hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 6, 2022, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
______________________________ ______________________________ Mayor City Clerk
39 AGENDA ITEM NO. 8.
TO: Mayor and City Council
FROM: Finance Department
DATE: June 6, 2022
SUBJECT: Consider Actions related to Annexation of Territory (Annexation #73, T6208 – Northwest Corner Dakota/Highland, T6203 – Northwest Corner Dakota/Thompson, T6161 – Southeast Corner Ashlan/Thompson, & T6340 Southeast Corner Ashlan/Thompson) to the City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services). a. Consider App roval - Res. 22 -___, A Resolution annexing territory (Annexation #73) (T6208 – Northwest Corner Dakota/Highland, T6203 – Northwest Corner Dakota/Thompson, T6161 – Southeast Corner Ashlan/Thompson, & T6340 Southeast Corner Ashlan/Thompson) to the City of Clovis Community Facilities District No. 2004 -1 (Police and Fire Services) and calling a special landowner election to annex territory (Annexation #73) to City of Clovis Community Facilities District No. 2004- 1 (Police and Fire Services).
b. Consider Approval - Res. 22-___, A Resolution of the City of Clovis declaring the results of a special landowner election and directing recording of the Notice of Special Tax Lien for City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services).
Staff: Jay Schengel, Finance Director
Recommendation: Approve
ATTACHMENTS: 1. Resolution of Annexation
2. Resolution Declaring Results
CONFLICT OF INTEREST
None.
RECOMMENDATION
That the Council hold a public hearing and approve actions related to the Annexation of Territory (Annexation #73) to Community Facilities District No. 2004-1.
40 AGENDA ITEM NO. 9.
Consider Approval – Res. 22-___, A Resolution of annexation of territory (Annexation #73) to the Community Facilities District (City of Clovis Community Facilities District No. 2004-1) and to authorize the levy of Special Taxes therein and submitting Levy of Special Taxes to Qualified Electors.
Call for Special Election and have Clerk announce the vote.
Consider Approval – Res. 22-___, A Resolution of the City Council of the City of Clovis Declaring the Results of the Special Annexation Election; Determining Validity of Prior Proceedings and Directing Recording of the Notice of Special Tax Lien (City of Clovis Community Facilities District No. 2004-1) (Police and Fire Services).
EXECUTIVE SUMMARY
Since the condition to establish a CFD was imposed on the developments being processed by the City, developments proceeding after March 8, 2004, must petition to be annexed to the existing CFD. Several property owners have submitted petitions to annex territory to the Community Facilities District 2004-1 and to include their property within the District as provided by the conditions of approval of the development entitlements.
To initiate the process for annexation of territory to a CFD, the Council approved a Resolution of Intention-Annexation #73 (ROI) to annex territory to the CFD on April 18, 2022. The ROI set a public hearing for June 6, 2022. The action today finalizes the annexation to the CFD.
BACKGROUND
Since the condition to establish a CFD was imposed on the developments being processed by the City, developments proceeding after March 8, 2004, must petition to be annexed to the existing CFD. Several property owners have submitted petitions to annex territory to the Community Facilities District 2004-1 and to include their property within the District as provided by the conditions of approval of the development entitlements.
To initiate the process for annexation of territory to a CFD, the Council approved a Resolution of Intention-Annexation #73 (ROI) to annex territory to the CFD. The ROI set a public hearing for June 6, 2022. The Rate and Method of Apportionment (RMA) referred to in the ROI is the same as adopted by the Council with the Resolution of Formation adopted March 8, 2004. RMA provides, among other things, definitions, identifies what properties will be taxed, and the maximum special tax.
The conditions as provided in th e Rate and Method of Apportionment will apply to territory annexed to the Community Facilities Districts to provide funding for public safety operations in new growth areas. The major conditions include:
1. The maximum annual tax will be $265.88 for single family residential and $229.56 for multi-family residential.
2. The maximum tax will be increased by the Escalator Factor, which is the greater of the change in CPI or percentage change in population.
3. There will be a review not later than five years of inception of the CFD. 41 AGENDA ITEM NO. 9.
4. The annual tax will not apply to commercially zoned property.
5. The tax will apply only to that property for which a building permit is issued after January 1, 2004.
6. The costs of salary and benefit increases funded by the CFD will be li mited to the Escalator Factor.
The purpose of the hearing is to take public comment on the annexation of territory to the CFD and to accept protests from any interested person within the proposed boundaries. If no property owner protests are received, the Council may take the initial actions to annex the territory to the CFD by approving a resolution on the annexation to the CFD and calling a special property owner election. Once the election is called, the City Clerk tabulates the ballots. If the prope rty owners of two -thirds (2/3) of the property within the proposed boundaries vote in favor of the CFD, then the Council can take action to direct the recording of Notice of Special Tax Lien. A unanimous vote is required to have the election the same nigh t as approval of the resolution of annexation. The recording of the Tax Lien is contingent upon the property being annexed to the City. The property included within the CFD is being processed for annexation to the City and the Local Agency Formation Commission has approved the annexations.
After the annexation is complete and the Notice of Tax Lien has been recorded, any final maps within the CFD may be recorded and construction permits for homes can be issued. One of the conditions of the CFD is that the tax will only be collected on those properties where a building permit for a residence has been issued.
FISCAL IMPACT
If approved, residential units built within the boundaries of the CFD will be assessed annually according to the conditions of the CFD formation and those assessments will be utilized to fund police and fire services.
REASON FOR RECOMMENDATION
All requirements for the annexation of territory to the CFD have been completed and the Council may take action to annex territory to the CFD.
ACTIONS FOLLOWING APPROVAL
After approval of the resolution directing the recordation of the Notice of Tax Lien, the lien will be recorded.
Prepared by: Steve Nourian, Senior Accounting Systems Technician
Reviewed by: City Manager JH
42 AGENDA ITEM NO. 9.
ATTACHMENT 1
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING
ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN AND SUBMITTING LEVY OF
SPECIAL TAXES TO QUALIFIED ELECTORS
CITY OF CLOVIS
Community Services District No. 2004-1
(Police and Fire Services)
Annexation No. 73
WHEREAS, this Council, on April 18, 2022, adopted A Resolution of Intention to Annex Territory to the Community Services District and to Authorize the Levy of Special Taxes Therein (the “Resolution of Intention”) stating its intention to annex the territory to the City’s Community Services District 2004-1 (the “District”), pursuant to Mello Roos Community Facilities Act of 1982, Sections 53311 and following of the California Government Code (the “Act”); and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District and stating the services to be provided and the rate and method of apportionment of the special tax to be levied within the District to pay for the services for the District, is on file with the Clerk of the Council and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on the date hereof, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and
WHEREAS, at such hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and
WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the District by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing District, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to the District, or (iii) owners of one -half or more of the area of land in the territory proposed to be annexed to the District; and
WHEREAS, Annexation Map No. 73 to the District, has been filed with the City Clerk, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.
43 AGENDA ITEM NO. 9.
NOW, THEREFORE, BE IT RESOLVED,
1. All prior proceedings taken by this Council with respect to the District and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act.
2. The description and map of the boundaries of the territory to be annexed to District, as described in said Annexation Map No. 73 to the District on file with the Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
3. The provisions of the Resolution of Intention and Resolution No. 22-33 adopted by this Council for the District on April 18, 2022, each as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein.
4. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the voters of the area to be annexed to the District at an election called therefore as hereinafter provided.
5. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the clos e of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District.
6. Pursuant to the Act, the election shall be conducted by mail ballot under Section 4000 of the California Elections Code. This Council hereby determines that paragraphs (a), (b), (c)(1), and (c)(3) of said Section 4000 are applicable to this election.
7. The Council hereby calls a special election to consider the measure described in the ballot referred to below, which election shall be held on June 6, 2022, in the regular meeting place of this Council, City Council Chambers, City Hall, 1033 5 th Street, Clovis, California. This Council hereby further finds that the provision of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters and that the voters have waived such requirement and the date for the election herein specified is established accordingly.
8. The City Clerk is hereby appointed as the election official to conduct the election and shall cause to be provided to each landowner in the territory to be annexed to the District. The City Clerk shall accept the ballots of the qualified electors received prior to 5:00 o’clock p.m. on June 6, 2022, whether received by mail or by personal delivery.
* * * * *
44 AGENDA ITEM NO. 9.
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 6, 2022, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: June 6, 2022
______________________________ ______________________________ Mayor City Clerk
45 AGENDA ITEM NO. 9.
ATTACHMENT A
46 AGENDA ITEM NO. 9.
ATTACHMENT 2
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA DECLARING
RESULTS OF SPECIAL ANNEXATION ELECTION, DETERMINING VALIDITY OF
PRIOR PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF
SPECIAL TAX LIEN
CITY OF CLOVIS
Community Facilities District No. 2004-1
(Police and Fire Services)
Annexation No. 73
WHEREAS, in proceedings heretofore conducted by the Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), this Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land proposed to be annexed to Community Facilities District No. 2004-1 (Police and Fire Services) (the “CFD”); and
WHEREAS, pursuant to the terms of the resolution which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass of Votes Cast in Special Election, a copy of which is attached hereto as Attachment A; and
WHEREAS, this Council has reviewed the Canvass and hereby approves it.
NOW, THEREFORE, BE IT RESOLVED,
1. The issue presented at the special election was the levy of a special tax within the territory annexed to the CFD, to be levied in accordance with the formula here tofore approved by this Council as described in Resolution No. 22-33, a Resolution of Annexation of Territory to Community Facilities District, authorizing the Levy of a Special Tax and Submitting Levy of Tax to Qualified Electors, adopted June 6, 2022.
2. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the CFD by more than two-thirds (2/3) of the landowners voting at the special election.
3. Pursuant to the voter approval, said annexed territory to the CFD is hereby declared to be fully annexed to and part of the CFD and this Council may levy special taxes therein as heretofore provided in these proceedings.
4. It is hereby found that all prior pr oceedings and actions taken by this Council pursuant to the CFD and the territory annexed thereto were valid and in conformity with the Act.
47 AGENDA ITEM NO. 9.
Within 15 days of the date hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Fresno, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highways Code.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 6, 2022, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: June 6, 2022
______________________________ ______________________________ Mayor City Clerk
48 AGENDA ITEM NO. 9.
ATTACHMENT A
CITY OF CLOVIS
Community Facilities District No. 2004-1
(Police and Fire Services)
Annexation No. 73
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on this date, in the territory annexed to Community Facilities District No. 2004 -1 (Police and Fire Services) of the City of Clovis which election is designated as the Special Tax Annexation Election, and the total number of ballots cast in the territory to be annexed and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Cast
YES NO
City of Clovis
Community Facilities District No. 2004-1
(Police and Fire Services), Annexation No. 73
Special Tax Annexation Election,
June 6, 2022.
BALLOT MEASURE: Shall the City of Clovis, by and for its Community Facilities District No. 2004 -1 (Police and Fire Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in Resolution No. 22-___ of the City of Clovis, adopted by its Council on June 6, 2022?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this ____ day of 2022.
CITY OF CLOVIS
By:
City Clerk
49 AGENDA ITEM NO. 9.
TO: Mayor and City Council
FROM: Public Utilities Department
DATE: June 6, 2022
SUBJECT: Consider Approval – Declare Results of Election Regarding an Assessment Increase in Landscape Maintenance District No. 1; and Res. 22-___, A Resolution Confirming the Diagram and Assessments for the 2022-23 Annual Levy for Landscape Maintenance District No. 1.
Staff: Glenn Eastes, Assistant Public Utilities Director Recommendation: Approve
ATTACHMENTS: 1. Proposition 218 Election Ballot Results
2. Resolution Confirming Diagram and Assessments
3. Assessment Diagrams
CONFLICT OF INTEREST
None.
RECOMMENDATION
1. Declare Results of Election Regarding an Assessment Increase in Landscape Maintenance District No. 1;
2. Conduct public hearing; and
3. Adopt Resolution No. 22-___, confirming the diagram and assessments for the annual levy of Landscape Maintenance District No. 1 for FY 2022-23.
EXECUTIVE SUMMARY
An election was held to increase the assessment within Landscape Maintenance District No. 1 for Benefit Zones 1 and 5. Acceptance of ballots was closed at the May 16, 2022, Council meeting, and the matter was continued to the June 6, 2022 , Council meeting to allow for tabulation of the election results. Ballots were publicly tabulated on May 17, 2022. Zone 1 passed with 63.13% of the vote in favor of the rate increase. Zone 5 failed with 50.09% not in favor of the rate increase.
50 AGENDA ITEM NO. 10.
The public hearing is required by the Landscape and Lighting Act of 1972 (ACT) to consider all written statements and to afford all interested persons the opportunity to hear and be heard concerning the Landscape Maintenance District assessments for the coming year. There have been no written comments made or filed as of the writing of this report. At the conclusion of the public hearing, the Council will confirm the diagram and assessments in the Engineer’s Report, as presented or amended, to levy assessments on parcels in the LMD for the following fiscal year.
BACKGROUND
On July 15, 1985, Council adopted Resolution No. 85-78, forming the City of Clovis Landscape Maintenance District No. 1 (LMD) in accordance with the Landscaping and Lighting Act of 1972, approved by the California State Legislature. The purpose of the District is to fund the operation and maintenance of landscaped areas and interior parks benefiting development throughout the City.
The yearly assessments established for all properties within the District provide funding for the City's cost for operation, maintenance, and related services. The required operati on and maintenance include mowing, edging, fertilizing, weed control, irrigation systems, pruning, plant replacement, lighting, and a depreciation fund to periodically replace picnic area amenities, playground equipment, and other items such as neighborhoo d monuments. The assessments are collected by the County as a special assessment on the property tax bills.
On March 21, 2022 , Council approved the Preliminary Engineer’s Report and adopted Resolution No. 22-24, declaring the City’s intention to levy and collect the annual assessments for Landscape Maintenance District No. 1 and giv ing notice of public hearing. The notice was published in The Business Journal on May 2 7, 2022. At this time, the Council is to consider all oral and written statements, make any changes to the Engineer’s Report, and adopt the Resolution to levy assessments for FY 2022-23.
Fifteen Assessment Zones will receive a rate increase, twenty -eight Assessment Zones will receive no rate change, and five Assessment Zones will receive a rate decrease.
As required by the ACT, the Engineer’s Report for Landscape District No. 1 is on file with the City Clerk and includes the following:
A full and detailed description of the improvements;
A description of the assessable lots and parcels of land within the LMD; A diagram for the Landscape Maintenance District No. 1, showing the exterior boundaries and the boundaries of any zones within the LMD; The estimated costs of the improvements; and
The proposed assessments.
FISCAL IMPACT
Approval of the Engineer’s Report will provide the necessary funding for the Landscape Maintenance District No. 1 to continue the operation and maintenance of landscaped areas benefiting development throughout the City for the next fiscal year. 51 AGENDA ITEM NO. 10.
REASON FOR RECOMMENDATION
This resolution confirming the diagram and assessments in the Engineer’s Report is required annually by the Landscaping and Lighting Act of 1972. Adoption of the Resolution establishes the levy of assessments in the amount specified in the Engineer’s Report for each parcel for the coming fiscal year.
ACTIONS FOLLOWING APPROVAL
1. The Engineer’s Report, as amended and approved by Council, will be recorded with the Fresno County Recorder’s Office and filed with the Fresno County Auditor-Controller.
2. The assessments will be collected with the property taxes.
Prepared by: Glenn Eastes, Assistant Public Utilities Director
Reviewed by: City Manager JH
52 AGENDA ITEM NO. 10.
City of Clovis
Landscape Maintenance Assessment District
May 16, 2022 Proposition 218 Results
Results for Benefit Zone 1
Weighted Percent of
Type of Number of Ba llots Assessment Weighted
Vote Returned Amount Assessment
Yes 2,308 $309,464.90 63.13%
No 1,638 $180,727.82 36.87%
Total 3,946 $490,192.72
Results Benefit Zone 1: The Assessment Increase Passed 63.13% to 36.87% Total number of ballots mailed: 11,241 for $ 1,427,056.86 - You had a 35
.1% return
Results for Benefit Zone 5
Weighted Percent of
Type of Number of Ba llots Assessment Weighted
Vote Returned Amount Assessment
Yes 561 $40,560.30 49.91%
No 563 $40,704.90 50.09%
Total 1,124 $81,265.20
Results Benefit Zone 5: The Assessment Increase Did Not Pass 49.91% to 50.09% Total number of ballots mailed: 3,652 for $ 267,437.70 - You had a 30.
78% return
ATTACHMENT 1
53 AGENDA ITEM NO. 10.
ATTACHMENT 2
RESOLUTION 22-___
A RESOLUTION OF THE COUNCIL OF THE CITY OF CLOVIS, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS IN THE ENGINEER’S REPORT FOR THE ANNUAL LEVY, 2022-23, LANDSCAPE MAINTENANCE DISTRICT NO. 1
WHEREAS, on March 21, 2022, pursuant to Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, the Council of the City of Clovis did adopt Resolution No. 22-24, a Resolution of Intention to Levy and Collect the Annual Assessment for Landscape Maintenance District No. 1 of the City of Clovis, (herein “LMD No. 1”); and
WHEREAS, the Council did declare in said Resolution of Intention its intention to levy and collect the annual assessment for the maintenance and operation of the landscaping facilities in said LMD No. 1; and
WHEREAS, notice of the public hearing was given as provided by law.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Council determines that the territory within the LMD No. 1, whose boundaries are set forth in the Engineer’s Report of the City of Clovis LMD No. 1 dated June 6, 2022, as amended and on file with the City Clerk of the City of Clovis, will be the territory benefited by the maintenance and serv icing of the improvements described in said Engineer’s Report.
2. The assessments are in compliance with Part 2 of Division 15 of the Streets and Highways Code, and are levied without regard to property valuation. The City Council directs the placement of the assessments on the tax roll for collection.
3. The Public Hearing on said annual levy of assessments was held in accordance with law, and all persons filing protests or requesting to speak and who appeared were heard.
4. The Engineer’s Report and th e assessment of the estimated costs of the improvements contained therein and each and every part of said report, as amended, is adopted and approved; and the assessments upon the land in the LMD No. 1 being found to be in proportion to the benefits to be received from the improvements, are finally approved and confirmed as the assessments to pay the costs of each improvement and the expenses incidental thereto.
54 AGENDA ITEM NO. 10.
5. The Council hereby orders the levy of the assessments described in the Engineer’s Report, as amended.
6. The subdivisions of land within the District are to be assessed to pay the costs of the landscape maintenance.
7. The City Clerk shall file the Engineer’s Report and assessments, as confirmed, or a certified copy thereof, with the Recorder of the County of Fresno.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 6, 2022 by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: June 6, 2022
______________________________ ______________________________ Mayor City Clerk
55 AGENDA ITEM NO. 10.
HIGHLAND AVE
HERNDON AVE
FOWLER AVESHEPHERD AVE
BULLARD AVE
SIERRA AVE
SUNNYSIDE AVE LEONARD AVEDEWOLF AVE
BARSTOW AVE
LOCAN AVETEMPERANCE AVEPEACH AVEMINNEWAWA AVE ARMSTRONG AVE
NEES AVE
TEAGUE AVE
CLOVIS AVE
ALLUVIAL AVE
SHAW AVE
GETTYSBURG AVE
ASHLAN AVE
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
LMD ZONES 1-3
GENERAL LANDSCAPING
2022/2023 ASSESSMENT CHANGES
ASSESSMENT INCREASE FOR ZONE 1
NO ASSESSMENT CHANGES ZONES 2 & 3 µ
1 inch = 5,167 feet
ZONE 1
ZONE 2ZONE 3
ATTACHMENT 3 56
AGENDA ITEM NO. 10.
HIGHLAND AVE
HERNDON AVE
FOWLER AVESHEPHERD AVE
BULLARD AVE
SIERRA AVE
SUNNYSIDE AVE LEONARD AVEDEWOLF AVE
BARSTOW AVE
LOCAN AVETEMPERANCE AVEPEACH AVEMINNEWAWA AVE ARMSTRONG AVE
NEES AVE
TEAGUE AVE
CLOVIS AVE
ALLUVIAL AVE
SHAW AVE
GETTYSBURG AVE
ASHLAN AVE
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community µ
1 inch = 5,167 feet
ZONE 4
ZONE 5ZONE 6
LMD ZONES 4-6
PARKS
2022/2023 ASSESSMENT CHANGES
NO ASSESSMENT CHANGES ZONES 4-6
57 AGENDA ITEM NO. 10.
HIGHLAND AVE
HERNDON AVE
FOW
LER AVE
SHEPHERD AVE
BULLARD AVE
SIERRA AVE
SUNNYSIDE AVE
LEONARD AVE
DEW
OLF AVE
BARSTOW AVE
LOCAN AVE
TEM
PERANCE AVE
PEACH AVE
M
INNEW
AW
A AVE
ARM
STRONG AVE
NEES AVE
TEAGUE AVE
CLOVIS AVE
ALLUVIAL AVE
SHAW AVE
GETTYSBURG AVE
ASHLAN AVE
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
LMD ZONES 7 - 47
NEIGHBORHOOD ENHANCEMENTS
2022/2023 ASSESSMENT CHANGES
µ
1 inch = 4,833 feet
13 5%30
-10%
32 0%
10 -5%
9 -15%
8 -15%
15 0%
22 -15%
27 0%
29 0%
28 0%
18 0%
12 0%
19 0%
33 5%
25 5%
26 5%
7 0%
21 0%
39 0%
24 0%
23 0%
36 0%
17 0%
14 0%
35 5%
16 5%
20 0%
37 8%
31 10%
34 0%
38 12%
Assessment Changes No Change IncreaseDecrease
41 0%
40 9%
44 4%
43 4%
42 0%
45 0%
47 0%
46 0%
58 AGENDA ITEM NO. 10.
HIGHLAND AVE
HERNDON AVE
FOWLER AVESHEPHERD AVE
BULLARD AVE
SIERRA AVE
SUNNYSIDE AVE LEONARD AVEDEWOLF AVE
BARSTOW AVE
LOCAN AVETEMPERANCE AVEPEACH AVEMINNEWAWA AVE ARMSTRONG AVE
NEES AVE
TEAGUE AVE
CLOVIS AVE
ALLUVIAL AVE
SHAW AVE
GETTYSBURG AVE
ASHLAN AVE
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
LMD ZONES SOUTHEAST AND NORTHWEST
2022/2023 ASSESSMENT CHANGES
5% ASSESSMENT INCREASE FOR ZONE NW
NO ASSESSMENT CHANGE FOR ZONE SE µ
1 inch = 5,208 feet
ZONE SE
ZONE NW
59 AGENDA ITEM NO. 10.
TO: Mayor and City Council
FROM: Administration
DATE: June 6, 2022
SUBJECT: Consider – A request from Clovis-Big Dry Creek Historical Society for the City Council to Create a Historical Preservation Commission.
Staff: Andrew Haussler, Assistant City Manager
Recommendation: Consider request and provide direction.
ATTACHMENTS: 1. Letter from Clovis-Big Dry Creek Historical Society
CONFLICT OF INTEREST
None.
RECOMMENDATION
For the City Council to provide direction to staff based on the request from the Clovis-Big Dry Creek Historical Society to form a Historical Preservation Commission.
EXECUTIVE SUMMARY
Staff is in receipt of a request (attached) to the City Manager from the Clovis-Big Dry Creek Historical Society to form a historical preservation commission.
BACKGROUND
After the discussion regarding the status of the Clovis Carnegie Library Building on May 2, 2022, the Clovis-Big Dry Cre ek Historical Society submitted a letter on May 16, 2022 , to the City Manager requesting that the City form a Historical Preservation Commission. The City currently does not have a Historical Preservation Commission. The letter from the Clovis-Big Dry Creek Historical Society refers to the Council giving verbal direction to staff at the May 2nd Council meeting to initiate the formation of a Historical Preservation Commission . However, no action was taken at that meeting. Staff now seeks Council’s direction on the potential formation of such a Commission.
When the Zoning Code was updated in 2014, a definition for “Historical Preservation Board” was included in Chapter 9.120 , and defined to be a City review board designated to promote the cultural, economic, educational, and general welfare of the City through the preservation and 60 AGENDA ITEM NO. 11.
protection of buildings, sites, structures, areas, and districts of historic significance and interest.
Although a definition for the Board was included, no other provisions in the Zoning Code address a Historic Preservation Board or require its creation , and the City has not take n action to establish such a Board . To establish a Historic Preservation Commission (or Board) the City Council would need to i nitiate and approve an amendment to the Zoning Code to incorporate such a Board into the development review process for designated buildings and sites.
The role of a Historic Preservation Commission can vary as determined by the City Council.
Many similar commissions in other cities review historic resources such as buildings, sites, structures, areas, and districts of historic significance and interest, and determine what should be recommended as designated for protection, subject to City Council approval. A commission may also serve as an additional reviewing /advisory body, reviewing and making recommendations on a designated site application to the Planning Commission. If an owner of one of those designated buildings, sites, structures, areas, and districts of historic significance and interest wants to make improvements and/or changes the Historic Preservation Commission would review and determine if the request is appropriate and then recommend approval or denial of the application to the Director, Planning Commissio n, and City Council, depending on the entitlement. While this would add a layer of protection to designated historic resources it may also deter investment as it could increase approval timeframes and potentially increase expenses to make improvements.
It is likely amendments and/or additions to the City’s General Plan would also be required for the Historic Preservation Commission to determine standard s to apply . Currently i n the City of Clovis, historic preservation is governed by the General Pla n in t he Open Space and Conservation Element under Goal 2: Natural, agricultural, and historic resources that are preserved and promoted as key features for civic pride and identity. This is implemented by the following policies:
Policy 2.9: National and state historic resources. Preserve historical sites and buildings of state or national significance in accordance with the Secretary of Interior Standards for Historic Rehabilitation.
Policy 2.10: Local historic resources. Encourage property owners to maintain the historic integrity of the site by (listed in order of preference): preservation, adaptive reuse, or memorialization.
Policy 2.11: Old Town. Prioritize the preservation of the historic character and resources of Old Town.
Policy 2.12: Public education. Support public education efforts for residents and visitors about the unique historic, natural, and cultural resources in Clovis.
In addition, the Central Clovis Specific Plan further implemented the above goal and policies with design guideli nes and language desiring to preserve the historic nature of the Old Town area.
61 AGENDA ITEM NO. 11.
Staff is currently seeking direction from Council regarding a request to establish a Historic Preservation Commission. Below are some options for Council to consider:
1) Keep status quo as currently determined in the General Plan as provided above. 2) Direct staff to review historic preservation in the General Plan Update currently underway to determine any new goals, policies, and implementation steps such as establishing a Historical Preservation Commission.
3) Direct staff to bring back the necessary items for Council to consider establishing a Historical Preservation Commission before completing the General Plan Update.
FISCAL IMPACT
At this point in the discussion there is no fiscal impact.
REASON FOR RECOMMENDATION
Staff is in receipt of a request to the City Manager from the Clovis-Big Dry Creek Historical Society to form a historical preservation commission.
ACTIONS FOLLOWING APPROVAL
Staff will implement Council direction.
Prepared by: Andrew Haussler, Assistant City Manager
Reviewed by: City Manager JH
62 AGENDA ITEM NO. 11.
SAVE OUR 1914 CARNEGIE LIBRARYCOMMITTEE
”0Clovis‐BigDry CreekHistorical Society
401 PollaskyAvenue
Clovis, CA 93612‐ 1144
May 16, 2022
Mr. John Holt
City Manager
City of Clovis
1033 Fifth Street
Clovis, CA93612
DeaWJA/‘k
Two years ago the Clovis-Big Dry Creek Historical Society formed a committee to advocate for the preservation of the Carnegie Library building in Old Town Clovis, listed among the Fresno County Historical Landmarks and , RecordsAdvisory Commission’sInventory of Historic Sites in Fresno County.
We believe that Old Town Clovis should continue to be defined by its authentic historical buildings wherever feasible. The campaign to protect the Carnegie Library building has accentuated the absence of a City of Clovis Historic Preservation Commission to review projects and plans that may affect the City’s historic and cultural heritage. Typically such commissions encourage public participation.
We believe that prompt action by the City to establish a Historic Preservation Commission will:
- discourage demolition of our cultural history
- take a vital step toward applying to be a state CertifiedLocal Government to expedite environmental reviews and create opportunities for grant funding
0 promote conservation of resources and reduce waste and expense by repairing and reusing existing buildings, greatly reducing their carbon footprint
encourage identification of significant buildings to educate the public about local history contribute expertise in period architecture to maintain the authenticity of Old Town and other historical sites, and
- generate enthusiasm for Clovis’unique character, both as a destination and for the benefit of local citizens.
Many municipalities maintain a LocalRegister of Historic Resources. Such resources are researchedand evaluated as to their significance, and often are marked by plaques or other insignia to illuminate a town's historical development. We believe that Clovis is worthy of such a project.
The Council gave verbal direction to staff at the City Council meeting on May 2, 2020, to initiate the formation of a Historic Preservation Commission. Our citizen group endorses this action with enthusiasm. In addition to the committee-comprised of seven Clovis citizens who are passionate about the preservation of historically significant landmarks‐ we have consulted an advisory group comprised of John Wright, former City of Clovis Planning Director; Elizabeth Laval, President, Fresno County Historical Society; Karana Hattersley-Drayton, former City of Fresno Historic Preservation Project Manager; and Chris Johnson, AIA, Principal and Project Lead for the 2005 restoration of Fresno’sSanta Fe Depot. We offer our services to aid the City in the establishment of a Clovis Historic Preservation Commission.
If you would like to discussthis issue, please contact me by phone at (559) 930-3619, or by email at sayremcfarlanemiller©gmail.com.
Sincere regards,
S yre Miller
Committee Co‐chair ,
Past Chairman, Fresno County Historical Society
Peg Bos, Committee Co-chair Paul Halajian Tom Wright
Past President, Clovis-Big Dry Creek Historical Society Architect, Old Town Clovis Board Chairman, Clovis Veterans Memorial District Carol Smittcamp Copeland Don Bremseth Betsy Smittcamp Kimball Business Owner, Old Town Clovis Architect / 1979-85 Carnegie Library President, Smittcamp Family Foundation Restoration Committee Member
ATTACHMENT 1
63 AGENDA ITEM NO. 11.
TO: Mayor and City Council
FROM: Administration
DATE: June 6, 2022
SUBJECT: Consider Approval – To submit a letter of Opposition for Assembly Bill 2550- Arambula, State Air Resources Board: San Joaquin Valley Air Pollution Control District: nonattainment.
Staff: John Holt, City Manager
Recommendation: Approve
ATTACHMENTS: 1. Proposed Legislation – AB 2550
CONFLICT OF INTEREST
None.
RECOMMENDATION
That the City Council provide policy direction to oppose Assembly Bill 2550- Arambula, State Air Resources Board: San Joaquin Valley Air Pollution Control District: nonattainment.
EXECUTIVE SUMMARY
Assembly Bill 2550 - Arambula, State Air Resources Board: San Joaquin Valley Air Pollution Control District: nonattainment is being considered by the California Legislature. Staff has reviewed the bill and is recommending City Council provide policy direction to oppose the legislation. The bill would require t he State Air Resources Board, if the San Joaquin Valley Air Pollution Control District (District) does not receive a determination of attainment from the United States Environmental Protection Agency by the applicable attainment date for that standard, to undertake additional activities and place the State Air Resources Control Board in control of these local issues. If the recommendation is approved , staff will draft a letter to submit to the legislature for consideration.
BACKGROUND
Assembly Bill 2550 - Arambula, State Air Resources Board: San Joaquin Valley Air Pollution Control District: nonattainment is being considered by the California Legislature. Staff has reviewed the bill and is recommending City Council provide policy direction to oppose the legislation. The legislation is now up for a floor vote in the Assembly.
64 AGENDA ITEM NO. 12.
The bill would require the State Air Resources Board, if the San Joaquin Valley Air Pollution Control District (District) does not receive a determination of attainment from the U nited States Environmental Protection Agency by the applicable attainment date for that standard, to undertake certain activities This includes coordinating with the District and community -based organizations in the District and conducting outreach to und er-resourced communities in the District to identify gaps in the state implementation plan and the district’s attainment plan, rules, regulations, programs, and enforcement practices that impact the district’s ability to attain and maintain that ambient air quality standard. This would increase costs on the businesses in the District and minimize the District’s role in regulating and improving air quality within the District , and place the State Air Resources Control Board in control of these local issues. In addition, it would require a duplicative input process from community groups on air quality issues. It is noted that much of the air pollution that causes non -attainment in the District is from mobile sources, of which the District has no ability to regulate.
The position of the League of Cities is stated as “watch” at this time. The San Joaquin Valley Air Pollution Control District is listed as an “oppose” at this time.
If the recommendation is approved , staff will draft a letter to submit to the legislature for consideration.
FISCAL IMPACT
None at this time.
REASON FOR RECOMMENDATION
The position on this bill recommended are in the best interest of the City and allowing decisions on air quality mitigation programs and resources to be made at the local level.
ACTIONS FOLLOWING APPROVAL
Staff will draft a letter of opposition for the Mayor’s signature.
Prepared by: Andrew Haussler, Assistant City Manager
Reviewed by: City Manager JH
65 AGENDA ITEM NO. 12.
AMENDED IN ASSEMBLY APRIL 28, 2022
AMENDED IN ASSEMBLY APRIL 19, 2022
AMENDED IN ASSEMBLY MARCH 24, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2550
Introduced by Assembly Member Arambula
February 17, 2022
An act to add Section 41501 to the Health and Safety Code, relating to air pollution.
legislative counsel’s digest
AB 2550, as amended, Arambula. State Air Resources Board: national ambient air quality standards: nonattainment districts. San Joaquin Valley Air Pollution Control District: nonattainment.
Existing law generally designates local air districts with primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the State Air Resources Board, Board to coordinate air pollution control activities throughout the state and to ensure that the entire state is, or will be, in compliance with state standards, to review a district’s attainment plan, and any revised plan, to determine whether the plan will achieve and maintain the state’s ambient air quality standards by the earliest practicable date, to review the rules, regulations, and programs submitted by an air district to determine whether they are sufficiently effective to achieve and maintain the state ambient air quality standards, and to review the enforcement practices of a district to determine whether reasonable action is being taken to enforce the district’s programs, rules, and regulations. Existing law authorizes the state board, if, after a public hearing, it finds that a 96 Attachment 1 66
AGENDA ITEM NO. 12.
program or the rules and regulations of an air district will not likely achieve and maintain the state’s ambient air quality standards, to establish a program, or portion thereof, or rules and regulations it deems necessary to enable the air district to achieve and maintain ambient air quality standards.
This bill would require the state board, if
a district in severe or extreme
nonattainment for a national ambient air quality standard has not received the San Joaquin Valley Air Pollution Control District does not receive a determination of attainment from the United States Environmental Protection Agency for a national ambient air quality standard established by the agency pursuant to the federal Clean Air Act
by the applicable attainment date for that standard, to undertake certain activities, including coordinating with the district and community-based organizations in the district and conducting outreach to under-resourced communities in the district to identify gaps in the state implementation plan and the district’s attainment plan, rules, regulations, programs, and enforcement practices that impact the district’s ability to attain and maintain that ambient air quality standard
and to coordinate with the district to provide additional monitoring and enforcement capacity for stationary sources in the district, as provided. standard. The bill would require the state board to conduct at least one public hearing in the district regarding the district’s attainment plan, and would require the state board to solicit public comment on specified topics, including the state board’s review of the district’s attainment plan, rules, regulations, programs, and enforcement practices, data regarding stationary sources in the district, including monitoring and enforcement of those sources, and the state board’s plan to coordinate with the district to provide additional monitoring and enforcement capacity for stationary sources in the district.
This bill would make legislative findings and declarations as to the necessity of a special statute for the San Joaquin Valley Air Pollution Control District.
V ote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
96 — 2 — AB 2550
67 AGENDA ITEM NO. 12.
line 1 (a) The United States En vironmental Protection Agency is line 2 responsible for establishing national ambient air quality standards line 3 for a number of pollutants, including ozone and particulate matter line 4 below 10 microns (PM10) and below 2.5 microns (PM2.5) in size. line 5 (b) Poor air quality is intimately link ed with ne gative health line 6 impacts, including respiratory illness and premature deaths, with line 7 recent studies estimating air pollution as the cause of over 100,000 line 8 premature deaths in the United States in 2011.
line 9 (c) The distrib ution of premature deaths is not equal. line 10 Low-socioeconomic status communities are at higher risk than line 11 higher-income communities. Additionally, Hispanic, Asian, and line 12 Black individuals experience higher risk of premature death than line 13 White individuals.
line 14 (d) Specific to PM2.5, research has found that for elders enrolled line 15 in Medicare, it is estimated that reaching the World Health line 16 Organization’s standards, which are only slightly more stringent line 17 than the most recent national standards, w ould pre vent nearly line 18 140,000 early deaths of elderly individuals over the next decade. line 19 For the San Joaquin Valley, data suggests that PM2.5 exposure is line 20 responsible for 1,200 cases of premature death in the valley each line 21 year.
line 22 (e) However, the eight counties forming the San Joaquin Valley line 23 Air Pollution Control District continue to be in nonattainment of line 24 annual national PM2.5 air standards set in 1997, let alone more line 25 stringent national standards passed in 2006 and 2012. line 26 (f) The United States En vironmental Protection Agency also line 27 establishes timelines for attainment of national ambient air quality line 28 standards, and the San Joaquin Valley has consistently e xceeded line 29 deadlines since the initial deadline for 1997 standards. line 30 (g) In November 2021, a la wsuit was filed against the United line 31 States En vironmental Protection Agency claiming prolonged line 32 inaction by the agenc y to address continued nonattainment of line 33 national ambient air quality standards in the San Joaquin Valley. line 34 (h) If the United States En vironmental Protection Agency line 35 imposes sanctions on the state as a result of litig ation regarding line 36 nonattainment areas in the state, the agency may prohibit approval line 37 of state highw ay construction projects not directly link ed to line 38 improving public safety or emissions reductions. line 39 (i) Beyond the clear negative impacts to public health, continued line 40 nonattainment poses a risk to construction and economic gro wth 96 AB 2550 — 3 —
68 AGENDA ITEM NO. 12.
line 1 in the San Joaquin Valley. To reduce the risk of premature deaths line 2 for hundreds of thousands of state residents and to remove the risk line 3 of federal sanctions, the state needs to enact legislation to ensure line 4 consistent progress and rapid attainment of national ambient air line 5 quality standards in the state.
line 6 SEC. 2. Section 41501 is added to the Health and Safety Code, line 7 to read:
line 8 41501. If a
line 9 41501. (a) For purposes of this section, the following terms line 10 have the following meanings:
line 11 (1) “Agency” means the United States Environmental Protection line 12 Agency.
line 13 (2) “District” means the San J oaquin Valley Air P ollution line 14 Control District.
line 15 (b) If the district in se vere or e xtreme nonattainment for a line 16 national ambient air quality standard established by the United line 17 States Environmental Protection Agency pursuant to the federal line 18 Clean Air Act (42 U.S.C. Sec. 7401 et seq.) has not received does line 19 not receive a determination of attainment from the United States line 20 Environmental Protection Agency agency for a national ambient line 21 air quality standar d established by the a gency pur suant to the line 22 federal Clean Air Act (42 U .S.C. Sec. 7401 et seq.) by the line 23 applicable attainment date for that standard, the state board shall line 24 do all of the following:
line 25 (a)
line 26 (1) Coordinate with the district and community-based line 27 organizations in the district, and conduct outreach to line 28 under-resourced communities, as defined in subdi vision (g) of line 29 Section 71130 of the Public Resources Code, in the district to line 30 identify gaps in the state implementation plan and the district’ s line 31 attainment plan, rules, re gulations, programs, and enforcement line 32 practices that impact the district’ s ability to attain and maintain line 33 that national ambient air quality standard.
line 34 (b)
line 35 (2) Coordinate with the district to provide additional monitoring line 36 and enforcement capacity for stationary sources in the district, line 37 including, b ut not limited to, independently inspecting, or line 38 accompanying the district on inspections of, the largest stationary line 39 sources in the district.
line 40 (c) (1)
96 — 4 — AB 2550
69 AGENDA ITEM NO. 12.
line 1 (3) (A) Develop a program, or portion thereof, or rules or line 2 regulations that the state board deems necessary to enable the line 3 district to attain and maintain that national ambient air quality line 4 standard.
line 5 (2)
line 6 (B) Any program, or portion thereof, or rule or re gulation line 7 established by the state board for the district shall ha ve the same line 8 force and effect as a program, rule, or re gulation adopted by the line 9 district and shall be enforced by the district.
line 10 (d)
line 11 (4) Conduct at least one public hearing in the district regarding line 12 the district’s attainment plan submitted pursuant to Section 40911, line 13 and solicit public comment on, all of the following:
line 14 (1)
line 15 (A) The state board’s review of the district’ s attainment plan, line 16 rules, regulations, programs, and enforcement practices. line 17 (2)
line 18 (B) Gaps in the state implementation plan and the district’ s line 19 attainment plan, rules, re gulations, programs, and enforcement line 20 practices, either independently identified by the state board or line 21 identified pursuant to subdivision (a), paragraph (1) that impact line 22 the district’s ability to attain and maintain that national ambient line 23 air quality standard.
line 24 (3)
line 25 (C) Data regarding stationary sources in the district, including line 26 monitoring and enforcement of those sources, and the state board’s line 27 plan to coordinate with the district to provide additional monitoring line 28 and enforcement capacity pursuant to subdivision (b). paragraph line 29 (2).
line 30 (4)
line 31 (D) The programs, rules, or re gulations that the state board line 32 developed pursuant to paragraph (1) of subdi vision (c) line 33 subparagraph (A) of paragraph (3) and that the state board deems line 34 necessary to enable the district to attain and maintain that national line 35 ambient air quality standard.
line 36 (5)
line 37 (E) Any other data, analysis, evaluation, or information relevant line 38 to the district’s ability to attain and maintain that national ambient line 39 air quality standard, including, b ut not limited to, the impact of line 40 nonattainment on public health in the district and in the state. 96 AB 2550 — 5 —
70 AGENDA ITEM NO. 12.
line 1 SEC. 3. The Legislature finds and declares that a special statute line 2 is necessary and that a general statute cannot be made applicable line 3 within the meaning of Section 16 of Article IV of the California line 4 Constitution because of the need to pr otect public health in the line 5 San J oaquin Valley Air P ollution Contr ol District, including line 6 reducing the risk of premature deaths, due to air pollution in the line 7 district and the risk of feder al sanctions fr om the United States line 8 Environmental Protection Agency regarding the district’s failure line 9 to consistently meet established timelines for attainment of national line 10 ambient air quality standards.
O
96 — 6 — AB 2550
71 AGENDA ITEM NO. 12.
TO: Mayor and City Council
FROM: Administration
DATE: June 6, 2022
SUBJECT: Consider Approval – To submit a letter of Opposition for Assembly Bill 2011- Wicks, Affordable Housing and High Road Jobs Act of 2022.
Staff: John Holt, City Manager
Recommendation: Approve
ATTACHMENTS: 1. Proposed Legislation – AB 2011
CONFLICT OF INTEREST
None.
RECOMMENDATION
That the City Council provide policy direction to oppose Assembly Bill 2011 - Wicks, Affordable Housing and High Roads Jobs Act of 2022.
EXECUTIVE SUMMARY
Assembly Bill 2011 - Wicks, Affordable Housing and High Roads Jobs Act of 2022 is being considered by the California Legislature. Staff ha s reviewed the bill and is recommending City Council provide policy direction to oppose the legislation. The bill would make certain housing developments that meet specified affordability and site criteria and objective development standards a by -right land-use within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to streamlined ministerial review processes. This would disregard the City’s General Plan and public input processes for la nd use changes and potentially severely impact the City’s ability to maintain land for job generating uses. If the recommendation is approved , staff will draft a letter to submit to the legislature for consideration.
BACKGROUND
Assembly Bill 2011 - Wicks, Affordable Housing and High Roads Jobs Act of 2022 is being considered by the California Legislature. Staff has reviewed the bill and is recommending City Council provide policy direction to oppose the legislation. The legislation is now up for a floor vote in the Assembly.
72 AGENDA ITEM NO. 13.
The bill would make certain housing developments that meet specified affordability and site criteria and objective development standards a by-right land-use within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to streamlined ministerial review processes. If a developer chose to utilize this new process , it would be required to pay prevailing wage , which may be required to be monitored by the City.
This would disregard the City’s General Plan and public input processes for land use changes and potentially severely impact the Cit y’s ability to maintain land for job generating uses. In addition, it would bring into question the City’s Housing Element Process as t he bill does not allow the City to count the sites as part of its inventory to meet Regional Housing Needs Allocation.
The position of the League of Cities is stated as “oppose” at this time.
If the recommendation is approved , staff will draft a letter to submit to the legislature for consideration.
FISCAL IMPACT
None at this time.
REASON FOR RECOMMENDATION
The position on this bill recommended are in the best interest of the City and encouraging the fulfillment of the City’s General Plan.
ACTIONS FOLLOWING APPROVAL
Staff will draft a letter of opposition for the Mayor’s signature.
Prepared by: Andrew Haussler, Assistant City Manager
Reviewed by: City Manager JH
73 AGENDA ITEM NO. 13.
AMENDED IN ASSEMBLY MAY 11, 2022
AMENDED IN ASSEMBLY APRIL 18, 2022
AMENDED IN ASSEMBLY MARCH 24, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2011
Introduced by Assembly Members Wicks, Bloom, Grayson,
Quirk-Silva, and Villapudua
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Berman, Mike Fong, Reyes, and Robert Rivas) Robert Rivas, and Blanca Rubio)
February 14, 2022
An act to add Chapter 4.1 (commencing with Section 65912.100) to Division 1 of Title 7 of the Government Code, relating to housing. legislative counsel’s digest
AB 2011, as amended, Wicks. Affordable Housing and High Road Jobs Act of 2022.
The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards.
This bill would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development 96 Attachment 1
74 AGENDA ITEM NO. 13.
project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including that all construction workers shall be paid at least the general prevailing rate of wages, as specified.
The bill would require a development proponent to certify to the local government that those standards will be met in project construction. By expanding the crime of perjury, the bill would impose a state-mandated local program. The
This bill w ould require the Labor Commissioner to enforce the obligation to pay pre vailing w ages. The bill w ould require a development proponent for a development of 50 or more housing units to require construction contractors to participate in an apprenticeship program or request dispatch of apprentices from a state-appro ved apprenticeship program, and to make specified health care expenditures for construction craft employees. The bill would require the development proponent to certify compliance with those requirements to the local government and to report monthly to the local go vernment that the y are in compliance with those requirements. The bill would subject the development proponent and the construction contractors and subcontractors to specified ci vil penalties for f ailing to comply with those requirements, and would require the penalty funds to be deposited in the State Public Works Enforcement Fund. The bill would prohibit a local government from imposing any requirement, including increased fees, on the basis that the project is eligible to recei ve ministerial or streamlined approval. Because the bill w ould impose ne w duties on local go vernments, the bill w ould impose a state-mandated local program.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an en vironmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a ne gative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may ha ve a significant effect on the environment if revisions in the project would avoid or mitig ate that effect and there is no substantial e vidence that the project, as re vised, w ould ha ve a significant ef fect on the environment. CEQA does not apply to the appro val of ministerial projects.
96 — 2 — AB 2011
75 AGENDA ITEM NO. 13.
The approval process established by this bill would be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill w ould pro vide that with re gard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 4.1 (commencing with Section line 2 65912.100) is added to Di vision 1 of Title 7 of the Government line 3 Code, to read:
line 4
line 5 Chapter 4.1. Affordable Housing and High Road Jobs line 6 Act of 2022
line 7
line 8 Article 1. General Provisions
line 9
line 10 65912.100. This chapter shall be kno wn and cited as the line 11 Affordable Housing and High Road Jobs Act of 2022. line 12 65912.101. For purposes of this chapter , the following terms line 13 have the following meanings:
line 14 (a) “Commercial corridor” means a highw ay, as defined in line 15 Section 360 of the Vehicle Code, that is not a freeway, as defined line 16 in Section 332 of the Vehicle Code, and that has a right-of-w ay, line 17 as defined in Section 525 of the Vehicle Code, of at least 70 and line 18 not greater than 150 feet.
line 19 (b) “Development proponent” means a developer who submits line 20 a housing development project application to a local government line 21 under the streamlined, ministerial review process pursuant to this line 22 chapter.
96 AB 2011 — 3 —
76 AGENDA ITEM NO. 13.
line 1 (c) “Health care e xpenditures” include contrib utions under line 2 Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and line 3 payments toward “medical care” as defined under Section 213(d)(1) line 4 of the Internal Revenue Code.
line 5 (d) “Industrial use” means utilities, manufacturing, transportation line 6 storage and maintenance f acilities, and w arehousing uses. line 7 “Industrial use” does not include po wer substations or utility line 8 conveyances such as power lines, broadband wires, and pipes. line 9 (e) “Local government” means a city, including a charter city, line 10 a county, including a charter county, or a city and county, including line 11 a charter city and county.
line 12 (f) “Major transit stop” has the same meaning as defined in line 13 subdivision (b) of Section 21155 of the Public Resources Code. line 14 (g) “Side street” means a highw ay, as defined in Section 360 line 15 of the Vehicle Code, that is not a free way, as defined in Section line 16 332 of the Vehicle Code, and that has a right-of-w ay, as defined line 17 in Section 525 of the Vehicle Code, of at least 25 and fe wer than line 18 70 feet.
line 19 (h) “Single-family property” means a property with a single line 20 residential dwelling unit. For purposes of this chapter, a residential line 21 dwelling unit does not include accessory dwelling units, as defined line 22 in Section 65852.2, or junior accessory dwelling units, as defined line 23 in Section 65852.22.
line 24 (i) “Specific plan” means a plan adopted pursuant to Article 8 line 25 (commencing with Section 65450) of Chapter 3.
line 26 (i)
line 27 (j) “Urban uses” means an y current or former residential, line 28 commercial, public institutional, transit or transportation passenger line 29 facility, or retail use, or any combination of those uses. line 30 65912.102. The department may re view, adopt, amend, and line 31 repeal guidelines to implement uniform standards or criteria that line 32 supplement or clarify the terms, references, or standards set forth line 33 in this chapter. Any guidelines or terms adopted pursuant to this line 34 section are not subject to Chapter 3.5 (commencing with Section line 35 11340) of Part 1 of Division 3 of Title 2 of the Government Code. line 36 65912.103. For purposes of establishing the total number of line 37 units in a development under this chapter, a development project line 38 includes both of the following:
line 39 (a) All projects developed on a site , regardless of when those line 40 developments occur.
96 — 4 — AB 2011
77 AGENDA ITEM NO. 13.
line 1 (b) All projects developed on sites adjacent to a site developed line 2 pursuant to this chapter if, after January 1, 2022, the adjacent site line 3 had been subdivided fr om the site de veloped pur suant to this line 4 chapter.
line 5
line 6 Article 2. Affordable Housing Developments in Commercial line 7 Zones
line 8
line 9 65912.110. Notwithstanding any inconsistent pro vision of a line 10 local government’s general plan, specific plan, zoning ordinance, line 11 or regulation, a housing development shall be a use by right within line 12 a zone where office, retail, or parking are a principally permitted line 13 use and shall be subject to streamlined, ministerial review pursuant line 14 to Section 65912.114 if the proposed housing development satisfies line 15 all of the requirements in Sections 65912.111, 65912.112, and line 16 65912.113.
line 17 65912.111. A development project shall not be subject to the line 18 streamlined, ministerial re view process pro vided by Section line 19 65912.114 unless the development is proposed to be located on a line 20 site that satisfies all of the following criteria:
line 21 (a) It is a legal parcel or parcels that meet either of the following:
line 22 (1) It is within a city where the city boundaries include some line 23 portion of either an urbanized area or urban cluster, as designated line 24 by the United States Census Bureau.
line 25 (2) It is in an unincorporated area, and the legal parcel or parcels line 26 are wholly within the boundaries of an urbanized area or urban line 27 cluster, as designated by the United States Census Bureau. line 28 (b) At least 75 percent of the perimeter of the site adjoins parcels line 29 that are de veloped with urban uses. F or purposes of this line 30 subdivision, parcels that are only separated by a street or highway line 31 shall be considered to be adjoined.
line 32 (c) It is not adjacent to an y site where more than two-thirds line 33 one-third of the square footage on the site is dedicated to industrial line 34 use.
line 35 (d) It satisfies the requirements specified in subparagraphs (B) line 36 to (K), inclusi ve, of paragraph (6) of subdi vision (a) of Section line 37 65913.4.
line 38 (e) It is not an e xisting parcel of land or site that is go verned line 39 under the Mobilehome Residency Law (Chapter 2.5 (commencing line 40 with Section 798) of Title 2 of P art 2 of Di vision 2 of the Ci vil 96 AB 2011 — 5 —
78 AGENDA ITEM NO. 13.
line 1 Code), the Recreational Vehicle Park Occupancy Law (Chapter line 2 2.6 (commencing with Section 799.20) of Title 2 of P art 2 of line 3 Division 2 of the Ci vil Code), the Mobilehome P arks Act (Part line 4 2.1 (commencing with Section 18200) of Division 13 of the Health line 5 and Safety Code), or the Special Occupanc y Parks Act (Part 2.3 line 6 (commencing with Section 18860) of Di vision 13 of the Health line 7 and Safety Code).
line 8 (f) For a site within a specific plan area, the site satisfies both line 9 of the following conditions:
line 10 (1) The specific plan applicable to the site was adopted on or line 11 before January 1, 2024, and a notice of pr eparation was issued line 12 before January 1, 2022, pursuant to the requirements of Sections line 13 21080.4 and 21092 of the Public Resources Code. line 14 (2) The specific plan applicable to the site allows r esidential line 15 use on the site.
line 16 65912.112. A development project shall not be subject to the line 17 streamlined, ministerial re view process pro vided by Section line 18 65912.114 unless the de velopment proposal meets all of the line 19 following affordability criteria:
line 20 (a) One hundred percent of the units within the de velopment line 21 project, excluding managers’ units, shall be dedicated to lo wer line 22 income households, as defined in Section 50079.5 of the Health line 23 and Safety Code, at an af fordable cost, as defined by Section line 24 50052.5, or an affordable rent set in an amount consistent with the line 25 rent limits established by the California Tax Credit Allocation line 26 Committee.
line 27 (b) The units shall be subject to a recorded deed restriction for line 28 a period of 55 years for rental units and 45 years for line 29 owner-occupied units.
line 30 65912.113. A development project shall not be subject to the line 31 streamlined, ministerial re view process pro vided by Section line 32 65912.114 unless the de velopment proposal meets all of the line 33 following objective development standards:
line 34 (a) The development shall be a multifamily housing project and line 35 at least 67 percent of the square footage of the ne w construction line 36 associated with the project shall be designated for residential use. line 37 (b) The residential density for the de velopment will meet or line 38 exceed the applicable density deemed appropriate to accommodate line 39 housing for lo wer income households in that jurisdiction as line 40 specified in paragraph (3) of subdivision (c) of Section 65583.2. 96 — 6 — AB 2011
79 AGENDA ITEM NO. 13.
line 1 (c) The development will meet the following objective zoning line 2 standards, objective subdivision standards, and objecti ve design line 3 review standards:
line 4 (1) The applicable standards shall be those for the zone that line 5 allows residential use at a greater density between the following:
line 6 (A) The existing zoning designation for the parcel. line 7 (B) The closest parcel that allo ws residential use at a density line 8 that meets the requirements of subdivision (b).
line 9 (2) The applicable standards shall be those in effect at the time line 10 that the development is submitted to the local government pursuant line 11 to this article.
line 12 (3) The applicable standards shall not preclude an y additional line 13 density or an y other concessions, incenti ves, or w aivers of line 14 development standards granted pursuant to the Density Bonus Law line 15 in Section 65915.
line 16 (d) For purposes of this section, “objecti ve zoning standards,” line 17 “objective subdivision standards,” and “objecti ve design re view line 18 standards” mean standards that involve no personal or subjective line 19 judgment by a public official and are uniformly v erifiable by line 20 reference to an e xternal and uniform benchmark or criterion line 21 available and kno wable by both the de velopment applicant or line 22 proponent and the public official before submittal. These standards line 23 may be embodied in alternative objective land use specifications line 24 adopted by a city or county, and may include, but are not limited line 25 to, housing o verlay zones, specific plans, inclusionary zoning line 26 ordinances, and density bonus ordinances, subject to the following:
line 27 (1) A development shall be deemed consistent with the objective line 28 zoning standards related to housing density , as applicable, if the line 29 density proposed is compliant with the maximum density allowed line 30 within that land use designation, notwithstanding an y specified line 31 maximum unit allocation that may result in fewer units of housing line 32 being permitted.
line 33 (2) In the event that objective zoning, general plan, subdivision, line 34 or design re view standards are mutually inconsistent, a line 35 development shall be deemed consistent with the objective zoning line 36 and subdi vision standards pursuant to this section if the line 37 development is consistent with the standards set forth in the general line 38 plan.
line 39 65912.114. (a) If the local go vernment determines that the line 40 proposed de velopment is in conflict with an y of the objecti ve 96 AB 2011 — 7 —
80 AGENDA ITEM NO. 13.
line 1 planning standards specified in this article, it shall pro vide the line 2 development proponent written documentation of which standard line 3 or standards the de velopment conflicts with, and an e xplanation line 4 for the reason or reasons the de velopment conflicts with that line 5 standard or standards, within the following timeframes:
line 6 (1) Within 60 days of submittal of the development proposal to line 7 the local go vernment if the de velopment contains 150 or fe wer line 8 housing units.
line 9 (2) Within 90 days of submittal of the development proposal to line 10 the local government if the development contains more than 150 line 11 housing units.
line 12 (b) If the local go vernment f ails to pro vide the required line 13 documentation pursuant to subdivision (a), the development shall line 14 be deemed to satisfy the required objective planning standards. line 15 (c) For purposes of this section, a de velopment is consistent line 16 with the objecti ve planning standards if there is substantial line 17 evidence that w ould allow a reasonable person to conclude that line 18 the development is consistent with the objective planning standards. line 19 (d) The determination of whether a proposed project submitted line 20 pursuant to this section is or is not in conflict with the objecti ve line 21 planning standards is not a “project” as defined in Section 21065 line 22 of the Public Resources Code.
line 23 (e) Design review of the development may be conducted by the line 24 local government’s planning commission or any equivalent board line 25 or commission responsible for review and approval of development line 26 projects, or the city council or board of supervisors, as appropriate. line 27 That design review shall be objecti ve and be strictly focused on line 28 assessing compliance with criteria required for streamlined, line 29 ministerial review of projects, as well as any reasonable objective line 30 design standards published and adopted by ordinance or resolution line 31 by a local jurisdiction before submittal of the development to the line 32 local government, and shall be broadly applicable to developments line 33 within the jurisdiction. That design review shall be completed as line 34 follows and shall not in an y way inhibit, chill, or preclude the line 35 ministerial appro val pro vided by this section or its ef fect, as line 36 applicable:
line 37 (1) Within 90 days of submittal of the development proposal to line 38 the local government pursuant to this section if the de velopment line 39 contains 150 or fewer housing units.
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81 AGENDA ITEM NO. 13.
line 1 (2) Within 180 days of submittal of the de velopment proposal line 2 to the local government pursuant to this section if the development line 3 contains more than 150 housing units.
line 4 (f) The local government shall ensure that the project satisfies line 5 the requirements specified in subdi vision (d) of Section 66300, line 6 regardless of whether the development is within or not within an line 7 affected city or within or not within an affected county. line 8 (g) If the de velopment is consistent with all objecti ve line 9 subdivision standards in the local subdi vision ordinance, an line 10 application for a subdivision pursuant to the Subdivision Map Act line 11 (Division 2 (commencing with Section 66410)) shall be e xempt line 12 from the requirements of the California En vironmental Quality line 13 Act (Division 13 (commencing with Section 21000) of the Public line 14 Resources Code).
line 15 (h) A local government’s approval of a de velopment pursuant line 16 to this section shall, notwithstanding any other law, be subject to line 17 the expiration timeframes specified in subdi vision (f) of Section line 18 65913.4.
line 19 (i) Any proposed modifications to a de velopment project line 20 approved pursuant to this section shall be undertaken pursuant to line 21 subdivision (g) of Section 65913.4.
line 22 (j) A local go vernment shall not adopt or impose an y line 23 requirement, including, b ut not limited to, increased fees or line 24 inclusionary housing requirements, that applies to a project solely line 25 or partially on the basis that the project is eligible to recei ve line 26 streamlined, ministerial review pursuant to this section. line 27 (k) A local government shall issue a subsequent permit required line 28 for a de velopment appro ved under this section pursuant to line 29 paragraph (2) of subdivision (h) of Section 65913.4. line 30 (l) A public impro vement that is necessary to implement a line 31 development that is appro ved pursuant to this section shall be line 32 undertaken pursuant to paragraph (3) of subdivision (h) of Section line 33 65913.4.
line 34
line 35 Article 3. Mixed-Income Housing Developments Along line 36 Commercial Corridors
line 37
line 38 65912.120. Notwithstanding any inconsistent pro vision of a line 39 local government’s general plan, specific plan, zoning ordinance, line 40 or regulation, a housing development shall be a use by right within 96 AB 2011 — 9 —
82 AGENDA ITEM NO. 13.
line 1 a zone where office, retail, or parking are a principally permitted line 2 use and shall be subject to streamlined, ministerial review pursuant line 3 to Section 65912.124 if the proposed housing development satisfies line 4 all of the requirements in Sections 65912.121, 65912.122, and line 5 65912.123.
line 6 65912.121. A development project shall not be subject to the line 7 streamlined, ministerial re view process pro vided by Section line 8 65912.124 unless the development project is on a site that satisfies line 9 all of the following criteria:
line 10 (a) It is located on a le gal parcel or parcels that meet either of line 11 the following:
line 12 (1) It is within a city where the city boundaries include some line 13 portion of either an urbanized area or urban cluster, as designated line 14 by the United States Census Bureau.
line 15 (2) It is in an unincorporated area, and the legal parcel or parcels line 16 are wholly within the boundaries of an urbanized area or urban line 17 cluster, as designated by the United States Census Bureau. line 18 (b) The project site abuts a commercial corridor. line 19 (c) The project site has a frontage along the commercial corridor line 20 of a minimum of 50 feet.
line 21 (d) The site is not greater than 20 acres.
line 22 (e) At least 75 percent of the perimeter of the site adjoins parcels line 23 that are de veloped with urban uses. F or purposes of this line 24 subdivision, parcels that are only separated by a street or highway line 25 shall be considered to be adjoined.
line 26 (f) It is not adjacent to an y site where more than tw o-thirds line 27 one-third of the square footage on the site is dedicated to industrial line 28 use.
line 29 (g) The parcel satisfies the requirements specified in line 30 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision line 31 (a) of Section 65913.4.
line 32 (h) The development is not located on a site where an y of the line 33 following apply:
line 34 (1) The de velopment w ould require the demolition of the line 35 following types of housing:
line 36 (A) Housing that is subject to a recorded covenant, ordinance, line 37 or la w that restricts rents to le vels af fordable to persons and line 38 families of moderate, low, or very low income.
line 39 (B) Housing that is subject to any form of rent or price control line 40 through a public entity’s valid exercise of its police power. 96 — 10 — AB 2011
83 AGENDA ITEM NO. 13.
line 1 (C) Housing that has been occupied by tenants within the past line 2 10 years, excluding any manager’s units.
line 3 (2) The site was previously used for housing that was occupied line 4 by tenants, e xcluding any manager’s units, that w as demolished line 5 within 10 years before the de velopment proponent submits an line 6 application under this article.
line 7 (3) The development would require the demolition of a historic line 8 structure that w as placed on a national, state, or local historic line 9 register.
line 10 (4) The property contains housing units that are occupied by line 11 tenants, and units at the property are, or were, subsequently offered line 12 for sale to the general public by the subdivider or subsequent owner line 13 of the property.
line 14 (i) The development shall not be upon an existing parcel of land line 15 or site that is go verned under the Mobilehome Residenc y Law line 16 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 line 17 of Division 2 of the Ci vil Code), the Recreational Vehicle Park line 18 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 19 of Title 2 of P art 2 of Di vision 2 of the Ci vil Code), the line 20 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) line 21 of Division 13 of the Health and Safety Code), or the Special line 22 Occupancy Parks Act (Part 2.3 (commencing with Section 18860) line 23 of Division 13 of the Health and Safety Code).
line 24 (j) For a site within a specific plan area, the site satisfies both line 25 of the following conditions:
line 26 (1) The specific plan applicable to the site was adopted on or line 27 before January 1, 2024, and a notice of pr eparation was issued line 28 before January 1, 2022, pursuant to the requirements of Sections line 29 21080.4 and 21092 of the Public Resources Code. line 30 (2) The specific plan applicable to the site allows r esidential line 31 use on the site.
line 32 65912.122. A development project shall not be subject to the line 33 streamlined, ministerial re view process pro vided by Section line 34 65912.124 unless the de velopment project meets all of the line 35 following affordability criteria:
line 36 (a) A rental housing de velopment shall ha ve a recorded deed line 37 restriction that ensures, at a minimum, that for a period of 55 years, line 38 15 percent of the units shall be set at an affordable rent, as defined line 39 in Section 50053 of the Health and Safety Code, to lower income 96 AB 2011 — 11 —
84 AGENDA ITEM NO. 13.
line 1 households, as defined in Section 50079.5 of the Health and Safety line 2 Code.
line 3 (b) An o wner-occupied housing de velopment shall ha ve a line 4 recorded deed restriction that ensures, at a minimum, either of the line 5 following affordability criteria for a period of 45 years:
line 6 (1) Thirty percent of the units must be offered at an affordable line 7 housing cost, as defined in Section 50052.5 of the Health and line 8 Safety Code, to moderate-income households, as defined in Section line 9 50093 of the Health and Safety Code.
line 10 (2) Fifteen percent of the units must be offered at an affordable line 11 housing cost, as defined in Section 50052.5 of the Health and line 12 Safety Code, to lo wer income households, as defined in Section line 13 50079.5 of the Health and Safety Code.
line 14 (c) If the amount of af fordable housing required by a local line 15 inclusionary housing ordinance exceeds that of this section, then line 16 the project shall abide by the local inclusionary housing ordinance. line 17 65912.123. A development project shall not be subject to the line 18 streamlined, ministerial re view process pro vided by Section line 19 65912.124 unless the de velopment project meets all of the line 20 following objective development standards:
line 21 (a) The development shall be a multifamily housing project and line 22 at least 67 percent of the square footage of the ne w construction line 23 associated with the project is designated for residential use. line 24 (b) The residential density for the de velopment shall be line 25 determined as follows:
line 26 (1) In a metropolitan jurisdiction, as determined pursuant to line 27 subdivisions (d) and (e) of Section 65853.2, the residential density line 28 for the de velopment shall meet or e xceed the greater of the line 29 following:
line 30 (A) The residential density allowed on the parcel by the local line 31 government.
line 32 (B) For sites of less than one acre in size, 30 units per acre. line 33 (B)
line 34 (C) For sites of one acr e in size or gr eater located on a line 35 commercial corridor of less than 100 feet in width, 40 units per line 36 acre.
line 37 (C)
line 38 (D) For sites of one acr e in size or gr eater located on a line 39 commercial corridor of 100 feet in width or greater , 60 units per line 40 acre.
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85 AGENDA ITEM NO. 13.
line 1 (D)
line 2 (E) Notwithstanding subparagraph (B) or (C), (C) or (D), for line 3 sites within one-half mile of a major transit stop, 80 units per acre. line 4 (2) In a jurisdiction that is not a metropolitan jurisdiction, as line 5 determined pursuant to subdivisions (d) and (e) of Section 65853.2, line 6 the residential density for the de velopment shall meet or e xceed line 7 the greater of the following:
line 8 (A) The residential density allowed on the parcel by the local line 9 government.
line 10 (B) For sites of less than one acre in size, 20 units per acre. line 11 (B)
line 12 (C) For sites of one acr e in size or gr eater located on a line 13 commercial corridor of less than 100 feet in width, 30 units per line 14 acre.
line 15 (C)
line 16 (D) For sites of one acr e in size or gr eater located on a line 17 commercial corridor of 100 feet in width or greater , 50 units per line 18 acre.
line 19 (D)
line 20 (E) Notwithstanding paragraphs (2) and (3), subparagraph (C) line 21 or (D), for sites within one-half mile of a major transit stop, 70 line 22 units per acre.
line 23 (c) The height limit applicable to the housing development shall line 24 be the greater of the following:
line 25 (1) The height allowed on the parcel by the local government. line 26 (2) For sites on a commercial corridor of less than 100 feet in line 27 width, 35 feet.
line 28 (3) For sites on a commercial corridor of 110 100 feet in width line 29 or greater, 45 feet.
line 30 (4) Notwithstanding paragraphs (2) and (3), for sites within line 31 one-half mile of a major transit stop, 65 feet. line 32 (d) The property meets the following setback standards:
line 33 (1) For the portion of the property that fronts a commercial line 34 corridor, the following shall occur:
line 35 (A) No setbacks shall be required.
line 36 (B) All parking must be set back at least 25 feet. line 37 (C) On the ground floor, the development must abut within 10 line 38 feet of the property line for at least 80 percent of the frontage. 96 AB 2011 — 13 —
86 AGENDA ITEM NO. 13.
line 1 (2) For the portion of the property that fronts a side street, the line 2 development must abut within 10 feet of the property line for at line 3 least 60 percent of the frontage.
line 4 (3) When the property line of a de velopment site ab uts a line 5 single-family property, the following shall occur:
line 6 (A) The ground floor of the de velopment project shall be set line 7 back at 10 feet from the single-f amily property . The amount line 8 required to be set back may be decreased by the local government. line 9 (B) Starting with the third floor of the property, each subsequent line 10 floor of the de velopment project shall be stepped back from the line 11 single-family property in an amount equal to fiv e feet multiplied line 12 by the floor number. For purposes of this paragraph, the ground line 13 floor counts as the first floor. The amount required to be stepped line 14 back may be decreased by the local government.
line 15 (4) When the property line of a de velopment site ab uts a line 16 property that is not a single-family property, starting with the third line 17 floor of the property , each subsequent floor of the de velopment line 18 project shall be stepped back from the other property in an amount line 19 equal to five feet multiplied by the floor number. For purposes of line 20 this paragraph, the ground floor counts as the first floor . The line 21 amount required to be stepped back may be decreased by the local line 22 government.
line 23 (e) No parking shall be required, e xcept that this article shall line 24 not reduce, eliminate, or preclude the enforcement of an y line 25 requirement imposed on a ne w multif amily residential or line 26 nonresidential development to pro vide bicycle parking, electric line 27 vehicle supply equipment installed parking spaces, or parking line 28 spaces that are accessible to persons with disabilities that w ould line 29 have otherwise applied to the de velopment if this article did not line 30 apply.
line 31 (f) Other objecti ve zoning standards, objecti ve subdi vision line 32 standards, and objective design review standards as follows:
line 33 (1) The applicable standards shall be those for the closest zone line 34 in the city, county, or city and county that allo ws residential use line 35 at the residential density determined pursuant to subdi vision (b). line 36 If no zone e xists that allo ws the residential density determined line 37 pursuant to subdivision (b), the applicable standards shall be those line 38 for the zone that allows the greatest density within the city, county, line 39 or city and county.
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87 AGENDA ITEM NO. 13.
line 1 (2) The applicable standards shall be those in effect at the time line 2 that the development is submitted to the local government pursuant line 3 to this article.
line 4 (3) The applicable standards shall not preclude an y additional line 5 density requirements or an y other concessions, incenti ves, or line 6 waivers of development standards granted pursuant to the Density line 7 Bonus Law in Section 65915.
line 8 (4) For purposes of this section, “objecti ve zoning standards,” line 9 “objective subdivision standards,” and “objecti ve design re view line 10 standards” mean standards that involve no personal or subjective line 11 judgment by a public official and are uniformly v erifiable by line 12 reference to an e xternal and uniform benchmark or criterion line 13 available and kno wable by both the de velopment applicant or line 14 proponent and the public official before submittal. These standards line 15 may be embodied in alternative objective land use specifications line 16 adopted by a city or county, and may include, but are not limited line 17 to, housing o verlay zones, specific plans, inclusionary zoning line 18 ordinances, and density bonus ordinances. In the e vent that line 19 objective zoning, general plan, subdi vision, or design re view line 20 standards are mutually inconsistent, a development shall be deemed line 21 consistent with the objecti ve zoning and subdi vision standards line 22 pursuant to this subdivision if the development is consistent with line 23 the standards set forth in the general plan.
line 24 65912.124. (a) If the local go vernment determines that the line 25 proposed housing de velopment is in conflict with an y of the line 26 objective planning standards specified in this article, it shall provide line 27 the de velopment proponent written documentation of which line 28 standard or standards the de velopment conflicts with, and an line 29 explanation for the reason or reasons the de velopment conflicts line 30 with that standard or standards, within the following timeframes:
line 31 (1) Within 60 days of submittal of the development proposal to line 32 the local go vernment if the de velopment contains 150 or fe wer line 33 housing units.
line 34 (2) Within 90 days of submittal of the development proposal to line 35 the local government if the development contains more than 150 line 36 housing units.
line 37 (b) If the local go vernment f ails to pro vide the required line 38 documentation pursuant to subdivision (a), the development shall line 39 be deemed to satisfy the required objective planning standards. 96 AB 2011 — 15 —
88 AGENDA ITEM NO. 13.
line 1 (c) For purposes of this section, a de velopment is consistent line 2 with the objecti ve planning standards if there is substantial line 3 evidence that w ould allow a reasonable person to conclude that line 4 the development is consistent with the objective planning standards. line 5 (d) The determination of whether a proposed project submitted line 6 pursuant to this section is or is not in conflict with the objecti ve line 7 planning standards is not a “project” as defined in Section 21065 line 8 of the Public Resources Code.
line 9 (e) Design review of the development may be conducted by the line 10 local government’s planning commission or any equivalent board line 11 or commission responsible for review and approval of development line 12 projects, or the city council or board of supervisors, as appropriate. line 13 That design review shall be objecti ve and be strictly focused on line 14 assessing compliance with criteria required for streamlined, line 15 ministerial review of projects, as well as any reasonable objective line 16 design standards published and adopted by ordinance or resolution line 17 by a local jurisdiction before submittal of the development to the line 18 local government, and shall be broadly applicable to developments line 19 within the jurisdiction. That design review shall be completed as line 20 follows and shall not in an y way inhibit, chill, or preclude the line 21 ministerial appro val pro vided by this section or its ef fect, as line 22 applicable:
line 23 (1) Within 90 days of submittal of the development proposal to line 24 the local government pursuant to this section if the de velopment line 25 contains 150 or fewer housing units.
line 26 (2) Within 180 days of submittal of the de velopment proposal line 27 to the local government pursuant to this section if the development line 28 contains more than 150 housing units.
line 29 (f) The local government shall ensure that the project satisfies line 30 the requirements specified in subdi vision (d) of Section 66300, line 31 regardless of whether the development is within or not within an line 32 affected city or within or not within an affected county. line 33 (g) If the de velopment is consistent with all objecti ve line 34 subdivision standards in the local subdi vision ordinance, an line 35 application for a subdivision pursuant to the Subdivision Map Act line 36 (Division 2 (commencing with Section 66410)) shall be e xempt line 37 from the requirements of the California En vironmental Quality line 38 Act (Division 13 (commencing with Section 21000) of the Public line 39 Resources Code).
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89 AGENDA ITEM NO. 13.
line 1 (h) A local government’s approval of a de velopment pursuant line 2 to this section shall, notwithstanding any other law, be subject to line 3 the expiration timeframes specified in subdi vision (f) of Section line 4 65913.4.
line 5 (i) Any proposed modifications to a de velopment project line 6 approved pursuant to this section shall be undertaken pursuant to line 7 subdivision (g) of Section 65913.4.
line 8 (j) A local go vernment shall not adopt or impose an y line 9 requirement, including, b ut not limited to, increased fees or line 10 inclusionary housing requirements, that applies to a project solely line 11 or partially on the basis that the project is eligible to recei ve line 12 streamlined, ministerial review pursuant to this section. line 13 (k) A local government shall issue a subsequent permit required line 14 for a de velopment appro ved under this section pursuant to line 15 paragraph (2) of subdivision (h) of Section 65913.4. line 16 (l) A public impro vement that is necessary to implement a line 17 development that is appro ved pursuant to this section shall be line 18 undertaken pursuant to paragraph (3) of subdivision (h) of Section line 19 65913.4.
line 20
line 21 Article 4. Labor Standards
line 22
line 23 65912.130. (a) A proponent of a A development project line 24 approved by a local government pursuant to Article 2 (commencing line 25 with Section 65912.110) or Article 3 (commencing with Section line 26 65912.120) shall require meet all of the following labor standards:
line 27 (a) The development proponent shall require in contracts with line 28 construction contractors, and shall certify to the local government, line 29 that the standards specified in this section will be met in project line 30 construction.
line 31 (b) A development that is not in its entirety a public w ork for line 32 purposes of Chapter 1 (commencing with Section 1720) of Part 7 line 33 of Di vision 2 of the Labor Code and appro ved by a local line 34 government pursuant to Article 2 (commencing with Section line 35 65912.110) or Article 3 (commencing with Section 65912.120) line 36 shall be subject to all of the following:
line 37 (1) All construction workers employed in the execution of the line 38 development shall be paid at least the general pre vailing rate of line 39 per diem w ages for the type of w ork and geographic area, as line 40 determined by the Director of Industrial Relations pursuant to 96 AB 2011 — 17 —
90 AGENDA ITEM NO. 13.
line 1 Sections 1773 and 1773.9 of the Labor Code, e xcept that line 2 apprentices registered in programs appro ved by the Chief of the line 3 Division of Apprenticeship Standards may be paid at least the line 4 applicable apprentice prevailing rate.
line 5 (2) The development proponent shall ensure that the prevailing line 6 wage requirement is included in all contracts for the performance line 7 of the work for those portions of the de velopment that are not a line 8 public work.
line 9 (3) All contractors and subcontractors for those portions of the line 10 development that are not a public work shall comply with both of line 11 the following:
line 12 (A) Pay to all construction workers employed in the execution line 13 of the work at least the general prevailing rate of per diem wages, line 14 except that apprentices re gistered in programs appro ved by the line 15 Chief of the Division of Apprenticeship Standards may be paid at line 16 least the applicable apprentice prevailing rate. line 17 (B) Maintain and v erify payroll records pursuant to Section line 18 1776 of the Labor Code and mak e those records a vailable for line 19 inspection and cop ying as pro vided in that section. This line 20 subparagraph does not apply if all contractors and subcontractors line 21 performing work on the development are subject to a project labor line 22 agreement that requires the payment of pre vailing wages to all line 23 construction workers employed in the execution of the development line 24 and pro vides for enforcement of that oblig ation through an line 25 arbitration procedure. For purposes of this subparagraph, “project line 26 labor agreement” has the same meaning as set forth in paragraph line 27 (1) of subdivision (b) of Section 2500 of the Public Contract Code. line 28 (c) (1) The obligation of the contractors and subcontractors to line 29 pay prevailing wages pursuant to this section may be enforced by line 30 the any of the following:
line 31 (A) The Labor Commissioner through the issuance of a ci vil line 32 wage and penalty assessment pursuant to Section 1741 of the Labor line 33 Code, which may be re viewed pursuant to Section 1742 of the line 34 Labor Code, within 18 months after the completion of the line 35 development.
line 36 (B) An underpaid worker through an administrative complaint line 37 or civil action.
line 38 (C) A joint labor-management committee through a civil action line 39 under Section 1771.2 of the Labor Code.
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91 AGENDA ITEM NO. 13.
line 1 (2) If a civil wage and penalty assessment is issued pursuant to line 2 this section, the contractor, subcontractor, and surety on a bond or line 3 bonds issued to secure the payment of w ages co vered by the line 4 assessment shall be liable for liquidated damages pursuant to line 5 Section 1742.1 of the Labor Code.
line 6 (3) This subdi vision does not apply if all contractors and line 7 subcontractors performing work on the de velopment are subject line 8 to a project labor agreement that requires the payment of prevailing line 9 wages to all construction w orkers employed in the e xecution of line 10 the development and provides for enforcement of that oblig ation line 11 through an arbitration procedure. For purposes of this subdivision, line 12 “project labor agreement” has the same meaning as set forth in line 13 paragraph (1) of subdi vision (b) of Section 2500 of the Public line 14 Contract Code.
line 15 (d) Notwithstanding subdivision (c) of Section 1773.1 of the line 16 Labor Code, the requirement that employer payments not reduce line 17 the obligation to pay the hourly straight time or o vertime wages line 18 found to be pre vailing does not apply to those portions of line 19 development that are not a public work if otherwise provided in a line 20 bona fide collective bargaining agreement covering the worker. line 21 (e) The requirement of this section to pay at least the general line 22 prevailing rate of per diem w ages does not preclude use of an line 23 alternative workweek schedule adopted pursuant to Section 511 line 24 or 514 of the Labor Code.
line 25 65912.131. (a) For In addition to the requirements of Section line 26 65912.130, a development of 50 or more housing units approved line 27 by a local go vernment pursuant to Article 2 (commencing with line 28 Section 65912.110) or Article 3 (commencing with Section line 29 65912.120), the development proponent 65912.120) shall require line 30 meet all of the following labor standards:
line 31 (a) The development proponent shall require in contracts with line 32 construction contractors and shall certify to the local government line 33 that each contractor of any tier who will employ construction craft line 34 employees or will let subcontracts for at least 1,000 hours shall line 35 satisfy the requirements in subdivisions (b) and (c). A construction line 36 contractor is deemed in compliance with subdivisions (b) and (c) line 37 if it is signatory to a v alid collective bargaining agreement that line 38 requires utilization of registered apprentices and expenditures on line 39 health care for employees and dependents.
96 AB 2011 — 19 —
92 AGENDA ITEM NO. 13.
line 1 (b) A contractor with construction craft employees shall either line 2 participate in an apprenticeship program approved by the State of line 3 California Di vision of Apprenticeship Standards pursuant to line 4 Section 3075 of the Labor Code, or request the dispatch of line 5 apprentices from a state-approved apprenticeship program under line 6 the terms and conditions set forth in Section 1777.5 of the Labor line 7 Code. A contractor without construction craft emplo yees shall line 8 show a contractual obligation that its subcontractors comply with line 9 this subdivision.
line 10 (c) Each contractor with construction craft emplo yees shall line 11 make health care e xpenditures for each emplo yee in an amount line 12 per hour w orked on the de velopment equivalent to at least the line 13 hourly pro rata cost of a Co vered California Platinum le vel plan line 14 for two 40-year old 40-year-old adults and tw o dependents 0 to line 15 14 years of age for the Covered California rating area in which the line 16 development is located. A contractor without construction craft line 17 employees shall sho w a contractual oblig ation that its line 18 subcontractors comply with this subdi vision. Qualifying line 19 expenditures shall be credited toward compliance with prevailing line 20 wage payment requirements set forth in Section 65912.102. line 21 (d) (1) The development proponent shall pro vide to the local line 22 government, on a monthly basis while its construction contracts line 23 on the development are being performed, a report demonstrating line 24 compliance with subdi visions (b) and (c). The reports shall be line 25 considered public records under the California Public Records Act line 26 (Division 10 (commencing with Section 7920.000) of Title 1), and line 27 shall be open to public inspection.
line 28 (2) A development proponent that fails to provide the monthly line 29 report shall be subject to a civil penalty for each month for which line 30 the report has not been pro vided, in the amount of 10 percent of line 31 the dollar value of construction work performed by that contractor line 32 on the development in the month in question, up to a maximum line 33 of ten thousand dollars ($10,000). Any contractor or subcontractor line 34 that fails to comply with subdivision (b) or (c) shall be subject to line 35 a civil penalty of tw o hundred dollars ($200) per day for each line 36 worker employed in contravention of subdivision (b) or (c). line 37 (3) Penalties may be assessed by the Labor Commissioner within line 38 18 months of completion of the development using the procedures line 39 for issuance of ci vil wage and penalty assessments specified in line 40 Section 1741 of the Labor Code, and may be re viewed pursuant 96 — 20 — AB 2011
93 AGENDA ITEM NO. 13.
line 1 to Section 1742 of the Labor Code. Penalties shall be deposited in line 2 the State Public Works Enforcement Fund established pursuant to line 3 Section 1771.3 of the Labor Code.
line 4 (e) Each construction contractor shall maintain and verify payroll line 5 records pursuant to Section 1776 of the Labor Code. Each line 6 construction contractor shall submit payroll records directly to the line 7 Labor Commissioner at least monthly in a format prescribed by line 8 the Labor Commissioner in accordance with subparagraph (A) of line 9 paragraph (3) of subdi vision (a) of Section 1771.4 of the Labor line 10 Code. The records shall include a statement of fringe benefits. line 11 Upon request by a joint labor-management cooperation committee line 12 established pursuant to the Federal Labor Management Cooperation line 13 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be pro vided line 14 pursuant to subdivision (e) of Section 1776 of the Labor Code. line 15 (f) All construction contractors shall report an y change in line 16 apprenticeship program participation or health care e xpenditures line 17 to the local government within 10 business days, and shall reflect line 18 those changes on the monthly report. The reports shall be line 19 considered public records pursuant to the California Public Records line 20 Act (Division 10 (commencing with Section 7920.000) of Title 1) line 21 and shall be open to public inspection.
line 22 (g) A joint labor-management cooperation committee established line 23 pursuant to the Federal Labor Management Cooperation Act of line 24 1978 (29 U.S.C. Sec. 175a) shall ha ve standing to sue a line 25 construction contractor for failure to make health care expenditures line 26 pursuant to subdi vision (c) in accordance with Section 218.7 or line 27 218.8 of the Labor Code.
line 28
line 29 Article 5. Severability
line 30
line 31 65912.140. The provisions of this chapter are severable. If any line 32 portion, section, subdivision, paragraph, clause, sentence, phrase, line 33 word, or application of this chapter is for an y reason held to be line 34 invalid by a decision of an y court of competent jurisdiction, that line 35 decision shall not affect the validity of the remaining portions of line 36 this chapter. The people of the State of California hereby declare line 37 that the y w ould ha ve adopted this chapter and each and e very line 38 portion, section, subdivision, paragraph, clause, sentence, phrase, line 39 word, and application not declared in valid or unconstitutional line 40 without re gard to whether an y other portion of this chapter or 96 AB 2011 — 21 —
94 AGENDA ITEM NO. 13.
line 1 application thereof w ould be subsequently declared in valid. In line 2 particular, the provisions of Section 65912.130 and the provisions line 3 of Section 65912.131 are distinct and severable from one another, line 4 and the pro visions of subdi vision (c) of Section 65912.131 line 5 concerning health care expenditure are distinct and severable from line 6 the remaining provisions of Article 4 (commencing with Section line 7 65912.131). If Section 65912.130 is held invalid, the requirements line 8 of Section 65912.131 shall stand alone and vice v ersa. If an y line 9 portion of Section 65912.131 is held in valid, the remaining line 10 provisions of this article shall continue in effect with the exception line 11 of subdivision (g) of Section 65912.131. this c hapter. However, line 12 Article 4 (commencing with Section 65912.130) is a material and line 13 integral part of this chapter and is not severable. If any provision line 14 of Article 4 (commencing with Section 65912.130) or its line 15 application, exclusive of those included in subdivision (c) of Section line 16 65912.131, is held in valid, this entir e chapter shall be null and line 17 void.
line 18 SEC. 2. No reimbursement is required by this act pursuant to line 19 Section 6 of Article XIIIB of the California Constitution for certain line 20 costs that may be incurred by a local agenc y or school district line 21 because, in that regard, this act creates a new crime or infraction, line 22 eliminates a crime or infraction, or changes the penalty for a crime line 23 or infraction, within the meaning of Section 17556 of the line 24 Government Code, or changes the definition of a crime within the line 25 meaning of Section 6 of Article XIII B of the California line 26 Constitution.
line 27 However, if the Commission on State Mandates determines that line 28 this act contains other costs mandated by the state, reimbursement line 29 to local agencies and school districts for those costs shall be made line 30 pursuant to Part 7 (commencing with Section 17500) of Division line 31 4 of Title 2 of the Government Code.
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95 AGENDA ITEM NO. 13.