December 12, 2022 - 1 - 6:20 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
December 12, 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 December 12, 2022 - 2 - 6:20 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 Bessinger
ROLL CALL
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.
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 Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
1. Administration - Approval - Minutes from the December 5, 2022, Council Meeting.
2. Finance – Receive and File – Status Report of Commun ity Facilities District 2004 -1 Revenues and Expenditures.
2 December 12, 2022 - 3 - 6:20 PM
3. Planning and Development Services - Approval – Res. 22-___, Final Map Tract 6208, located in the northwest area of Highland and Dakota Avenue s (KB Home South Bay Inc., a California Corporation (KB Home)).
4. Planning and Development Services - Approval – Res. 22 -___, Annexation of Proposed Tract 6208, located in the northwest area of Highlan d and Dakota Avenues to the Landscape Maintenance District No. 1 of the City of Clovis (KB Home South Bay Inc., a California Corporation (KB Home)).
5. Planning and Development Services - Approval – Final Acceptance for CIP 20 -10, Barstow Avenue Street Improvements.
COUNCIL ITEMS
6. Consider various actions related to the November 8, 2022, Clovis General Municipal Election for Clovis City Council and Measure B (Transient Occupancy Tax):
a. Consider Approval – Res. 22 -___, Declaring the results of the November 8, 2022, Clovis General Municipal Election for Clovis City Council and Measure B.
b. Oath of Office: Councilmembers Basgall, Bessinger, and Pearce
Staff: Karey Cha, City Clerk
Recommendation: Approve
RECESS FOR PHOTOS AND REFRESHMENTS
COUNCIL ITEMS
7. Consider various actions related to the City Council Reorganization:
a. Election of Mayor by City Council – Mayor Pro Tem Ashbeck
b. Election of Mayor Pro Tem by City Council – Mayor
c. Presentation of gavel to outgoing Mayor Flores – Mayor
d. Council Comments / Introductions by Mayor and Councilmembers
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.
ADJOURNMENT
3 December 12, 2022 - 4 - 6:20 PM
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:
Jan. 3, 2023 (Tue.) To be Cancelled
Jan. 9, 2023 (Mon.)
Jan. 17, 2023 (Tue.)
Feb. 6, 2023 (Mon.)
Feb. 13, 2023 (Mon.)
Feb. 21, 2023 (Tue.)
4 PRELIMINARY - SUBJECT TO APPROVAL
CLOVIS CITY COUNCIL MEETING
December 5, 2022 6:00 P.M. Council Chamber
Meeting called to order by Mayor Flores at 6:05
Flag Salute led by Councilmember Ashbeck
Roll Call: Present: Councilmembers Ashbeck, Bessinger, Mouanoutoua, Whalen Mayor Flores
CONSENT CALENDAR – 6:05
Motion by Councilmember Ashbeck, seconded by Councilmember Bessinger that the items on the Consent Calendar be approved. Motion carried by unanimous vote.
1. Administration - Approval - Minutes from the November 14, 2022, Council Meeting.
2. Finance – Receive and File – Investment Report for the Month of July 2022.
3. Finance – Receive and File – Treasurer’s Report for the Month of July 2022.
4. General Services - Approval - Waive Formal Bidding or Propos al Requirements and Authorize Lease of Copiers through Cooperative Purchase Contract between OMNIA Partners and Kyocera.
5. General Services – Approval – Waive the City’s Usual Purchasing Requirements and Authorize the Purchase of Eight (8) Ram Promaster Minibuses and Three (3) Class E 32’ Freightliner Buses for $2,074,048.63 Utilizing the CalACT Competitive Bid Award; and Approval – Res. 22 -140, Amending the 2022 -2023 Transit Budget by $349,048.63 in Previously Received State Transit Assistance Funds.
6. General Services – Approval – Waive the City’s Formal Purchasing Requirements and Authorize the Purchase of Remix by Via Route Planning Software for $88,000 for Five Years of Service; and Approval – Res. 22-141, Amending the 2022-2023 Transit Budget by $18,500 in Previously Received State Transit Assistance funds for the First Year of Service.
7. Planning and Development Services – Approval – Final Acceptance for CIP 22 -01 Rubberized Cape Seal 2022.
8. Planning and Development Services - Approval – Res. 22-142, Annexation of Miscellaneous Properties to the Landscape Maintenance District No. 1.
9. Public Utilities – Approval – Authorize the Purchase of Supervisory Control and Data Acquisition Human Machine Interface (SCADA HMI) Software from Inductive Automa tion, LLC for $52,081.60; and Approval – Waive Formal Proposal Procedures and Authorize the City Manager to Enter into an Agreement with TESCO Controls, Inc. to Integrate the new SCADA HMI Software for $279,315.
10. Public Utilities – Approval – Waive Formal Request for Proposal Procedures and Authorize the City Manager to Enter into an Agreement with Clean Energy Renewable Fuels, LLC, for Supply of Renewable Natural Gas for City Fleet Fueling and for Management of Natural Gas Fuel Revenue Credits.
11. Public Utilities – Approval – Authorize the Execution of a Real Property Purchase and Sale Agreement for the Property Located at 8761 E. Barstow Avenue, Clovis, CA from Darlene A.
Millhollin and Janet Stockton, Co -Trustees of the Darlene A. Millhollin Trust, in the Amount 5 AGENDA ITEM NO. 1.
PRELIMINARY - SUBJECT TO APPROVAL
of $3,403,000; and Approval – Authorize Staff to Develop an Agreement Memorializing a $1,701,500 Inter-Fund Loan from the Water Enterprise Fund to the Parks and Acquisition Developer Fund; and Approval – Res. 22-143, Amending the 2022 -2023 Water Enterprise and Water Developer Budgets to Allocate Funds in the Amount of $3,403,000 for Purchase of the Property.
12. Public Utilities – Approval – Authorize the Execution of a Real Property Purchase and Sale Agreement to Acquire Property Located at 1589/1599 Menlo Avenue, Clovis, CA from Janet Stockton in the Amount of $796,000; and Approval – Authorize the Execution of a Land Lease Agreement with Janet Stockton for Property Located at 1589/1599 Menlo Avenue, Clovis, CA; and Approval – Res. 22 -144, Amending the 2022 -2023 Water, Sewer, and Refuse Enterprise Budgets to Allocate $796,000 for Purchase of the Property.
PRESENTATION – 6:08
6:08 – ITEM 13 - PRESENTATION OF PROCLAMATION RECOGNIZING BETSY SANDOVAL FOR HER YEARS OF SERVICE TO THE CLOVIS UNIFIED SCHOOL DISTRICT BOARD.
COUNCIL ITEMS – 6:14
6:14 – ITEM 14 - CONSIDER APPROVAL – FIRST AMENDMENT TO C ITY MANAGER EMPLOYMENT AGREEMENT.
Motion for approval by Councilmember Whalen, seconded by Councilmember Ashbeck.
Motion carried by unanimous vote.
PRESENTATION – 6:16
6:16 – ITEM 1 5 - PRESENTATION OF PROC LAMATIONS TO MAYOR F LORES AND COUNCILMEMBER WHALEN BY MAYOR PRO TEM, LYNNE ASHBECK.
6:23 – ITEM 1 6 - PRESENTATION OF PLAQ UES TO MAYOR FLORES AND COUNCILMEMBER WHALEN BY MAYOR PRO TEM LYNNE ASHBECK.
6:34 – ITEM 1 7 - PRESENTATION OF BRON CO BILLY BRONZE STAT UES TO MAYOR FLORES AND COUNCILMEMBER WHALEN BY MAYOR PRO TEM LYNNE ASHBECK.
6:36 – ITEM 18 - PRESENTATION OF CITY OF CLOVIS STREET SIGNS TO MAYOR FLORES
AND COUNCILMEMBER WH ALEN BY PUBLIC UTILITIES DIRECTOR, SCOTT REDELFS.
COUNCIL ITEMS – 6:38
6:38 – ITEM 19 - COUNCIL COMMENTS.
6 AGENDA ITEM NO. 1.
PRELIMINARY - SUBJECT TO APPROVAL
ADJOURNED TO RECESS – 6:59
MEETING CALLED TO ORDER – 7:32
PUBLIC COMMENTS – 7:33
Mayor Flores adjourned the meeting of the Council to December 12, 2022
Meeting adjourned: 7:59 p.m.
______________________________ ________________________________ Mayor City Clerk
7 AGENDA ITEM NO. 1.
TO: Mayor and City Council
FROM: Finance Department
DATE: December 12, 2022
SUBJECT: Finance – Receive and File – Status Report of Community Facilities District 2004-1 Revenues and Expenditures.
ATTACHMENTS: None.
CONFLICT OF INTEREST
None.
RECOMMENDATION
That the Council receive and file the report on the status of the Community Facilities District 2004-1 Revenues and Expenditures.
EXECUTIVE SUMMARY
In March 2004, the Council approved the formation of Community Facilities District 2004 -1 (CFD), which provides funding for public safety operations in new growth areas generally located north of Herndon or east of Locan Avenues. During formation, t he Council directed staff to prepare an annual report indicating the amounts received from CFD tax revenues and expenditures applicable to the CFD area. The Council also directed that an independent citizens oversight committee (Committee) be established to review the revenues and expenditures of the CFD annually.
BACKGROUND
Fiscal year 2005-2006 was the first year the City received revenues from the levy of CFD taxes.
Any residential parcel located in the CFD with a building permit issued prior to May 1, would be subject to the CFD tax the following fiscal year, payable with their property tax bill.
There were 8,090 parcels assessed in 2021-2022, generating $2,188,000 in special taxes. The per-unit tax for 2021-2022 was $265.88 for single family units and $229.56 for multi-family units.
The revenue received is allocated between Police (67%) and Fire (33%) which goes into the Police and Fire department budgets as non -discretionary general fund revenue. The revenue received in 2021-2022 provides funding for approximately 7 Police Officers and 4 Fire Fighters.
8 AGENDA ITEM NO. 2.
Expenditures for public safety services associated with growth in the CFD area for 2021-2022 were $5,206,000. In 2021-2022, CFD tax revenue covered 42% of CFD area expenditures.
2021-2022 2020-2021 2019-2020 and prior
Expenditures $5,206,000 $4,167,000 $43,911,000
Revenues $2,188,000 $2,130,000 $12,733,000
The Council established the Committee for the purpose of reviewing revenue and expenditures associated with the CFD. The Committee consists of five members for a term of four (4) years without compensation and shall be appointed by the Mayor, subject to approval by the City Council. The committee includes one member of the real estate community, one member of the Building Industry Association, and three members who are landowners of residential properties within the CFD. Once appointed, the Committee reviews expenditures of the tax proceeds and determines that such expenditures are in accordance with the purpose and intent of the Community Facilities District Resolution of Intention approved by the Council and to report those findings to the Council.
The following current members were appointed at the January 14, 2019, Council meeting:
Laura Corey – Real Estate Community Representative
Mike Prandini – Building Industry Association Representative Denise Rivera – Property Owner
David Martin Connolly – Property Owner
Jonathan B. Holt – Property Owner
A separate staff report will be presented to the Council in the Spring of 2023 by the Committee, following a review of the public safety department budgets and findings relating to the use of the tax proceeds of the CFD for Police and Fire services.
FISCAL IMPACT
This report provides a status of the CFD revenue and expenditures attributable to the CFD. The report reflects that the CFD tax revenue is contributing approximately 42% of the total expenditures attributable to the public safety services provided in the CFD.
REASON FOR RECOMMENDATION
This annual status report is for information only and no action is required.
ACTIONS FOLLOWING APPROVAL
Staff will file the report and copies of the report will be made available to the Committee and any member of the public who requests a copy.
Prepared by: Ran Chan, Accountant
Reviewed by: City Manager AH
9 AGENDA ITEM NO. 2.
TO: Mayor and City Council
FROM: Planning and Development Services
DATE: December 12, 2022
SUBJECT: Planning and Development Services - Approval – Res. 22 -___, Final Map Tract 6208, located in the northwest area of Highland and Dakota Avenues (KB Home South Bay Inc., a California Corporation (KB Home)).
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 6208; and
2. Authorize the recording of the final map.
EXECUTIVE SUMMARY
The owner, KB Home South Bay Inc., a California Corporation (KB Home), 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 in the northwest area of Highland and Dakota Avenues. It contains approximately 10.05 acres and consists of 42 residential units, zoned R-1.
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.
10 AGENDA ITEM NO. 3.
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 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: Tiffany Ljuba-Silguero, Engineer II
Reviewed by: City Manager AH
11 AGENDA ITEM NO. 3.
RESOLUTION 22-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING FINAL SUBDIVISION MAP FOR TRACT NO. 6208
WHEREAS, a final map has been presented to the City Council of the City of Clovis for Tract 6208, 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 RESO LVED, that the City of Clovis that the City of Clovis by the City Council of the City of Clovis as follows:
1. The final map of Tract 6208, consisting of three (3) 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 $3,040,645.60.
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 subdivision, 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 $3,041,000.00 for guaranteeing specific performance of said agreement and fifty percent (50%) of the remaining improvements or the sum of $1,520,000.00 for payment of labor and materials furnished by contractors, subcontractors, labormen and materialmen in connection with the improvements required to be made or construc ted by said subdivider in conformity with said subdivision map or said agreement.
7. Subdivider shall furnish a bond in the sum of $304,100.00 being the amount determined by the City Council of the City as necessary for the guarantee and warranty of the wo rk 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.
12 AGENDA ITEM NO. 3.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 12, 2022, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: December 12, 2022
______________________________ ______________________________ Mayor City Clerk
13 AGENDA ITEM NO. 3.
Attachment 2
14 AGENDA ITEM NO. 3.
ATTACHMENT 3
Attachment 3
15 AGENDA ITEM NO. 3.
16 AGENDA ITEM NO. 3.
17 AGENDA ITEM NO. 3.
TO: Mayor and City Council
FROM: Planning and Development Services
DATE: December 12, 2022
SUBJECT: Planning and Development Services - Approval – Res. 22 -___, Annexation of Proposed Tract 6208, located in the northwest area of Highland and Dakota Avenues to the Landscape Maintenance District No. 1 of the City of Clovis (KB Home South Bay Inc., a California Corporation (KB Home)).
ATTACHMENTS: 1. Res. 22-___
CONFLICT OF INTEREST
None.
RECOMMENDATION
For the City Council to approve Res. 22 -___, which will annex proposed Tract 6208, located in the northwest area of Highland and Dakota Avenues to the Landscape Maintenance District (LMD) No. 1 of the City of Clovis.
EXECUTIVE SUMMARY
The owner, KB Home South Bay Inc., a California Corporation (KB Home), acting as the subdivider, has requested to be annexed to the LMD No. 1 of the City of Clovis as set forth by the Conditions of Approval for Tentative Tract 6208.
BACKGROUND
KB Home South Bay Inc., a California Corporation (KB Home), the developer of Tract 6208, 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 proposed for annexation have provided a written request and consent to annexation and have executed a covenant (petition) indicating acceptance of the annual assessment.
18 AGENDA ITEM NO. 4.
FISCAL IMPACT
This project will add landscaping to the LMD No. 1 of the City of Clovis shown as follows:
Tract 6208 Year to Date
LMD Landscaping added: 0.677 acres 11.535 acres
Resource needs added: 0.068 persons 1.154 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 6208 shall become a part of City of Clovis LMD No. 1 and will be assessed next year for maintenance costs.
Prepared by: Tiffany Ljuba-Silguero, Engineer II
Reviewed by: City Manager _____
19 AGENDA ITEM NO. 4.
RESOLUTION 22-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
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. 6208, 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 December 12, 2022, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: December 12, 2022
______________________________ ______________________________ Mayor City Clerk
Attachment 1
20 AGENDA ITEM NO. 4.
ATTACHMENT A
Legal Description
Lots 1 through 42, inclusive, of Tract Map 6208 recorded in Volume ______ of Plats at Pages ______ through ______, Fresno County Records.
21 AGENDA ITEM NO. 4.
TO: Mayor and City Council
FROM: Planning and Development Services
DATE: December 12, 2022
SUBJECT: Planning and Development Services - Approval – Final Acceptance for CIP 20-10, Barstow Avenue Street Improvements.
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 consisted of street improvements to Barstow Avenue from Minnewawa Avenue to Clovis Avenue. The work included grinding existing pavement; asphalt concrete paving; installing ADA concrete improvements; adjusting of existing manholes, water valves, u tility boxes, and vaults to finish grade; replacement of existing traffic signal loops, existing traffic markings and signs according to current MUTCD standards; and modifications to the existing traffic signal controller cabinet.
BACKGROUND
Bids were received on April 12, 2022, and the project was awarded by City Council to the low bidder, Dave Christian Construction Company, Inc. on May 2, 2022. The project was completed in accordance with the construction documents.
22 AGENDA ITEM NO. 5.
FISCAL IMPACT
1. Award $536,749.00
2. Cost increases/decreases resulting from differences ($ 28,147.55) between estimated quantities used for award and
actual quantities installed.
3. Contract Change Orders $2,774.10
Final Contract Cost $511,375.55
This project was approved in the Community Investment Program 2021-2022 fiscal year budget and is funded by Surface Transportation Block Grant (STBG) funding.
REASON FOR RECOMMENDATION
The Public Utilities Department, the City Engineer, the engineering inspector, and the 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, Dave Christian Construction Company, Inc. requested final acceptance.
ACTIONS FOLLOWING APPROVAL
1. The notice of completion will be recorded; and
2. All retention funds will be released pursuant to Federal requirements and the Prompt Payment of Funds Withheld to Subcontractors clause of the Local Assistance Procedures Manual.
Prepared by: Tatiana Partain, Management Analyst
Reviewed by: City Manager AH
23 AGENDA ITEM NO. 5.
Attachment 1
24 AGENDA ITEM NO. 5.
TO: Mayor and City Council
FROM: City Clerk
DATE: December 12, 2022
SUBJECT: Consider various actions related to the November 8, 2022, Clovis General Municipal Election for Clovis City Council and Measure B (Transient Occupancy Tax):
a. Consider Approval – Res. 22 -___, Declaring the results of the November 8, 2022, Clovis General Municipal Election for Clovis City Council and Measure B.
b. Oath of Office: Councilmembers Basgall, Bessinger, and Pearce Staff: Karey Cha, City Clerk
Recommendation: Approve
ATTACHMENTS: 1. Res. 22-___
CONFLICT OF INTEREST
None.
RECOMMENDATION
For the City Council to approve Resolution 2 2-___, Declaring the results of the November 8, 2022, Clovis General Municipal Election for Clovis City Council and Measure B.
EXECUTIVE SUMMARY
As previously requested by the City Council, the City of Clovis municipal election was consolidated with the statewide general election and the Fr esno County Clerk/Registrar of Voters conducted the consolidated election including the municipal election. The municipal election included the election of three City Council members and Measure B, a proposed 2.0% increase to the City’s Transient Occupancy Tax. The official canvass of ballots cast for the November 8, 2022 , Consolidated Statewide General Election , including the City’s municipal election, has been completed by the Fresno County Clerk/Registrar of Voters in accordance with applicable provisions of the California Elections Code.
25 AGENDA ITEM NO. 6.
Attached for Council's review is a copy of the Fresno County Clerk/Registrar of Voters Statement of Votes Cast certifying the results of the canvass, and the certification from the City Clerk as required by Elections Code Section 10262.
FISCAL IMPACT
None.
REASON FOR RECOMMENDATION
The Council is required by Elections Code Section 10263 to declare the results of the election before the new Councilmembers can be sworn into office.
ACTIONS FOLLOWING APPROVAL
After the resolution is approved, the City Clerk will administer the Oath of Office to the newly elected Councilmembers.
Prepared by: Karey Cha, City Clerk
Reviewed by: City Manager JH
26 AGENDA ITEM NO. 6.
ATTACHMENT 1
RESOLUTION 22-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS DECLARING THE
RESULTS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF CLOVIS ON NOVEMBER 8, 2022
WHEREAS, the City of Clovis municipal election was consolidated with the Statewide General Election held and conducted in the City of Clovis, on Tuesday, November 8, 2022, as required and prescribed by law, for the purpose of the voters electing three (3) members of the City Council for the term of four (4) years (December 2022 – November 2026) and for the voters to consider a proposed increase to the City’s Transient Occupancy Tax from 10 percent (10%) to 12 percent (12%); and
WHEREAS, it appears to the satisfaction of the City Council of the City of Clovis that notice of the holding of said election was duly and legally given for the time and in the manner prescribed by law, that the voting precincts were properly established, that the election officers were appointed and election supplies furnished, and that in all respects, said election was held and conducted, and the votes cast have been received and canvassed, and the returns thereof made and declared in the time, form, and manner as required by applicable provisions of the Elections Code of the State of California; and
WHEREAS, the Council of the City of Clovis met in the Council Chamber of the Clovis Civic Center, 1033 Fifth Street, in the City of Clovis on Monday, December 12, 2022, at the hour of 6:00 P.M., to examine the Statement of Votes Cast at said election as certified by the Fresno County Clerk/Registrar of Voters and provided to the City Clerk as the City’s election official, declare the results of said election, and install the newly elected officers in accordance with applicable provisions of the Elections Code of the State of California. Said County Clerk/Registrar of Voters having canvassed said returns in the form and manner required by law, and having certified the results of the canvass of the election returns to the City Clerk, and the City Clerk having certified the results to the City Council as required by Elections Code Section 10262(b), and said results are received, attached, and made a part hereof as Attachment A, the Council finds that the whole number of votes cast, results, and all other matters required by law, to be as hereinafter stated.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Clovis, as follows:
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SECTION 1: That said election was held and conducted in the City of Clovis on Tuesday, the 8th day of November 2022, in the time, form and manner required by law.
SECTION 2: That there were a total of 25 voting precincts, consisting of consolidations of the regular election precincts of the City of Clovis, established for the holding of state, county, and municipal elections.
SECTION 3: That the total number of ballots cast in said City at said election is 39,029, the names of the persons voted for and the whole number of votes received is as shown in Attachment A, and the results as shown in Attachment A are hereby approved.
SECTION 4: That at said election, three persons, Drew Bessinger, Diane Pearce, and Matt Basgall were elected Council Members for a term of four (4) years through November 2026.
SECTION 5: A Certificate of Election shall be executed and delivered to each person so elected. The City Clerk shall administer, to each person so elected Council Member, the oath of office prescribed in the State Constitution, and have each of them subscribe thereto, whereupon they shall be inducted into the respective offices to which they have been elected.
SECTION 6: The measure voted upon at said election was as follows:
MEASURE B – CITY OF CLOVIS PUBLIC SAFETY IMPROVEMENT MEASURE:
“Shall the measure to maintain and improve public safety services including emergency response times, police protection, neighborhood services, anti-gang and antidrug programs, and provide other City services be adopted to increase the Transient Occupancy Tax (hotel bed tax paid 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?”
SECTION 7: The number of votes given at each precinct, and the number of votes given in the City for and against Measure B are listed in the Statement attached as Attachment A.
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SECTION 8: The City Council declares and determines that a majority of the voters voting on Measure B did vote in favor of the measure, and that the measure was successful.
SECTION 9: In accordance with Elections Code section 10264, the City Clerk shall enter on to the records of the City of Clovis the Statement of the results of the election attached hereto as Attachment A, showing: (a) the whole number of votes cast in the City; (b) the measure voted upon; (c) the number of votes given at each precinct for and against the measure; and (d) the number of votes given in the City for and against the measure.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 12, 2022, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
______________________________ ______________________________ Mayor City Clerk
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