Agenda packet — Clovis City Council, May 1, 2023

May 01, 2023 - 1 - 5:30 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
May 1, 2023 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). Notification 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 accessed 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 May 01, 2023 - 2 - 5:30 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 and mic 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 will 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 wanting to make a verbal comment via call will need to ensure that they accessed the WebEx meeting with audio and microphone transmission capabilities.

CALL TO ORDER
FLAG SALUTE - Councilmember Mouanoutoua

ROLL CALL

PRESENTATIONS/PROCLAMATIONS

1. Presentation of Proclamation declaring May 2023, as Older Americans Month.

2. Update on the 2023 Trail Fest to be held on May 6, 2023.

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 May 01, 2023 - 3 - 5:30 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 Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.

3. Administration - Approval - Minutes from the April 10, 2023, and April 14, 2023, Council Meetings.

4. Administration – Approval – Award the Request for Proposals to Zones for the purchase of twenty (20) Mobile Data Computers in the amount of $97,710.00 plus tax.

5. General Services – Approval – Res. 23-___, Authorizing the Execution of the Certificates of Assurances for the Low Carbon Transit Operations Program (LCTOP), and Submittal of Two (2) Projects for Fiscal Year 2022-2023.

6. Planning and Development Services – Approval – Final Acceptance for CIP 21-06 Modular Training Facility.

7. Planning and Development Services – Approval – Final Acceptance for CIP 18-12 Fire Station 6.

8. Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6349, located east of Locan Avenue, between Barstow Avenue and Shaw Avenue (DYP 6260, LP (De Young Properties)).

9. Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6328, located at the northwest corner of Shepherd and Clovis Avenues (6050 Enterprises, LP (Wilson Homes)).

10. Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6273, located at the northwest corner of Ashlan Avenue and Armstrong Avenue (Joseph Crown Construction and Development, Inc.)

11. Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6225, located at the northeast corner of Ashlan Avenue and Locan Avenue (Wilson Premier Homes, Inc.). Councilmember Vong Mouanoutoua has a conflict of interest on this item.

12. Public Utilities – Approval – Preliminary Engineer’s Report; and Approval – Res. 23- ___, a Resolution Declaring the City’s Intention to Levy and Collect the Annual Assessments for Landscape Maintenance District No. 1.

COUNCIL ITEMS

13. Consider Approval – Appointments to Personnel Commission and Planning Commission.

Staff: Councilmember Bessinger
Recommendation: Approve
3 May 01, 2023 - 4 - 5:30 PM
ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.

14. Consider Approval – Res. 23-___, A Resolution Declaring the Intention to levy and collect assessments for Fiscal Year 2023-24, Authorizing the City of Clovis Engineering Department to conduct a property owner Proposition 218 proceeding, Approving the Fiscal Year 2023-24 Preliminary Engineer’s Report, and setting a Public Hearing for June 19, 2023, or at such time thereafter for Area 1 of Benefit Assessment District No. 95-1 (Blackhorse Estates)
Staff: Sean Smith, Supervising Civil Engineer
Recommendation: Approve

15. Consider Denial – A request to allow backyard chickens in the City of Clovis.

Staff: George Rodriguez, Police Services Manager
Recommendation: Deny
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.

16. Consider items associated with the Annual Military Equipment Report. a. Annual Review of Ordinance 22-03, Clovis Police Department Policy 706, and the 2023 Annual Military Equipment Report.
b. Approval - Res. 23-___, Renewing Ordinance 22-03 and Clovis Police Department Policy 706.

Staff: Curt Fleming, Chief of Police / Craig Aranas, Police Lieutenant Recommendation: Approve

17. Consider various items associated with approximately 1.04 acres of land located on the north side of Alluvial Avenue, between Sunnyside and Fordham Avenues. Stallion Development and Construction – Arman Zakaryan, owner/applicant; Dan Zack, representative.
a. Consider vacating the denial of GPA2022-001 from the March 6, 2023, Council meeting with a vote of 3-1-1 where Councilmember Mouanoutoua voted against the denial and where Councilmember Pierce was absent.
b. Reconsider Approval - Res. 23-___, GPA2022-001, A request to amend the General Plan to re-designate the subject property from the Low Density Residential (2.1-4.0 DU/Ac) classification to the Medium High (7.1-15.0 DU/Ac) classification. 4 May 01, 2023 - 5 - 5:30 PM
c. Reconsider Introduction - Ord. 23-___, R2022-001, A request to rezone the subject property from the R-1-7500 (Single-family Residential, 7,500 sf) Zone District to the R2 (Multifamily Medium-High Density Residential) Zone District.

Staff: Lily Cha, AICP, Senior Planner
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 related to personnel and real estate transactions.

18. Government Code Section 54956.9(d)(1)
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Case Name: Desiree Martinez v. City of Clovis, et al., Case No. F082914

ADJOURNMENT

FUTURE MEETINGS
Regular City Council Meetings are held at 6:00 P.M. in the Council Chamber. The following are future meeting dates:

May 8, 2023 (Mon.)
May 15, 2023 (Mon.)
June 5, 2023 (Mon.)
June 12, 2023 (Mon.)
June 19, 2023 (Mon.)
5 6
AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

Page 1 of 3 ends

CLOVIS CITY COUNCIL MEETING
April 10, 2023 6:00 P.M. Council Chamber
Meeting called to order by Mayor Ashbeck
Flag Salute led by Councilmember Basgall
Roll Call: Present: Councilmembers Basgall, Bessinger, Mouanoutoua, Pearce Mayor Ashbeck
PRESENTATION – 6:02
6:02 ITEM 1 -PRESENTATION BY EXECUTIVE DIRECTOR OF YOUTH VOICE IMPACT, INC.

YASMINE CREESE-BROWN ON THE YOUTH EMPOWERED AFFORDABLE HOUSING SUMMIT TO BE HELD AT CALIFORNIA STATE UNIVERSITY FRESNO ON APRIL 21 / 22, 2023.

PUBLIC COMMENTS – 6:06
Don Watnick, resident, requested for the City Council to consider placing crosswalks near the Clovis Veterans Memorial District building on Fourth Street and Veterans Parkway.

CONSENT CALENDAR – 6:09
Motion by Councilmember Bessinger, seconded by Councilmember Mouanoutoua, that the items on the Consent Calendar be approved. Motion carried by unanimous vote.

2. Administration - Approved - Minutes from the April 3, 2023, Council Meeting.

3. Finance – Received and Filed – Investment Report for the Month of November 2022.

4. Finance – Received and Filed – Treasurer’s Report for the Month of November 2022.

5. General Services – Approved – Res. 23-25, Amending the City’s FY 2022-2023 Position Allocation Plan by adding five (5) full time Utility Worker positions to convert five (5) extra help budgeted Utility Workers within the Public Utilities Department.

6. General Services – Approved – Res. 23-26, Authorizing the City Manager to Execute and File Applications, Certifications and Assurances, and Grant and Cooperative Agreements with the Federal Transit Administration.

7. Planning and Development Services – Approved – Final Acceptance for CIP 15-13, Landfill Left Turn Lane.

8. Public Utilities – Approved – Waive Formal Bidding Requirements and Authorize the Purchase of a 2024 Ford F750 Super Duty Truck from Future Ford of Clovis in the amount of $97,268.98.

ADMINISTRATIVE ITEMS – 6:10
6:10 ITEM 10 - CONSIDERED – A REQUEST FROM THE CLOVIS UNIFIED SCHOOL

DISTRICT BOARD FOR THE CITY OF CLOVIS TO TEMPORARILY PROVIDE WATER 7 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 2 of 3 ends

AND SEWER SERVICES TO THE FUTURE TERRY BRADLEY EDUCATIONAL CENTER,

LOCATED BETWEEN LEONARD AND HIGHLAND AVENUES NORTH OF MCKINLEY

AVENUE, IN UNINCORPORATED FRESNO COUNTY AND WITHIN THE CITY OF FRESNO’S SPHERE OF INFLUENCE.

Denver Stairs, CUSD Representative, commented on the planning process of the Terry Bradley Educational Center and provided that CUSD is no longer requesting for water services from the City of Clovis as they will be working with the City of Fresno for a water connection. If CUSD is not able to receive water from the City of Fresno, they will move forward with putting in their own onsite wells. However, CUSD is still requesting for sewer services from the City of Clovis.

Jeff Harris, Wilson Homes Representative, spoke in support of CUSD developing the Terry Bradley Educational Center but shared concerns regarding specifications and the term of the agreement with the City of Fresno which could have possible impacts to future planning of development.

Mike Prandini, Business Industry Association Representative, spoke in support of CUSD developing the Terry Bradley Educational Center but shared concerns regarding working with the City of Fresno due to Fresno’s delayed efforts to develop the subject area which would provide students to the Terry Bradley Center.

It was the consensus of the City Council to direct staff to move forward and begin the analysis of a sewer connection and determine recommended charges and fees. In addition, work with CUSD on an agreement between the required parties. 6:58 ITEM 9 - RECEIVED AND FILED – WATER AND SEWER MAJOR FACILITIES WORKSHOP.

Jeff Harris, Wilson Homes Representative, commented on the City Council’s policy regarding water and sewer strategies over the years and suggested that the City consider focusing on multiple development areas and not wait out the development of a single area at a time.

Dirk Poeschel, Land Use Consultant, recommended for the City to consider creative solutions to develop the northeast area as it will be an area which will generate a significant number of jobs.

Yohanes M., asked City staff to further elaborate on how the enterprise fund is being used other than for operations and maintenance, and what is the City’s policy for using the enterprise fund for capital projects.

COUNCIL ITEMS – 8:33
8:33 ITEM 11 - APPROVED – CHANGE OF COUNCIL MEETING SCHEDULE. 8 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 3 of 3 ends

Brandon De Young, De Young Properties Representative, requested for the City to include De Young Properties in workshops as they are not a part of the Business Association Industry and have not been notified of the workshops.

Motion for approval by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried by unanimous vote.
8:36 ITEM 12 - APPROVED – TO SUBMIT A LETTER OF OPPOSITION FOR ASSEMBLY BILL 595– ESSAYLI - ANIMAL SHELTERS: 72-HOUR PUBLIC NOTICE: EUTHANASIA:

STUDY.

Motion for approval by Councilmember Bessinger, seconded by Councilmember Basgall.

Motion carried by unanimous vote.

CITY MANAGER COMMENTS – 8:42
COUNCIL COMMENTS – 8:42
CLOSED SESSION – 8:43
ITEM 13 - GOVERNMENT CODE SECTION 54956.9(D)(4) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION DECIDING WHETHER TO INITIATE

LITIGATION ONE POTENTIAL CASE
ITEM 14 - GOVERNMENT CODE SECTION 54956.9(D)(1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION CASE NAME: DESIREE MARTINEZ V. CITY OF CLOVIS, ET AL., CASE NO. F082914
No action was taken by the City Council during the closed session.

Mayor Ashbeck adjourned the meeting of the Council to April 14, 2023 Meeting adjourned: 9:55 p.m.
______________________________ ________________________________ Mayor City Clerk
9 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 1 of 2 ends

CLOVIS CITY COUNCIL SPECIAL MEETING
April 14, 2023 8:00 A.M. Clovis Police and Fire Headquarters, EOC Meeting called to order by Mayor Ashbeck at 8:30
Flag Salute led by Councilmember Bessinger
Roll Call: Present: Councilmembers Basgall, Bessinger, Mouanoutoua, Pearce Mayor Ashbeck
John Holt, City Manager
Andrew Haussler, Assistant City Manager
Scott Cross, City Attorney
Karey Cha, City Clerk
Chad McCollum, Economic Development, Housing &
Communications Director
Jay Schengel, Finance Director
John Binaski, Fire Chief
Shonna Halterman, General Services Director
Renee Mathis, Planning & Development Services Director
Curt Fleming, Police Chief
Scott Redelfs, Public Utilities Director
PUBLIC COMMENTS – 8:30
None.

ADMINISTRATIVE ITEMS – 8:30
8:30 ITEM 1 - Workshop – FOR THE CITY COUNCIL TO CONDUCT A WORKSHOP TO

REVIEW THE CITY'S CURRENT VISION, MISSION AND GOALS IN PREPARATION FOR UPDATING THE CITY'S STRATEGIC PLAN.

The City Council and City staff discussed assumptions, challenges, and opportunities to consider as the City’s vision, mission, and goals are updated. The trending topics that were discussed included: workforce challenges, housing challenges, growth and development, local control, funding, City services, communication and access to information, and civic education and engagement. The next steps will be for the departments to review and update the City’s priority goals and get public input by hosting a Facebook Live and/or disseminating surveys.

Jeff Harris, Wilson Homes Representative, commented on the housing challenges in Clovis and recommended that the City consider establishing committees to help address various issues. Additionally, he recommended that the City consider implementing signage to the existing neighborhoods that have been branded, such as Helm Ranch/Harlan Ranch, that they are a Clovis community. This may also potentially help establish neighborhood groups that can be appointed to speak on behalf of their neighborhoods. These groups may be 10 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 2 of 2 ends

tasked by the City Council to bring the issues within their neighborhoods to the Council.

This will provide residents with an opportunity for civic engagement, foster a sense of belonging, and potentially serve public safety.

Mayor Ashbeck adjourned the meeting to a break at 9:50 a.m.

Mayor Ashbeck called the meeting to order at 10:00 a.m.

Councilmember Basgall left the meeting at 11:03 a.m.

Mayor Ashbeck adjourned the meeting of the Council to May 1, 2023.

Meeting adjourned: 11:30 a.m.
______________________________ ________________________________ Mayor City Clerk
11 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: Administration
DATE: May 1, 2023
SUBJECT: Administration – Approval – Award the Request for Proposals to Zones for the purchase of twenty (20) Mobile Data Computers in the amount of $97,710.00 plus tax.

ATTACHMENTS: None

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent (developer, applicant, agent, and/or participants) since January 1, 2023 (Government Code 84308).

RECOMMENDATION
For the City Council to Award the Request for Proposals to Zones for the purchase of twenty (20) Mobile Data Computers in the amount of $97,710.00 plus tax.

EXECUTIVE SUMMARY
Included in the 2022-2023 Budget are funds to purchase replacement Mobile Data Computers (MDCs). The MDCs are to provide connectivity with various applications used to provide needed information and to increase efficiencies to perform their jobs in the field.

Staff conducted a Request for Proposals (RFP) from vendors using the City’s online bidding system in March 2023 and received fourteen responses. Zones submitted the lowest priced and complete proposal.

BACKGROUND
Every police vehicle is outfitted with Mobile Data Computers (MDC) to receive and send information on calls assigned to the officer.

In an effort to better serve the public by keeping officers on the street doing their duties, all MDCs are being standardized to a laptop configuration. This is consistent with what other public safety agencies across the nation have adopted. Utilizing laptop computers have helped achieve the following benefits:
12 AGENDA ITEM NO. 4.
 Reduced amount of down time.
 Easier to exchange laptops from one vehicle to the next.  Repair costs have been greatly reduced.
 Reduced cost of deployment.
 Allowed for consistent environmental conditions for computers.

Staff requested proposals from vendors using the City’s online bidding system on March 9, 2023.

The vendors were to provide pricing for the twenty (20) MDCs, keyboards/docks, a five-year warranty and shipping.

There were 364 vendors notified. Staff received fourteen (14) responses including three that were incomplete. The pricing comparison, before tax, for the eleven (11) complete proposals is as follows:

Vendor Total
Zones, Inc. $97,710.00
Ingram Technologies LLC $99,100.00
Lehr Auto Electric $99,663.60
Southland Technology, Inc $99,990.00
COA Associates LLC $104,018.80
Insight Public Sector $107,136.40
Hypertec USA Inc. $109,375.00
Tech Service Solutions LLC $113,391.00
Iron Bow $115,048.40
DataGear Inc. $116,637.40
Howard Industries Inc. $126,720.00
Based on the above comparison, staff is recommending the purchase the Panasonic Toughbook laptops from Zones, Inc. for an amount of $97,710.00 plus tax. Zones submitted the lowest priced responsible proposal.

FISCAL IMPACT
There are sufficient funds allocated in the Information Technology Division budget for the purchase of these Panasonic Toughbook laptops.

REASON FOR RECOMMENDATION
The City has standardized on Panasonic Laptops for vehicles as they have proven to be very reliable and able to stand up to the rigors of the mobile work environment.

ACTIONS FOLLOWING APPROVAL
Staff will purchase the budgeted Panasonic Laptops. As the Laptops arrive, they will be setup and installed in the vehicles for immediate use.

Prepared by: Jesse Velez, IT Deputy Director
Reviewed by: City Manager AH
13 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: General Services Department
DATE: May 1, 2023
SUBJECT: General Services – Approval – Res. 23-___, Authorizing the Execution of the Certificates of Assurances for the Low Carbon Transit Operations Program (LCTOP), and Submittal of Two (2) Projects for Fiscal Year 2022-2023.

ATTACHMENTS: 1. Resolution 23-___

RECOMMENDATION
For the City Council to approve a resolution authorizing the execution of the Certificates of Assurance for the Low Carbon Transit Operations Program (LCTOP), and submittal of two (2) projects for fiscal year 2022-2023.

EXECUTIVE SUMMARY
The City of Clovis is eligible for annual allocations of Low Carbon Transit Operations Program (LCTOP) funds effective FY 2014-2015. At least 50% of the funds must be spent in a manner which provides a direct, meaningful, and assured benefit to the designated disadvantaged areas.

According to the California Air Resources Board CalEnviroScreen Tool, the disadvantaged areas in the City of Clovis are bordered by Gettysburg Avenue, Winery Avenue, Bullard Avenue, Villa Avenue, Herndon Avenue, and Clovis Avenue.

Caltrans administers the LCTOP project funding and requires City Council approval of the Certifications and Assurances document (Attachment 1A). The document lists the application, reporting requirements, and authorizes the General Services Manager to oversee the grant for the City of Clovis.

In addition, Caltrans requires approval of the application of the FY 2022-2023 projects. This year’s projected allocation of $340,763 will be applied to two (2) projects. The first project is for 14 AGENDA ITEM NO. 5.
the final year of a multiple-year cumulative allocation to purchase a battery-electric bus. The remaining FY 2022-2023 allocation funds will be designated to a second project for bus stop improvements.

BACKGROUND
The LCTOP is one of several programs that are part of the Transit, Affordable Housing, and Sustainable Communities Program established by the California Legislature in 2014 by SB 862.

Beginning in FY 2015-2016 and beyond, five percent (5%) of the annual auction proceeds of the Greenhouse Gas Reduction Fund will be appropriated for LCTOP. The City of Clovis is eligible for funding on a formulaic basis. This program was created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility with an emphasis on serving disadvantaged communities. At least 50% of the funds must be spent in a manner which provides a direct, meaningful, and assured benefit to the designated disadvantaged areas. In the City of Clovis, the disadvantaged areas according to the California Air Resources Board CalEnviroScreen tool are bordered by Gettysburg Avenue, Winery Avenue, Bullard Avenue, Villa Avenue, Herndon Avenue, and Clovis Avenue.

Caltrans administers the LCTOP project funding and the required reporting. Caltrans is requiring City Council approval of the Certifications and Assurances document (Attachment 1A). The document lists the application and reporting requirements and authorizes the General Services Manager to oversee the grant for the City of Clovis.

Also included in the resolution is approval of two (2) projects for the FY 2022-2023 allocation request. The projected FY 2022-2023 allocation, $340,763, will be divided into two (2) projects:
$80,118 as the fourth and final year’s allocation will be combined with previous allocations for the purchase of a battery-electric bus, and the remainder $260,645 will be applied to a second project for bus stop improvements. Prior and future allocations will be combined and utilized to fulfill both projects.

FISCAL IMPACT
Revenue from the FY 2022-2023 LCTOP allocation in the amount of $340,763 will be allocated to the Transit Fund. These funds will be combined with past and future allocations.

REASON FOR RECOMMENDATION
The resolution and Certifications and Assurances documents are required by Caltrans for LCTOP funds.

ACTIONS FOLLOWING APPROVAL
Staff will submit a copy of the resolution and the signed Certifications and Assurances documents to Caltrans. The General Services Manager will continue to apply for the LCTOP annual funding and will complete required program reporting and documentation requirements.

Prepared by: Susanna Herrera, Management Analyst
Reviewed by: City Manager AH
15 AGENDA ITEM NO. 5.

ATTACHMENT 1
RESOLUTION 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS AUTHORIZING THE

GENERAL SERVICES MANAGER TO EXECUTE THE CERTIFICATIONS AND

ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FOR THE FOLLOWING PROJECTS:

BATTERY ELECTRIC BUS PURCHASE $80,118 AND
BUS STOP IMPROVEMENTS $260,645
WHEREAS, the City of Clovis is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and WHEREAS, the City of Clovis wishes to delegate authorization to execute these documents and any amendments thereto to Amy Hance, General Services Manager; and WHEREAS, the City of Clovis wishes to implement the following LCTOP projects listed above; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clovis agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations, and guidelines for all LCTOP funded transit projects.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clovis authorizes Amy Hance, General Services Manager, to execute all required documents of the LCTOP program and any amendments thereto with the California Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clovis hereby authorizes the submittal of the following project nominations and allocation requests to the Department in FY2022-2023 LCTOP Funds: Battery Electric Bus Purchase $80,118 and Bus Stop Improvements $260,645.
16 AGENDA ITEM NO. 5.

* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 1, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 1, 2023
______________________________ ______________________________ Mayor City Clerk
17 AGENDA ITEM NO. 5.

FY 2022-2023 LCTOP
Authorized Agent
AS THE General Services Director
(Chief Executive Officer/Director/President/Secretary)
OF THE City of Clovis
(Name of County/City/Transit Organization)
I hereby authorize the following individual(s) to execute for and on behalf of the named Regional Entity/Transit Operator, any actions necessary for the purpose of obtaining Low Carbon Transit Operations Program (LCTOP) funds provided by the California Department of Transportation, Division of Rail and Mass Transportation. I understand that if there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. I understand the Board must provide a resolution approving the Authorized Agent. The Board Resolution appointing the Authorized Agent is attached.

Amy Hance, General Services Manager OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Shonna Halterman General Services Director
(Print Name) (Title)
(Signature)
Approved this 13 day of April , 2023
ATTACHMENT 1A
18 AGENDA ITEM NO. 5.

Certifications and Assurances
Lead Agency: City of Clovis
Project Title: Battery Electric Bus Purchase & Bus Stop Improvements Prepared by: Amy Hance
The California Department of Transportation (Caltrans) has adopted the following Certifications and Assurances for the Low Carbon Transit Operations Program (LCTOP). As a condition of the receipt of LCTOP funds, Lead Agency must comply with these terms and conditions.

A. General

1. The Lead Agency agrees to abide by the current LCTOP Guidelines and applicable legal requirements.

2. The Lead Agency must submit to Caltrans a signed Authorized Agent form designating the representative who can submit documents on behalf of the project sponsor and a copy of the board resolution appointing the Authorized Agent.

B. Project Administration

1. The Lead Agency certifies that required environmental documentation is complete before requesting an allocation of LCTOP funds. The Lead Agency assures that projects approved for LCTOP funding comply with Public Resources Code § 21100 and § 21150.

2. The Lead Agency certifies that a dedicated bank account for LCTOP funds only will be established within 30 days of receipt of LCTOP funds.

3. The Lead Agency certifies that when LCTOP funds are used for a transit capital project, that the project will be completed and remain in operation for its useful life.

4. The Lead Agency certifies that it has the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of that project.

5. The Lead Agency certifies that they will notify Caltrans of pending litigation, dispute, or negative audit findings related to the project, before receiving an allocation of funds.

6. The Lead Agency must maintain satisfactory continuing control over the use of project equipment and facilities and will adequately maintain project equipment and facilities for the useful life of the project.

7. Any interest the Lead Agency earns on LCTOP funds must be used only on approved LCTOP projects.

8. The Lead Agency must notify Caltrans of any changes to the approved project with a Corrective Action Plan (CAP).
19 AGENDA ITEM NO. 5.

9. Under extraordinary circumstances, a Lead Agency may terminate a project prior to completion. In the event the Lead Agency terminates a project prior to completion, the Lead Agency must (1) contact Caltrans in writing and follow-up with a phone call verifying receipt of such notice; (2) pursuant to verification, submit a final report indicating the reason for the termination and demonstrating the expended funds were used on the intended purpose; (3) submit a request to reassign the funds to a new project within 180 days of termination.

C. Reporting

1. The Lead Agency must submit the following LCTOP reports:
a. Annual Project Activity Reports October 27th each year. b. A Close Out Report within six months of project completion. c. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of LCTOP funds. A copy of the audit report must be submitted to Caltrans within six months of the close of the year (December 31) each year in which LCTOP funds have been received or expended. d. Project Outcome Reporting as defined by CARB Funding Guidelines. e. Jobs Reporting as defined by CARB Funding Guidelines.

2. Other Reporting Requirements: CARB develops and revises Funding Guidelines that will include reporting requirements for all State agencies that receive appropriations from the Greenhouse Gas Reduction Fund. Caltrans and project sponsors will need to submit reporting information in accordance with CARB’s Funding Guidelines, including reporting on greenhouse gas reductions and benefits to disadvantaged communities.

D. Cost Principles

1. The Lead Agency agrees to comply with Title 2 of the Code of Federal Regulations 225 (2 CFR 225), Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

2. The Lead Agency agrees, and will assure that its contractors and subcontractors will be obligated to agree, that:
a. Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual project cost items and
b. Those parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving LCTOP funds as a contractor or sub-contractor shall comply with 20 AGENDA ITEM NO. 5.

Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

3. Any project cost for which the Lead Agency has received funds that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by the Lead Agency to the State of California (State). All projects must reduce greenhouse gas emissions, as required under Public Resources Code section 75230, and any project that fails to reduce greenhouse gases shall also have its project costs submit to repayment by the Lead Agency to the State. Should the Lead Agency fail to reimburse moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the Lead Agency from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller.

A. Record Retention

1. The Lead Agency agrees and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project. The accounting system of the Lead Agency, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP) and enable the determination of incurred costs at interim points of completion. All accounting records and other supporting papers of the Lead Agency, its contractors and subcontractors connected with LCTOP funding shall be maintained for a minimum of three (3) years after the “Project Closeout” report or final Phase 2 report is submitted (per ARB Funding Guidelines, Vol. 3, page 3.A-16), and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor.

Copies thereof will be furnished by the Lead Agency, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the Lead Agency pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the Lead Agency’s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits.

2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the Lead Agency’s contracts with third parties pursuant to Government Code § 8546.7, the project sponsor, its contractors and subcontractors and the State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of final payment. The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and 21 AGENDA ITEM NO. 5.

documents that are pertinent to a project for audits, examinations, excerpts, and transactions, and the Lead Agency shall furnish copies thereof if requested.

3. The Lead Agency, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document.

F. Special Situations
Caltrans may perform an audit and/or request detailed project information of the project sponsor’s LCTOP funded projects at Caltrans’ discretion at any time prior to the completion of the LCTOP.

I certify all of these conditions will be met.

Amy Hance General Services Manager
(Print Authorized Agent) (Title)
(Signature) (Date)
22 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 1, 2023
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP 21-06 Modular Training Facility.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION
For the City Council to accept the contracted work performed as complete and authorize recording of the notice of completion.

EXECUTIVE SUMMARY
The project consists of the construction of the Modular Training Facility located at the northeast corner of Lind Avenue & Pontiac Way. This facility is currently being used as temporary housing for Fire Station 2 staff.

BACKGROUND
Bids were received on December 14, 2021, and the project was awarded by the City Council to the low bidder, Fortune-Ratliff General Contractors, Inc. on January 10, 2022. The project was completed in accordance with the construction documents and the contractor has submitted a request for acceptance of the project.
23 AGENDA ITEM NO. 6.

FISCAL IMPACT

1. Award $2,342,502.00

2. Cost increases/decreases resulting from differences ($ 00.00) between estimated quantities used for award and
actual quantities installed.

3. Contract Change Orders
CCO 1 $ 7,420.00
CCO 2 $ 59,100.00

4. Liquidated Damages $0.00
___________
Final Contract Cost $ 2,409,022.00
The change orders covered items that were not part of the original scope of work at the time of bid or were unforeseen site conditions.

Change Order 01 included the following items: a building dedication plaque, revised casework hardware, change in carpet tiles, relocation of the building footprint due to existing PG&E lines found during construction, a credit for owner-supplied network switch, and a fire alarm system control panel upgrade.

Change Order 02 included the following items: addition of urinals, ceiling fans, data jacks, electrical receptacles, protective bollards and threshold at shower and restroom doors; additional site paving work; simulated brick veneer time and materials; relocation of electrical box; credit for ceiling tiles and owner-furnished shower curtains; removal of projectors and screens from project scope.

This project was approved in the Community Investment Program 2021-22 fiscal year budget and was funded by the General Government Services Facilities Fund through the City Community Investment Program.

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, Fortune-Ratliff General Contractors, Inc., has requested final acceptance from the City Council.

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 24 AGENDA ITEM NO. 6.
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: Rami Abunamous, Engineering Inspector
Reviewed by: City Manager AH
25 AGENDA ITEM NO. 6.

Attachment 1
26 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: May 1, 2023
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP 18-12 Fire Station 6.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION
For the City Council to accept the contracted work performed as complete and authorize recording of the notice of completion.

EXECUTIVE SUMMARY
The project involved construction of a new fire station building including all associated site work and communications tower at the intersection of Loma Vista Parkway and Encino Avenue near the Loma Vista Village Green park that is currently under construction.

BACKGROUND
The bid opening was on December 22, 2020, and the project was awarded by City Council on January 11, 2021, to the lowest responsible bidder, which was determined to be Seals Construction, Inc. The project was completed in accordance with the construction documents.

The contract time was extended by 69 calendar days due to unforeseen unstable overly saturated soil and a series of changes required to complete the project.

The project was completed, and a Certificate of Occupancy was issued by the Building Department on July 29, 2022. The Fire Station 6 was operational by August 8, 2022. Between August 2022 to March 2023, there were punch list items valued at approximately $50,000 that were being disputed by the contractor. All the punch list items have been resolved and the project is ready for final acceptance. Retention funds have been released in accordance with Public Contract Code Section 7107(c)(2) which required the City to release retention within 60 days after occupancy. The project is under a two-year warranty. 27 AGENDA ITEM NO. 7.

FISCAL IMPACT

1. Contract Award Amount $5,308,040.00

2. Cost Increases/Decreases $0.00

3. Contract Change Orders $596,081.10
i. Joint Trench Dry Utilities $ 241,019.64
ii. Project Extended Overhead $ 60,000.00
iii. Communication Tower Modifications $ 59,061.14
iv. Unforeseen Unstable Overly Saturated Soil $ 57,806.44 v. Fire Sprinkler & HVAC System Modifications $ 48,895.29 vi. Other Changes $ 129,298.59

4. Liquidated Damages Assessed $0.00
Final Contract Cost $5,904,121.10
A summary of the change orders is in the table above. The change orders covered items that were not part of the original scope of work at the time of bid or were unforeseen site conditions.

Item 3i included labor, equipment & materials to provide a joint trench for dry utilities and extend gas, AT&T and Comcast services from Leonard Avenue to the Fire Station approximately 1,400 LF. Item 3.ii covered extended project overhead as a result of the contract time extension and complications with AT&T utility service. Item 3.iii provided additional equipment for the communications tower. Item 3.iv was an unforeseen condition encountered at the site due to unstable overly saturated soil that required additional earthwork to reduce project delay. Item

3.v included modifications to the fire sprinkler system and the HVAC system due to conflicts with the overhead doors. The remaining changes were needed to complete the project and meet the design intent.

The Project was supported by Fire Department Development Impact Fees. There were not sufficient fees in the Fire Department Development Impact fund at the time of the project award to pay for the project. The Water Fund loaned $5,000,000 to the General Government Services Fund to finance the construction of Fire Station 6.

REASON FOR RECOMMENDATION
The Public Utilities Department, City Engineer, 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, Seals Construction, Inc., has requested final acceptance.

ACTIONS FOLLOWING APPROVAL
The notice of completion will be recorded.

Prepared by: Jose Sandoval, Project Engineer
Reviewed by: City Manager AH
28 AGENDA ITEM NO. 7.

Attachment 1 29
AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 1, 2023
SUBJECT: Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6349, located east of Locan Avenue, between Barstow Avenue and Shaw Avenue (DYP 6260, LP (De Young
Properties)).

ATTACHMENTS: 1. Vicinity Map

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent DYP 6260, LP (De Young Properties) since January 1, 2023 (Government Code 84308).

RECOMMENDATION
For the City Council to:

1. Accept the public improvements for Tract 6349, and authorize recording the Notice of Completion; and

2. Authorize the release of the Performance Surety immediately and then release of the Labor and Materials Surety ninety (90) days after the recordation of the Notice of Completion, (provided no lien have been filed) and release of Public Improvements Maintenance Surety upon the expiration of the one-year warranty period and provided any defective work has been repaired to the City’s satisfaction.

EXECUTIVE SUMMARY
The owner, DYP 6260, LP (De Young Properties), has requested final acceptance of the public improvements constructed or installed in conjunction with this tract. The public improvements include all those shown on the subdivision improvement plans approved by the City Engineer.

The construction or installation of the public improvements is complete. The owner has requested final acceptance. Staff is recommending approval of their request. 30 AGENDA ITEM NO. 8.

All landscaping, including sidewalks along the side yards of lots have been constructed. The construction or installation of the public improvements is complete. The owner has requested final acceptance. Staff is recommending approval of their request.

FISCAL IMPACT
The cost for periodic routine maintenance, as well as repairs needed as the improvements deteriorate with age and usage, will be incorporated to the annual maintenance budget of the Public Utilities Department as these costs are identified.

REASON FOR RECOMMENDATION
The Subdivision Map Act requires that once construction of the required improvements has been completed in compliance with all codes, plans and specifications, and all other required documents have been completed and submitted, final acceptance is required, and the appropriate sureties are released.

ACTIONS FOLLOWING APPROVAL
Record the Notice of Completion and release the Performance, Labor and Materials, and Maintenance Sureties as appropriate.

Prepared by: Jeff Brown, Engineer II
Reviewed by: City Manager AH
31 AGENDA ITEM NO. 8.

TM 6349
May 1, 2023 Jeff Brown TM 6349 (DYP 6260, LP (De Young Properties)) 32 AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 1, 2023
SUBJECT: Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6328, located at the northwest corner of Shepherd and Clovis Avenues (6050 Enterprises, LP (Wilson Homes)).

ATTACHMENTS: 1. Vicinity Map

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent (6050 Enterprises, LP (Wilson Homes)) since January 1, 2023 (Government Code 84308).

RECOMMENDATION
For the City Council to:

1. Accept the public improvements for Tract 6328, and authorize recording the Notice of Completion; and

EXECUTIVE SUMMARY
The owner, 6050 Enterprises, LP (Wilson Homes), has requested final acceptance of the public improvements constructed or installed in conjunction with this tract. The public improvements include all those shown on the subdivision improvement plans approved by the City Engineer.

City inspection staff has certified that all public and private improvements have been constructed or installed in accordance with the approved plans, specifications, and standards, to the satisfaction of the City Engineer, with the exception of one trash enclosure, sidewalks, and block walls, all adjacent to Lots 68 through 73.
33 AGENDA ITEM NO. 9.

The owner has requested that the uncompleted improvements be deferred to occupancy of any of the lots, 69 - 73. These lots, which are adjacent to the improvements have not finaled a building permit. The deferred improvements will be included in the scope of improvements to be completed as part of the building permit work for the first of these lots.

All other pedestrian path-of-travel improvements, such as curb ramps, park and paseo walks, sidewalks along major streets, and sidewalks adjacent to the side yards of corner lots, have been constructed and are included in this request for acceptance.

FISCAL IMPACT
The cost for periodic routine maintenance and repairs of elements lying within public right-ofway will be incurred as the improvements deteriorate with age and usage. These added costs will be incorporated to the annual maintenance budget of the Public Utilities Department as these costs are identified.

ACTIONS FOLLOWING APPROVAL
Record the Notice of Completion and release the Performance, Labor and Materials, and Maintenance Sureties as appropriate.

Prepared by: Gene G. Abella, Civil Engineer
Reviewed by: City Manager AH
34 AGENDA ITEM NO. 9.

Attachment 1
35 AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 1, 2023
SUBJECT: Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6273, located at the northwest corner of Ashlan Avenue and Armstrong Avenue (Joseph Crown Construction and Development, Inc.)
ATTACHMENTS: 1. Vicinity Map

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent (Joseph Crown Construction and Development, Inc.) since January 1, 2023 (Government Code 84308).

RECOMMENDATION
For the City Council to:

1. Accept the public improvements for Tract 6273, and authorize recording the Notice of Completion; and

EXECUTIVE SUMMARY
The owner, Joseph Crown Construction and Development, Inc., has requested final acceptance of the public improvements constructed or installed in conjunction with this tract. The public improvements include all those shown on the subdivision improvement plans approved by the City Engineer. The construction or installation of the public improvements is complete. The owner has requested final acceptance. Staff is recommending approval of their request. 36 AGENDA ITEM NO. 10.

ACTIONS FOLLOWING APPROVAL
Record the Notice of Completion and release the Performance, Labor and Materials, and Maintenance Sureties as appropriate.

Prepared by: Gene G. Abella, Civil Engineer
Reviewed by: City ManagerJH
37 AGENDA ITEM NO. 10.

Attachment 1 38
AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 1, 2023
SUBJECT: Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6225, located at the northeast corner of Ashlan Avenue and Locan Avenue (Wilson Premier Homes, Inc.).

Councilmember Vong Mouanoutoua has a conflict of interest on this item.

ATTACHMENTS: 1. Vicinity Map

CONFLICT OF INTEREST
Councilmember Vong Mouanoutoua owns property within 1000 feet of subject property and, pursuant to law, must abstain from participation and decision regarding this item.

Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent Wilson Premier Homes, Inc. since January 1, 2023 (Government Code 84308).

RECOMMENDATION
For the City Council to:

1. Accept the public improvements for Tract 6225, and authorize recording the Notice of Completion; and

EXECUTIVE SUMMARY
The owner, Wilson Premier Homes, Inc., has requested final acceptance of the public improvements constructed or installed in conjunction with this tract. The public improvements include all those shown on the subdivision improvement plans approved by the City Engineer. 39 AGENDA ITEM NO. 11.

The construction or installation of the public improvements is complete. The owner has requested final acceptance. Staff is recommending approval of their request.

ACTIONS FOLLOWING APPROVAL
Record the Notice of Completion and release the Performance, Labor and Materials, and Maintenance Sureties as appropriate.

Prepared by: Jeff Brown, Engineer II
Reviewed by: City Manager AH
40 AGENDA ITEM NO. 11.
41 AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: May 1, 2023
SUBJECT: Public Utilities – Approval – Preliminary Engineer’s Report; and Approval – Res. 23-___, a Resolution Declaring the City’s Intention to Levy and Collect the Annual Assessments for Landscape Maintenance District No.

1. ATTACHMENTS: 1. Resolution of Intention

2. Assessment Diagrams

RECOMMENDATION

1. Approve the Preliminary Engineer’s Report on file with the City Clerk; and

2. Adopt Resolution No. 23-___, declaring the City’s intention to levy and collect the annual assessments for Landscape Maintenance District No. 1, and giving Notice of Public Hearing.

EXECUTIVE SUMMARY
The City collects funds through annual assessments on properties within Landscape Maintenance District (LMD) No. 1. These funds provide landscape maintenance services for those properties within the LMD, including special enhancements unique to the various tracts within the District. Currently, 51 different assessment zones have been established. Zones 1-3 provide for street median and streetside landscape maintenance throughout most of the City.

Zones 4-6 provide for neighborhood park maintenance throughout most of the City. Zones 7-49 provide for maintenance of special neighborhood enhancements. Zone SE provides for maintenance for all of Loma Vista. Zone NW provides for maintenance for all of Heritage Grove.

Properties within the LMD (except the majority of those in Zone SE and Zone NW) are all in Zones 1-3, and they may also be in Zones 4-6 and Zones 7-49. Zone SE and Zone NW are unique in that they cover all three categories of landscape: street median and streetside landscaping, parks, and neighborhood enhancements. There are, however, five enhancement zones in Zone SE that fund additional landscaping.
42 AGENDA ITEM NO. 12.

The landscape assessment rates in Zones 1-6 must be and were established by election. Zones 7-49, Zone SE, and Zone NW include escalation clauses in the annexation covenants that allow the City to increase the assessments by the Consumer Price Index (CPI) plus 2%. Because this provision is included in the annexation documents and agreed to by the property owners, it is not considered a rate increase and is not subject to the election process outlined in Proposition 218.

Consistent with Section 22623 of the Landscape and Lighting Act of 1972, this Resolution proposes the following actions for the various zones:

LMD REQUIREMENTS
The Preliminary Engineer’s Report is being filed with the City Clerk for submission to City Council in accordance with Section 22623 of the Landscape and Lighting Act of 1972 (ACT). After approval of the Report, Section 22624 of the Act requires the Council to adopt a Resolution of Intention that:

1. Declares the intention to levy and collect assessments;

2. Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements;

3. Refers to the assessment district by its distinctive designation and indicates the general location of the district;

4. Refers to the Preliminary Engineer’s Report for a full description of the improvements, boundaries, and any zones in the district, and the proposed assessments upon assessable lots and parcels of land within the district;

5. Gives notice of the time and place for hearing by the Council on the levy of the proposed assessments; and

6. States whether the assessments are proposed to increase from the previous year.

Zone Rate
Change
Reason For Change
Zones 1-6

No change No change. Rates will continue
to be maintained at the rate
established by elections.

Zones 8-26, 28, 30, 34,
38, 42, 44-49, NW, SE
No change No change. Current rates are
sufficient to cover costs. (New
zones assessed at initial rates).

Zones 7, 27, 29, 31-33,
35-37, 39-41, 43
Increase assessment Rates are being increased to
cover the cost of maintaining
service while continuing to
maintain capital reserves.
43 AGENDA ITEM NO. 12.

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, related services, and incidental expenses. The required operation and maintenance includes mowing, edging, fertilizing, weed control, irrigation systems, pruning, plant replacement, lighting, and a depreciation fund to periodically replace playground and other landscape related equipment. The assessments are collected by the County as a special assessment on the property tax bills.

The yearly rates for Zones 1-6 are as follows:

General Landscaping Neighborhood Park
Zone 1 $99.50 Zone 4 $49.86
Zone 2 $99.94 Zone 5 $50.10
Zone 3 $12.28 Zone 6 $80.08
In addition to the general landscaping and neighborhood park zones, additional zones have been established to cover enhanced landscaping, entry features, and decorative street lighting in various residential subdivisions. The properties in each of these benefit zones are assessed an additional amount to fund the maintenance costs for the added features at each of their subdivisions. The proposed annual rates for the enhanced landscaping zones are as follows:

Zone 7 $210.00 Tracts 4762A, 4873, 4874, 4875, 4876, & 5015 Zone 8 $56.34 Tract 4949
Zone 9 $49.62 Tract 4954
Zone 10 $76.70 Tracts 4958, 4986, & 5026
Zone 11 Not used at this time N/A
Zone 12 $105.00 Tracts 5025, 5046, & 5047
Zone 13 $52.46 Tract 5045
Zone 14 $32.20 Tract 5020
Zone 15 $150.14 Tracts 5038, 5057, 5058, & 5059
Zone 16 $11.54 Tract 5106
Zone 17 $26.70 Tract 4973
Zone 18 $57.62 Tract 5115
Zone 19 $66.48 Tract 5125
Zone 20 $44.44 Tract 4938
Zone 21 $0.00 Tract 5122 (Zone 21 not developed)
Zone 22 $65.00 Tract 5131
Zone 23 $96.78 Tract 5213
Zone 24 $74.56 Tract 5200
44 AGENDA ITEM NO. 12.

Zone 25 $111.14 Tract 5194
Zone 26 $101.80 Tract 5347
Zone 27 $49.10 Tract 5146
Zone 28 $50.48 Tract 5378
Zone 29 $126.30 Tract 5470
Zone 30 $51.22 Tracts 5264 & 5741
Zone 31 $132.13 Tract 5711
Zone 32 $29.43 Tract 5545
Zone 33 $20.61 Tract 5207
Zone 34 $72.90 Tract 5874
Zone 35 $131.30 Tract 5550
Zone 36 $212.12 Tract 6072
Zone 37 $70.48 Tract 6147
Zone 38 $71.18 Tract 6170
Zone 39 $94.09 Tract 6109
Zone 40 $96.59 Tract 6228
Zone 41 $154.57 Tract 6186A
Zone 42 $63.56 Tract 6230
Zone 43 $47.32 Tract 6239
Zone 44 $90.58 Tract 6263
Zone 45 $37.94 Tract 6181
Zone 46 $294.00 Tract 6301
Zone 47 $62.00 Tract 6284
Zone 48 $69.59 Tract 6339
Zone 49 $114.52 Tract 6389
Zone NW $449.40 Tracts 6200, 6050, 6328, & 6329
Zone NW $279.51 Tracts 6342, 6344, & 6392
Zone SE $351.00 Tracts 6389, 5168, 5193, 5254, 5336, 5418, 5484, 5582, 5583, 5874, 5565A2, 5961, 5965, 5970, 5981,
5984, 5596, 5875A, 6010, 5691A2, 6005, 6006,
5825, 5985, 5950, 6020, 5871, 6011, 6007, 6008,
MISC, 6012, 5605, 5657A, 6009, 6055, 6058,
6025, SPR2012-006, 5701A, 6089, 5998, 6083,
6086, 6034, 5681, 6064, 6098/6142, 6114, 6082,
6040, 6107, 6143, PM2015-02, PM2015-04, 6144,
6127, 6080, 6101, 6068, 6102, 6137A2, 6197,
6120, PM2016-01, 6168, 6193, 6245, 6225, 6228,
6186A, SPR2017-014, 6230, 6254, 6255, 6164,
PM18-14, 6174, 6181, 6260, 6123, 6349,
SPR2018-011A2, BP No.22-02583, & BP No.
1222-2019
Zone SE $218.48 Tracts 6304, 6023, 6377, 6404, 6166, BP No. 21-05390, 6208, & 6161
45 AGENDA ITEM NO. 12.

Zone SE includes all tracts being developed in the Southeast Urban Village, generally located east of Locan Avenue and south of Bullard Avenue. Zone NW includes all tracts being developed in Heritage Grove, generally located north of Shepherd Avenue and west of Sunnyside Avenue.

Unlike other properties in the City, properties in these zones are not annexed into one or more zones like Zones 1 through 6. The rates for these zones are designed to cover all the general landscaping, neighborhood parks, enhanced landscaping, and public lighting in their area. All the tracts to be annexed into Zone SE and Zone NW are expected to have enhanced landscaping, entry features, and decorative street lighting. There are five tracts within Loma Vista that have an extra enhancement and are therefore assessed an additional amount.

Two rates have been established in Zone SE and Zone NW, because a tract may have only partial landscape amenities within the tract, but funding is needed for arterial street and community park landscaping.

The Resolution of Intention to Levy, containing the Notice of Public Hearing, will be published in The Business Journal not less than 10 days prior to the Public Hearing date of May 15, 2023.

The Public Hearing will afford all interested persons the opportunity to address their concerns.

Written protests may be filed with the City Clerk at any time prior to the conclusion of the Public Hearing.

FISCAL IMPACT
Annually collected LMD assessments will provide the necessary funding to continue the maintenance of landscaped areas within the various benefit zones for the next fiscal year and provide reserves necessary for depreciation and replacement.

REASON FOR RECOMMENDATION
The Resolution of Intention to Levy is required annually by the Landscaping and Lighting Act of 1972 prior to levying and collecting assessments.

ACTIONS FOLLOWING APPROVAL

1. The Resolution of Intention to Levy and Collect the Annual Assessments will be published in The Business Journal; and

2. The Engineer’s Report that shows the final assessment costs will be considered by the City Council at the Public Hearing proposed for May 15, 2023, and if approved, recorded by the Fresno County Recorder’s Office.

Prepared by: Eric Aller, Parks Manager
Reviewed by: City Manager AH
46 AGENDA ITEM NO. 12.

ATTACHMENT 1
RESOLUTION NO. 23-

A RESOLUTION OF INTENTION TO LEVY AND COLLECT THE ANNUAL ASSESSMENT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE CITY OF CLOVIS AND

SET THE PUBLIC HEARING
WHEREAS, the Clovis City Council has approved one hundred ten (110) annexations with new improvements to the Landscape Maintenance District No. 1 of the City of Clovis (herein “LMD No. 1”) since the Engineer’s Report dated June 6, 2022; and WHEREAS, proceedings for the annual assessments for LMD No. 1 for the fiscal year 2023-24 need to be initiated.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED as follows:

1. It is the intention of said Council to order the levy and collection of an assessment for the 2023-24 fiscal year under the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code beginning with Section 22500 of said Code, for Landscape Maintenance District No.1 of the City of Clovis (herein “LMD No. 1”).

2. Said LMD No. 1 is generally described as all properties in subdivisions, Site Plan Review developments, Parcel Map developments, and other miscellaneous property entitlement developments approved since July 1985 within the current boundaries of the City of Clovis.

3. The Engineer has prepared and filed with the Clerk of the City of Clovis a preliminary report labeled Preliminary Engineer’s Report of the City of Clovis LMD No. 1, dated May 1, 2023, to which reference is hereby made for a detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within LMD No. 1.

4. The Business Journal, a newspaper circulated in the City of Clovis, is hereby designated as the newspaper in which this Resolution of Intention shall be published, and the Clerk of the City of Clovis is hereby directed to cause this Resolution of Intention to be published once no less than ten (10) days prior to the hearing date set forth below.

5. NOTICE IS HEREBY GIVEN that the 15th day of May 2023, at the hour of 6:00 p.m., in the regular meeting place of the Council of the City of Clovis, Council Chambers, 1033 Fifth Street, Clovis, California 93612, is hereby fixed as the time and place for a PUBLIC HEARING, when and where all interested persons shall be heard on the question of the levy and collection of the proposed assessment. Written protests may be filed with the City Clerk at any time prior to the conclusion of the PUBLIC HEARING. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by the protesting person or persons.
47 AGENDA ITEM NO. 12.

6. In accordance with the terms of the covenants, the rate for Zones 7, 27, 29, 31, 32, 33, 35, 36, 37, 39, 40, 41, and 43 will be increased to the amounts authorized under the covenants.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 1, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 1, 2023
______________________________ ______________________________ Mayor City Clerk
48 AGENDA ITEM NO. 12.

HIGHLAND AVE

HERNDON AVE

FOWLER AVE

SHEPHERD AVE

BULLARD AVE

SIERRA AVE

SUNNYSIDE AVE

DEWOLF AVE

LEONARD AVE

BARSTOW AVE

LOCAN AVE

TEMPERANCE AVE

PEACH AVE

MINNEWAWA 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
2023/2024 ASSESSMENT CHANGES NO
ASSESSMENT CHANGES ZONES 1-
1 inch = 5,167 feet
3 µ
ZONE 1
ZONE 3 ZONE 2
ATTACHMENT 2 49
AGENDA ITEM NO. 12.

HIG
HLA
N
D
AVE

HERNDON AVE
FO
WLER
AVE

SHEPHERD AVE

BULLARD AVE

SIERRA AVE
S
UNNY

SIDE AVE
LEO
N
A
R
D
AVE
DEW

OLF AVE

BARSTOW AVE
LO
C
A
N
AVE
TEMPER
A
N
CE AVE
PEA
C
H
AVE
MIN
NEWAWA
AVE
A
R
M
S
T
R
O
N
G
AVE

NEES AVE

TEAGUE AVE
CLO
VIS
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
1 inch = 5
µ,167 feet
ZONE 4
ZONE 6 ZONE 5
LMD ZONES 4-6
PARKS
2023/2024 ASSESSMENT CHANGES
NO ASSESSMENT CHANGES ZONES 4-6
50 AGENDA ITEM NO. 12.

HIG
HLA
N
D
AV
E

HERNDON AVE
FO
WLE
R
AV
E

SHEPHERD AVE

BULLARD AVE

SIERRA AVE
S
U
N
N
Y
SID
E
AV
E
LE
O
N
A
R
D
AV
E
D
E
W
OLF AV
E

BARSTOW AVE
LO
C
A
N
AV
E
T
E
M
P
E
R
A
N
C
E
AV
E
P
E
A
C
H
AV
E
MIN
N
E
WAWA
AV
E
A
R
M
S
T
R
O
N
G
AV
E

NEES AVE

TEAGUE AVE
CLO
VIS
AV
E

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 - 49

NEIGHBORHOOD ENHANCEMENTS
2023/2024 ASSESSMENT CHANGES
1 inch = 4
µ,833 feet
13 30 0%
0%
32 4.9%
10 0%
9 0%
8 0%
15 0%
22 0%
27 5.2%
29 5.7%
28 0%
18 0%
12 0%
19 0%
33 5%
25 0%
26 0%
7 2.9%
21 0%
39 3.6%
24 0%
23 0%
36 5.6%
17 0%
14 0%
35 5.5%
16 0%
20 0%
37 3.6%
31 2.8%
34 0%
38 0%
Assessment Changes No Change Decrease Increase
41 5.5%
40 1.6%
44 0%
43 1.3%
42 0%
45 0%
47 0%
46 0%
48 0%
49 0%
51 AGENDA ITEM NO. 12.

HIG
HLA
N
D
AVE

HERNDON AVE
FO
WLER
AVE

SHEPHERD AVE

BULLARD AVE

SIERRA AVE
S
UNNY

SIDE AVE
LEO
N
A
R
D
AVE
DEW

OLF AVE

BARSTOW AVE
LO
C
A
N
AVE
TEMPER
A
N
CE AVE
PEA
C
H
AVE
MIN
NEWAWA
AVE
A
R
M
S
T
R
O
N
G
AVE

NEES AVE

TEAGUE AVE
CLO
VIS
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
2023/2024 ASSESSMENT CHANGES

NO ASSESSMENT CHANGE ZONES SE AND NW
1 inch = 5
µ,208 feet

ZONE SE

ZONE NW
52 AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: Administration
DATE: May 1, 2023
SUBJECT: Consider Approval – Appointments to Personnel Commission and Planning Commission.

Staff: Councilmember Bessinger
Recommendation: Approve
ATTACHMENTS: None.

RECOMMENDATION
It is recommended that the Mayor, subject to approval by the City Council, consider the reappointment of Jerry Brady to the Personnel Commission. The reappointment is for a fouryear term of office which would expire in May of 2027.

Additionally, it is recommended for Councilmember Bessinger, subject to approval by the City Council, to make an appointment of Joseph Hebert to the Planning Commission. If appointed, the term of office will expire in May of 2027.

EXECUTIVE SUMMARY
Personnel Commissioner Jerry Brady, whose term of office expires in May of 2023, has requested to be reappointed. Mayor Ashbeck is recommending that the Personnel Commissioner be reappointed.

Planning Commissioner Michael Cunningham, whose term of office expires in May of 2023, has decided not to seek reappointment. This creates one opening on the Planning Commission due to the expired term of office for Mr. Cunningham. Interviews were conducted with interested applicants, and Councilmember Bessinger is recommending the appointment of Joseph Hebert.

If appointed, the term of office will expire in May of 2027. 53 AGENDA ITEM NO. 13.

BACKGROUND
Personnel Commissioner Jerry Brady, whose term of office expires in May of 2023, has requested to be reappointed. Mayor Ashbeck is recommending that the Personnel Commissioner be reappointed. His term of office will expire in May of 2027.

Planning Commissioner Michael Cunningham, whose term of office expires in May of 2023, has decided not to seek reappointment. This creates one opening on the Planning Commission.

Interviews were conducted with interested applicants, and Councilmember Bessinger is recommending the appointment of Joseph Hebert. If appointed, the term of office will expire in May of 2027.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Pursuant to Clovis Municipal Code Chapter 9.1, the Mayor, with approval of the City Council, shall make appointments to the Personnel and Planning Commissions.

ACTIONS FOLLOWING APPROVAL
Staff will inform the appointed Personnel and Planning Commissioners of the action taken by the City Council.

Prepared by: Rebecca Simonian, Executive Assistant
Reviewed by: City Manager JH
54 AGENDA ITEM NO. 13.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 1, 2023
SUBJECT: Consider Approval – Res. 23-___, A Resolution Declaring the Intention to levy and collect assessments for Fiscal Year 2023-24, Authorizing the City of Clovis Engineering Department to conduct a property owner Proposition 218 proceeding, Approving the Fiscal Year 2023-24 Preliminary Engineer’s Report, and setting a Public Hearing for June 19, 2023, or at such time thereafter for Area 1 of Benefit Assessment District No. 95-1 (Blackhorse Estates)
Staff: Sean Smith, Supervising Civil Engineer
Recommendation: Approve
ATTACHMENTS: 1. Vicinity Map

2. Resolution 23-___

3. FY 2023-24 Preliminary Engineer’s Report.

RECOMMENDATION
For the City Council to approve Resolution 23-__, which will:
1) Declare the intention to levy and collect assessments for Fiscal Year 2023-24; and 2) Authorize the City of Clovis Engineering Department to conduct a property owner Proposition 218 proceeding for Area 1; and
3) Approve the Fiscal Year 2023-24 Preliminary Engineer’s Report; and 4) Set a Public Hearing for June 19, 2023, or at such time thereafter for Benefit Assessment District No. 95-1 (Blackhorse Estates).
55 AGENDA ITEM NO. 14.

EXECUTIVE SUMMARY
Benefit Assessment District No. 95-1 (the “District”) is divided into Benefit Area 1, which consists of 45 homes and is known as the Renaissance neighborhood and Benefit Area 2, which consists of 81 homes and is known as the Country View neighborhood, for a total of 126 homes. Each area is a gated community where each home is assessed annually to pay for maintenance of the street and landscaping facilities, including sidewalks, curbs and gutters, pavement, valley gutters, entrance control gates, median island landscaping, drainage inlets and streetlights benefitting the homes within the District.

On July 5, 2022, City Council approved the latest annual Engineer’s Report for the District. Since that time, costs have been on the rise and the current assessments for Area 1 do not provide funding adequate to provide for routine maintenance. The assessments also do not provide funding for future capital projects or large and unexpected repairs. Therefore, it is staff’s recommendation to increase rates by $219 per year, per home in Area 1 to keep up with basic area maintenance as well as build the fund reserve for future capital maintenance projects. Any increase in assessments requires a Proposition 218 vote of the property owners. Staff is requesting authorization to conduct a property owner Proposition 218 proceeding to request an annual assessment increase for Benefit Area 1. Benefit Area 2 has a sufficient cash flow at this time and no increase is proposed for their annual assessments. In addition, staff is requesting the other actions necessary for the annual levy and collection of assessments.

BACKGROUND
The District provides maintenance services for a gated community located at the southeast corner of Alluvial and Minnewawa Avenues and was created under the provisions of the Benefit Assessment Act of 1982. The maintenance services provided include sidewalks, curbs and gutters, pavement, valley gutters, entrance control gates, median islands and landscaping, drainage inlets and streetlights within the District. The maintenance activities are managed through a contract with Regency Property Management, a real estate management firm.

The purpose of the District is to provide all of the necessary street maintenance activities within the tract including gated entries and exits. The streets and gate systems are privately owned. All maintenance within the District is performed on a contractual basis, utilizing private contractors, and funded by the District assessments. All administrative coordination is performed by Regency Property Management who is contracted by the City on behalf of the District and funded from the assessments.

History
Benefit Assessment District 1995-1 was formed in 1995 to provide a funding source for the maintenance of the private streets within the subdivision as a result of the developers, and some prospective property owners within the subdivision, desire to have security gates.

The first phase of the subdivision (Tract 4299) was originally recorded as a conventional subdivision with public streets and no gates at the entrances and exits. Subsequent to the recording of that map, the developer decided that he wanted the community to be gated and requested the City’s assistance in finding a way to provide security gates at the entrances and 56 AGENDA ITEM NO. 14.
exits. In order for any subdivision or any other development to be gated, the streets or areas behind the gates needed to be privately owned. With no HOA in place and no desire to form an HOA for the subdivision, the City provided a way to accommodate the developer’s request as follows:
• Streets within the subdivision were abandoned.
• Subdivision was remapped (Tract 4299A), providing for ownership of the roads to the centerline of the streets by the individual lot owners. • Public utility easements were retained for the City sewer and water systems. • An irrevocable offer of dedication of the streets was provided to the City so that the City could reclaim the street area should that become necessary. • Assessment District 95-1 was formed to cover maintenance of the streets, gates, etc.

Differences between an Assessment District and a HOA
Some of the most pertinent differences between an Assessment District and a HOA involve the management of the funds. With this District, the owners provide the assessments through their property taxes and the City manages how the funds are spent. It is important to note that public funds cannot be used for the District and that day-to-day decisions for the spending of the funds lies with the City. Any increase in the assessments is required to be put to a vote of the owners according to Prop 218. In contrast, a HOA defines these roles through their Bylaws. California Civil Code provides a HOA with the ability to increase assessments by up to 20% annually without a vote of their membership. As a comparison, the District’s rates from creation to date have averaged an annual increase of approximately 5% in both Area 1 and Area 2.

Maintenance
The intent of the maintenance district is to provide all the necessary street maintenance activities in the tract. Since the streets are private, no public funds may be expended on maintenance activities and no City crews may be utilized for street maintenance activities. All maintenance within the district is to be performed on a contractual basis, utilizing private contractors, and funded by district assessments. All administrative coordination is to be performed by a private management firm contracted by the City on behalf of the district and funded from the assessments. The management firm is to be responsible for the street maintenance activities including the following:
• Repair of damaged concrete facilities such as sidewalks, curb and gutter, and valley gutters.
• Maintenance of entry gates including repair or replacement of damaged gates, repair of opening mechanisms, repair of entry communication facilities, operational maintenance (painting, lubrication, etc.).
• Periodic Street Sweeping.
• Landscape Maintenance of entry features and entry medians. • Pavement maintenance, including pothole patching and any necessary pavement striping or stenciling.
• Pavement preventative maintenance including seal coats and overlays. • Coordination and resolution of complaints from tract residents that deal with street conditions such as cleaning, surface drainage, etc.
57 AGENDA ITEM NO. 14.

Perpetual City Responsibilities
As originally envisioned, the City was responsible for the annual administration of the Benefit Assessment District, and it was anticipated that these duties would be limited to the following:
• Noticing of tract residents of the annual assessment hearing. • Convening an annual public hearing to consider adjustment to the district assessments. • Collecting the assessments and minimal financial overview of expenditures to assure fiduciary responsibility (general accounting to be provided by district management firm hired by the City on behalf of the district).
• Administrative review of the annual assessment report. • Forwarding occasional service requests received by the City to the management company for resolution.

Current Status
When the original district was formed, the intent for raising revenue was to do so as needed following a City Council public hearing. However, subsequent to formation, Proposition 218 was voted into law requiring a property owner election in order to increase assessments. Since that time, the ability to increase revenue to the levels needed to properly take care of needed maintenance has been limited. As a result, preventative maintenance activities have been put off due to insufficient funding. With the age of the streets within both benefit areas being 25+ years with no preventative maintenance performed and the fund balances finally at levels to fund the slurry seal projects, the slurry seals were completed in 2022.

Area 1
The last increase to the Area 1 assessments was 2021. Since that time, the cost for routine maintenance has risen significantly. With these increased costs and the slurry seal project, which also cost more than anticipated, the fund has been depleted well below the desired operating reserves. The budget proposed for 2023-24 remains very trim and includes the basic routine maintenance plus the following:
• Lockbox replacement at the back gate to reduce the need for callbacks to the gate maintenance contractor resulting from being left in the open position by First Responders.

The upgrade to the front gate callbox is anticipated to provide long-term savings with the replacement of the landline with a more cost-effective cellular plan. The estimated cost is $4,525 and will provide an estimated annual savings of $900. • Sidewalk repairs to address trip hazards and improve neighborhood aesthetics. The estimated cost is $10,500.
• Street Maintenance in 10-15 years to keep the neighborhood streets in good condition, provide for safe ingress and egress, as well as maintaining neighborhood aesthetics.

Accumulating funds for this project now is expected to reduce future assessment rate increases. The estimated cost in 10 years is $44,000 based on an assumed annual increase in costs of 3%.

In order to achieve this budget, staff is recommending that a Proposition 218 proceeding be conducted this year. If the property owners vote for the annual assessment increase of $219.00 per home per year, the annual revenues will be sufficient to continue to perform the needed maintenance and build a reserve for future maintenance activities. 58 AGENDA ITEM NO. 14.

If a Proposition 218 vote to increase the annual assessments for Benefit Area 1 is not successful, staff would have to work with Francisco & Associates as well as Regency Property Management to determine the best course of action to bring costs in line with revenues. In this scenario, the level of services and maintenance provided will have to be significantly reduced. Also, with no provision for future street maintenance, the current budget is not sustainable over the long term and the City should begin to consider an exit plan if raising additional revenue is improbable.

Area 2
The last increase to the Area 2 assessments was last year. This increase included provision for future street preventative maintenance, and the fund remains in good shape this year. The current level of assessments is adequate to cover the costs of routine maintenance, provide for a fund reserve, and accumulate funds for future capital projects despite the increases in costs.

The budget for Area 2 will need to be monitored and reevaluated each year to ensure adequate funding levels are maintained.

FISCAL IMPACT
There is no fiscal impact to the City as long as the District remains solvent. If the District is not able to sustain and perform routine maintenance, the ultimate eventuality is that the streets would revert back to the City and the City would be responsible for the maintenance. The District would need to turn over streets that meet City standards which could result in a lien on each home for their share of the costs to bring the street improvements to current City standard. If the street system were to revert to the City, there would be perpetual maintenance responsibility thereafter. Should the Proposition 218 proceeding pass, assessment rates will increase by $219.00 per home per year in Benefit Area 1 (Renaissance neighborhood).

For Benefit Area 2, the current level of assessments is adequate to cover the costs of routine maintenance, provide for a fund reserve, and accumulate funds for future capital projects despite the increases in costs. The budget for Area 2 will need to be monitored and reevaluated each year to ensure adequate funding levels are maintained.

REASON FOR RECOMMENDATION
The fund balance for Benefit Area 1 is depleted and will not have a sustainable budget without an increase in assessments to provide the cash flow necessary for sustained routine maintenance or for future capital projects. Benefit Area 2 will have a positive cash flow for the upcoming fiscal year.

ACTIONS FOLLOWING APPROVAL
City staff will work with Francisco and Associates as well as Regency Property Management to begin the formal Proposition 218 proceeding in Benefit Area 1 of the Blackhorse Estates development. The remaining schedule is as follows:
1) May 3, 2023 - Mail notices and ballots to affected property owners within Benefit Area 1 (minimum of 45 days prior to Public Hearing).
2) June 19, 2022 – City Council Meeting
• Conduct Public Hearing and Deadline for property owners to submit ballots. 59 AGENDA ITEM NO. 14.
• Ballot Tabulation conducted at City Council chambers at the start of the item being heard.
• Declare Results of Ballot Tabulation and approve Final Engineer’s Report by the end of the item being heard.

Prepared by: Sean Smith, Supervising Civil Engineer
Reviewed by: City Manager JH
60 AGENDA ITEM NO. 14.

Benefit Assessment Area 1
Benefit Assessment Area 2
Alluvial Ave
N Minnewawa Ave
Athens Ave
Oak Ave
N Villa Ave
N Dartmouth Ave
Park Creek Dr
Minarets Ave
W Alluvial Ave
Chennault Ave
N Oxford Ave
N De Witt Ave
Bedford Ave
N Harvard Ave
N Cherry Ln
W Athens Ave
Birch Ave
W Bedford Ave
W Decatur Ave
N Perry Ave
N Fairfax Ave
Spruce Ave
N De Witt Ave
N Harvard Ave
N De Witt Ave
N Harvard Ave
N Cherry Ln
Park Creek Dr
N Minnewawa Ave
Bedford Ave
N Oxford Ave
N Harvard Ave
Bedford Ave
Athens Ave
Park Creek Dr
N Cherry Ln Birch Ave
Copyright nearmap 2015
O
1 " = 300 ' 5/28/2020
Assessment District 95-1
ATTACHMENT 1 ATTACHEMENT 2
Attachment 3 61
AGENDA ITEM NO. 14.

RESOLUTION 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2023-24,

AUTHORIZING THE CITY OF CLOVIS ENGINEERING DEPARTMENT TO CONDUCT A PROPERTY OWNER PROPOSITION 218 PROCEEDING, APPROVING THE FISCAL YEAR 2023-24 PRELIMINARY ENGINEER’S REPORT, AND SETTING A PUBLIC HEARING FOR JUNE 19, 2023 OR AT SUCH TIME THEREAFTER FOR BENEFIT ASSESSMENT DISTRICT NO. 95-1 (BLACKHORSE ESTATES)
WHEREAS, on May 1, 1995, the City Council approved Resolution 95-42 creating Benefit Assessment District 95-1 (hereafter referred to as the “District”) pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter of the California Government Code (commencing with Section 54703) (hereafter referred to as the “Act”). The District is comprised of the Blackhorse Estates development and is divided into Benefit Area 1 (Renaissance neighborhood) and Benefit Area 2 (Country View neighborhood); and WHEREAS, the District provides annual assessment revenue to fund the construction, operation, maintenance and servicing of street and landscaping facilities, including but not limited to, sidewalks, curbs and gutters, pavement, valley gutters, entrance control gates, median island landscaping, drainage inlets and street lights benefitting the parcels within the District; and
WHEREAS, the City Council proposes to conduct a Proposition 218 proceeding with property owners located within Benefit Area 1 (Renaissance neighborhood) to approve assessment increases needed to cover significant increases in maintenance costs due to inflation, provide funding for the City to maintain street, street lighting, and landscaping facilities at their current level, and also provide funding for future capital projects associated with Benefit Area 1 (Renaissance neighborhood); and
WHEREAS, the Preliminary Engineer’s Report for Fiscal Year 2023-24 has been presented to the City Council; and
WHEREAS, the City Council has reviewed the Preliminary Engineer’s Report as presented and is preliminarily satisfied with the Report, each and all the budget items and documents as set forth therein, and is satisfied that the levy amounts, on a preliminary basis, have been spread in accordance with the special benefit received from construction, operation, maintenance and servicing of public improvements to be performed within the District, as set forth in said Report.

Attachment 2
62 AGENDA ITEM NO. 14.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Clovis as follows:

1. Intention: The City Council hereby declares that it is its intention to seek the annual levy and collection of assessments of the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the annual costs associated with the District improvements. The City Council finds that the public’s best interest requires such levy and collection.

2. District Boundaries: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original District.

3. District Improvements: The public improvements include sidewalks, curbs and gutters, pavement, valley gutters, entrance control gates, median islands and landscaping in the median islands, drainage inlet structures, and streetlights located within the boundaries of the District.

4. Proposed Assessment Amounts: The proposed Fiscal Year 2023-24 assessments for the parcels within the District are outlined in the Engineer’s Report which details the proposed increases in annual assessments for Benefit Area 1 (Renaissance neighborhood) and the proposed annual assessments for Benefit Area 2 (Country View neighborhood).

5. Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District on Monday, June 19, 2023, at 6:00 p.m. or as soon thereafter as feasible at Clovis City Council Chambers, 1033 Fifth Street, Clovis, California.

6. Notice: The City shall give notice of the time and place of the Public Hearing to all affected property owners of the District in accordance with the requirements of Proposition 218 and by causing the publishing of this Resolution once in the local newspaper not less than ten (10) days before the date of the Public Hearing. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
63 AGENDA ITEM NO. 14.
* * * * *
The foregoing resolution of intent was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 1, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 1, 2023
______________________________ ______________________________ Mayor City Clerk
64 AGENDA ITEM NO. 14.

City of Clovis
Benefit Assessment District No. 95-1
Fiscal Year 2023-24
Preliminary Engineer’s Report
May 1, 2023
Attachment 3
65 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 TABLE OF CONTENTS

-iPage No.

Agency Directory ........................................................................................ii Certificates................................................................................................. iii SECTION I Introduction ..........................................................................1 SECTION II Engineer’s Report .................................................................3 Part A - Plans and Specifications.....................................................5 Part B - Estimate of Cost .................................................................6 Table 1 – Cost Estimate Benefit Area I (Renaissance)........7 Table 2 – Cost Estimate Benefit Area II (Country View) ......8 Part C - Assessment District Diagram..............................................9 Part D - Method of Apportionment of Assessment.........................11 Part E - Property List and Assessment Roll...................................14 Appendix A - Detailed Statement of Costs for Benefit Area I (Renaissance) Appendix B - Detailed Statement of Costs for Benefit Area II (Country View) Appendix C - Assessment Roll
66 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 AGENCY DIRECTORY

-iiCITY OF CLOVIS

AGENCY DIRECTORY
FISCAL YEAR 2023-24
City Council Members
Lynne Ashbeck
Mayor
Vong Mouanoutoua Matt Basgall
Mayor Pro-Tem Councilmember
Drew Bessinger Diane Pearce
Councilmember Councilmember
City Staff Members
John Holt
City Manager
Scott Cross Karey Cha
City Attorney City Clerk
Jay Schengel Mike Harrison
Finance Director City Engineer
Sean Smith
Supervising Civil Engineer
Francisco & Associates
Assessment Engineer
67 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 CERTIFICATES

-iiiENGINEER'S REPORT

CITY OF CLOVIS
ENGINEER’S REPORT FOR THE CITY’S
BENEFIT ASSESSMENT DISTRICT NO. 95-1
Fiscal Year 2023-24
The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer's Report as directed by the Clovis City Council pursuant to the provisions of the Benefit Assessment Act of 1982, Article XIIIC and XIIID of the California Constitution and pursuant to the Charter and Municipal Code of the City of Clovis. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: __April 6, 2023 By:

Eduardo Espinoza, P.E.

RCE # 40688
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram, thereto attached, was filed with me on the ________day of ____________, 2023.

Karey Cha, City Clerk
City of Clovis
Fresno County, California
By:

I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram, thereto attached, was approved and confirmed by the Council of the City of Clovis, Fresno County, California, on the ________ day of ____________, 2023, by adoption of Resolution No. _________.

Karey Cha, City Clerk
City of Clovis
Fresno County, California
By:

I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram, thereto attached, was filed in my office in the County of Fresno, on the ________ day of ____________, 2023.

Oscar J. Garcia, CPA, Auditor
Fresno County, California
By:
68 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION I
Fiscal Year 2023-24 INTRODUCTION

-1-

SECTION I

INTRODUCTION

ENGINEER'S REPORT

CITY OF CLOVIS
ENGINEER’S REPORT FOR THE CITY’S
BENEFIT ASSESSMENT DISTRICT NO. 95-1
Fiscal Year 2023-24
Background Information
To ensure the proper flow of funds for the ongoing operation, maintenance and servicing of specific improvements benefitting properties within the boundaries of the Benefit Assessment District No. 95-1 (“District”), the City Council, through the Benefit Assessment Act of 1982 (“1982 Act”), previously approved the formation of the District which includes two (2) benefit areas as described in this Engineer’s Report (“Report”).

Benefit Area I is comprised of the Renaissance development and Benefit Area II is comprised of the Country View development. Street and landscaping Street and landscaping improvements, which may be constructed, operated, maintained and serviced by the District, include, but are not limited to:

Sidewalks, curb and gutters, drainage inlets, paved sections, valley gutters, four entrance control gates and landscaping located at the Birch Avenue, Chennault Avenue, Oxford Avenue and Dartmouth Avenue entrances, and streetlights located within the boundaries of the District.

Generally, Developers as part of their development conditions, are required to construct improvements which benefit their development. However, the ongoing operation, maintenance, servicing and capital replacement of these improvements are financed through the levy of assessments on parcels within the District. As new developments occur, benefit areas may be created within the District to ensure the operation, maintenance, servicing and capital replacement of the improvements are specifically paid for by those property owners who directly benefit from those improvements.

Current Annual Administration
This Report includes the following for the ensuing fiscal year: (1) a general description of the improvements to be constructed, operated, maintained and serviced by the District, (2) an estimated budget to construct, operate, maintain and service the improvements, (3) the method used to distribute the costs to the benefiting property owners within the District, (4) a diagram of the District and associated benefit areas, and (5) listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District.

For FY 2023-24, the City Council proposes to increase the maximum annual assessment rate for parcels located within Benefit Area I (Renaissance). The purpose 69 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION I
Fiscal Year 2023-24 INTRODUCTION

-2-
of the proposed assessment rate increase is to keep up with significant increases in maintenance costs and accumulate funds to complete future sidewalk repairs and collect funds to perform future street maintenance projects.

The proposed increase in the assessment rate requires the City to conduct Proposition 218 property owner proceedings. The City will mail notices and ballots to the property owners within Benefit Area I (Renaissance) a minimum of 45 days prior to the Public Hearing set for June 19, 2023. At the Public Hearing, the City will provide an opportunity for any interested person to provide testimony. After the public input portion of the public hearing, the City Council will ask if there are any remaining ballots to be turned in or if anyone wants to change or withdraw their ballot. The ballots will then be tabulated. If a majority of the ballots returned do not oppose the assessment increase, the assessment increase may be approved by City Council for Benefit Area I (Renaissance). At the conclusion of the Public Hearing on June 19, 2023, the City Council may adopt a resolution confirming the Fiscal Year 2023-24 levy and collection of assessments for both benefit areas as originally proposed or as modified.

Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.
70 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION II
Fiscal Year 2023-24 ENGINEER'S REPORT

-3-

SECTION II

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982
SECTION 54703 THROUGH 54720

OF THE CALIFORNIA GOVERNMENT CODE
Pursuant to the Benefit Assessment Act of 1982 (Part 1 of Division 2 of Title 5 of the Government Code of the State of California), and in accordance with Resolution No. 23- ___ initiating proceedings for the levy and collection of assessments, ordering the preparation of the annual Engineer’s approving the Preliminary Engineer’s Report, and declaring the intention for levy and collection of assessments, adopted by the City Council of the City of Clovis, on May 1, 2023, and in connection with the proceedings for:

CITY OF CLOVIS
BENEFIT ASSESSMENT DISTRICT NO. 95-1
Herein after referred to as the “District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements to be financed by the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk of the City of Clovis and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates by reference a diagram of the District showing the boundaries of any benefit areas within the District and the lines and dimensions of each lot or parcel of land within the District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Fresno County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference and made part of this Report. 71 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION II
Fiscal Year 2023-24 ENGINEER'S REPORT

-4-
PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part contains the method of apportionment of assessments, based upon parcel classification of land within the District, in proportion to the estimated benefits to be received.

PART E: PROPERTY LIST AND ASSESSMENT ROLL
This part contains a list of the Fresno County Assessor’s parcel numbers, and the amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the Clovis City Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Fresno County Assessor, which are incorporated herein by reference.
72 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION II
Fiscal Year 2023-24 PART A

-5-
PART A

PLANS AND SPECIFICATIONS
The improvements, which have been constructed, and those which may be subsequently constructed, to be operated, maintained, and serviced under the District are generally described as follows:

Street and landscaping improvements consisting of, but not limited to, sidewalks, curb and gutters, drainage inlets, paved sections, valley gutters, four entrance control gates and landscaping located at the Birch Avenue, Chennault Avenue, Oxford Avenue and Dartmouth Avenue entrances, and streetlights located within the boundaries of the District.
73 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION II
Fiscal Year 2023-24 PART C

-6-
PART B

ESTIMATE OF COST
The 1982 Act requires that a special fund be set up for the collection of revenues and expenditures for the District. The 1982 Act provides that the total cost for the construction, operation, maintenance, and servicing of the street and landscaping improvements can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the District can also be included.

Revenues collected from the assessments within each benefit area shall be used only for the expenditures associated with each benefit area as authorized under the 1982 Act. Any balance remaining at the end of the fiscal year must be carried over to the next fiscal year.

Tables 1 and 2 below provide a summary of the total Fiscal Year 2023-24 estimated revenues and expenditures for each benefit area.

For a detailed breakdown on the revenues and expenditures for each benefit area within the District please refer to Appendix "A" and Appendix "B" in this report. 74 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION II
Fiscal Year 2023-24 PART C

-7-
TABLE NO. 1: BUDGET FOR FY 2023-24
BENEFIT AREA I (RENAISSANCE) - PROPOSED $219/YEAR INCREASE Projected Beginning Balance as of July 1, 2023: ($3,000) Revenue
Annual Assessments ($866 per Home) $38,970
Total Estimated Revenue for FY 2023-24: $35,970
Annual Expenditures(1)
Administrative Expenses (Office Supplies, Postage, etc.) ($600) Electronic Gate Maintenance/Repair ($1,500)
Telephone Cost ($1,500)
Street Sweeping ($650)
Landscape Maintenance & Irrigation Repairs ($7,800)
Electrical Power for Gate and Streetlights ($2,200)
Water Service ($1,800)
City Administration Costs ($2,000)
County Collection Fees ($8)
District Administrator ($9,840)
Assessment Engineering ($1,518)
Insurance ($950)
Annual Expenditures Subtotal: ($30,366)
Capital Improvement Projects
Gate Callbox and Firebox Replacement ($4,525)
Capital Improvement Projects Subtotal: ($4,525)
Total Estimated Expenses for FY 2023-24: ($34,891)
Estimated FY 2023-24 Reserve Collection: $4,079
Projected Ending Balance as of June 30, 2024: $1,079
Reserve Detail as of June 30, 2024
Recommended Operating Reserves(2) $15,183
Available Operating Reserves $1,079
Available Capital Reserves(3) $0
Assessment Rate (45 Parcels) $866.00
Notes:
(1) See Appendix "A" for a detailed description of expenses. (2) Operating reserves are needed because the City does not receive the assessment revenue from the County until halfway through the fiscal year. Therefore, it is recommended the City have an operating reserve to fund 6 months of the estimated annual expenditures anticipated to be incurred from July 1 through December 31 of each fiscal year.
(3) Capital reserve funds will be used for Capital Improvement Projects or to replace existing improvements once they have reached the end of their useful life. 75 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION II
Fiscal Year 2023-24 PART C

-8-
Projected Beginning Balance as of July 1, 2023: $34,529 Revenue
Annual Assessments $47,790
Total Estimated Revenue for FY 2023-24: $82,319
Annual Expenditures(1)
Administrative Expenses (Office Supplies, Postage, etc.) ($600) Electronic Gate Maintenance/Repair ($1,500)
Telephone Cost ($1,500)
Street Sweeping ($2,100)
Landscape Maintenance & Irrigation Repairs ($9,000)
Electrical Power for Gate and Streetlights ($2,800)
Water Service ($2,500)
City Administration Costs ($3,200)
County Collection Fees ($14)
District Administrator ($16,560)
Assessment Engineering ($2,732)
Insurance ($1,700)
Annual Expenditures Subtotal: ($44,206)
Capital Improvement Projects
Gate Callbox Replacement ($1,775)
Sidewalk Repairs ($10,373)
Capital Improvement Projects Subtotal: ($12,148)
Total Estimated Expenses for FY 2023-24: ($56,354)
Estimated FY 2023-24 Reserve Collection: ($8,564)
Projected Ending Balance as of June 30, 2024: $25,965
Reserve Detail as of June 30, 2024
Recommended Operating Reserves(2) $22,103
Available Operating Reserves $22,103
Available Capital Reserves(3) $3,862
Assessment Rate (81 Parcels) $590.00
Notes:
(1) See Appendix "B" for a detailed description of expenses. (2) Operating reserves are needed because the City does not receive the assessment revenue from the County until halfway through the fiscal year. Therefore, it is recommended the City have an operating reserve to fund 6 months of the estimated annual expenditures anticipated to be incurred from July 1 through December 31 of each fiscal year.
(3) Capital reserve funds will be used for Capital Improvement Projects or to replace existing improvements once they have reached the end of their useful life.

TABLE NO. 2: BUDGET FOR FY 2023-24

BENEFIT AREA II (COUNTRY VIEW)
76 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION II
Fiscal Year 2023-24 PART C

-9-
PART C

ASSESSMENT DISTRICT DIAGRAM
The boundary of the District is completely within the boundaries of the City of Clovis.

The Assessment Diagram for the two benefit areas is on file in the Office of the City Clerk of the City of Clovis and is shown on the following page of this Report. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Fresno County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. 77 AGENDA ITEM NO. 14.

Birch Ave
O
xford
Av
e
H
arv
ard
A
v
e
D
artm
o
uth
A
v
e
Oak Ave
Minarets Ave
Min
n
e
w
a
w
a
A
v
e
Park Creek Dr
Alluvial Ave
Legend
Street Lights
Electronic Gates
Benefit Assessment District Boundary
Landscape Maintenance Areas
Street Maintenance Areas
Parcel Lines
City of Clovis
Benefit Assessment District No. 95-1
Maintenance Improvement Diagram

BENEFIT

AREA II

BENEFIT
AREA I
±
0 200 400 600Feet
Chennault Ave
N Minn
e
w
a
w
a
Ave
78 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION II
Fiscal Year 2023-24 PART D

-11-
PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
This section explains the benefits to property from the street and landscaping improvements and the methodology used to apportion the costs to the benefitting properties within the District.

Discussion of Special Benefit
Part 1 of Division 2 of Title 5 of the Government Code, the Benefit Assessment Act of 1982, permits the establishment of assessment districts by local agencies for the purpose of providing certain public improvements and services which include the construction, operation, maintenance, and servicing of street and landscaping improvements.

Section 54711 of the Benefit Assessment Act of 1982 requires that assessments must be levied according to benefit rather than according to property value. This Section states:
“The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service.”
In addition, the 1982 Act permits the designation of zones or areas of benefit within any individual assessment district.

Article XIIID, Section 4(a) of the California Constitution (also known as Proposition 218) limits the amount of any assessment to the proportional special benefit conferred on the property.
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial and institutional activities.

Special versus General Benefit
In the absence of an annual assessment, the street and landscaping maintenance activities within each benefit area of the District would not be provided. All the assessment proceeds received from each benefit area will be utilized to fund the cost of 79 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION II
Fiscal Year 2023-24 PART D

-12-
providing a level of tangible “special benefits” in the form of property related services which benefit the individual properties with the District. The assessments are also structured to provide specific improvements within each benefit area that are of specific and special benefit to property within each benefit area.

The street and landscaping improvements in each benefit area of the District were specifically designed and constructed to provide vehicular access to properties within the respective benefit areas, and not the public at large. The boundaries of the benefit areas have been delineated to include only those parcels that receive a direct benefit from the street and landscaping improvements. Properties located outside the District benefit areas and the public at large do not benefit from the District street and landscaping improvements.

It is therefore concluded that all street and landscaping maintenance activities funded by the District are of special benefit to the benefiting properties located within the respective benefit areas of the District, and the value of the special benefits to property reasonably exceeds the assessment for every assessed parcel in the District. In other words, as required by Proposition 218: the reasonable cost of the proportional special benefit conferred on each parcel does not exceed the amount of the assessments.

Assessment Methodology
Proposition 218 requires that assessments must be based on the benefit the subject properties receive from the improvements being maintained. The improvements maintained by the District provide vehicular access and enhanced aesthetics to the properties within the District.

Each year, the City shall evaluate the conditions of the improvements to be maintained by the District and estimate the required maintenance and incidental costs to spread to the benefitting properties. A portion of the assessments collected may be set aside for significant capital improvement items, such as seal coats and street surface overlays.

The single-family residential parcel has been selected as the basic unit for the calculation of assessments since it represents all the assessable parcels within the District. All single-family residential parcels have been determined to experience equal vehicular access and enhanced aesthetics from the District street and landscaping improvements. There are 45 single-family residential parcels in Benefit Area I (Renaissance) and 81 single-family residential parcels in Benefit Area II (Country View) that will be assessed for the maintenance of the improvements. Therefore, the maintenance and incidental costs for Benefit Area I (Renaissance) will be equally spread to each of the single-family residential parcels within Benefit Area I (Renaissance) and the maintenance and incidental costs for Benefit Area II (Country View) will be equally spread to each of the single-family residential parcels within Benefit Area II (Country View).
80 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION II
Fiscal Year 2023-24 PART D

-13-
Below is a description of each of the benefit areas, their corresponding number and type of parcels within each benefit area, and the method of apportioning the costs of the District street and landscaping improvements to the benefiting parcels.

Benefit Area I (Renaissance)
Benefit Area I (Renaissance) is comprised of 45 single-family residential parcels. In Fiscal Year 2023-24, there are 45 assessable parcels, and the total assessment revenue needed to operate and maintain the improvements benefitting Benefit Area I (Renaissance) is $38,970. This results in the following proposed assessment that will be levied within Benefit Area I (Renaissance):

Fiscal Year 2023-24 Rate: $866.00/parcel
Benefit Area II (Country View)
Benefit Area II (Country View) is comprised of 81 single-family residential parcels. In Fiscal Year 2023-24, there are 81 assessable parcels, and the total assessment revenue needed to operate and maintain the improvements benefitting Benefit Area II (Country View) is $47,790. This results in the following proposed assessment that will be levied within Benefit Area II (Country View):

Fiscal Year 2023-24 Rate: $590.00/parcel
81 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1 SECTION II
Fiscal Year 2023-24 PART E

-14-
PART E

PROPERTY LIST AND ASSESSMENT ROLL
A list of the addresses of all parcels, and the description of each lot or parcel within the District is shown on the last equalized property tax roll of the Fresno County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the assessments apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the City Clerk of the City of Clovis and is shown in this Report as Appendix “C”.
82 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 APPENDIX A

APPENDIX A

DETAILED STATEMENT OF COSTS FOR

BENEFIT AREA I (RENAISSANCE)
83 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 APPENDIX A

A - 1

BENEFIT AREA I (RENAISSANCE)

DETAILED STATEMENT OF COSTS
The detailed description of costs for each of the improvements to be operated, maintained, and serviced in Benefit Area I (Renaissance), and those which may be subsequently operated, maintained, and serviced are generally described as follows:

Administrative Expenses
This item encompasses office expenses, postage, and printing that arises during the fiscal year described as follows:
• Office Expenses related to providing information for City Council meetings, quarterly financial reports to the City of Clovis, etc. • Postage for mailings of bills/invoices, checks to vendors, and community notices. • Printing of invoices, notices, announcements, reports, etc.

Based on historical data, the above-mentioned expenses are estimated to be $600 for Fiscal Year 2023-24.

Electronic Gate Maintenance
There are two electronic gates that will be maintained by Benefit Area I (Renaissance).

The estimated cost for electronic gate maintenance for Fiscal Year 2023-24 is $1,500 and funds costs related to drive-thru and pedestrian gate repairs and monthly maintenance.

Telephone Costs
Telephone costs correspond to monthly landline charges for the callbox located at the entrance gate which will be used by people at the gate to communicate with residents of Benefit Area I (Renaissance).

There are two gates. One gate is an "Enter Only" gate and the other is an "Exit Only" gate. There is only one telephone to be maintained at the "Enter Only" gate.

The telephone system is a private system and the cost for repair and replacement of the telephone equipment, when needed, will be paid from the capital reserve fund. The estimated cost to fund minor telephone repairs and AT&T billing is $1,500 for Fiscal Year 2023-24.
84 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 APPENDIX A
A - 2
Street Sweeping
The streets will be swept once every two months within Benefit Area I (Renaissance) for an estimated cost of $650 for Fiscal Year 2023-24.

Landscape Maintenance and Irrigation Repairs
The landscape services provided include monthly routine maintenance, fertilization, rye seeding, minor irrigation and sprinkler repairs, seasonal flowers at the gate entrance area, tree trimming as needed, and landscaping supplies.

The landscape maintenance areas for Benefit Area I (Renaissance) are located at the entrance gates off of Minnewawa Avenue and include maintenance of the following:
- median island planters along Chennault Avenue;
- landscape strips between sidewalk and curb along Chennault Avenue; - entrance area north and south of Chennault Avenue expanding from the sound walls between the gates and Minnewawa Avenue; and - landscape area located at the intersection of Minnewawa Avenue and Birch Avenue.

The total area of landscaping to be maintained is approximately 3,700 square feet and is shown on the Assessment District Diagram included in Part C this Report.

The total cost of landscape maintenance and minor irrigation and sprinkler repairs for Fiscal Year 2023-24 is estimated by the District Administrator to be $7,800.

Electrical Power for Gate and Streetlights
The total estimated cost for electrical power charges for gate operations and streetlights for Fiscal Year 2023-24 is $2,200.

Water Service
The estimated cost to provide water service for common areas associated with Benefit Area I (Renaissance) for Fiscal Year 2023-24 is $1,800.

City Administration Costs
The City of Clovis will have many responsibilities for the administration of the District.

Included in these costs are:
a. City Council Costs related to notices, hearings, etc. b. Attorney fees for the City Attorney to prepare the legal documents as are required for the operation of the District.
85 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 APPENDIX A

A - 3
c. Staff time for the preparation of documents necessary for the on-going operation of the District.
d. Staff time for the review of documents prepared by District Consultants as necessary for the on-going operations of the District.
e. Staff time related to the timely application of necessary maintenance and repairs as required.

Historically, the City of Clovis has assessed minimal charges to the District for their services. The estimated cost for Benefit Area I (Renaissance) City Administration for Fiscal Year 2023-24 is $2,000.

County Collection Fees
The costs from the County of Fresno related to the collection of assessments and transfer of funds to the City are $0.17 per parcel.

The total estimated cost for the County of Fresno collection fees for Fiscal Year 2023-24 is $8 (45 parcels x $0.17/parcel).

District Administrator
The District Administrator will provide administrative, financial, and operational services to manage the maintenance of improvements for Benefit Area I (Renaissance). The estimated cost for Benefit Area I (Renaissance) Administration is $9,840 for Fiscal Year 2023-24.

Assessment Engineering
The District Assessment Engineer is Francisco & Associates. They have a contract with the District to perform Benefit Area I (Renaissance) assessment engineering services for a lump sum of $1,518 for Fiscal Year 2023-24.

Insurance Costs
The District will carry property damage insurance for damage to the gates caused by an accident or vandalism and Comprehensive General Liability Insurance with Excess Coverage.

The property insurance is issued by State Farm Insurance Company. It provides for a maximum of $80,000 per occurrence for damage to the electronic gates with a $1,000 deductible.

The Comprehensive Liability Insurance is issued by State Farm Insurance Company, which has the following coverage:
86 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 APPENDIX A

A - 4
$3,000,000 General Aggregate
$3,000,000 Each Occurrence
$3,000,000 Personal Injury
$50,000 Fire Damage Legal Liability
The total estimated insurance cost or all insurance coverage as required for private gated communities including property and liability insurance for Fiscal Year 2023-24 is $950.

Capital Reserve
On the recommendation of the District Administrator and the City of Clovis Finance Department, the Capital Reserve was established to provide funding for future expenses that do not occur on an annual basis.

Included in the Capital Reserve are funds set aside for items including, but not limited to, roadway slurry seal maintenance, sidewalk repairs, gate repairs, and landscape upgrades.

The City of Clovis has recently completed or intends on completing the capital improvement projects shown below.

Capital Improvement Projects
Upon evaluation of current improvements and their remaining useful life, the City of Clovis and District Administrator assessed a need to utilize Capital Reserve to fund capital improvement projects.

In FY 2022-23, the following capital improvement projects were performed:
a. Roadway Slurry Seal
In FY 2023-24, assuming property owners approve the proposed assessment increase, the City of Clovis and District Administrator anticipate the following capital improvement projects:
a. Gate Call Box and Firebox Replacement with an estimated cost of $4,525.

In FY 2024-25, assuming property owners approve the proposed assessment increase, the City of Clovis and District Administrator anticipate the following capital improvement projects:
a. Sidewalk Repairs with an estimated cost of $10,400.
87 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 APPENDIX B

APPENDIX B

DETAILED STATEMENT OF COSTS FOR

BENEFIT AREA II (COUNTRY VIEW)
88 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 APPENDIX B

B - 1

BENEFIT AREA II (COUNTRY VIEW)

DETAILED STATEMENT OF COSTS
The detailed description of costs for each of the improvements to be operated, maintained, and serviced in Benefit Area II (Country View), and those which may be subsequently operated, maintained, and serviced are generally described as follows:

Based on historical data, the above-mentioned expenses are estimated to be $600 for Fiscal Year 2023-24.

Electronic Gate Maintenance
There are two electronic gates that will be maintained by Benefit Area II (Country View).

The estimated cost for electronic gate maintenance for Fiscal Year 2023-24 is $1,500 and funds costs related to drive-thru and pedestrian gate repairs and monthly maintenance.

There are two gates. One gate is an "Enter Only" gate and the other is an "Exit Only" gate. There is only one telephone to be maintained at the "Enter Only" gate.

The telephone system is a private system and the cost for repair and replacement of the telephone equipment, when needed, will be paid from the capital reserve fund. The estimated cost to fund telephone equipment repairs and AT&T billing is $1,500 for Fiscal Year 2023-24.
89 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 APPENDIX B

B - 2
Street Sweeping
The streets will be swept once every month within Benefit Area II (Country View) for an estimated cost of $2,100 for Fiscal Year 2023-24.

The landscape maintenance areas of Benefit Area II (Country View) are located at the entrance gates off of Alluvial Avenue and of the back gate on Dartmouth Avenue. The maintenance areas include the following:
- median island planters located at the entrance gates on Alluvial Avenue; - landscape strips between sidewalk and curb at the entrance gates on Alluvial Avenue;
- the entrance area north and south of Oxford Avenue expanding from the sound walls between the gates and Alluvial Avenue;
- turf area on the west side of Dartmouth Avenue between Oak Avenue and the gate; and
- entrance area on Alluvial Avenue, expanding between Dartmouth Avenue and the sound wall bordering Benefit Area II.

The total area of landscaping to be maintained is approximately 5,000 square feet and is shown on the Assessment District Diagram included in Part C of this Report.

The total cost of landscape maintenance and minor irrigation and sprinkler repairs for Fiscal Year 2023-24 is estimated by the District Administrator to be $9,000.

Electrical Power for Gate and Streetlights
The total estimated cost for electrical power charges for gate operations and streetlights for Fiscal Year 2023-24 is $2,800.

Water Service
The estimated cost to provide water service for common areas associated with Benefit Area II (Country View) for Fiscal Year 2023-24 is $2,500.

City Administration Costs
The City of Clovis will have many responsibilities for the administration of the District.

Included in these costs are:
90 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 APPENDIX B

B - 3
a. City Council Costs related to notices, hearings, etc. b. Attorney fees for the City Attorney to prepare the legal documents as are required for the operation of the District.
c. Staff time for the preparation of documents necessary for the on-going operation of the District.
d. Staff time for the review of documents prepared by District Consultants as necessary for the on-going operations of the District.
e. Staff time related to the timely application of necessary maintenance and repairs as required.

Historically, the City of Clovis has assessed minimal charges to the District for their services. The estimated cost for Benefit Area II (Country View) City Administration for Fiscal Year 2023-24 is $3,200.

County Collection Fees
The costs from the County of Fresno related to the collection of assessments and transfer of funds to the City is $0.17 per parcel.

The total estimated cost for the County of Fresno collection fees for Fiscal Year 2023-24 is $14 (81 parcels x $0.17/parcel).

District Administrator
The District Administrator will provide administrative, financial, and operational services to manage the maintenance of improvements for Benefit Area II (Country View). The estimated cost for Benefit Area II (Country View) Administration is $16,560 for Fiscal Year 2023-24.

Assessment Engineering
The District Assessment Engineer is Francisco & Associates. They have a contract with the District to perform Benefit Area II (Country View) assessment engineering services for a lump sum of $2,732 for Fiscal Year 2023-24.

Insurance Costs
The District will carry property damage insurance for damage to the gates caused by an accident or vandalism and Comprehensive General Liability Insurance with Excess Coverage.

The property insurance is issued by State Farm Insurance Company. It provides for a maximum of $80,000 per occurrence for damage to the electronic gates with a $1,000 deductible.
91 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 APPENDIX B

B - 4
The Comprehensive Liability Insurance is issued by State Farm Insurance Company, which has the following coverage:
$3,000,000 General Aggregate
$3,000,000 Each Occurrence
$3,000,000 Personal Injury
$50,000 Fire Damage Legal Liability
The total estimated insurance cost or all insurance coverage as required for private gated communities including property and liability insurance for Fiscal Year 2023-24 is $1,700.

Included in the Capital Reserve are funds set aside for items including, but not limited to, roadway slurry seal maintenance, sidewalk repairs, gate repairs, and landscape upgrades.

The City of Clovis has recently completed or intends on completing the capital improvement projects shown below.

In FY 2022-23, the following capital improvement projects were performed:
a. Roadway Slurry Seal
In FY 2023-24, the City of Clovis and District Administrator anticipate the following capital improvement projects:
b. Gate Callbox Replacement with an estimated cost of $1,775. c. Sidewalk Repairs with an estimated cost of $10,373.
92 AGENDA ITEM NO. 14.

Clovis Benefit Assessment District No. 95-1
Fiscal Year 2023-24 APPENDIX C

APPENDIX C

ASSESSMENT ROLL
93 AGENDA ITEM NO. 14.

CITY OF CLOVIS
ASSESSMENT DISTRICT NO. 1995-1
(Blackhorse Estates)
Assessment Roll
Fiscal Year 2023-24
Benefit Area
Assessor's
Parcel
Number
Assessment
Amount
Benefit
Area
Property
Owner
Property
Address
1 Tract
and Lot
562-151-08 $866.00 1 NISHIMURA GAREY 25 CHENNAULT AVE TR 4299 Lot 1 562-151-09 $866.00 1 REED SAMUEL H 45 CHENNAULT AVE TR 4299 Lot 2 562-151-10 $866.00 1 ANTARAMIAN PETER 65 CHENNAULT AVE TR 4299 Lot 3 562-151-11 $866.00 1 TWEDT BRIAN D & VICKIE L 85 CHENNAULT AVE TR 4299 Lot 4 562-151-12 $866.00 1 SYVERTSEN WILLIAM & CHERYLE L FAM TRUST 105 CHENNAULT AVE TR 4299 Lot 5 562-151-13 $866.00 1 HSIAO PAUL SHIHYEN & HSIN-CHING LIN 125 CHENNAULT AVE TR 4299 Lot 6 562-152-04 $866.00 1 NIMERI ABDELRAHMAN & SHAIMA 650 N CHERRY LN TR 4299 Lot 41 562-152-05 $866.00 1 SRA FAMILY 640 N CHERRY LN TR 4299 Lot 40 562-152-06 $866.00 1 DUNMORE JAMES L JR & TRACEE L 42 CHENNAULT AVE TR 4299 Lot 43 562-152-07 $866.00 1 HSIAO PAUL S 62 CHENNAULT AVE TR 4299 Lot 42 562-153-03 $866.00 1 TAKEDA VICTOR K & ANNE M TRUSTEES 665 N CHERRY LN TR 4299 Lot 18 562-153-04 $866.00 1 SIRIMARCO JAMES V III & DONNA M 655 N CHERRY LN TR 4299 Lot 19 562-153-05 $866.00 1 ROBERTSON STEPHEN W JR 635 N CHERRY LN TR 4299 Lot 20 562-153-06 $866.00 1 STAFFORD FRANKLIN H 611 N CHERRY LN TR 4299 Lot 21 562-153-07 $866.00 1 BIGLIERI JULIE M TRS 601 N CHERRY LN TR 4299 Lot 22 562-153-13 $866.00 1 KALMES BEAU AARON & BRITTANY STOKER 624 N OXFORD AVE TR 4299 Lot 12 562-153-14 $866.00 1 CHAVEZ MANUEL A & ROSSANNE C TRS 634 N OXFORD AVE TR 4299 Lot 13 562-153-15 $866.00 1 BURRI CHRISTINE ISKENDERIAN 644 N OXFORD AVE TR 4299 Lot 14 562-153-16 $866.00 1 SHIDIYWAH SAIF & HUDA 664 N OXFORD AVE TR 4299 Lot 15 562-153-17 $866.00 1 STAWARSKI DOUGLAS P & KAKELLY 684 N OXFORD AVE TR 4299 Lot 16 562-153-18 $866.00 1 LEE JOSEPH & MIN HEE 102 CHENNAULT AVE TR 4299 Lot 17 562-153-19 $866.00 1 CLARK JASON 614 N OXFORD AVE TR 4299 Lot 11 562-153-20 $866.00 1 JENSEN LAUREN 651 N OXFORD AVE TR 4299 Lot 10 562-153-21 $866.00 1 TILLEY SHARRON F TRUSTEE 671 N OXFORD AVE TR 4299 Lot 9 562-153-22 $866.00 1 SHARMA VISHAL & SHILPA 691 N OXFORD AVE TR 4299 Lot 8 562-153-23 $866.00 1 BROBST JAMES H & M ARLENE TRUSTEES 711 N OXFORD AVE TR 4299 Lot 7 562-153-24 $866.00 1 GILL SHERAZ 731 N OXFORD AVE Por of Lot 6 Clovis 562-161-01 $866.00 1 GANDY ANN TRUSTEE 610 N CHERRY LN TR 4299 Lot 37 562-161-02 $866.00 1 HEMMAN RONALD D & STEPHANIE J 620 N CHERRY LN TR 4299 Lot 38 562-161-03 $866.00 1 IBRAHIMI HARIS & MALALAI ZOLTANI 630 N CHERRY LN TR 4299 Lot 39 562-161-04 $866.00 1 GATES GINGER G 57 BIRCH AVE TR 4299 Lot 36 562-161-05 $866.00 1 O HARA MICHAEL & CYNTHIA 55 BIRCH AVE TR 4299 Lot 35 562-161-06 $866.00 1 DER HAROUTUNIAN VASKEN & LINA TRS 51 BIRCH AVE TR 4299 Lot 34 562-161-07 $866.00 1 YANG YIA 47 BIRCH AVE TR 4299 Lot 33 562-161-08 $866.00 1 HAMILTON BRENDA S 37 BIRCH AVE TR 4299 Lot 32 562-162-01 $866.00 1 TSAO DEREK & MONICA DU 94 BIRCH AVE TR 4299 Lot 23 562-162-02 $866.00 1 KHAN SAMIA 84 BIRCH AVE TR 4299 Lot 24 562-162-03 $866.00 1 CARUSO HILDA M 74 BIRCH AVE TR 4299 Lot 25 N\$Proj\Clovis\FY 22-23\Balckhorse BAD\Foxpro\Blkhrs2223proll.pdf C - 1 94 AGENDA ITEM NO. 14.

CITY OF CLOVIS
ASSESSMENT DISTRICT NO. 1995-1
(Blackhorse Estates)
Assessment Roll
Fiscal Year 2023-24
Benefit Area
Assessor's
Parcel
Number
Assessment
Amount
Benefit
Area
Property
Owner
Property
Address
1 Tract
and Lot
562-162-04 $866.00 1 BRONSON JAMES C & MICHELLE L 64 BIRCH AVE TR 4299 Lot 26 562-162-05 $866.00 1 HARDIN TAYLOR J & TETYANA S 54 BIRCH AVE TR 4299 Lot 27 562-162-06 $866.00 1 WEBER DAVID & MICHELLE 44 BIRCH AVE TR 4299 Lot 28 562-162-07 $866.00 1 THACKER BARBARA J TRUSTEE 34 BIRCH AVE TR 4299 Lot 29 562-162-08 $866.00 1 DOUGHERTY STEPHEN P & MONICA 24 BIRCH AVE TR 4299 Lot 30 562-162-09 $866.00 1 ROSENTHAL STEVE ANDREW 14 BIRCH AVE TR 4299 Lot 31 562-180-45 $866.00 1 GOTTLIEB DAVID ANDREW & VIRGINIA TRS 741 N OXFORD AVE TR 4668 Lot 18 TOTAL: 45 $38,970.00
N\$Proj\Clovis\FY 22-23\Balckhorse BAD\Foxpro\Blkhrs2223proll.pdf C - 2 95 AGENDA ITEM NO. 14.

CITY OF CLOVIS
ASSESSMENT DISTRICT NO. 1995-1
(Blackhorse Estates)
Assessment Roll
Fiscal Year 2023-24
Benefit Area
Assessor's
Parcel
Number
Assessment
Amount
Benefit
Area
Property
Owner
Property
Address
2 Tract
and Lot
562-153-25 $590.00 2 KUHL MICHAEL B 732 N HARVARD AVE TR 4661 Lot 28 562-153-26 $590.00 2 KEMP TIMOTHY F & SAUNDRA D 722 N HARVARD AVE TR 4661 Lot 27 562-153-27 $590.00 2 KONSTANZER KEVIN C & PAMELA S TRUSTEES 712 N HARVARD AVE TR 4661 Lot 26 562-153-28 $590.00 2 WEAVER JAMES & LISA TRUSTEES 692 N HARVARD AVE TR 4661 Lot 25 562-153-29 $590.00 2 PORTFOLIO MANAGEMENT SERVICES LLC 672 N HARVARD AVE TR 4661 Lot 24 562-153-30 $590.00 2 MAKEL JOHN T & RAQUEL 204 BIRCH AVE TR 4661 Lot 23 562-153-31 $590.00 2 HIRATA RYEN J & ERICA R JOHNSON TRS 214 BIRCH AVE TR 4661 Lot 22 562-153-32 $590.00 2 TURNBULL BRENT L & PATRICIA K TRS 234 BIRCH AVE TR 4661 Lot 21 562-153-33 $590.00 2 TRIFFON GARRETT 264 BIRCH AVE TR 4661 Lot 20 562-153-34 $590.00 2 AYDINYAN ARA 284 BIRCH AVE TR 4661 Lot 19 562-153-35 $590.00 2 ORTIZ KIRA 647 N DARTMOUTH AVE TR 4661 Lot 18 562-153-36 $590.00 2 L RODRIGUEZ R & T 667 N DARTMOUTH AVE TR 4661 Lot 17 562-153-37 $590.00 2 BICKEL BRUCE D TRUSTEE 687 N DARTMOUTH AVE TR 4661 Lot 16 562-153-38 $590.00 2 HOLGUIN GIL & KIM A 707 N DARTMOUTH AVE TR 4661 Lot 15 562-153-39 $590.00 2 MARTIN DARRELL B TRUSTEE 717 N DARTMOUTH AVE TR 4661 Lot 14 562-153-40 $590.00 2 ANALLA BRYAN G & MOLLY BLISS 727 N DARTMOUTH AVE TR 4661 Lot 13 562-153-41 $590.00 2 GUISTO NANCY A 737 N DARTMOUTH AVE TR 4661 Lot 12 562-155-01 $590.00 2 GATTIE BRADLEY H & KIRSTEN ANN TRS 673 N HARVARD AVE TR 4661 Lot 29 562-155-02 $590.00 2 GRAY LAURIE J & RANDALL M 676 N DARTMOUTH AVE TR 4661 Lot 30 562-155-03 $590.00 2 BREWER ADRIANNE M PETRUTIS & SCOTT M 696 N DARTMOUTH AVE TR 4661 Lot 31 562-155-04 $590.00 2 SLICK LEON H & SANDRA K 716 N DARTMOUTH AVE TR 4661 Lot 32 562-155-05 $590.00 2 HUDSON KIMBERLY SUE 726 N DARTMOUTH AVE TR 4661 Lot 33 562-155-06 $590.00 2 LEACH RONALD P & TRACY A 736 N DARTMOUTH AVE TR 4661 Lot 34 562-180-01 $590.00 2 KAHAL AMANDEEP 149 OAK AVE TR 4668 Lot 1 562-180-02 $590.00 2 MAINOCK RALPH H TRS 129 OAK AVE TR 4668 Lot 2 562-180-03 $590.00 2 ALCONCHER RONALD B & ANNA C TRS 99 OAK AVE TR 4668 Lot 3 562-180-04 $590.00 2 LOYD WILLIAM D & CYNTHIA L 89 OAK AVE TR 4668 Lot 4 562-180-05 $590.00 2 WALTER LOGAN PATRICK 69 OAK AVE TR 4668 Lot 5 562-180-06 $590.00 2 NOEL MIKE & TIFFANY 49 OAK AVE TR 4668 Lot 6 562-180-07 $590.00 2 DINATA VERONICA M & ANTONIUS J TRS 790 N CHERRY LN TR 4668 Lot 7 562-180-08 $590.00 2 THOMPSON CRAIG 780 N CHERRY LN TR 4668 Lot 8 562-180-09 $590.00 2 RATZLAFF CHRISTOPHER 770 N CHERRY LN TR 4668 Lot 9 562-180-10 $590.00 2 SILVA ANNA 760 N CHERRY LN TR 4668 Lot 10 562-180-11 $590.00 2 KATEIAN JANICE L TRS 750 N CHERRY LN TR 4668 Lot 11 562-180-12 $590.00 2 WESSON SANDRA C TRUSTEE 26 MINARETS AVE TR 4668 Lot 12 562-180-13 $590.00 2 LALLY GREGORY W & GRACE K TRUSTEES 46 MINARETS AVE TR 4668 Lot 13 562-180-14 $590.00 2 KEITH DIANA 66 MINARETS AVE TR 4668 Lot 14 562-180-15 $590.00 2 STONECIPHER KAREN TRUSTEE 86 MINARETS AVE TR 4668 Lot 15 N\$Proj\Clovis\FY 22-23\Balckhorse BAD\Foxpro\Blkhrs2223proll.pdf C - 3 96 AGENDA ITEM NO. 14.

CITY OF CLOVIS
ASSESSMENT DISTRICT NO. 1995-1
(Blackhorse Estates)
Assessment Roll
Fiscal Year 2023-24
Benefit Area
Assessor's
Parcel
Number
Assessment
Amount
Benefit
Area
Property
Owner
Property
Address
2 Tract
and Lot
562-180-19 $590.00 2 HOLTERMANN DARRIN PAUL & JENNIFER LEE 742 N HARVARD AVE TR 4668 Lot 19 562-180-20 $590.00 2 KARST DENNIS S & KATHERINE TRUSTEES 693 N HARVARD AVE TR 4668 Lot 20 562-180-21 $590.00 2 REY STEVEN F & JULIE L TRUSTEES 713 N HARVARD AVE TR 4668 Lot 21 562-180-22 $590.00 2 RAMOS STEPHEN A & JACQUELINE R 723 N HARVARD AVE TR 4668 Lot 22 562-180-23 $590.00 2 CAMPOS LILIA & ALEJANDRO 733 N HARVARD AVE TR 4668 Lot 23 562-180-24 $590.00 2 DU BOIS DIANE D 743 N HARVARD AVE TR 4668 Lot 24 562-180-25 $590.00 2 MORRIS ROGER GARY & ZENAIDA MAPANAO 753 N HARVARD AVE TR 4668 Lot 25 562-180-26 $590.00 2 KERN ANDREW C & NATALIE A TRS 197 MINARETS AVE TR 4668 Lot 26 562-180-27 $590.00 2 MORROW JOELENE ANN 187 MINARETS AVE TR 4668 Lot 27 562-180-28 $590.00 2 STANLEY MATTHEW 177 MINARETS AVE TR 4668 Lot 28 562-180-29 $590.00 2 CINO JOHN C 157 MINARETS AVE TR 4668 Lot 29 562-180-30 $590.00 2 DELCAMPO JANELLE MARIE 137 MINARETS AVE TR 4668 Lot 30 562-180-31 $590.00 2 OPIE SARA JOAN TRUSTEE 117 MINARETS AVE TR 4668 Lot 31 562-180-32 $590.00 2 RALEY EVELYN 97 MINARETS AVE TR 4668 Lot 32 562-180-33 $590.00 2 SCHARF DONALD R & DOROTHY D SPENCER 77 MINARETS AVE TR 4668 Lot 33 562-180-34 $590.00 2 BESTON LAURENCE O & MARYBETH TRS 57 MINARETS AVE TR 4668 Lot 34 562-180-35 $590.00 2 DUCAR FRANK LEROY & GINNIE ILENE TRS 58 OAK AVE TR 4668 Lot 35 562-180-36 $590.00 2 HOFER FERDINAND & ANTJE TRUSTEES 78 OAK AVE TR 4668 Lot 36 562-180-37 $590.00 2 JACKSON LEANNE RAE TRUSTEE 98 OAK AVE TR 4668 Lot 37 562-180-38 $590.00 2 BELLOW CHERYL 118 OAK AVE TR 4668 Lot 38 562-180-39 $590.00 2 DANSBY PAUL 138 OAK AVE TR 4668 Lot 39 562-180-40 $590.00 2 CENTRAL PACIFIC INVESTMENT CORPORATION 158 OAK AVE TR 4668 Lot 40 562-180-41 $590.00 2 KRUEGER TIMOTHY K 178 OAK AVE TR 4668 Lot 41 562-180-42 $590.00 2 HULL HARLAN & ROBIN 188 OAK AVE TR 4668 Lot 42 562-180-43 $590.00 2 DEWEY CARL C 198 OAK AVE TR 4668 Lot 43 562-180-44 $590.00 2 HAMES KENT L TRUSTEE 106 MINARETS AVE TR 4668 Lots 16 & 17 562-180-46 $590.00 2 MANALANSAN EDUARDO L & ROSEMARIE M 179 OAK AVE TR 4661 Lot 1 562-180-47 $590.00 2 AULT PHILIP H & COLLEEN K 189 OAK AVE TR 4661 Lot 2 562-180-48 $590.00 2 HAUS SPENCER N & CATHLEEN J 219 OAK AVE TR 4661 Lot 3 562-180-49 $590.00 2 BREWER RANDALL C & CHERI L TRUSTEES 249 OAK AVE TR 4661 Lot 4 562-180-50 $590.00 2 ENG MICHAEL S & PEARL K MA TRUSTEES 269 OAK AVE TR 4661 Lot 5 562-180-51 $590.00 2 KUYPER JASON J 797 N DARTMOUTH AVE TR 4661 Lot 6 562-180-52 $590.00 2 LOPEZ EMILIO & CRISTINA 787 N DARTMOUTH AVE TR 4661 Lot 7 562-180-53 $590.00 2 BESECKER RICHARD A & MARCIE E TRS 777 N DARTMOUTH AVE TR 4661 Lot 8 562-180-54 $590.00 2 WILLIAMS RICHARD E & LOLA T TRS 767 N DARTMOUTH AVE TR 4661 Lot 9 562-180-55 $590.00 2 STUEBNER KRIS & PRISCILLA 757 N DARTMOUTH AVE TR 4661 Lot 10 562-180-56 $590.00 2 CRUZ RAMIRO 747 N DARTMOUTH AVE TR 4661 Lot 11 562-180-57 $590.00 2 HOODE SUMANGALI 746 N DARTMOUTH AVE TR 4661 Lot 35 N\$Proj\Clovis\FY 22-23\Balckhorse BAD\Foxpro\Blkhrs2223proll.pdf C - 4 97 AGENDA ITEM NO. 14.

TO: Mayor and City Council
FROM: Police Department
DATE: May 1, 2023
SUBJECT: Consider Denial – A request to allow backyard chickens in the City of Clovis.

Staff: George Rodriguez, Police Services Manager
Recommendation: Deny
ATTACHMENTS: None

RECOMMENDATION
To maintain the current City Municipal Code and not make any adjustments to allow for Backyard Chickens.

EXECUTIVE SUMMARY
The Clovis Police Department Animal Services Division has prepared a brief report about Backyard Chickens for Council discussion and consideration.

BACKGROUND
During Council Comments at the May 11, 2020, Council Meeting, former Councilmember Whalen requested staff evaluate amending the City’s current ordinance that bans chickens in the City limits. On June 1, 2020, the Animal Services Division presented a brief report on this topic for Council consideration and Council directed staff to prepare draft amendments to allow for backyard chickens. On July 20, 2020, Clovis Animal Services presented a report to Council to amend the City of Clovis Municipal Code to allow for backyard chickens. After discussion, Council decided to bring back this item in one year. On April 5, 2021, former Councilmember Whalen stated he would not propose this ordinance again because the City of Bakersfield had pursued the same amendments and it brought about an Environmental Impact Report and litigation. On March 20, 2023, Council again requested to put consideration of allowance of 99 AGENDA ITEM NO. 15.
backyard chickens on the agenda. Staff is recommending denial of the request for backyard chickens due to an increase in the demand for Animal Control Officers, Community Service Officers, and Police Officers to respond to calls for service. This will contribute to an increased need to allocate additional resources from the General Fund.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Allowing Backyard Chickens will increase the demand for Animal Control Officers, Community Service Officers, and Police Officers to respond to calls for service. This will contribute to an increased need to allocate additional resources from the General Fund.

ACTIONS FOLLOWING APPROVAL
None.

Prepared by: George Rodriguez, Police Services Manager
Reviewed by: City Manager JH
100
AGENDA ITEM NO. 15.

TO: Mayor and City Council
FROM: Police Department
DATE: May 1, 2023
SUBJECT: Consider items associated with the Annual Military Equipment Report. a. Annual Review of Ordinance 22-03, Clovis Police Department Policy 706, and the 2023 Annual Military Equipment Report.
b. Approval - Res. 23-___, Renewing Ordinance 22-03 and Clovis Police Department Policy 706.

Staff: Curt Fleming, Chief of Police / Craig Aranas, Police Lieutenant Recommendation: Approve
ATTACHMENTS: 1. Ordinance 22-03

2. Policy 706 of the Clovis Police Department Policy Manual

3. 2023 Annual Military Equipment Report

4. Res. 23-___, Renewing Ord. 22-03 and Police Department Policy 706

RECOMMENDATION
Staff recommends that the City Council renew the ordinance adopting our Police Department Military Equipment Use Policy in accordance with AB 481.

EXECUTIVE SUMMARY
Staff recommends that the City Council approve the Military Equipment Use Policy, Policy 706 of the Clovis Police Department Policy Manual, and the Annual Military Equipment Report. The Policy and ordinance which adopted the Policy must be renewed annually to allow the Department to continue using existing military equipment in the Department’s inventory and acquire new equipment for operational needs. Policy 706, Ordinance 22-03, and the Annual Military Equipment Report comply with the requirements of AB 481 (codified in Gov. Code 101
AGENDA ITEM NO. 16.
section 7072) and each type of equipment identified in the Annual Report has complied with the applicable standards in Government Code section 7071(d).

Department Policy 706 was adopted by Ordinance 22-03 last year in compliance with AB 481. “Military equipment” is defined to include, without limitation, the following equipment: unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, flashbangs, and foundational equipment, such as rifles. This equipment is used as a component of overall best practices for law enforcement agencies throughout the country. Authorization to continue using this equipment is necessary to protect the safety and welfare of the public and peace officers within the City.

There is a significant interest in ensuring that the Department continues to have access to equipment that provides the Department as many resources as possible to safeguard lives, ensure safety, and protect civil liberties. The use of military equipment is crucial to the Department’s mission and will continue to be strictly regulated through internal processes and oversight, transparency, and City Council and public review.

BACKGROUND
On January 1, 2022, Governor Newsom signed into law AB 481, codified in Government Code sections 7070 through 7075. This new law requires law enforcement agencies to obtain approval from the applicable governing body of a military equipment use policy (adopted by ordinance) before obtaining funding, acquiring, or using military equipment.

The Department seeks City Council’s approval of Policy 706 (Attachment 2), by renewing Ordinance 22-03 (Attachment 1), so that the Department is authorized to continue using the equipment as specified in the Policy. The purpose of Policy 706 is to safeguard the public’s welfare, safety, civil rights, and civil liberties. Policy 706 ensures that there are adequate safeguards in place for the use of such equipment, including transparency, oversight, and accountability.

Policy 706 includes an inventory of each piece of equipment identified in Government Code section 7070 that is currently owned by the City, and the current use and cost of each piece of equipment. Policy 706 also allows for other law enforcement agencies to use military equipment when assisting in Clovis as long as the assisting agency has a similar military equipment use policy adopted by its governing body.

As required by AB 481, Policy 706 has been posted on the Department’s website. If Policy 706 is re-approved, it will remain posted and publicly available on the Department’s website along with the Annual Report, for as long as the military equipment is available for use.

As a result of the approval of Policy 706 last year, AB 481 requires the Department to annually submit a military equipment report for each approved type of military equipment to the City Council for as long as the military equipment is available for use. Additionally, the Department must make each annual report publicly available on its website for as long as the equipment is available for use. The annual report must be presented to and reviewed by the City Council at a 102
AGENDA ITEM NO. 16.
regular meeting each year, and the City Council must determine at the annual meeting whether each type of military equipment identified in the report continues to comply with the standard of approval, and determine whether to renew the ordinance approving Policy 706.

The Annual Report (Attachment 3) contains a comprehensive list of each type of equipment owned by the City and contains all required information in accordance with Government Code section 7072. Future acquisition of any equipment deemed to be “military equipment” will comply with applicable funding and procurement requirements.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Department Policy 706, the Annual Military Equipment Use Report, and the adopting ordinance meet the requirements of Assembly Bill 481 (Government Code sections 7071-7072), and approval will allow the Department to continue using its existing military equipment to safeguard the public and officers.

ACTIONS FOLLOWING APPROVAL
The Department will continue to use its existing military equipment in accordance with Policy 706 after approval of the Military Equipment Use Report and renewal of Ordinance 22-03.

Prepared by: Craig Aranas, Police Lieutenant
Reviewed by: City Manager JH
103
AGENDA ITEM NO. 16.

ORDINANCE 22-03

AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CLOVIS ADOPTING

A MILITARY EQUIPMENT USE POLICY
The City Council of the City of Clovis does hereby ordain as follows:

SECTION 1. Findings.

The City Council finds:

A. On September 30, 2021, Govemor Gavin Newsom signed into law Assembly Bill 481, which codified procedures of funding, acquisition and use of military equipment by law enforcement agencies under Government Code sections 7070 through 7075.

B. Assembly Bill 481 requires law enforcement agencies to obtain approval from the applicable governing body by ordinance adopting a military equipment use policy prior to taking certain actions relating to funding, acquisition, or use of military equipment.

C. Assembly Bill 481 allows a city council of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations pursuant to Government Code section 7071.

D. Assembly Bill 481 requires law enforcement agencies to annually submit to the applicable governing body a military equipment report for each approved type of military equipment for as long as the military equipment is available for use, and to make each annual report publicly available on its website for as long as the equipment is available for use.

E. Assembly Bill 481 requires a city council that has adopted an ordinance approving a military equipment use policy to annually review the military equipment report submitted by the law enforcement agency to determine whether each type of military equipment identified in the report continues to comply with the standard of approval.

F. Assembly Bill 481 requires a city council that has adopted an ordinance approving a military equipment use policy to annually review the ordinance and vote on whether to renew the ordinance at a regular meeting.

G. Policy 706 of the Clovis Police Department Policy Manual has been prepared by the Clovis Police Department as its proposed military equipment use policy, and it has been published on the Clovis Police Department's page of the City's internet website since March 18, 2022.

H. A duly noticed public meeting was conducted by the City Council at its regular meeting on April 18, 2022, to consider Policy 706.

ATTACHMENT 1 104
AGENDA ITEM NO. 16.

SECTION 2. Determinations.

A. Based on the above-findings and the information provided to and considered by the City Council during the public meeting, the City Council determines that Policy 706 of the Clovis Police Department Policy Manual complies with the following standards for approval under Government Code section 7071:

1. The identified military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Policy 706 of the Clovis Police Department Policy Manual will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. The purchase and use of the identified military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. All military equipment use prior to the adoption of Policy 706 of the Clovis Police Department Policy Manual complied with applicable Department policy in effect at that time, and adoption of Policy 706 will ensure future compliance.

B. Policy 706 of the Clovis Police Department Policy Manual is approved and adopted.

SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption but will not be codified in the City's Municipal Code.

SECTION 4. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one Insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption and again fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted, and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.

APPROVED: April 18, 2022
Mayor Pro Tern
105
AGENDA ITEM NO. 16.

The foregoing Ordinance 22-03 was introduced at a regular meeting of the City Council of the City of Clovis held on April 18, 2022, and was thereafter duly adopted at a regular meeting of said City Council held on May 9, 2022, by the following vote, to wit:

AYES: Councilmembers Ashbeck, Mouanoutoua, Whalen
NOES: None
ABSENT: Councilmember Besslnger, Mayor Flores
ABSTAIN: None
DATED: May 9, 2022
106
AGENDA ITEM NO. 16.

ATTACHMENT 2
107
AGENDA ITEM NO. 16.
108
AGENDA ITEM NO. 16.
109
AGENDA ITEM NO. 16.
110
AGENDA ITEM NO. 16.
111
AGENDA ITEM NO. 16.
112
AGENDA ITEM NO. 16.
113
AGENDA ITEM NO. 16.
114
AGENDA ITEM NO. 16.
115
AGENDA ITEM NO. 16.
116
AGENDA ITEM NO. 16.
117
AGENDA ITEM NO. 16.
118
AGENDA ITEM NO. 16.
119
AGENDA ITEM NO. 16.
120
AGENDA ITEM NO. 16.
121
AGENDA ITEM NO. 16.
122
AGENDA ITEM NO. 16.
123
AGENDA ITEM NO. 16.
124
AGENDA ITEM NO. 16.

ATTACHMENT 3
125
AGENDA ITEM NO. 16.
126
AGENDA ITEM NO. 16.
127
AGENDA ITEM NO. 16.
128
AGENDA ITEM NO. 16.
129
AGENDA ITEM NO. 16.
130
AGENDA ITEM NO. 16.
131
AGENDA ITEM NO. 16.
132
AGENDA ITEM NO. 16.
133
AGENDA ITEM NO. 16.
134
AGENDA ITEM NO. 16.
135
AGENDA ITEM NO. 16.
136
AGENDA ITEM NO. 16.
137
AGENDA ITEM NO. 16.
138
AGENDA ITEM NO. 16.
139
AGENDA ITEM NO. 16.
140
AGENDA ITEM NO. 16.
141
AGENDA ITEM NO. 16.
142
AGENDA ITEM NO. 16.
143
AGENDA ITEM NO. 16.
144
AGENDA ITEM NO. 16.
145
AGENDA ITEM NO. 16.
146
AGENDA ITEM NO. 16.
147
AGENDA ITEM NO. 16.
148
AGENDA ITEM NO. 16.
149
AGENDA ITEM NO. 16.
150
AGENDA ITEM NO. 16.
151
AGENDA ITEM NO. 16.
152
AGENDA ITEM NO. 16.
153
AGENDA ITEM NO. 16.
154
AGENDA ITEM NO. 16.
155
AGENDA ITEM NO. 16.

ATTACHMENT 4
RESOLUTION 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
RENEWING ORDINANCE 22-03 AND POLICY 706 OF THE CLOVIS POLICE

DEPARTMENT POLICY MANUAL AUTHORIZING THE USE MILITARY EQUIPMENT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7070, ET SEQ.

WHEREAS, the City Council adopted Clovis Police Department Policy 706 (Military Equipment Use) with the adoption of Ordinance 22-03 on May 2, 2022; and WHEREAS, in accordance with Government Code section 7070, et seq., enacted by AB 481, the Police Department has prepared the 2023 Annual Military Equipment Report (“Annual Report”), which is incorporated herein by reference, for review by the City Council; and
WHEREAS, at its regular meeting on May 1, 2023, the City Council duly reviewed the Annual Report, Ordinance 22-03, and Policy 706, and reviewed the associated staff report, and considered all public input and other information pertaining to the Annual Report and the authorization to use military equipment presented at the meeting.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clovis determines and resolves as follows:

1. Based on the Annual Report, the City Council determines that each type of military equipment identified in the Annual Report has complied with the applicable standards for approval as set forth in Government Code section 7071, subd. (d).

2. Policy 706 of the Police Department Manual and Ordinance 22-03, which adopted Policy 706 on May 1, 2022, are hereby renewed.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 1, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
156
AGENDA ITEM NO. 16.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 1, 2023
SUBJECT: Consider various items associated with approximately 1.04 acres of land located on the north side of Alluvial Avenue, between Sunnyside and Fordham Avenues. Stallion Development and Construction – Arman Zakaryan, owner/applicant; Dan Zack, representative.
a. Consider vacating the denial of GPA2022-001 from the March 6, 2023, Council meeting with a vote of 3-1-1 where Councilmember Mouanoutoua voted against the denial and where Councilmember Pierce was absent.
b. Reconsider Approval - Res. 23-___, GPA2022-001, A request to amend the General Plan to re-designate the subject property from the Low Density Residential (2.1-4.0 DU/Ac) classification to the Medium High (7.1-15.0 DU/Ac) classification.
c. Reconsider Introduction - Ord. 23-___, R2022-001, A request to rezone the subject property from the R-1-7500 (Single-family Residential, 7,500 sf) Zone District to the R-2 (Multifamily Medium-High Density Residential) Zone District.

Staff: Lily Cha, AICP, Senior Planner
Recommendation: Approve
ATTACHMENTS: 1. Draft Resolution, GPA2022-001

2. Draft Ordinance, R2022-001

3. March 6, 2023, Staff Report

4. Alluvial Avenue Restriping Concept

5. New Building Elevations
157
AGENDA ITEM NO. 17.

RECOMMENDATION
Staff recommends that the City Council take the following actions regarding the project:
 Vacate the previous denial of GPA2022-001 from the March 6, 2023, meeting; and  Approve General Plan Amendment GPA2022-001; and
 Approve Rezone R2022-001.

EXECUTIVE SUMMARY
The Council requested the reconsideration of GPA2022-001 and R2022-001 that were denied at the March 6, 2023, meeting. Both entitlement applications are associated with a proposed 12- unit multifamily development on a 1.04-acre parcel that is located north of Alluvial Avenue, between Sunnyside and Fordham Avenues. See Figure 1 below. GPA2022-001 is a request to modify the land use designation of the property from the Low Density Residential (2.1-4.0 DU/Ac) designation to the Medium High Density Residential (7.1-15.0 DU/Ac) designation. And R2022- 001 is the request to rezone the property from the R-1-7500 (Single-family Residential, 7,500 sf) Zone District to the R-2 (Multifamily Medium-High Density Residential) Zone District. The proposed changes are required for the multifamily development. If approved, the applicant will proceed with the multifamily site plan review process where site specific details of the development are reviewed by staff.
158
AGENDA ITEM NO. 17.

BACKGROUND
This item and the associated environmental finding were considered by the Council at its March 6, 2023, meeting. Previously, the Planning Commission heard and recommended approval of the project at its meeting on January 26, 2023. The environmental finding for the Mitigated Negative Declaration that was prepared for the project was approved by the Council with a 4-0- 1 vote, with Councilmember Pierce absent at the March 6, 2023 meeting. GPA2022-001 was denied without prejudice by the Council with a 3-1-1 vote. Consequently, no action was taken for R2022-001 since its consideration is contingent upon approval of GPA2022-001. The concerns leading to the denial of the project are discussed in the body of this report.

At the April 3, 2023, Council meeting, Mayor Ashbeck initiated discussion for the Council to consider re-hearing the subject item and requested that staff provide additional and updated information relating to the project. Councilmembers unanimously agreed to reconsider the item.

The costs associated with staff time and public noticing for the reconsideration are borne by the City, as application fees are not imposed on projects that are initiated for reconsideration by the City Council. There is no adopted fee in the fee schedule for the reconsideration of a project.

PROPOSAL AND ANALYSIS
The project includes a request for a general plan amendment and rezone to allow for a 12-unit multifamily residential development on a 1.04-acre parcel located north of Alluvial Avenue, between Sunnyside and Fordham Avenues. Additional project information can be found in the initial staff report to the City Council dated March 6, 2023, and provided as Attachment 3 to this report.

The intent of this report is to provide Council with additional information and clarification on discussion topics that occurred at the March 6, 2023, Council meeting.

Alluvial Avenue Traffic Concerns
Because the project proposes an increase in density, a traffic trip generation analysis was performed to determine and document the need for a full traffic study. The analysis compared the project trip generation to the trip generation that would be imposed if a 4-unit single family was to be built on the parcel. The result of that comparison is shown in the table below. This minimal increase in trips, especially during peak traffic hours, is below any thresholds that would require a full traffic study to be performed.

A concern expressed by neighbors living in the area and Council members is the potential for vehicle accidents because of the existing Alluvial Avenue configuration. The stretch of Alluvial Avenue, between Sunnyside and Fowler Avenues is primarily developed with four lanes with two 159
AGENDA ITEM NO. 17.
eastbound lanes and two westbound lanes. However, this four-lane configuration is interrupted on an approximately 1000-foot-long stretch located in the middle of this section of Alluvial Avenue. In this stretch, the eastbound lanes converge from two lanes to one lane. This transition occurs near the area where Fordham Avenue intersects with Alluvial Avenue. Concerns with this configuration stem from eastbound vehicles having to stop to turn left onto Fordham Avenue as the street also converges into a single lane. The existing configuration is the result of an undeveloped stretch of property along the south side of Alluvial Avenue. See Figure 2 and 2a.

The City has been unable to acquire this property for right-of-way improvements because of the existing underground lines associated with the telecommunication tower on the site.

FIGURE 2 – Alluvial Avenue Section
FIGURE 2a – Eastbound Alluvial Avenue
Although the traffic report conducted for this project did not address the street configuration as an issue, Councilmembers felt that this concern was significant enough to warrant an action plan. During the Council’s discussion on March 6th, Councilmember Bessinger requested that staff review options for alleviating this issue and return with a report to the Council, as he was not comfortable considering approval of additional development in the area with this existing setting.
160
AGENDA ITEM NO. 17.

As indicated earlier in this section, the acquisition and construction of this section of Alluvial Avenue to its full potential is not feasible. An interim design that may alleviate this traffic concern is the addition of a two-way left-turn lane (TWLTL). A TWLTL will remove left turning vehicles from the through lanes and therefore may reduce accident potential. A concept of how this configuration could look is provided as Figure 3 below. The concept is also provided as Attachment 4. It is important to understand that while this design may help to alleviate the existing traffic concern, it may create other conflicts. For example, in Figure 3, both eastbound and westbound traffic may conflict when using the TWLTL to turn into Fordham Avenue on the north side of Alluvial and Fordham Avenue to the south side of Alluvial. The project to resurface Alluvial Avenue between Sunnyside and Fowler has been included in the proposed CIP budget with design slated for 23-24 and construction in 24-25. It is expected that construction would occur in the Summer of 2024. As part of that project, the TWLTL striping configuration will be evaluated and included in the design as appropriate.

FIGURE 3 – Alluvial Avenue Restriping Concept
Adjacent Church Site
At the March 6, 2023, City Council meeting, staff referred to development surrounding the project site including the existing church site that abuts the subject property’s western property line.

Although reference to the church and its future expansion was made, a visual representation of the planned buildout was not provided. Figure 4 depicts, in concept, the eventual buildout of the church site as approved by CUP2010-03. The conditional use permit was approved by the Planning Commission on July 22, 2010. It approved the church use for the site and conceptually approved the planned site layout of the church campus. The site itself is about 4.6 acres in area.

The site layout includes the existing 2,980 square foot residence that is currently used as the main prayer and meditation center, planned buildings including an approximately 3,200 square foot kitchen facility, and a 20,000 square foot social meeting hall. Recent development activities by the church include a permit for the construction of the kitchen building. Further expansion is planned to take place incrementally and as funding permits. 161
AGENDA ITEM NO. 17.

FIGURE 4 – Church Site
Proposed Building Elevations
Although consideration of the project is specific to land use and zoning changes, staff presented the project to the City Council with the proposed building elevations. Physical details are intended to demonstrate the realistic development capacity of a project and confirm whether a project could meet the proposed land use designation and zoning district standards. For example, building elevations could be used to confirm whether a project could be developed without the need to exceed the maximum building height. In all, project-specific details can help assist staff with making General Plan findings such as a parcel’s physical suitability for the requested/ anticipated project.

During the March 6, 2023, Council meeting, a comment was made that the proposed building design deviates from the characteristics of the existing neighborhood. Mayor Ashbeck requested that the applicant redesign the project elevations to better suit the surrounding residential environment. The applicant reworked the building design, updating its form, color, and materials (Attachment 5). The roofline was changed from the original flat roof to a cross-gabled roof. This update significantly changed the overall building form to be more complementary to the form of the surrounding residences. Colors and materials were also updated from the earth-toned stucco finish and faux wood cladding to a combination of a creamy white stucco and stone veneer.

Figure 5 is a depiction of the original building design and the updated building design. 162
AGENDA ITEM NO. 17.

FIGURE 5 – Elevations
General Plan Policy 3.6
A neighbor speaking in opposition to the project at the March 6, 2023, Council meeting referenced Policy 3.6. The speaker pointed out that the project is not consistent with this policy because it only allows for projects to deviate one density level and this project is requesting to deviate two density levels. The specific language included in Policy 3.6 is as follows:

Policy 3.6 Mix of housing types and sizes. Development is encouraged to provide a mix of housing types, unit sizes, and densities at the block level. To accomplish this, individual projects five acres or larger may be developed at densities equivalent to one designation higher or lower than the assigned designation, provided that the density across an individual project remains consistent with the General Plan.

As outlined above, Policy 3.6 encourages development to provide a mix of housing types. To accomplish this, the policy allows for development projects of five acres or greater to develop at densities that are of one designation higher or lower from the assigned designation without having to amend the General Plan land use diagram. However, the project’s overall blended density must remain consistent with that of the designated land use. This is commonly referred to as “density averaging” or using a “blended density”. 163
AGENDA ITEM NO. 17.

Because the project proposes a general plan amendment to increase the overall density and does rely on density averaging, the concern cited by the speaker is not applicable. The request to amend the general plan designation is not limited to one designation higher or lower than the existing designation. Staff did not have the opportunity to clarify the policy to the Council which may have impacted Council members’ perception of the project. This section is intended to clarify the intent of the policy.

Public Notice
The City published a notice of this public hearing in The Business Journal on Wednesday, April 12, 2023. Individual notices were also mailed to property owners within 800 feet of project site.

California Environmental Quality Act (CEQA)
The City Council approved the environmental finding of a mitigated negative declaration for the project at its March 6, 2023, meeting. In summary, environmental impacts were determined to be less than significant with implementation of mitigation measures for biological resources, cultural resources, geological resources, and tribal cultural resources. An electronic copy of the initial study prepared for this project may be requested from the Planning Division or is accessible from the City Council meeting agenda packet for the March 6, 2023, City Council meeting at the City’s website: https://cityofclovis.com/government/city-council/city-councilagendas/. Please refer to Attachment 8 of the staff report dated March 6, 2023, for public hearing Item 12.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The proposed infill development will provide additional housing, alternative housing type, and a quality residential environment for this area as envisioned by the General Plan. The project does not substantially impact City sewer and water infrastructure and other public services. As indicated in the March 6, 2023, staff report, the project is consistent with the goals and policies of the General Plan and Development Code, including the four mandatory findings required to approve a general plan amendment, as outlined below. Therefore, staff and the Planning Commission recommend that the City Council approve GPA2022-001 and R2022-001.

Findings for General Plan Amendments
The findings to consider when deciding on a general plan amendment application and staff’s response to each of those findings are listed below.

1. The proposed amendment is internally consistent with the goals, policies, and actions of the General Plan.

Although the request will modify the land use diagram of the General Plan, as described in Attachment 3, the proposed amendment is consistent with several goals and policies of the General Plan. Therefore, the amendment is internally consistent with the General Plan. 164
AGENDA ITEM NO. 17.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

The project was determined not to be detrimental to the public interest, health, safety, and convenience, or general welfare of the city. Agencies and City departments reviewed the project to ensure consistency with City codes and regulations.

3. If applicable, the parcel is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated project.

The project site is physically suitable for the type and intensity of the proposed project. The project site is a ±1.04 acre infill site that is surrounded by existing single-family residential development to the north, east, and across Alluvial Avenue to the south. A church ±3.9 acre church site is located directly to the west of the project site. The proposed 12-unit multifamily project would serve as an appropriate transitional use between the single-family residences and the non-residential church site.

Sewer and water studies indicate adequate provisions for the proposed increase in density from this project. Additionally, the project was reviewed by agencies and City departments to ensure that facilities are adequate to accommodate the proposed project.

4. There is a compelling reason for the amendment.

The project is infill development and is consistent with the goals and policies of the General Plan. If approved, the project would develop an otherwise unused property, provide an alternative housing type in the area, and contribute to the City’s housing stock. The applicant’s reasoning for the general plan amendment is provided in Attachment 3. The decision-making body has the discretion to determine if reasons for amending the general plan are compelling.

ACTIONS FOLLOWING APPROVAL
If approved, the developer will proceed with the multifamily residential design review where site specific details of the development are reviewed by staff.

Prepared by: Lily Cha, AICP, Senior Planner
Reviewed by: City Manager JH
165
AGENDA ITEM NO. 17.

Attachment 1
RESOLUTION 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING GENERAL PLAN AMENDMENT 2022-001 TO AMEND THE 2014 CLOVIS GENERAL PLAN LAND USE ELEMENT FOR APPROXIMATELY 1.04 ACRES LOCATED

NORTH OF ALLUVIAL AVENUE BETWEEN SUNNYSIDE AND FORDHAM AVENUES WHEREAS, the project proponent, Stallion Development and Construction, 811 Barstow, Clovis, CA 93612, has submitted a General Plan Amendment GPA2020-001 for 1.04 acres of property located north of Alluvial Avenue, between Sunnyside and Fordham Avenues, in the County of Fresno; and
WHEREAS, GPA2022-001 proposes to amend the 2014 Clovis General Plan Land Use Element for the Property from the Low Density Residential designation to the Medium High Density designation; and
WHEREAS, the Planning Commission considered GPA2022-001 at a duly noticed public hearing on January 26, 2023, at which time the Planning Commission adopted a resolution recommending approval of the Project; and
WHEREAS, the City Council considered GPA2022-001 at a duly noticed public hearing on March 6, 2023, at which time the City Counicil denied the project without prejudice by a vote of 3-1-1; and
WHEREAS, the City Council agreed to reconsider GPA2022-001 at its April 3, 2023, meeting with a request to staff for additional information; and WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on April 12, 2023, mailed public notices to property owners within 800 feet of the Property ten (10) days prior to the City Council hearing, and otherwise posted notice of the public hearing according to applicable law; and
WHEREAS, the City Council held a duly noticed public hearing on May 1, 2023, to consider vacating the March 6, 2023, denial of the project and to reconsider GPA2022-001; and WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing.
166
AGENDA ITEM NO. 17.

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:

1. The denial of GPA2022-001 at the March 6, 2023 meeting is vacated.

2. The Project satisfies the required findings for approval of a general plan amendment, as follows:
a. The GPA2022-001 is internally consistent with the goals, policies, and actions of the General Plan.
b. The GPA2022-001 would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
c. The Property is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the development of the Project.
d. There is a compelling reason for the amendment, namely, to provide additional and alternative housing stock.

3. The City Council finds that there is no possibility the project could have a significant effect on the environment, exempting the project pursuant to CEQA Guidelines section 15061(b)(3).

4. The basis for the findings is detailed in the May 1, 2023, staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

5. GPA 2022-001 is hereby approved.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 1, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 1, 2023
______________________________ ______________________________ Mayor City Clerk
167
AGENDA ITEM NO. 17.

Attachment 2
ORDINANCE 23-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING AND

CHANGING THE OFFICIAL ZONE MAP OF THE CITY OF CLOVIS IN ACCORDANCE WITH SECTION 9.080.020 OF THE CLOVIS MUNICIPAL CODE TO REZONE APPROXIMATELY

1.04 ACRES FROM THE R-1-7,500 (SINGLE-FAMILY RESIDENTIAL 7,500 SQ. FT.) ZONE DISTRICT TO THE R-2 (MULTIPLE FAMILY RESIDENTIAL) ZONE DISTRICT FOR

PROPERTY LOCATED NORTH OF ALLUVIAL, BETWEEN SUNNYSIDE AND FORDHAM

AVENUES
WHEREAS, Stallion Development and Construction, 811 Barstow Avenue, Clovis, CA 93612, submitted an application for Rezone R2022-001 in connection with the proposed development of a 12-unit multifamily apartment complex (“Project”) on approximately 1.04 acres of property located north of Alluvial Avenue, between Sunnyside and Fordham Avenues (“Property”); and
WHEREAS, R2022-001 was submitted in conjunction with a general plan amendment (GPA) application, GPA2022-001, proposed to amend the general plan land use designation on the Property from low density residential to medium-high density residential; and WHEREAS, R2022-001 proposes to rezone the property from the R-1-7,500 (Single-family residential 7,500 sq. ft.) Zone District to the R-2 (Multifamily residential) Zone District; and WHEREAS, the approval of the rezoning application R2022-001 required the prior approval of the general plan amendment application GPA2022-001 to establish the allowable density on the Property; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 26, 2023, to consider the Project approval, at which time interested persons were given opportunity to comment on the Project; and
WHEREAS, the Planning Commission voted and recommended that the City Council approve R2022-001; and
WHEREAS, the City Council considered R2022-001 at a duly noticed public hearing on March 6, 2023 in conjunction with the consideration of GPA2022-001; and WHEREAS, the City Council denied GPA2022-001 without prejudice by a vote of 3-1-1, precluding further consideration of R2022-001; and
WHEREAS, at its April 3, 2023 meeting, the City Council agreed to reconsider its denial of GPA2022-001, thereby allowing the consideration of R2022-001; and WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on April 12, 2023, mailed public notices to property owners within 800 feet of the Property ten (17) days prior to the City Council hearing, and otherwise posted notice of the public hearing according to applicable law; and
168
AGENDA ITEM NO. 17.

WHEREAS, the City Council held a duly noticed public hearing on May 1, 2023, to consider approval of Rezone R2022-001; and
WHEREAS, based on this initial study, a mitigated negative declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code, section 21000, et seq., and Guidelines for implementation of CEQA, 14 California Code of Regulations, sections 15000, et seq.; and WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report and staff presentation, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing.

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE CITY COUNCIL FINDS AS FOLLOWS:

1. The proposed rezone is consistent with the goals, policies, and actions of the adopted General Plan.

2. The proposed rezone would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

3. The Property is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation and development of the Project.

4. The City Council finds that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15332 (Class 32 – Infill Development), and will not have a significant effect on the environment pursuant to CEQA Guidelines section 15061(b)(3).

5. The basis and evidence for the findings are detailed in the October 18, 2021, staff report and staff presentation addressing the Project during the October 18, 2021, public hearing, both of which are hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

The City Council of the City of Clovis does ordain as follows:

Section 1 The official map of the city is amended in accordance with Section 9.08.020 and Chapter 9.86 of the Clovis Municipal Code by rezoning certain land in the City of Clovis, County of Fresno, State of California, to wit:
169
AGENDA ITEM NO. 17.

LEGAL DESCRIPTION:

See the attached Attachment A.

From the R-1 (Single-family Residential) Zone District to the R-2 (Multifamily Medium-High Density) Zone District.

Section 2 This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.

APPROVED: May 1, 2023
______________________________ ______________________________ Mayor City Clerk
* * * * * * * * * *
The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on May 1, 2023, and was adopted at a regular meeting of said Council held on _______, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: Date Adopted
_______________________________
City Clerk
170
AGENDA ITEM NO. 17.

ATTACHMENT A

LEGAL DESCRIPTION
Legal Description:

LOT 30 OF TRACT NO. 4546 MONTE VISTA NO. 38, IN THE CITY OF CLOVIS, COUNTY OF FRESNO, STATE OF CALIFORNIA, AS PER MAP THEROF RECORDED AUGUST 5, 1993 IN BOOK 56, PAGES 4, AND 5 OF PLATS, FRESNO COUNTY RECORDS.

MORE COMMONLY KNOWN AS: 1491 ALLUVIAL AVENUE, CLOVIS, CA 93611-7328 171
AGENDA ITEM NO. 17.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: March 6, 2023
SUBJECT: Consider items associated with approximately 1.04 acres of land located on the north side of Alluvial Avenue, between Sunnyside and Fordham Avenues. Stallion Development and Construction – Arman Zakaryan, owner/applicant; Dan Zack, representative.
a. Consider Approval - Res. 23-___, A request to approve an environmental finding of a Mitigated Negative Declaration for General Plan Amendment GPA2022-001 and Rezone R2022-001.
b. Consider Approval - Res. 23-___, GPA2022-001, A request to amend the General Plan to re-designate the subject property from the Low Density Residential (2.1-4.0 DU/Ac) classification to the Medium High (7.1-15.0 DU/Ac) classification.
c. Consider Introduction - Ord. 23-___, R2022-001, A request to rezone the subject property from the R-1-7500 (Single-family Residential, 7,500 sf) Zone District to the R-2 (Multifamily Medium-High Density Residential) Zone District.

Staff: Lily Cha, AICP, Senior Planner
Recommendation: Approve
ATTACHMENTS: 1. Draft Resolution, ISMND

2. Draft Resolution, GPA2022-001

3. Draft Ordinance, R2022-001

4. Development Exhibits

5. Applicant’s Justification Letter

6. Letters of Objection

7. Correspondence from Agencies and Departments

8. Initial Study/ Mitigated Negative Declaration
297
AGENDA ITEM NO. 12.

Attachment 3
172
AGENDA ITEM NO. 17.

RECOMMENDATION
Staff and the Planning Commission recommend that the City Council approve the following:
 An environmental finding of a mitigated negative declaration for general plan amendment GPA2022-001 and rezone R2022-001; and
 General Plan Amendment GPA2022-001; and
 Rezone R2022-001.

EXECUTIVE SUMMARY
The applicant is proposing the development of a 12-unit multifamily development on approximately 1.04 acres of land located north of Alluvial Avenue, between Sunnyside and Fordham Avenues. The project requires the re-designation of the property’s land use from Low Density Residential (2.1-4.0 DU/Ac) to Medium High Density Residential (7.1-15.0 DU/Ac) classification. Coupled with the change in land use designation is a request to rezone the property from the existing R-1-7500 (Single-family Residential, 7,500 sf) Zone District to the R2 (Multifamily Medium-High Density Residential) Zone District. Approval of these land use entitlements will allow the developer to proceed with the site plan review process where site specific details of the development are reviewed by staff.

BACKGROUND
 General Plan Designation: Low Density Residential (2.1-4.0 DU/Ac)  Specific Plan Designation: Herndon Shepherd
 Existing Zoning: R-1-7500 (Single-family Residential, 7,500 sf)  Lot Size: ±1.04 acres
 Current Land Use: Vacant
 Adjacent Land Uses:
o North: Single-family subdivision
o South: Single-family subdivision
o East: Single-family subdivision
o West: Church
 Previous Entitlements: R92-18

PROPOSAL AND ANALYSIS
The applicant requests approval of GPA2022-001 and R2022-001 to allow the development of a 12-unit multifamily residential project on a ±1.04-acre parcel that is located on the north side of Alluvial Avenue, between Sunnyside and Fordham Avenues (see Figure 1). The project site is vacant and previously housed a single-family residence with an accessory building. The house and accessory building were demolished due to dilapidation from fire damage and abandonment. The project is considered an infill development that is primarily surrounded by single-family residences to the north, east, and across Alluvial Avenue to the south. A church site abuts the project site directly to the west.
298
AGENDA ITEM NO. 12.
173
AGENDA ITEM NO. 17.

FIGURE 1
Project Location
Proposed Multifamily Development
The development project is a 12-unit multifamily apartment complex proposed for market rate rent. Of the 12-units proposed, a total of ten are 2-bedroom units and the remaining two are 3- bedroom units. The main building housing the residential units is proposed at 2-stories (25 foot tall to the parapet) and approximately 16,160 square feet in size. Garage parking will be provided via a single-story (12 foot tall), 3,160 square foot accessory building. Additional parking stalls are provided along the main building perimeter. Also, incorporated into the project is approximately 5,400 square feet of open space. The open space area is provided for the benefit of the residences and incorporates a lawn area and a covered seating area with outdoor barbeques. The project will also provide associated site improvements such as landscaping and site utilities. The proposed site plan, building elevations, and floor plan are provided in Attachment 4 of this report.
= Project Site (1.04
acres)
299
AGENDA ITEM NO. 12.
174
AGENDA ITEM NO. 17.

General Plan Amendment
The applicant is requesting to amend the General Plan Land Use Diagram to modify the land use designation of the subject property from the current Low Density Residential (2.1-4.0 Dwelling Unit Per Acre) to the Medium High Density Residential (7.1-15.0 Dwelling Unit Per Acre) designation. Under the existing General Plan land use designation (Low Density Residential), the project site could support the development up to a maximum of 4 residential units. With the proposed land use designation (Medium High Density Residential), the site could accommodate development of up to 15 residential units. However, applicant is proposing 12 residential units with this project.

FIGURE 2
General Plan Land Use Diagram
The General Plan provides policies and actions to guide the orderly development of the city. A range of allowed density and intensity for each land use designation is provided within the Land Use Element of the General Plan. A general plan amendment is a change in City policy and therefore requires a compelling reason for change. For that reason, a justification letter has been provided by the applicant as part of the application to amend the General Plan (see Attachment 5). According to the applicant, the change will have positive impacts by advancing several important goals of the General Plan, providing additional revenue for the City as a result of the multifamily development, and providing more housing within the City.

Low Density
Residential
(2.1- 4.0 DU/Ac)
= Project Site (Proposed Medium Density
Residential)
300
AGENDA ITEM NO. 12.
175
AGENDA ITEM NO. 17.

Consistency with General Plan Goals and Policies
The proposed project would change the land use designation from Low Density Residential to Medium High Density Residential. The change in land use designation would not conflict with the goals and policies of the General Plan land use element. The following goals and policies reflect Clovis’ desire to maintain tradition of responsible planning and well-managed growth to preserve the quality of life in existing neighborhoods and ensure the development of new neighborhoods with an equal quality of life.

Goal 5: A city with housing, employment, and lifestyle opportunities for all ages and incomes of residents.

Policy 5.1 Housing variety in developments. The Clovis General Plan has been planned to provide a variety of housing product types suitable to each stage of a person’s life.

Each development should contribute to a diversity of housing sizes and types within the standards appropriate to the land use designation. This policy does not apply to projects smaller than five acres.

Policy 5.2 Ownership and rental. Encourage a mixture of both ownership and rental options to meet varied preferences and income affordability needs.

Goal 6: A city that grows and develops in a manner that implements its vision, sustains the integrity of its guiding principles, and requires few and infrequent amendments to the General Plan.

Policy 6.1 Amendment criteria. The City Council may approve amendments to the General Plan when the City Council is satisfied that the following conditions are met:
 The proposed change is and will be fiscally neutral or positive.  The proposed change can be adequately served by public facilities and would not negatively impact service on existing development or the ability to service future development.

Policy 6.2 Smart growth. The city is committed to the following smart growth goals.  Create a range of housing opportunities and choices.
 Create walkable neighborhoods.
 Foster distinctive, attractive communities with a strong sense of place.  Mix land uses.
 Strengthen and direct development toward existing communities.  Take advantage of compact building design.
301
AGENDA ITEM NO. 12.
176
AGENDA ITEM NO. 17.

Findings for General Plan Amendments
The findings to consider when deciding on a general plan amendment application and staff’s response to each of those findings are listed below.

1. The proposed amendment is internally consistent with the goals, policies, and actions of the General Plan.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

The project site is physically suitable for the type and intensity of the proposed project.

The project site is a ±1.04 acre infill site that is surrounded by existing single-family residential development to the north, east, and across Alluvial Avenue to the south. A church ±3.9 acre church site is located directly to the west of the project site. The proposed 12-unit multifamily project would serve as an appropriate transitional use between the single-family residences and the non-residential church site.

4. There is a compelling reason for the amendment.

The applicant’s reasoning for the general plan amendment is provided in Attachment 5.

The decision-making body has the discretion to determine if reasons for amending the general plan are compelling.
302
AGENDA ITEM NO. 12.
177
AGENDA ITEM NO. 17.

Rezone
The proposed change in land use designation also requires a change in the property’s assigned zone district. The applicant is requesting to rezone the subject property from the current R-1- 7500 (Single-Family Residential 7,500 sq. ft.) Zone District to the R-2 (Multifamily Residential) Zone District. The R-2 Zone District is associated with moderately dense residential uses, including multifamily apartments, duplexes, townhouses, and small parcel, attached, and detached single-family uses. With this project, the applicant is proposing the development of multifamily apartments. The proposed zone district is consistent with the Medium High Density Residential land use designation with allowable density range of 7.1 to 15.0 dwelling units per acre. The 12-unit multifamily project has a density of 11.5 dwelling units per acre.

Objective Standards for Multifamily Development
In accordance with the State of California Senate Bill (SB) 330, the city adopted a set of objective standards for multifamily development on December 16, 2019. Adoption of objective standards provides a more efficacious process for residential development that contributes towards the state’s goal of addressing the housing shortage. Objective standards are development standards that can be objectively defined and measured when reviewing applications for new housing developments. Standards include quantifiable and measurable features of building and property such as building height, required setbacks from property lines, building articulation, lighting, etc.

If approved, the project will be reviewed in compliance with the City’s Multifamily Residential Design Review process and subjected to the City’s adopted objective standards for multifamily residential development.

Findings for Rezones
The findings to consider when deciding on a rezone application and staff’s response to each of those findings are listed below.

1. The proposed amendment is consistent with the goals, policies, and actions of the General Plan.

Although the request will modify the land use diagram of the General Plan, as described in the above section, the proposed amendment is consistent with several goals and policies of the General Plan. Therefore, the amendment is internally consistent with the General Plan. The proposed rezone to the R-2 Zone District is consistent with the proposed Medium High Density Residential Designation.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

3. The proposed amendment is internally consistent with other applicable provisions of the Development Code.
303
AGENDA ITEM NO. 12.
178
AGENDA ITEM NO. 17.

If approved, the proposed project would be subject to review under the City’s multifamily residential design review process. Site specific details will be evaluated to ensure that applicable development requirements of the municipal code and objective multifamily standards are met.

4. The parcel is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/projects. (§ 2, Ord. 14-13, eff. October 8, 2014).

See number 3 under Findings for General Plan Amendment section.

Planning Commission
The Planning Commission considered GPA2022-001 and R2022-001 at its regular meeting on January 26, 2023. Commissioners expressed support for the project and agreed that the project was thoughtfully designed to minimize impacts on the existing neighborhood. Commissioners Bedsted and Hatcher encouraged the developer to increase the perimeter wall adjacent to the single-family residences to the north and east of the site for additional privacy. The developer’s representative committed to discussing the request with the developer who couldn’t be present at the meeting this evening.

There were several neighbors in attendance that spoke against the project. Their concerns relate to the project causing a change to the neighborhood’s characteristics and its impact on their quality of life. These impacts generally include the increase in traffic, parking overflow into their neighborhood, invasion of privacy, intrusion of lighting and noise, an increase in crime, and the decrease in the values of the surrounding homes.

The Planning Commission approved GPA2022-001 and R2022-001 with a 5-0 vote.

Public Outreach and Comments
Neighborhood Meetings
Per City policy, the applicant is required to hold two neighborhood meetings. The first meeting must be held prior to the Planning Commission hearing and the second must be held after the Planning Commission hearing but prior to the City Council hearing.

The applicant held the first required neighborhood meeting for this project on April 27, 2022 at 6:00 pm. The meeting was held at the Heritage Crossing Hospice and Palliative Care Center located near the Alluvial and Willow Avenues. In attendance were the project team, City staff, and several neighbors. Neighbors expressed concerns including:
 Expectations that the parcel will be single-family residential, and neighbors do not what a change to multifamily residential.
 The project will add 2 additional driveways onto Alluvial Avenues that could be dangerous for students walking to school.
 Noise nuisance from higher density housing.
 The 2-story building will invade the privacy of the surrounding single-family residences.  Higher density will bring too many people and water use.  Increase in traffic to the area would cause congestion. 304
AGENDA ITEM NO. 12.
179
AGENDA ITEM NO. 17.
 Additional lighting from the development could be a nuisance.

As a result of this meeting, the applicant made some modifications to the project to mitigate privacy concerns. The changes include eliminating windows on the entire east elevation of the main building and providing additional site perimeter trees for screening. The applicant is proposing the planting of Japanese Blueberry trees along the site perimeter. This tree is of an evergreen variety (does not shed), is fast growing, and can mature to a height of between 30 to 40 feet.

The applicant held a second required neighborhood meeting on February 22, 2023, at 6:00 pm.

The meeting was held at the office of the project’s architect which is located near the intersections of Herndon and Fowler. Five neighbors were in attendance of the meeting.

Comments from the Planning Commission meeting were reiterated by the neighbors. The applicant presented several additional potential modifications to the project that may further mitigate some of the concerns of the neighbors. Modifications presented include the increase of the garage building height to accommodate overhead storage so residents could still park in their garages and provide better screening from balconies, addition of storage bins, and denser tree planting along the north property line for greater screening.

Public Comments
Staff received two letters in opposition to the proposed project from residents near the project site (see Attachment 6). These letters were received after the neighborhood meeting held by the applicant. A public notice of the upcoming Planning Commission public hearing of this project was sent to area residents within 800 feet of the property boundaries. Staff received a third letter of opposition after notices were mailed.

The first letter was received on April 5, 2022 from a resident who lives directly adjacent to the back of the subject property. The resident is opposed to the change of land use from singlefamily residential to allow for multiple family residential development. It is the residents understanding when they purchased their property that surrounding development would be of single-family residences.

A second letter opposing the project was received on April 14, 2022 from residents living directly behind the project. The residents also purchased their property with the understanding that the adjacent developments would be of single-family residential development. They are against the development of the multi-family residential complex and believe that the development will depreciate the value of their home and quality of life. Their concerns include additional noise, invasion of privacy from second story balconies looking into their property, and additional traffic that would result from the development.

Staff received a third letter in opposition of the project on January 17, 2023. The resident outlined several existing issues that this project would contribute towards, if approved. These issues include the existing noise, rising crime rate, and traffic due to the Walmart Shopping Center, Highway 168, and Century Elementary School. In addition to these concerns, the resident indicates that the 2-story project will alter the privacy of the existing single-family homes. 305
AGENDA ITEM NO. 12.
180
AGENDA ITEM NO. 17.

Review and Comments from Agencies
The Project was distributed to all City Divisions as well as outside agencies, including Cal Trans, Clovis Unified School District, Fresno Irrigation District, Fresno Metropolitan Flood Control District, AT&T, PG&E, San Joaquin Valley Air Pollution Control District, State Department of Fish and Wildlife, County of Fresno, and the Fresno Local Agency Formation Commission (LAFCo).

Comments received are attached (Attachment 7) only if the agency has provided concerns, conditions, or mitigation measures. Routine responses and comment letters are placed in the administrative record and provided to the applicant for their records.

California Environmental Quality Act (CEQA)
The City of Clovis has completed an Initial Study assessing the project’s impact on natural and manmade environments, as required by the State of California. The City Planner has recommended approval of a mitigated negative declaration. A mitigated negative declaration is a written statement announcing that this project will not have a significant effect on the environment. The complete Initial Study/ Mitigated Negative Declaration is included as Attachment 8. In summary, environmental impacts were determined to be found to be less than significant with implementation of mitigation measures for biological resources, cultural resources, geological resources, and tribal cultural resources.

The City published a notice of this public hearing in The Business Journal on Friday, February 17, 2023.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The proposed infill development will provide additional housing, housing type, and quality residential environment for this area as envisioned by the General Plan. The project does not substantially impact City sewer and water infrastructure, and other public services. As indicated in the above section, the project is consistent with the goals and policies of the General Plan and Development Code. Therefore, staff and the Planning Commission recommends that the City Council approve an environmental finding of a mitigated negative declaration for general plan amendment GPA2022-001 rezone R2022-001, and approve GPA2022-001 and R2022- 001.

ACTIONS FOLLOWING APPROVAL
The developer will proceed with the multifamily residential design review where site specific details of the development are reviewed by staff.

Prepared by: Lily Cha, AICP, Senior Planner
Reviewed by: City Manager JH
306
AGENDA ITEM NO. 12.
181
AGENDA ITEM NO. 17.

Attachment 1
RESOLUTION 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING AN ENVIRONMENTAL FINDING OF A MITIGATED NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT GPA2022-001 AND REZONE R2022- 001, PURSUANT TO CEQA GUIDELINES
WHEREAS, the project proponent, Stallion Development and Construction, 811 Barstow, Clovis, CA, 93612, has submitted Rezone R2020-001 for 1.04 acres of property located north of Alluvial Avenue, between Sunnyside and Fordham Avenues, in the County of Fresno; and WHEREAS, the City of Clovis (“City”) caused to be prepared an initial study (hereinafter incorporated by reference) in June 2020, for the Project to evaluate potential environmental impacts, and on the basis of that study, it was determined that no significant environmental impacts would result from this Project with mitigation measures included; and WHEREAS, on the basis of this initial study, a mitigated negative declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code, section 21000, et seq., and Guidelines for implementation of CEQA, 14 California Code of Regulations, sections 15000, et seq.; and
WHEREAS, the City Council has independently reviewed, evaluated, and considered the CEQA analysis outlined in the staff report, initial study, mitigated negative declaration and all comments, written and oral, received from persons who reviewed the mitigated negative declaration, or otherwise commented on the Project (“Administrative Record”).

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:

1. The foregoing recitals as true and correct.

2. The initial study and mitigated negative declaration for the Project are adequate, reflect the City’s independent judgment and analysis, and have been completed in compliance with CEQA and the CEQA Guidelines.

3. The initial study and mitigated negative declaration were presented to the City Council and the City Council has independently reviewed, evaluated, and considered the initial study, mitigated negative declaration and all comments, written and oral, received from persons who reviewed the initial study and mitigated negative declaration, or otherwise commented on the Project (“in the Administrative Record”) prior to approving the Project.

4. On the basis of the whole record, that there is no substantial evidence that the Project will have a significant effect on the environment.
307
AGENDA ITEM NO. 12.
182
AGENDA ITEM NO. 17.

5. The mitigated negative declaration is adopted and the mitigation monitoring program set forth in Attachment A, including the mitigation measures identified therein and as described in the mitigated negative declaration is adopted.

6. Directs that the record of these proceedings shall be contained in the Department of Planning and Development Services located at 1033 Fifth Street, Clovis, California 93612, and the custodian of the record shall be the City Planner or other person designated by the Planning and Development Services Director.

7. The Planning and Development Services Director, or his/her designee, is authorized to file a notice of determination for the Project in accordance with CEQA and to pay any fees required for such filing.

8. The basis for the findings is detailed in the March 6, 2023 staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as evidence and comments presented in connection with the mitigated negative declaration. * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on March 6, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: March 6, 2023
______________________________ ______________________________ Mayor City Clerk
308
AGENDA ITEM NO. 12.
183
AGENDA ITEM NO. 17.

ATTACHMENT A:

Mitigation Monitoring Program
GPA2022-001 & R202-001
Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
Biological Resources
BIO-1 Pre-Activity Surveys for Birds
(raptors, migratory birds, and
other protected bird species).

Site disturbance shall be
initiated outside of the nesting
period of migratory birds and
nesting raptors (generally
between February 1 and August
31). If avoidance is not possible,
a pre-construction survey shall
be prepared by a qualified
biologist to determine the
presence of birds such as the
burrowing owl and other
protected bird species. If the
biologist determines the
presence of such birds, the
developer shall establish a
buffer zone(s) of adequate size,
as determined by the biologist,
to prevent disturbance of the
nest until the young have
fledged.

City of Clovis
Planning
Prior to
Permits and
During
Construction
BIO-2 Avoidance and Minimization
Measures for Construction
Near the Dog Creek. Site
development shall be designed
to minimize impacts and
disturbance to Dog Creek
whenever possible. This shall
include worker training,
covering excavations near the
Dog Creek to prevent the
trapping of wildlife, and/or the
establishment of exclusion
fencing to prevent equipment
309
AGENDA ITEM NO. 12.
184
AGENDA ITEM NO. 17.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
from being used outside of the
designated work zone.

Cultural Resources
CULT-1 If prehistoric or historic-era
cultural or archaeological
materials are encountered
during construction activities, all
work in the immediate vicinity of
the find shall halt until a qualified
professional archaeologist,
meeting the Secretary of the
Interior’s Professional
Qualification Standards for
prehistoric and historic
archaeologist, can evaluate the
significance of the find and
make recommendations.

Cultural resource materials may
include prehistoric resources
such as flaked and ground
stone tools and debris, shell,
bone, ceramics, and fireaffected rock as well as historic resources such as glass, metal,
wood, brick, or structural
remnants.

If the qualified professional
archaeologist determines that
the discovery represents a
potentially significant cultural
resource, additional
investigations may be required
to mitigate adverse impacts
from project implementation.

These additional studies may
include avoidance, testing, and
evaluation or data recovery
excavation.

If a potentially-eligible resource
is encountered, then the
qualified professional
archaeologist, the Lead
Agency, and the project
proponent shall arrange for
City of Clovis
Planning
Prior to
Permits and
During
Construction
310
AGENDA ITEM NO. 12.
185
AGENDA ITEM NO. 17.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
either 1) total avoidance of the
resource or 2) test excavations
to evaluate eligibility and, if
eligible, total data recovery. The
determination shall be formally
documented in writing and
submitted to the Lead Agency
as verification that the
provisions for managing
unanticipated discoveries have
been met.

CULT-2 If human remains are
discovered during construction
or operational activities, further
excavation or disturbance shall
be prohibited pursuant to
Section 7050.5 of the California
Health and Safety Code. The
specific protocol, guidelines,
and channels of communication
outlined by the Native American
Heritage Commission, in
accordance with Section 7050.5
of the Health and Safety Code,
Section 5097.98 of the Public
Resources Code (Chapter
1492, Statutes of 1982, Senate
Bill 297), and Senate Bill 447
(Chapter 44, Statutes of 1987),
shall be followed. Section
7050.5(c) shall guide the
potential Native American
involvement, in the event of
discovery of human remains, at
the direction of the County
coroner. All reports,
correspondence, and
determinations regarding the
discovery of human remains on
the project site shall be
submitted to the Lead Agency.

City of Clovis
Planning
Prior to
Permits and
During
Construction
Geological Resources
311
AGENDA ITEM NO. 12.
186
AGENDA ITEM NO. 17.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
GEO-1 If prehistoric or historic-era
cultural materials are
encountered during
construction activities, all work
in the immediate vicinity of the
find shall halt until a qualified
professional archaeologist
and/or paleontologist, meeting
the Secretary of the Interior’s
Professional Qualification
Standards for prehistoric and
historic archaeologist, can
evaluate the significance of the
find and make
recommendations. Cultural
resource materials may include
prehistoric resources such as
flaked and ground stone tools
and debris, shell, bone,
ceramics, and fire-affected rock
as well as historic resources
such as glass, metal, wood,
brick, or structural remnants.

If the qualified professional
determines that the discovery
represents a potentially
significant cultural resource,
additional investigations may be
required to mitigate adverse
impacts from project
implementation. These
additional studies may include
avoidance, testing, and
evaluation or data recovery
excavation.

If a potentially-eligible resource
is encountered, then the
qualified professional
archaeologist and/or
paleontologist, the Lead
Agency, and the project
proponent shall arrange for
either 1) total avoidance of the
resource or 2) test excavations
to evaluate eligibility and, if
City of Clovis
Planning
Prior to
Permits and
During
Construction
312
AGENDA ITEM NO. 12.
187
AGENDA ITEM NO. 17.

Proposed
Mitigation Summary of Measure Monitoring Responsibility Timing Verification
(Date and
Initials)
eligible, total data recovery. The
determination shall be formally
documented in writing and
submitted to the Lead Agency
as verification that the
provisions for managing
unanticipated discoveries have
been met.
313
AGENDA ITEM NO. 12.
188
AGENDA ITEM NO. 17.

Attachment 2
RESOLUTION 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING GENERAL PLAN AMENDMENT 2022-001 TO AMEND THE 2014 CLOVIS GENERAL PLAN LAND USE ELEMENT FOR APPROXIMATELY 1.04 ACRES LOCATED

NORTH OF ALLUVIAL AVENUE BETWEEN SUNNYSIDE AND FORDHAM AVENUES WHEREAS, the project proponent, Stallion Development and Construction, 811 Barstow, Clovis, CA 93612, has submitted a General Plan Amendment GPA2020-001 for 1.04 acres of property located north of Alluvial Avenue, between Sunnyside and Fordham Avenues, in the County of Fresno; and
WHEREAS, GPA2022-001 proposes to amend the 2014 Clovis General Plan Land Use Element for the Property from the Low Density Residential designation to the Medium High Density designation; and
WHEREAS, the Planning Commission considered GPA2022-001 at a duly noticed public hearing on January 26, 2023, at which time the Planning Commission adopted a resolution recommending approval of the Project; and
WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on February 17, 2023, mailed public notices to property owners within 800 feet of the Property ten (10) days prior to the City Council hearing, and otherwise posted notice of the public hearing according to applicable law; and
WHEREAS, a duly noticed public hearing was held on May 16, 2022; and WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing.

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:

1. The Project satisfies the required findings for approval of a general plan amendment, as follows:
a. The GPA2022-001 is internally consistent with the goals, policies, and actions of the General Plan.
b. The GPA2022-001 would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
314
AGENDA ITEM NO. 12.
189
AGENDA ITEM NO. 17.
c. The Property is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the development of the Project.
d. There is a compelling reason for the amendment, namely, to correct the mapping error and oversight previously made by the City relative to establishing the land use designation on the property.

2. The City Council finds that there is no possibility the project could have a significant effect on the environment, exempting the project pursuant to CEQA Guidelines section 15061(b)(3).

3. The basis for the findings is detailed in the March 6, 2023 staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

4. GPA 2022-001 is hereby approved.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on March 6, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: March 6, 2023
______________________________ ______________________________ Mayor City Clerk
315
AGENDA ITEM NO. 12.
190
AGENDA ITEM NO. 17.

Attachment 3
ORDINANCE 23-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING AND

CHANGING THE OFFICIAL ZONE MAP OF THE CITY OF CLOVIS IN ACCORDANCE WITH SECTION 9.080.020 OF THE CLOVIS MUNICIPAL CODE TO REZONE APPROXIMATELY 1.04 ACRES FROM THE R-1-7,500 (SINGLE-FAMILY RESIDENTIAL 7,500 SQ. FT.) ZONE DISTRICT TO THE R-2 (MULTIPLE FAMILY RESIDENTIAL) ZONE

DISTRICT FOR PROPERTY LOCATED NORTH OF ALLUVIAL, BETWEEN SUNNYSIDE

AND FORDHAM AVENUES
WHEREAS, Stallion Development and Construction, 811 Barstow Avenue, Clovis, CA 93612, submitted an application for Rezone R2022-001 in connection with the proposed development of a 12-unit multifamily apartment complex (“Project”) on approximately 1.04 acres of property located north of Alluvial Avenue, between Sunnyside and Fordham Avenues (“Property”); and
WHEREAS, Rezone Application R2022-001 proposes to rezone the property from the R1-7,500 (Single-family residential 7,500 sq. ft.) Zone District to the R-2 (Multifamily residential) Zone District; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 26, 2023, to consider the Project approval, at which time interested persons were given opportunity to comment on the Project; and
WHEREAS, the Planning Commission voted and recommended that the City Council approve Rezone R2022-001; and
WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and
WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on February 17, 2023, mailed public notices to property owners within 800 feet of the Property ten (17) days prior to the City Council hearing, and otherwise posted notice of the public hearing according to applicable law; and
WHEREAS, the City Council held a duly noticed public hearing on March 6, 2023, to consider approval of Rezone R2022-001; and
WHEREAS, based on this initial study, a mitigated negative declaration has been prepared, circulated, and made available for public comment pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code, section 21000, et seq., and Guidelines for implementation of CEQA, 14 California Code of Regulations, sections 15000, et seq.; and
316
AGENDA ITEM NO. 12.
191
AGENDA ITEM NO. 17.

WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report and staff presentation, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing.

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE
PROCEEDINGS, THE CITY COUNCIL FINDS AS FOLLOWS:

1. The proposed rezone is consistent with the goals, policies, and actions of the adopted General Plan.

2. The proposed rezone would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

The City Council of the City of Clovis does ordain as follows:

LEGAL DESCRIPTION:

See the attached Attachment A.

From the R-1 (Single-family Residential) Zone District to the R-2 (Multifamily Medium-High Density) Zone District.

Section 2 This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.
317
AGENDA ITEM NO. 12.
192
AGENDA ITEM NO. 17.

APPROVED: Date the Ordinance was introduced
______________________________ ______________________________ Mayor City Clerk
* * * * * * * * * *
The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on March 6, 2023, and was adopted at a regular meeting of said Council held on Date Adopted, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: Date Adopted
_______________________________
City Clerk
318
AGENDA ITEM NO. 12.
193
AGENDA ITEM NO. 17.

ATTACHMENT A

LEGAL DESCRIPTION
Legal Description:

MORE COMMONLY KNOWN AS: 1491 ALLUVIAL AVENUE, CLOVIS, CA 93611-7328 319
AGENDA ITEM NO. 12.
194
AGENDA ITEM NO. 17.

Attachment 4
320195
Fin. Floor
0'-0"
Top of Main Parapet
25'-0"
2nd Floor
10'-1"
Elevation
33'-0"
Fin. Floor
0'-0"
Top of Main Parapet
25'-0"
2nd Floor
10'-1"
Fin. Floor
0'-0"
Top of Main Parapet
25'-0"
2nd Floor
10'-1"
Elevation
33'-0"
Fin. Floor
0'-0"
Top of Main Parapet
25'-0"
2nd Floor
10'-1"
Elevation
33'-0"
April 27, 2022The Palms at Alluvial 2 1491 Alluvial Ave, Clovis, CA 93611 1/8" = 1'-0"
Front Elevation (South)
1/8" = 1'-0"
Left Elevation (West)
1/8" = 1'-0"
Rear Elevation
1/8" = 1'-0"
Right Elevation (East)
AGENDA ITEM NO. 12.AGENDA ITEM NO. 17.
21'-0"
1 2 3 4 5 67 8 9 10 11 12
12'-6" 12'-6" 12'-6" 12'-6" 12'-6" 12'-6" 12'-6" 12'-6" 12'-6" 12'-6" 12'-6" 12'-6" 12'-0" 8'-0" Fiberon Composite Cladding 1x8 Open Joint Profile Color: Tupelo Omega Stucco Finish Coat Colortek - Smooth - 432 Milky Quartz Omega Stucco Finish Coat Color tek-232 Sonoma Omega Stucco Finish Coat Colortek - Smooth - 221 Harvest Gold April 27, 2022The Palms at Alluvial 2 1491 Alluvial Ave, Clovis, CA 93611 3/16" = 1'-0"
Garage Floor Plan
1/8" = 1'-0"
Garage Elevation (North)
1/8" = 1'-0"
Garage Elevation (South)
Material Legend
N
E
S
W
AGENDA ITEM NO. 12.AGENDA ITEM NO. 17.

REF.

DW DW
REF.REF.

DW
UP
DW
REF. REF.

DW
DW
REF.

Bedroom 2
Cl.

Living
Room
Bath 2 M. Bath
M.

Bedroom
Kitchen
Kitchen
Living
Room
Bath 2 M. Bath W.I.C
W.I.C
W.I.C
W.I.C M. Bath Bath 2
Kitchen
P.

Lin.

Mech.

Mech. Mech
Mech.

Cl.

Bathroom
Bedroom 2
Living
Room
Kitchen
Living
Room
Bedroom 2
M.

Bedroom
Bedroom 2
Lin.

Living
Room
Bedroom 3
Bath 2 M. Bath
Bedroom 2
M.

Bedroom
Lin
P.

M. Bath Bath 2
Kitchen
M.

Bedroom Living Room
W.I.C
W.I.C
Kitchen
Mech.

Mech.

Cl.

Bedroom 2
Bath 2
M. Bath
M.

Bedroom
W/D Lin.

Lin.

P. P.

April 27, 2022The Palms at Alluvial 2 1491 Alluvial Ave, Clovis, CA 93611 3/16" = 1'-0"
Floor Plan (1st and 2nd Floor Similar)
N
E
S
W
AGENDA ITEM NO. 12.AGENDA ITEM NO. 17.

REF.

DW
DW
REF.REF.

UP
Kitchen
Living
Room
Bath 2 M. Bath
W.I.C
P.

Mech.

Cl.

Bedroom
Bedroom 2
Lin.
10'-2" 15'-11"
10'-6"
10'-9"
15'-2"
15'-7"
9'-1"
4'-10"
6'-8"
16'-10"
Living
Room
Bedroom 3
Bath 2 M. Bath
Bedroom 2
M.

Lin Bedroom
P.

W.I.C
Kitchen
Mech.

P.
15'-7" 12'-3" 12'-3"
11'-8" 10'-9"
14'-0"
7'-5"
9'-3"
10'-2" 15'-11"
Balcony
16'-10"
6'-9"
April 27, 2022The Palms at Alluvial 2 1491 Alluvial Ave, Clovis, CA 93611 Tyipcal Living Room Layout
1/4" = 1'-0"
2 Bedroom Unit - 1100 SF
1/4" = 1'-0"
3 Bedroom Unit - 1350 SF
AGENDA ITEM NO. 12.AGENDA ITEM NO. 17.

August 17, 2022
Renee Mathis, Director of Planning and Development
City of Clovis
1033 Fifth Street
Clovis, CA 93612
Subject: Letter of Justification for Proposed General Plan Amendment.

Dear Ms. Mathis:

Arman Zakaryan of Stallion Development and Construction proposes to construct The Palms, a 12-unit multifamily residential project that would be located at 1491 Alluvial Avenue (APN 563-142-35). The proposed project covers approximately 1.04 acres located at the northeastern quadrant of Sunnyside and Alluvial avenues. The project would include demolition of an existing fire-damaged and vacant single-family residence on the project site. The use and density being proposed would require a General Plan Amendment (GPA) to change the planned land use designation from L—Low Density Residential (2.1-4 du.ac) to MH—Medium High Density Residential (7.1 to 15 du/ac) and a Rezone from R-1-7500 to R-2.

The City of Clovis rightfully seeks to minimize amendments to its General Plan, which was comprehensively updated in 2014. Goal 6 of the General Plan is for “A city that grows and develops in a manner that implements its vision, sustains the integrity of its guiding principles, and requires few and infrequent amendments to the General Plan.” Why should we make plans if we are going to immediately change them? Nevertheless, circumstances change, and new ideas emerge that are worthy of consideration, which is why the amendment process exists. We believe that The Palms is a project that justifies a General Plan Amendment for the following reasons:

1. The proposed amendment is internally consistent with the goals, policies, and actions of the General Plan.

Goal 5 of the General Plan seeks for Clovis to be a city with housing, employment, and lifestyle opportunities for all ages and incomes of residents, and Policy 5.2 further specifies that a mixture of both ownership and rental housing options should be encouraged to meet varied preferences and income affordability needs. Clovis has a high need for multifamily housing generally, and in particular the neighborhoods north of Herndon Ave feature very little existing or planned multifamily housing. Approving the proposed GPA would promote housing variety where it is needed.

Attachment 5 325
AGENDA ITEM NO. 12.
200
AGENDA ITEM NO. 17.

The Palms Letter of Justification 2
In Goal 6, the General Plan states that Clovis should be a city that grows and develops in a manner that implements its vision, sustains the integrity of its guiding principles, and requires few and infrequent amendments to the General Plan. To that end, Policy 6.1 states that proposed GPAs should be fiscally neutral or positive. This GPA, and the apartment community that we be developed as a result, will be fiscally positive for the City of Clovis.

Based on the current assessed value of the property and the anticipated value of the fully developed apartment community, we anticipate that the City of Clovis’ share of property taxes collected for the site will increase between 300% to 400% or more.

Figure 1
Projected Property Tax Revenue Increase
Policy 6.1 also states that proposed changes must be adequately served by public facilities and should not negatively impact service on existing development or the ability to service future development. The traffic, water, and sewer studies provided with this application demonstrate convincingly that The Palms project can be served by existing infrastructure and should not negatively impact the City’s ability to service future development.

In Policy 6.2 of the General Plan, the City of Clovis also commits itself to Smart Growth planning and development practices. This project will advance several Smart Growth principles, particularly the following:

A. Create a range of housing opportunities and choices.

Housing in Clovis is overwhelmingly built out in the form of single-family houses.

While this is an ideal choice for many people, there are many other housing needs and desires that aren’t being met as abundantly. Well-designed and well-managed for-rent apartment homes are in high demand in our region and that demand is growing as high interest rates dampen the ability and desire to purchase a singlefamily house. The Palms will add to the diversity of the housing supply in Clovis and help fill and important gap in the market.

B. Create walkable neighborhoods.

This project promotes walkability in several ways. Its location is on a major street offers direct walking connections (without being diverted by cul-de-sacs) to a bus stop 0.7 miles to the west and numerous shopping opportunities 0.5 miles to the 326
AGENDA ITEM NO. 12.
201
AGENDA ITEM NO. 17.

The Palms Letter of Justification 3
south. Furthermore, the site plan promotes walkability by bringing the building near the street, placing parking beside and behind the building, using wrought iron fencing to allow visibility into the site from the public sidewalk, and by placing a pedestrian gate at the sidewalk for easy resident access to the public sidewalk network. Finally, the architectural design of the building presents windows and balconies toward the public sidewalk, creating an inviting and interesting streetscape for passing pedestrians and promoting public safety by placing “eyes on the street.”
G. Preserve open space, farmland, natural beauty, and critical environmental areas.

I. Strengthen and direct development toward existing communities.

The Central Valley is equally famous for its highly productive farmland and for the rapidity with which cities in the region have allowed that farmland to be replaced with suburban development. By placing this project within the existing city instead of at the rural fringe of the metropolitan area, and by building at a density that is higher than a conventional suburban subdivision, this project preserves farmland and open space and strengthens the existing community.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

Nothing is proposed on the site that would be detrimental to the public interest, health, safety, convenience, or general welfare of the City. In fact, by providing housing in a region experiencing a severe housing shortage, The Palms project would be beneficial to the public interest, health, safety, convenience, and general welfare.

3. The parcel is physically suitable for the proposed project.

This site is physically suitable for the proposed multifamily residential project. It can be adequately serviced by existing infrastructure and can easily comply with the goals and vision of the MH—Medium High Density Residential land use designation and the property development standards of the proposed R-2 zoning designation. The site lacks physical constraints and has excellent access, the project design promotes compatibility with adjoining land uses, and provision of utilities exceeds standards.

4. There is a compelling reason for the amendment.

There are several compelling reasons for this General Plan Amendment. First, while this represents a small change to a specific aspect of the General Plan, as discussed above The Palms project is faithful to the overall vision of the document and it will advance several important goals of the General Plan while increasing revenue for the City. Other justifications for the amendment are as follows:
327
AGENDA ITEM NO. 12.
202
AGENDA ITEM NO. 17.

The Palms Letter of Justification 4
• Addressing the Housing Crisis. This project will make an important contribution toward addressing the housing crisis that plagues our region. The 12 apartment homes of The Palms, if approved, will make far better use of this prime location than the current ranch house does, and the additional of a dozen high-quality housing units will provide homes for deserving families without encroaching into farmland or wildlife habitat. Furthermore, these homes will be located in a “Highest Resource” Opportunity Area as defined by the State Department of Housing and Community Development. This will not only be beneficial to the future residents of the project but will also assist the City of Clovis’ diligent efforts to comply with the State’s Housing Element regulations.
• Physical Constraints to Single-Family Development. Due to its shallow depth and its only frontage being located on a Collector road, the site is arguably more suitable for a multifamily project than for the single-family use for which it is currently zoned.

A single-family project on this site would likely result one of of two layouts, neither of which would be ideal: either four individual driveway encroachments onto Alluvial Avenue would be required, which would cause traffic impediments and would degrade the pedestrian environment; or the houses would have to be oriented around an awkwardly shallow cul-de-sac presenting passing motorists and pedestrians with opaque and inhospitable backyard fences, as opposed to the more attractive frontage that would be presented by the highly articulated and fenestrated facade and non-opaque wrought iron fence of The Palms project. Due to these challenges, it is probably not a coincidence that this site has not yet been redeveloped as single-family housing despite its extremely desirable location. • A Minor Increase in the Allowable Density. On paper, the proposed General Plan Amendment would increase the allowable density of the site from 4 units per acre to 15 units per acre. In a practical sense, however, the proposed project doesn’t add many more units than are currently permitted on the site. While only four lots and a total of four homes are allowed on this site by the current R-1-7500 zoning, recent pro-housing State legislation such as AB 68 and SB 9 could allow two units per lot (either configured as a duplex or as a house with an accessory dwelling unit [ADU]) resulting in a total of 8 units. If junior ADUs are included, it may be possible to develop 3 units per lot for a total of 12 units under the current zoning. Such a configuration could be successful, but the layout of the 12 units proposed by The Palms project is much more efficient and provides more generous open space amenities than would be possible with State-sanctioned duplexes or ADUs. • High Quality Design. Another compelling reason to support the General Plan Amendment is the fact that The Palms features a high-quality design which meets or exceeds all R-2 development standards.
• Privacy. One commonly expressed concern when developing new multifamily housing adjacent to existing single-family housing is that the multifamily residents will be able to see inside of the homes or yards of the single-family housing. This possibility has been addressed by thoughtful site planning, and it is very unlikely that 328
AGENDA ITEM NO. 12.
203
AGENDA ITEM NO. 17.

The Palms Letter of Justification 5
there will be any views into the single-family properties from the new apartments for the following reasons:
o The grade of The Palms site is 2 ½ feet lower than the grade of the adjacent single-family housing, which reduces the degree to which future residents can look down into adjacent properties;
o The apartments are located at the front of the site, toward Alluvial Avenue and away from the single-family housing, further reducing the views into adjacent properties;
o The garages for The Palms are located between the apartments and the singlefamily houses, obstructing the views between the two types of housing; and o The perimeter landscaping, particularly the trees, will provide a visual buffer between the existing housing and The Palms.
• Neighborhood Feedback. Two neighborhood meetings were held to discuss the project. The first meeting was held on April 5, 2022. Approximately 9 people representing 5 households were in attendance, in addition to the development team and City staff. As a courtesy, a second meeting was held on April 27 to address the comments from the first meeting. The same residents were in attendance. • Reduction of Blight. The existing structure recently suffered an attic fire and is considered a total loss. Such structures are not only visually unappealing but they can act as an attractive nuisance, leading to other problems. The sooner that this vacant, damaged, and boarded up structure can be replaced by a vibrant new community, the better.

We look forward to working with City staff, the community, the Planning Commission, and the City Council on this exciting project. Please let me know if I can provide any additional information to assist with your review.

Sincerely,
Dan Zack, AICP, CNU-A
President and Principal Planner
329
AGENDA ITEM NO. 12.
204
AGENDA ITEM NO. 17.
1 Lily Cha
From: Linda Alvord <[email protected]>
Sent: Tuesday, April 5, 2022 3:42 PM
To: Lily Cha
Subject: Re: [External] 1491 Alluvial Ave., proposed development Follow Up Flag: Follow up
Flag Status: Completed
Ms. Cha,
This is our comment for the Record.

We are opposed to the rezoning of the 1491 Alluvial property to MultiFamily dwellings. We bought our home and property thinking that the area around our house would be single family dwelling zoning, which it currently is. We did not buy our house and property, which is directly adjacent to the back of the 1491 property, thinking that a 2 story apartment complex would be built next to our backyard. Please keep us notified of any requests to rezone the property.

Yours,
Darin and Linda Alvord
On 4/1/2022 8:00 AM, Lily Cha wrote:

You’re very welcome. Have a wonderful weekend.

Sincerely,

Lily Cha, MPA | Associate Planner
City of Clovis | Planning Division
1033 Fifth Street, Clovis, CA 93612
p. 559.324.2335 | f. 559.324.2844
[email protected]

From: Linda Alvord <[email protected]>
Sent: Thursday, March 31, 2022 9:45 AM
To: Lily Cha <[email protected]>
Subject: Re: [External] 1491 Alluvial Ave., proposed development

Thank you for the information.

On Thu, Mar 31, 2022, 9:22 AM Lily Cha <[email protected]> wrote:

Hi Linda,
Thank you for your inquiry. The site is currently zoned for single-family dwellings. With this project, the Attachment 6
330
AGENDA ITEM NO. 12.
205
AGENDA ITEM NO. 17.
1 Lily Cha
From: Andrea DeShayes <[email protected]>
Sent: Thursday, April 14, 2022 2:07 PM
To: Lily Cha
Cc: Mark DeShayes
Subject: Re: [External] 1491 Alluvial Ave Project
Follow Up Flag: Follow up
Flag Status: Completed
Lily,
My husband, Mark, and I attended the neighborhood meeting for the proposed 1491 Alluvial Ave.

Project. Since the project will be located directly behind our residence, we have concerns.

We purchased our Clovis home in 1994. One of the things that we were happy about was that we were in a single family residential neighborhood. We chose this neighborhood since we no longer wanted to live in or near an apartment (or luxury condo) complex. We like having only single family residences around our house and having the ability to talk about any issues or concerns with other owners who occupy their homes. While we understood that the lot behind us could be divided into 2 or even 4 single family homes, we never anticipated that there would be 12 non-owner families living on that property. This depreciates the value of our home and the quality of our life. We enjoy having our windows open and listening to birds or sitting in our backyard and hearing some neighbors, but not 12 additional families.

We are not happy that there will be a driveway directly behind our back fence that ultimately every driver at the complex may use multiple times day and night, which will add additional noise. I understand the developer said they are planting some type of tree between the driveway and the fence, but no tree grows overnight!

The three balconies that look directly into our backyard are also a problem. We realize single family homes can also be 2 story, we knew there would be a 2 story house next door to our home, but the only window that looks into our property is a bathroom window. Most single family residences in our neighborhood do not have upper balconies.

The traffic situation is also problematic. It is difficult turning east on Alluvial from Fordham now, I can’t imagine what will happen when you add 24 or more cars (a minimum of 2 per family). You will have 4 entrances onto Alluvial within a short distance which will be a problem. There are times when it is difficult to safely get across Alluvial or Sunnyside from either Fordham or Bedford.

We are disappointed that Clovis would think about a project with this density in a residential neighborhood. We recognize what is allowed, but we should be thinking about what is good for the neighborhood and the future.

Thank you,
Andrea DeShayes
On Tue, Apr 5, 2022 at 4:24 PM Lily Cha <[email protected]> wrote:

Hi Andrea,
331
AGENDA ITEM NO. 12.
206
AGENDA ITEM NO. 17.
1 Lily Cha
From: Rena Gunn <[email protected]>
Sent: Tuesday, January 17, 2023 12:28 PM
To: Lily Cha
Subject: [External] The Palms at Alluvial 2 - Planning Reference: GPA2022-001 and R2022-001 Follow Up Flag: Follow up
Flag Status: Completed
Dear Ms. Cha-Haydostian,
I am writing to oppose the proposed development by Arman Zakaryan/Stallion Development for the property at 1491 Alluvial. The land is currently zoned for 3 single-family homes which is congruent with the surrounding area. Our neighborhood is already overcome with noise, a raising crime rate, and traffic due to the Walmart Shopping Center, Highway 168, and Century Elementary School. Allowing a two-story 12-unit apartment complex will alter the privacy of the existing homes as well as escalate the current issues as stated above in our area. I ask you for the current residents and families in this area do not allow Stallion Development to use this land to build a 12-unit apartment complex for the sole purpose of monetary gain for Arman Zakaryan.

Thank you.

Rena', Mike & Kaylee Gunn
1557 Bedford, Clovis, CA 93611
559-994-6366
332
AGENDA ITEM NO. 12.
207
AGENDA ITEM NO. 17.

County of Fresno

DEPARTMENT OF PUBLIC HEALTH
Promotion, preservation and protection of the community’s health 1221 Fulton Street /P. O. Box 11867, Fresno, CA 93775
(559) 600-3271 FAX (559) 600-7629
The County of Fresno is an Equal Employment Opportunity Employer www.co.fresno.ca.us www.fcdph.org
January 12, 2022
LU0021565
2604
Kelsey George, Assistant Planner
City of Clovis
Planning and Development Services Department
1033 Fifth Street
Clovis, CA 93612
Dear Ms. George:

PROJECT NUMBER: DRC2021-056
DRC2021-056, Proposed rezone from R-1 to R-2. Develop a 12-plex apartment complex with detached garages.

APN: 563-142-35 ZONING: R-1 to R-2 ADDRESS: 1491 Alluvial Avenue Recommended Conditions of Approval for Residential Uses:
 Construction permits for the proposed development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116.
 Construction permits for the proposed development should be subject to assurance that the City of Clovis community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Water Resources Control Board, Division of Drinking WaterSouthern Branch. For more information call (559) 447-3300.  If the applicant proposes to use and/or store hazardous materials and/or hazardous wastes, they shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Any business that handles a hazardous material or hazardous waste may be required to submit a Hazardous Materials Business Plan pursuant to the California Health and Safety Code (HSC), Division 20, Chapter 6.95, Section 25507 (http://cers.calepa.ca.gov/). Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.  The proposed construction/demolition project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to your City’s municipal code.  As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor.

Attachment 7 333
AGENDA ITEM NO. 12.
208
AGENDA ITEM NO. 17.

Kelsey George
January 12, 2022
DRC2021-056

Page 2 of 2 ends

2  Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.

The following comments pertain to the demolition of existing structures:
 Should the structures have an active rodent or insect infestation, the infestation should be abated prior to demolition of the structures in order to prevent the spread of vectors to adjacent properties.
 In the process of demolishing the existing structures, the contractor may encounter asbestos containing construction materials and materials coated with lead-based paints.  If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information.  If the structures were constructed prior to 1979 or if lead-based paint is suspected to have been used in these structures, then prior to demolition and/or remodel work the contractor should contact the following agencies for current regulations and requirements:
 California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (510) 620-5600.
 United States Environmental Protection Agency, Region 9, at (415) 947-8000.  State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at (559) 454-5302.

REVIEWED BY:

Kevin Tsuda, R.E.H.S.

Environmental Health Specialist II (559) 600-33271
cc: Deep Sidhu- Environmental Health Division (CT. 59.07) 334
AGENDA ITEM NO. 12.
209
AGENDA ITEM NO. 17.
335
AGENDA ITEM NO. 12.
210
AGENDA ITEM NO. 17.
336
AGENDA ITEM NO. 12.
211
AGENDA ITEM NO. 17.
337
AGENDA ITEM NO. 12.
212
AGENDA ITEM NO. 17.

December 29, 2022
Lily Cha
City of Clovis
Planning and Development Services
1033 Fifth St.

Clovis, CA 93612
Project: The Palms at Alluvial 2 Initial Study and Mitigated Negative Declaration District CEQA Reference No: 20221648
Dear Ms. Cha:

The San Joaquin Valley Air Pollution Control District (District) has reviewed the Initial Study (IS) and Mitigated Negative Declaration (MND) from the City of Clovis (City) for The Palms at Alluvial 2 residential development. Per the IS/MND, the project consists of 12 apartment units that are all designated for market rate rent, as well as a ± 3,160 square foot building for garages, associated landscaping, utility and pedestrian infrastructure, and sports fields (Project). The Project is located on the north side of Alluvial Avenue between Sunnyside and N. Fordham Avenues in Clovis, CA.

The District offers the following comments regarding the Project:

Project Related Emissions
Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI):
https://www.valleyair.org/transportation/GAMAQI.pdf.

Construction Emissions
The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment. 338
AGENDA ITEM NO. 12.
213
AGENDA ITEM NO. 17.

San Joaquin Valley Air Pollution Control District Page 2 of 6 District Reference No: 20221648
December 29, 2022
Vegetative Barriers and Urban Greening
There are residential units located north and east of the Project. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors (e.g., residential units).

While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population’s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery.

Clean Lawn and Garden Equipment in the Community
Since the Project consists of residential development, gas-powered lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions.

Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: http://www.valleyair.org/grants/cgym.htm
and http://valleyair.org/grants/cgym-commercial.htm.

On-Site Solar Deployment
It is the policy of the State of California that renewable energy resources and zerocarbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project.

Electric Vehicle Chargers
To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric 339
AGENDA ITEM NO. 12.
214
AGENDA ITEM NO. 17.

San Joaquin Valley Air Pollution Control District Page 3 of 6 District Reference No: 20221648
December 29, 2022
charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations.

Please visit www.valleyair.org/grants/chargeup.htm for more information.

District Rules and Regulations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes.

The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888.

District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources
Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT).

This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888. 340
AGENDA ITEM NO. 12.
215
AGENDA ITEM NO. 17.

San Joaquin Valley Air Pollution Control District Page 4 of 6 District Reference No: 20221648
December 29, 2022
District Rule 9510 - Indirect Source Review (ISR)
The District has reviewed the information provided and has determined the project size is below the District Rule 9510, section 2.1 applicability threshold of 50 dwelling units for a residential development. Therefore, District Rule 9510 requirements and related fees do not apply to the project.

District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
The Project will be subject to District Rule 4002 since the Project will include demolition, renovation, and removal of existing structures. To protect the public from uncontrolled emissions of asbestos, this rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Any asbestos present must be handled in accordance with established work practice standards and disposal requirements.

Information on how to comply with District Rule 4002 can be found online at:
http://www.valleyair.org/busind/comply/asbestosbultn.htm.

District Rule 4601 (Architectural Coatings)
The Project will be subject to District Rule 4601 since it is expected to utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.

The purpose of this rule is to limit VOC emissions from architectural coatings.

In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
http://www.valleyair.org/rules/currntrules/r4601.pdf
District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.

Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- 341
AGENDA ITEM NO. 12.
216
AGENDA ITEM NO. 17.

San Joaquin Valley Air Pollution Control District Page 5 of 6 District Reference No: 20221648
December 29, 2022
acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.

The application for both the Construction Notification and Dust Control Plan can be found online at:
https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm District Rule 4901 - Wood Burning Fireplaces and Heaters The purpose of this rule is to limit emissions of carbon monoxide and particulate matter from wood burning fireplaces, wood burning heaters, and outdoor wood burning devices. This rule establishes limitations on the installation of new wood burning fireplaces and wood burning heaters.

Specifically, at elevations below 3,000 feet in areas with natural gas service, no person shall install a wood burning fireplace, low mass fireplace, masonry heater, or wood burning heater.

Information about District Rule 4901 can be found online at:
http://valleyair.org/rule4901/
Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).

District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.
342
AGENDA ITEM NO. 12.
217
AGENDA ITEM NO. 17.

San Joaquin Valley Air Pollution Control District Page 6 of 6 District Reference No: 20221648
December 29, 2022
If you have any questions or require further information, please contact Jacob Torrez by e-mail at [email protected] or by phone at (559) 230-6558.

Sincerely,
Brian Clements
Director of Permit Services
For: Mark Montelongo
Program Manager
343
AGENDA ITEM NO. 12.
218
AGENDA ITEM NO. 17.

N. SUNNYSIDE AVENUE ALLUVIAL AVENUE CONCEPTUAL STRIPING PLAN PLAN VIEW GRAPHIC SCALE (IN ENGLISH UNIT) 4 SCALE.: 1" = 30' FEET
0 15' 30' 60' CITY ENGINEER - MICHAEL HARRISON SUPERVISING ENGINEER - THAD AVERY CIVIL ENGINEER - THOMAS CHENG ALLUVIAL AVENUE FORDHAM AVENUE FORDHAM AVENUE ALLUVIAL AVENUE N. RENN AVENUE FOWLER AVENUE Figure 3 - Alluvial Avenue Restriping Concept Attachment 4 219
AGENDA ITEM NO. 17.

Figure 4 - Church Site
AGENDA ITEM NO. 17.

LEVEL 1
0' - 0"
LEVEL 2
10' - 6"
EAVE
20' - 7"

BLDG HT
30' - 4"
1/8" = 1'-0"

SOUTH ELEVATION
Fin. Floor
0'-0"
Top of Main Parapet
25'-0"
2nd Floor
10'-1"
Elevation
33'-0"
1/8" = 1'-0"
Front Elevation (South)
Original Elevation Updated Elevation Figure 5 - Elevations 221
AGENDA ITEM NO. 17.

LEVEL 1
0' - 0"
LEVEL 2
10' - 6"
EAVE
20' - 7"

BLDG HT
30' - 4"
LEVEL 1
0' - 0"
LEVEL 2
10' - 6"
EAVE
20' - 7"

BLDG HT
30' - 4"

PROJECT

REVISION

ISSUE DATE
PROJECT NO.

DATE

THE INFORMATION DEPICTED ON THIS DOCUMENT IS PROPRIETARY AND THE SOLE PROPERTY OF CRAWFORD ARCHITECT INCORPORATED. ANY USE OR DISCLOSURE OF THIS INFORMATION

IS EXPRESSLY PROHIBITED WITHOUT THE WRITTEN CONSENT OF CRAWFORD ARCHITECT INCORPORATED. COPYRIGHT ©
2023 CRAWFORD ARCHITECT
INCORPORATED.

PRESENTATION

ELEVATIONS
A200

THE PALMS AT
1491 ALLUVIAL
1491 ALLUVIAL AVE CLOVIS, CA 93611
04/05/2023
21061
1/8" = 1'-0"

SOUTH ELEVATION
1/8" = 1'-0"

NORTH ELEVATION
1/8" = 1'-0"

EAST ELEVATION
1/8" = 1'-0" WEST ELEVATION
Attachment 5
AGENDA ITEM NO. 17.

Clovis City CouncilMay 1, 2023

Clovis City Council
May 1, 2023