Agenda packet — Clovis City Council, May 8, 2023 (part 1 of 3)

May 08, 2023 - 1 - 2:18 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 8, 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). Notificatio n 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Chamber.

The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; you may participate by calling in by phone (see “Verbal Comments” below); and you may view the meeting which is webcast and acces sed at www.cityofclovis.com/agendas.

Written Comments

 Members of the public are encouraged to submit written comments at:
www.cityofclovis.com/agendas at least two (2) hours before the meeting (4:00 p.m.). You will be prompted to provide:

 Council Meeting Date
 Item Number
 Name
 Email
 Comment

 Please submit a separate form for each item you are commenting on.

 A copy of your written comment will be provided to the City Council noting the item number.

If you wish to make a verbal comment, please see instructions below.

 Please be aware that any written comments received that do not specify a particular agenda item will be marked for the general public comment portion of the agenda.

 If a written comment is received after 4:00 p.m. on the day of the meeting, efforts will be made to provide the comment to the City Council during the meeting. However, staff cannot guarantee that written comments received after 4:00 p.m. will be provided to City Council during the meeting. All written comments received prior to the end of the meeting will be made part of the record of proceedings.

Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 www.cityofclovis.com
1 May 08, 2023 - 2 - 2:18 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 you r comments to 5 minutes or less, or 10 minutes per topic

Webex Participation

 Reasonable efforts will be made to allow written and verbal comment from a participant communicating with the host of the virtual meeting. To do so, a participant will need to chat with the host and request to make a written or verbal comment. The host w ill make reasonable efforts to make written and verbal comments available to the City Council. Due to the new untested format of these meetings, the City cannot guarantee that these written and verbal comments initiated via chat will occur. Participants w anting 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 Pearce

ROLL CALL

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, furth er reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

CONSENT CALENDAR - Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the C onsent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar. For adoption of 2 May 08, 2023 - 3 - 2:18 PM ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.

1. Administration – Approval – Updated Program Guidelines for Clovis’ Home Rehabilitation Grant Program.

2. General Services - Approval – Award of Workers’ Compensation Claims Administration Services Contract to Acclamation Insurance Management Services, Incorporated in the amount of $870,552 over the next three (3) years.

3. General Services - Approval – Res. 23-___, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Finance Manager Classification with a Salary Range of $10,635 to $12,927 per month, and Approval – Res. 23-___, Amending the City’s FY 22-23 Position Allocation Plan.

4. General Services – Approval - Claim Rejection of the General Liability Claim of Edgar Lawson, Jr.

5. General Services – Approval - Claim Rejection of the General Liability Claim on behalf of Christian Perez.

6. Public Utilities – Approval – Final Acceptance for SPR 1987 -048A, 79 N. Sunnyside Avenue Site Improvements.

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.

7. Consider Approval – Res. 23-___, Adoption of the City of Clovis 2023 -2024 Annual Action Plan for the expenditure of Community Development Block Grant Funds.

Staff: Claudia Cazares, Management Analyst
Recommendation: Approve

8. Consider Approval – Update on Community Services Fee Policy.

Staff: Amy Hance, General Services Manager
Recommendation: Approve

9. Consider items associated with various fees under the Planning and Development Services Department and find that the project is exempt from further environmental review under Section 15061(b)(3) of t he California Environmental Quality Act Guidelines. City of Clovis, applicant.

a. Consider Approval - Res. 23-___, A request to approve a resolution amending Plan Check, Inspection Services, Encroachment Permits, and Community Investment Program Rates.

b. Consider Approval - Res. 23-___, A request to approve the 2023 City of Clovis Planning Division fee schedule.

c. Consider Introduction - Ord. 23-___, A request to approve an ordinance of the City Council of the City of Clovis amending Section 8.1.01.1 of Chapter 8.1 of Title 8 3 May 08, 2023 - 4 - 2:18 PM relating to amendments to uniform administrative code to add Photovoltaic and Energy Storage Systems fee Table S-1.

Staff: Sean Smith, Supervising Civil Engineer / George Gonzalez, Senior Planner / Douglas Stawarski, Building Official
Recommendation: Approve

10. Consider Approval – Res. 23-___, A resolution revising the Master Development Fee Schedule and Providing a Description of Fees to be Requested for County Adoption.

Staff: Sean Smith, Supervising Civil Engineer
Recommendation: Approve

11. Consider Approval - Res. 23-___, A Resolution of the City Council for the City of Clovis Confirming Assessment for Costs for Abatement of Nuisances and/or Administrative Citations for the following Properties (collectively “Properties”):

• 2395 Beverly Avenue, Clovis, CA 93611, APN No.: 551-211-23 • 607 Coventry Avenue, Clovis, CA 93611, APN No.: 554-105-01 • 2951 Purvis Avenue, Clovis, CA 93611, APN No.: 554-073-05S • 101 N. Pollasky Avenue, Clovis, CA 93612, APN No.: 491-133-01 • 1495 Fourth Street, Clovis, CA 93612, APN No.: 491-191-10 • 982 Rosebrook Drive, Clovis, CA 93612, APN No.: 498-082-08 • 3155 Winery Avenue, Clovis, CA 93612, APN No.: 430-491-03 • 1419 Chennault Avenue, Clovis, CA 93611, APN No.: 563-101-02 • 339 W. Ashcroft Avenue, Clovis, CA 93612, APN No.: 499-322-17 • 660 Barstow Avenue, Clovis, CA 93612, APN No.: 497-150-32

Staff: Andrew Haussler, Assistant City Manager
Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS

CLOSED SESSION - A “closed door” (not public) City Council meeting, allowed by State law, for consideration of pending legal matters and certain matters related to personnel and real estate transactions.

12. Government Code Section 54956.8
Conference with Real Property Negotiator
Property: 1625 Shaw Avenue, #101, Clovis, CA Agency negotiator(s): Andy Haussler, Assistant City Manager; John Holt, City Manager
Negotiating party: Pro Ag Management, Inc. & Jamison Family Community Property Trust
Under negotiation: price and terms of payment

4 May 08, 2023 - 5 - 2:18 PM

13. Government Code Section 54956.8
Conference with Real Property Negotiator
Property: 1011 Fifth Street, Clovis, CA Agency negotiator(s): Andy Haussler, Assistant City Manager; John Holt, City Manager
Negotiating party: Judicial Council of California
Under negotiation: price and terms of payment

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

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 15, 2023 (Mon.)
June 5, 2023 (Mon.)
June 12, 2023 (Mon.)
June 19, 2023 (Mon.)

5 TO: Mayor and City Council
FROM: Administration
DATE: May 8, 2023
SUBJECT: Administration – Approval – Updated Program Guidelines for Clovis’ Home Rehabilitation Grant Program.

ATTACHMENTS: 1. City of Clovis – Home Repair Guidelines

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 approve the updated program guidelines for Clovis’ Home Rehabilitation Grant Program.

EXECUTIVE SUMMARY
Staff has updated the Home Rehabilitation Grant Program Guidelines to reflect changes that will allow the City to deliver the assistance to its low -income homeowner residents in the most efficient and effective way , and to increase the maximum grant funding available per home to $8,000 to account for a rise in construction costs.

BACKGROUND
The Home Rehabilitation Grant Program is typically funded through the federal Community Development Block Grant (CDBG) Program. However, it is anticipated the program guidelines would apply to both CDBG funds and any future funding sources eligible for use within the parameters of the approved guidelines.

The primary goal of the program is to provide financial assistance to own er-occupied, low - income households in Clovis (including mobile home owners) to correct health and/or safety issues in the home. Currently, the assistance is provided as a grant with a maximum assistance level of $ 6,000. Applications for the program are ac cepted on a first -come, first-served basis with new applications regularly available upon the start of the City’s program year (July 1 of each year).
6 AGENDA ITEM NO. 1.

The last update to Clovis’ Home Rehabilitation Grant Program guidelines occurred in October 2020. Since then, it has become necessary to update the program guidelines to reflect changes to the critical housing needs of Clovis’ low-income residents. Updates include changes to better capture the existing process workflow, which includes utilizing two non -profit inspection and construction management companies to provide the following work: inspections, scope of work, bidding, construction management and project closeout. Additionally, staff has also updated the guidelines to identify additional eligible repair items such as weatherization repairs and improvements, as a secondary repair goal.

The most significant recommended update is the increase in the maximum amount of assistance from the currently authorized $6,000 per household , to a maximum of $8,000 per household.

This has become necessary as the costs of construction, labor and materials continue to rise.

None of the updates change household eligibility criteria as currently authorized by the funding agency (U.S. Department of Housing and Urban Development – HUD). If approved, the updates will go into effect with the start of the new program year, July 1, 2023.

FISCAL IMPACT
All funding for the program comes from federal and/or state grant funds, which are provided on a reimbursement basis. The expenditures have been included in the 202 3-24 City of Clovis budget.

REASON FOR RECOMMENDATION
Significant changes in needs of the City’s low -income homeowners, and costs related to the repairs prompted staff to request Council approval of the updated program guidelines.

ACTIONS FOLLOWING APPROVAL
Staff will implement update at the start of the new program year, July 1, 2023.

Prepared by: Claudia Cazares, Management Analyst

Reviewed by: City Manager JH

7 AGENDA ITEM NO. 1.

CITY OF CLOVIS

OWNER-OCCUPIED

HOME REHABILITATION

GRANT PROGRAM GUIDELINES

presented for adoption to City Council on
May 8, 2023

Effective Date: July 1, 2023

Attachment 1 8
AGENDA ITEM NO. 1.

CITY OF CLOVIS

OWNER-OCCUPIED HOME REHABILITATION GRANT

PROGRAM GUIDELINES

The City of Clovis (“City”) supports efforts to improve the City’s affordable housing stock. The Owner- Occupied Home Rehabilitation Grant Program (“Program”) , described herein, is designed to provide financial assistance to eligible owner-occupied households to correct health and safety issues in the ir home by providing grants of up to $ 8,000. Applications for the City’s Owner -Occupied Home Rehabilitation Grant Program can be obtained by calling the City of Clovis at (559 ) 324-2094, or they can be picked up at Clovis City Hall – Administration Department, 1033 Fifth Street, Clovis, CA.

The funding source used by the City for this Program is the Community Development Block Grant (CDBG), funded by the U.S. Department of Housing and Urban Development (HUD).

I. APPLICANT ELIGIBILITY

Conflict of Interest
To the extent consistent with Federal and State conflict of interest laws as they apply to local government officials, employees and agents, the following rules shall apply regarding eligibility for this program. No member of the governing body of the City nor other official, employee, or agent of the City government who exercises policy or decision -making authority in connection with the planning and implementation of the Progr am shall directly or indirectly be eligible for this Program. This ineligibility shall continue for one year after an individual’s relationship with the City ends.

Income
To be eligible to participate in the City’s program, gross household income must not exceed eighty percent (80%) of the area median income (AMI) for Fresno County, which is adjusted for household size and reported in the most current income guidelines publ ished by HUD. The applicant’s income combined with the income of all household members, related or non-related, aged 18 and older cannot exceed 80% of AMI. All persons in the residence are considered household members for the purpose of income eligibility.

Fair Housing
This policy will be implemented consistent with the City’s commitment to fair housing practices.

No person shall be excluded from participation in, denied the benefit of, or be subjected to discrimination on the basis of his or her religion or religious affiliation, age, race, color, ancestry, national origin, sex, marital status, familial status (children), physical or mental disability, sexual orientation, or any other arbitrary cause. Individuals who believe they have been discriminated against in a housing-related action may contact the City of Clovis Affordable Housing Program Manager at (559) 324-2094, or the Fair Housing Council of Central California at (559) 244-2950.

Race and Ethnicity
Applicants will be requested to identify race and ethnicity at the time of submitting an application.

All applications will be processed in accordance with state and federal fair lending regulations to assure nondiscriminatory treatment, outreach, and access to the Program. No person shall be excluded or denied benefits on the grounds of age, ancestry, color, creed, physical or mental disability or handicap, marital or familial status, medical condition, national origin, race, religion, gender or sexual orientation.

9 AGENDA ITEM NO. 1.

Preferences
The City will establish a waiting list for assistance and will provide assistance on a first -come, first-served basis. Preference will be given to households living in imminently unsafe conditions.

Temporary Relocation
Households approved for this program generally are not eligible for temporary relocation benefits in conjunction with the Home Rehabilitation Grant Program.

II. PROPERTY ELIGIBILITY

Location
To be eligible to participate in the City’s Program, the property must be an owner-occupied residence located in the incorporated area of the City of Clovis.

Property Condition
The primary goal of this Program is to correct health and safety issues within the City.

Rehabilitation work must first be used to eliminate health and safety hazards to occupants and the public, including providing improvements for persons with mobility issues . The secondary goals of the program is to provide for weatherization, and other non-health and safety repairs.

Property Improvements

 Eligible Improvements – The primary goal of the City’s Program is to correct health and safety issues in a home, and provide improvements for persons with disabilities, in order to help preserve Clovis’ affordable housing stock . Repairs are limited to it ems physically attached to the property and permanent in nature. Examples of eligible repair/replacement items, in order of importance, include, but are not limited to:

 Water Heaters
 HVAC Systems
 Roofs
 Electrical
 Unsafe Flooring
 Unsafe Porches/Steps
 Broken/Nonfunctioning Exit/Entryway (including windows)  Plumbing
 Architectural Barriers for Disabled and/or Handicapped Persons  Stoves/Ovens
 Windows replacement for Weatherization
 Weatherization Repairs
 Other related and necessary repairs as approved by City staff

 Non-eligible Improvements – Unnecessary physical improvements, repairs of a cosmetic nature, and repairs to structures not legally attached to the home (e.g. unattached garages, sheds, etc.)

III. APPLICATION PROCEDURE

Application Forms
Applicants may call the City and request a pre-application packet to be mailed or schedule an appointment with a City representative to discuss in person the program and the application 10 AGENDA ITEM NO. 1.
process. A pre-application packet can also be picked up at the Clovis Administration Building, Affordable Housing Programs, 1033 Fifth Street, Clovis, CA.

Only complete application packets will be accepted and evaluated for preliminary eligibility, on a first come first served basis. A complete application packet includes, but is not limited to, the following:

 Application; and
 Documentation to verify income from all sources of all household members aged 18 and older; and
 Proof of ownership of the home (or mobile home); and
 Other requirements as identified in the pre-application

If an applicant is deemed to be eligible based on the pre -application and preliminary documentation provided, they will be required to provide additional information as needed, including completing a more in-depth application.

Approval Process
The following is a list of procedures followed when applying for a rehabilitation grant:

 Pre-Application – A Pre-application must be c ompleted by the owner (s) of the home .

This includes listing all household members, and their income and asset information.  Preliminary Approval – A City representative will evaluate the application and all supporting documentation to determine if the applicant meets preliminary requirements for the program. Preliminary eligibility will be based on income and ownership.  Complete Application – Upon preliminary eligibility, applicant will be required to provide additional qualifying information including the submittal of a more complete application.  Environmental Review – When a determination of eligibility is made, a City representative will prepare an Environmental Appendix A level of review for the project to be maintained in the project file.
 Inspection – An inspection will be scheduled with the homeowner and will be conducted by a City appointed Construction Inspector/Manager. Further program eligibility will be determined by demonstrated need at the time of inspection (existence of health and safety deficiencies, and/or other eligible repairs within the home).  Work Write-Up – Inspector will draft a scope of work (work write-up) of eligible repair items for City review , and for approval by the City Project Review Committee . A list of the approved repair items will also be provided to the homeowner for review and approval.  Project Review Committee – The City Project Review Committee is made up of City staff and makes the final determination of the applicant’s general eligibility and eligibility of the needed r epairs and improvements. The applicant will be notified in writing of the Committee’s decision.
 Rehabilitation Construction Bids – The City appointed Construction Inspector /Manager will work with the homeowner and assist in obtaining rehabilitation construction bids from a list of contractors who have been determined to meet the requirements for completing work for the program . The homeowner will be given an opportunity to add additional contractors to the list as long as the contractor meets the requirements of the program (e.g. state licensing, current business license, etc.).  Bid Review – Construction Inspector/Manager Clovis staff will act as the clearinghouse for receiving and opening bids. Construction Inspector/Manager City staff will review each for reasonableness, competitiveness, and completeness. Once the lowest and 11 AGENDA ITEM NO. 1.
best bid has been determined, and agreed upon/selected by the homeowner, a Notice to Proceed will be mailed to the awarded contractor. A copy of the notice will be mailed to the homeowner.
 Change Orders – The City expects contractors submitting project bids to do a thorough inspection of the item(s) to be repaired prior to preparing the bid. Change orders will only be approved if they are necessary to complete the repairs, could not be anticipated prior to construction, and upon recommendation by the Construction Inspector. Payment will not be issued for change orders unless they have been approved in writing by the homeowner, the Construction Inspector/Manager and a City representative prior to the additional work beginning.

Pre-Construction Requirements
Debris, furniture and belongings removal is a pre-construction requirement for a homeowner’s participation in the program. City staff must be able to access and inspect the parts of the home wherein repairs are needed, and contractors must be able to access those same areas in order to provide estimates and complete the repairs. The work area of the home must be in a clean and sanitary condition, free of debris, prior to project approval.

IV. FINANCING

Grant Limits
Grants of up to $8,000 are available for eligible program repairs. Grant amounts will be determined by actual need/cost of the repairs. The maximum grant to homeowners for repairs shall not exceed the amount required to fund costs associated with eligible improvements .

Eligible homeowners are allowed to participate in the program only once every 5 years.

Term of Financing
Grant – The City’s assistance is provided as a grant, therefore there is no repayment required as long as the homeowner continues to live in the property for one year after the assistance is provided.

Loan Conditions
Ownership and Occupancy – If the homeowner does not continue to occupy and own the subject property for a period of one year immediately following project completion, the grant funds provided must be immediately repaid in full to the City of Clovis.

V. REHABILITATION CONTRACTORS

Requirements
The City-appointed Construction Inspector/Manager will keep a list of eligible contractors for the repair program. However, homeowners can contact/contract any contractor of their choosing as long as they meet the criteria below, with pre -approval from their assigned Construction Inspector/Manager and City staff.

General Contractor Participation Criteria:

 The contractor must hold a current and valid State of California General Contractor’s license.
 The contractor cannot be on the State or Federal Debarred Contractors list.  The contractor must have a City of Clovis business license. 12 AGENDA ITEM NO. 1.
 The contractor must have current and valid General Liability and Workmen’s Compensation Insurance.
 The contractor must provide a one-year warranty for their work.

Bids submitted by contractors who do not meet the criteria will not be considered.

Construction Process
After the contractor has been selected, and a Notice to Pro ceed issued, the Construction Inspector/Manager shall make arrangements with the Contractor and the homeowner to begin the repairs. The contractor will be responsible for making sure all required permits have been secured, depending on the type of work to be performed. The contractor will also be responsible for requesting required inspections from the Construction Inspector/Manager for work being performed, and for submitting proof of the permits/inspections prior to receiving payment .

Contractor will have 30 calendar days from the date of the Notice to Proceed to complete the project. Timeline extensions may be provided on an as needed basis, as pre -approved by the Construction Inspector/Manager, and City staff.

Contractor Payment
The Construction Inspector/Manager entity (or City), will pay the Construction contractor directly and request reimbursement from the City. No funds will be distributed to the homeowner. Once the work has been completed, the contractor shall provide the Construction Inspector/Manager with all required Permits, Proof of Permit Inspection and Close -Out, and a Homeowner Satisfaction Statement signed by the homeowner. Once all required and completed documentation has been provided, payment may be approved and processed. A 90% retention will be kept on payments, no other partial payments will be permitted.

Contractor/Homeowner Disputes
The agreement to complete work rests solely between the homeowner and the contractor, and therefore the City is not a party to the agreement. However, should a dispute arise, the City is willing to act as an intermediary to assist in an agreeable resolution. If it is deemed a contractor has not made a good faith effort to resolve the matter, or has been negligent, the contractor may be barred from participation in future City -funded projects. The homeowner may pursue legal action against the contractor through Small Claims Court and/or the State Contractors License Board.

VI. PROGRAM COMPLAINT AND APPEAL PROCEDURE

Complaints by applicants, residents or property owners regarding the City’s Program should be made to the City’s Director of Economic Development , Housing and Communications Department. The Director, or a designee, will investigate the complaint, prepare an analysis and recommendation and will schedule a discussion of the complaint with the Loan Review Committee. If the matter is not resolved to the satisfaction of the person filing the complaint, this person may submit a written appeal addressed to the City’s Loan Review Committee. The Loan Review Committee will be convened within fifteen (15) days from the date the appeal is received unless a longer period of time is requested by the appellant. Within five (5) working days from the date the appeal is he ard by Loan Review Committee, the City will mail a written response of the Committee’s decision to the appellant. If the appellant is still not satisfied with the decision, they may appeal in writing to the Clovis City Manager following the same time line and procedures above. The decision of the City Manager will be final.

13 AGENDA ITEM NO. 1.

VII. AMENDMENTS

Amendments to these guidelines may be made by the City whenever appropriate to improve Program effectiveness and to resolve problems. As part of the amendment adoption process, the City will review the policies of the funding source to ensure continuing c ompliance with published policies. Copies of amendments will be submitted to the U.S. Department of Housing and Urban Development CPD Representative for Clovis.

Substantial program amendments, including increasing of the grant funding amount will be provided to the Clovis City Council for review and approval before being implemented.

Revised May 8, 2023, by Clovis City Council
Effective July 1, 2023
14 AGENDA ITEM NO. 1.

TO: Mayor and City Council
FROM: General Services Department
DATE: May 8, 2023
SUBJECT: General Services - Approval – Award of Workers’ Compensation Claims Administration Services Contract to Acclamation Insurance Management Services, Incorporated in the amount of $870,552 over the next three (3) years.

ATTACHMENTS: 1. Draft Contract

RECOMMENDATION
Accept the proposal submitted by Acclamation Insurance Management Services (AIMS) for provision of Workers’ Compensation claims administration services for the period of July 1, 2023, through June 30, 2026, with the option to extend the contract with City Manager approval through June 30, 2028.

EXECUTIVE SUMMARY
AIMS is the current vendor for third -party administration of the City’s self -insured workers’ compensation program. The City’s contract with AIMS is scheduled to expire on June 30, 2023.

In anticipation of the contract expiration, staff issued a Request for Proposals for this service .

After careful review and analysis of the proposals submitted, it is recommended that the City enter into a contract for an additional three (3) years with AIMS with the option to extend the contract an additional two (2) years with City Manager approval until June 30, 2028.

BACKGROUND
Since 1979, the City has utilized the services of a third -party administrator (TPA) to manage its self-funded workers’ compensation program. The program currently operates with a self-insured retention of $250,000 with losses beyond this amount covered through the City’s participation in the Local Agency Workers Compensation Excess Joint Powers Authority (LAWCX). Since the current agreement for workers’ compensation claims administration services expires on June 30, 2023, staff prepared and distributed a Request for Proposal (RFP), which was received by 15 AGENDA ITEM NO. 2.
14 firms. The RFP identified the more than thirty-two (32) scope of work elements summarized as follows:

 Claims management, review and investigation
 Audit review and payment of medical and prescription bills  Management of referrals to medical providers
 Claims record management
 Payment of benefits to injured employees
 Maintaining compliance with California law
 Bill Review and Managed Care

In response to the RFP, the City received two (2) proposals. Both of the proposals received met the City’s criteria for the services requested and were considered viable proposals. The proposals were rated based on the criteria summarized below:

 Performance record and consistent professional service and reputation in the industry
 Management / staff qualifications and experience
 Presence of a local office to administer the City’s account  Cost effectiveness of medical and legal cost containment services and activities  Overall value of the services proposed

Staff interviewed the two (2) vendors based on their proposal responses and services provided.

The vendors included AIMS and TRISTAR Insurance Group.

The following chart shows the costs for administration services proposed by these vendors.

Proposed Administration Costs

Vendor FY 23/24 FY24/25 FY 25/26 TOTAL

TRISTAR $223,858 $231,343 $239,090 $694,291
AIMS $250,235 $256,491 $262,903 $769,629

It is standard industry practice to use the bill review and medical case management services associated with the TPA firm. All vendors submitted proposed pricing for these services. Staff analyzed the proposal’s bill review costs by using the number of bills received by the City for the past year and applying the vendor’s fee calculatio ns to establish an estimated cost for bill review services for each proposal. Staff’s methodology for estimating the proposed services was confirmed by the vendors as the rate methodologies used for bill review services varied by vendor.

16 AGENDA ITEM NO. 2.

The following chart shows the aggregate proposal costs including administration and estimated bill review costs.

Three (3) Year Administration Costs, Plus Estimated Bill Review Costs

Vendor Administration Bill Review TOTAL

AIMS $769,629 $100,923 $870,552
TRISTAR $694,291 $277,892 $972,183

Staff’s assessment of the proposals indicates that both of the vendors under consideration are capable of providing the City with quality services. Each vendor has service features that distinguish it from others. However, it was determined that the proposal submitted by AIMS provides the best overall value for the City. In addition, AIMS has provided excellent, responsive service for the City for the last nineteen (19) years. In conjunction with City staff, AIMS has helped contain costs through results -driven claims administration, aggressive bill review, medical case management and reduction of litigated City claims. AIMS has committed to maintaining a local office, the assignment of the cur rent examiner on the City’s account and providing excellent quality of service. As a result, staff recommends that the City enter into a three (3) year agreement with AIMS, with an option to extend for an additional two (2) years with an administrative cost increase at two and half percent increase (2.5%) per year .

FISCAL IMPACT
The projected cost for the services over the next three (3) years is $870,552. The projected cost to extend the contract for an additional two years is $613,000.

REASON FOR RECOMMENDATION
The proposal submitted by AIMS meets all of the City’s criteria for provision of workers’ compensation claims administrative services. AIMS is a well-established firm and has provided excellent administrative and cost containment services to the City. In a ddition, AIMS is contracted with many public entities in the San Joaquin Valley and throughout California and has the experience to administer the City’s workers’ compensation program. The overall proposal submitted by AIMS has been determined to be the be st overall value and the most cost-effective proposal received.

ACTIONS FOLLOWING APPROVAL
Staff will prepare a three (3) year agreement with AIMS for the City Manager’s signature with the option to extend the contract an additional two (2) years provid ed AIMS continues to meet the service requirements.

Prepared by: Lori Shively, Personnel/Risk Manager

Reviewed by: City Manager JH
17 AGENDA ITEM NO. 2.

1 CLAIM ADMINISTRATOR AGREEMENT

THIS AGREEMENT FOR SERVICES (this "Agreement") is made and entered into as of this 1st day of July, 2023 , between the City of Clovis, (the "Client"), and ACCLAMATION INSURANCE MANAGEMENT SERVICES, INC. ("Claim Administrator" and/or "AIMS") for Claim Administrator to provide to Client medical and disability management services necessary to achieve the purposes of this Agreement ("Services"). The City of Clovis and Acclamation Insurance Management Services, Inc. may each be referred to herein as a "Party", or collectively as "Parties".

In consideration of the mutual covenants herein contained, the Parties hereto agree as follows:

I. APPOINTMENT AND AUTHORITY

A. Subject to the express limitations of authority set forth herein and in accordance with the provisions of this Agreement, the Client hereby appoints AIMS to adjust and administer claims, and AIMS accepts such appointment, for such class(es) of business and in such territories as are set forth in Schedule A attached to this Agreement. AIMS and its employees, in their performance of their duties under this Agreement shall do so as independent contractors, and shall act in compliance with such rules, regulation s, or instructions as the Client may prescribe in writing.

B. In executing the Services contemplated under this Agreement, the Claim administrator agrees and is hereby authorized:

1. To investigate, adjust, settle, resist or otherwise process all submitted claims, pursuant to the procedures and within the authority granted by the Client as set forth in Schedule B attached to this Agreement.

2. To investigate, adjust, settle, resist, or otherwise handle all submitted claims in excess of the authority granted or in variance of the procedures only with the prior approval of the Client.

3. To make payment on claims approved for settlement in accordance with the procedures set forth in Schedule B attached.

4. To handle all submitted claims according to the requirements of any appropriate legislative and/or regulatory authority.

ATTACHMENT 1
18 AGENDA ITEM NO. 2.

2 5. To file any reports, maintain any licenses or any other authorization necessary or required by law to carry out the Claim Administrator's obligations and duties under this Agreement.

C. The Claim Administrator has the authority to do whatever is reasonably necessary, legal and proper to administer claims within the Claim Administrator's settlement authority limit and in accordance with the procedures established under this Agreement. The Claim Administrator shall, in connection with such claims, exercise its own judgment unless the Client specifically advises otherwise.

II. RECORDS AND REPORTS

A. Prior to the start of this Agreement, at a date to be mutually agreed to by both Parties, Claim Administrator shall retrieve, at its own expense, all open claim files from the Client or the Client's designated representative. It is understood that AIMS shall not be responsible for any expenses related to the retrieval of the Client's closed claims from the Client or the Client's designated representative. All claim files, both open and closed, remain the property of the Client no matter where they are held or stored.

B. The Claim Administrator shall keep accurate, complete, and separate records of all claims handled pursuant to this Agreement on a timely basis and for the duration set forth herein, or as required by law and/or regulation. The claim files and records shall be established and maintained in accordance with the terms of this Agreement and any applicable law and/or regulation and shall at a minimum contain all documents, notes, and work papers that reasonably pertain to each claim in such detail that pertinent events and the dates of the events can be reconstructed and the Claim Administrator's actions pertaining to the claim can be ascertained.

C. The Client, or its duly authorized representative, and any state insurance regulatory official may at all reasonable times inspect and copy any and all files, records, books, and bank account records maintained by the Claim Administrator pursuant to this Agreement. This right to inspect and copy records, books and bank account records shall survive the cancellation, suspension or termination of this Agreement and shall continue until all claims under this Agreement have been closed or returned to the Client, and all regulatory requirements have been met.
19 AGENDA ITEM NO. 2.

3 D. The Claim Administrator shall furnish the Client and/or its designee(s) with standard loss run reports on a periodic and timely basis. The reports shall contain such information, in such form, and on such schedule as is reflected in Schedule B attached to this Agreement.

E. It is understood that the Claim Administrator operates in a paperles s/digital environment, and that it is standard policy to destroy physical mail thirty (30) days after receipt. All physical mail is electronically scanned and maintained in the Claim Administrator's systems and may be accessed at any time.

F. The Claim Administrator shall not be responsible for any State Mandated Reporting of Medical Payments, unless the Client uses the Bill Review services offered by Allied Managed Care. Inc.

Ill SERVICE FEES AND EXPENSES

A. Subject to compliance by the Claim Administrator with the terms and conditions of this Agreement, the Client will pay, and the Claim Administrator will accept as full compensation for the Services provided under this Agreement the service fees as set out in Schedule C attached to this Agreement.

B. AIMS shall send monthly invoices to the Client for Services contemplated in this Agreement. Client shall pay Contractor undisputed charges within thirty (30) days of receipt of the invoice. If any charges are disputed, the Client shall pay the undisputed charges, if any, within thirty (30) days of receipt of the invoice.

Client and the Claim Administrator shall engage in good faith negotiations to attempt to resolve any disputed charges.

C. In the event that Client has a good faith basis to dispute a portion or all of an invoice, it will notify the Claim Administrator in writing with the specific reasons for such dispute within fifteen (15) days of receiving such invoice and pay the remaining undisputed amounts as provided herein.

D. The Client shall also be responsible for and shall pay all Allocated Loss Expenses, as defined herein, in addition to the Service fees as provided for in this Agreement.

For the purposes of this contract, Allocated Loss Expens es include but are not limited to the following:

1. Fees for medical examinations of claimants, including the reasonable and necessary transportation expenses of claimants.

2. Costs of reports from attending or examining physicians. 20 AGENDA ITEM NO. 2.

4 3. Attorney’s fees and disbursements.

4. Costs of court report services and transcripts.

5. Witness attendance fees.

6. Printing costs related to trials and appeals.

7. The costs of credit bureau reports.

8. The costs of private investigators.

9. The costs of photographs.

10. Medical or vocational rehabilitation costs.

11. Charges for medical costs containment services, i.e., utilization review, pre - admission authorization, hospital bill audit, provider bill audit and medical case management.

12. The costs of any similar service related to the investigation and defense of a particular claim, or the protection of and collection of the subrogation rights of the Client, for which the Client shall have given prior approval.

13. Mediation and arbitration costs.

14. Medicare Lien negotiation.

Such Allocated Loss Expenses are limited to reasonable, customary and necessary expenses incurred by the Claim Administrator in the course of the performance of its duties under this Agreement.

IV. COMPLIANCE WITH STATE INSURANCE CODES

A. The Claim Administrator agrees to operate at all times in compliance with the terms of this Agreement, including all Schedules attached hereto, and in all material respects with applicable federal, state, and local statutes, regulations, codes and ordinances, including those applicable to unfair trade and claim practices, complaint handling, records retention, and data security practices pertaining to the services contemplated under this Agreement.

B. The Claim Administrator agrees to implement appropriate measures to ensure the security and confidentiality of non -public personal information provided by the Client. The Claim Administrator further agrees, upon request by the Client, to provide confirmation that such measures have been implemented.

21 AGENDA ITEM NO. 2.

5 V. TERM AND TERMINATION

A. The term of this Agreement shall be for a period of three (3) years commencing on the date first written above. During the term of this Agreement the Claim Administrator is the Client's only Claims Administrator in connection with claims outlined on Schedule A attached. All new notices of such claims that the Client or its designee(s) first receive during the term of this Agreement will be forwarded only to the Claim Administrator for the purposes of providing the Services as set out herein. Upon mutual agreement, confirmed in writing by both parties, AIMS and the Client may extend this Agreement on a year-to-year basis for no more than three years.

B. Either Party may cancel this Agreement by giving the other party sixty (60) days advance written notice of its intention to do so.

C. The Claim Administrator warrants that it and its adjuster employees now have all licenses necessary to conduct the business described in this Agreement. The Claim Administrator agrees it and specifically t he adjusting employees who are assigned to the Client's account will maintain during the term of this Agreement any such necessary licenses. In the event that any such license expires or terminates, for any reason, the Claim Administrator shall notify the Client no later than fifteen (15) days after the date of the license expiration or termination and shall make commercially reasonable efforts to renew or acquire new and necessary licenses within forty five (45) days of such notice. If AIMS is unable to acquire such licenses, this Agreement shall automatically terminate unless the Client agrees, in writing, to modify the provisions set forth in this paragraph.

D. This Agreement covers the initial period stated above unless cancelled pursuant to the provisions of this Agreement. Any continuation or renewal shall be the subject of further negotiations between the parties. If the Agreement is not renewed, the Client shall exercise one of the following options within thirty (30) days prior to the date of termination:
22 AGENDA ITEM NO. 2.

6 1. Require the Claim Administrator to conclude the handling of all open claims as provided herein, subject to all the terms and conditions of this Agreement.

2. Require the Claim Administrator, at the termination of the Agreement, to deliver all files to the Client or a destination identified in writing by Client. Any time and expense incurred by the Claim Administrator in the delivery of such files will be billed to the Client, with supporting documentation for such billing, and the Client shall pay such billing to the Claim Administrator within thirty (30) days from the billing date.

The Claim Administrator shall be entitled to payment for all undisputed Services rendered up to that time according to the terms of this Agreement.

VI. INSURANCE AND INDEMNITY

A. The Claim Administrator is required to maint ain in full force and effect during the term of this agreement insurance coverage in accordance with the terms and procedures set forth in Schedule D.

B. The Claim Administrator hereby agrees to, at all times hereafter, defend, indemnify and hold the Client harmless from all claims, liability or loss which result from real or alleged, negligent or willful acts, or errors or omissions of the Claim Administrator, or the servants, agents or employees of the Claim Administrator, in the performance of duties under this Agreement. Included are all costs, expenses, attorney fees and other legal fees, penalties, fines, direct or consequential damages, assessments, verdicts (including punitive damages to the extent permissible under the law of the state where the Claim Administrator maintains its principal office) and any other expense or expenditure incurred by Client as a result of the Claim Administrator's performance or lack of performance under the terms of this Agreement.

VII. DISPUTE RESOLUTION
A. Disputes arising out of or relating to this Agreement, other agreements between the parties, or any other relationship involving Client and AIMS (whether occurring prior to, as part of, or after the signing of this Agreement) shall first be resolved by good faith negotiations between representatives of the parties with decision - making authority. If either party determines that the dispute cannot be resolved 23 AGENDA ITEM NO. 2.

7 through informal negotiation, then the dispute shall be submitted to non -binding mediation. The site of the mediation and the selection of a mediator shall be determined by mutual agreement of the parties. Enforcement of any remedy available to either Party, shall be brought in the appropriate court in th e State of California, City and County of Fresno, or in the United States District Court for the Eastern District of California, and each of the Parties submits and consents to the non-exclusive jurisdiction of either of such courts for the purpose of any such suit, action or proceeding. Process in any suit, action or proceeding may be served by registered or certified mail addressed to the Party at its last known address.

VIII. CONFIDENTIALITY

A. Maintaining confidentiality of documents
During the performance of this Agreement, a Party may provide to the other Party information orally, in writing or by electronic means (whether through secured access through their respective internal websites, systems networks, and/or databases or otherwise), that is confidential and/or proprietary information ("Confidential Information") (for purposes of this Section VIII, the Party providing Confidential Information is referred to as the "Disclosing Party" and the Party receiving Confidential Information is referred to as the "R eceiving Party"), including, but not limited to: (i) business and financial data, technical data, manuals, forms, records, methods, product information, strategic plans, potential and existing strategic partner information, sales and marketing information , and other information necessary for Claim Administrator to perform its duties; (ii) trade secrets and other intellectual property, and software applications or components thereof, including the source code, whether developed in house or otherwise owned by either of the Parties; and (iii) personally identifiable consumer information and nonpublic personal information of the Client's employees, customers, and consumers. The Receiving Party shall maintain such information as confidential and shall use reasonable efforts to ensure that such information shall be used only for the purposes contemplated in this Agreement. The Receiving Party shall implement and maintain appropriate information security policies and procedures with the same care as used by a reasonable person in protecting his or her own confidential information, which policies and procedures shall include administrative, technical and physical safeguards designed to: (1) ensure the security and confidentiality of Confidential Informatio n; (2) protect against any anticipated threats or hazards to the security or integrity of Confidential Information; and (3) protect against unauthorized access to or use of Confidential Information.

The Receiving Party shall immediately notify the Disclosing Party of any breach of confidentiality and shall cooperate with Disclosing Party to remedy any such 24 AGENDA ITEM NO. 2.

8 breach. Any compilation, aggregations, reports, studies, or analyses generated by AIMS may be used internally by AIMS solely to assist in making assessments pursuant to this Agreement and shall not be disseminated.

B. Strict limits on release of Confidential Information Claim Administrator shall not release any Confidential Information to any entity or person other than the Client's employees and Claim Administrator's representatives on an as-needed basis without the express written consent of the Client or as the Claim Administrator may be required by law to disclose.

C. Court-Ordered disclosure of Confidential Information If the Claim Administrator is served with a subpoena, court order, or other legal document demanding or requiring the release of Confidential Information, Claim Administrator shall immediately give notice to the Client. The Client shall decide whether to take any legal action in response to any such subpoena, court order, or other legal document and Claim Administrator shall cooperate with and assist the Client (at no cost or expense to the Claim Administrator) in seeking a protective order, moving to quash the subpoena, or otherwise obtaining relief from disclosing Confidential Information.

IX. SEVERABILITY

A. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, shall be finally found to be void, invalid, illegal or unenforceable by a court, then notwithstanding that determination, the term or provision shall remain in force and effect to the extent allowed by such ruling and all other terms and provisions of the Agreement or the application of this Agreement to other situations shall remain in full force and effect.

B. Notwithstanding the foregoing, if any material term or provision of this agreement or the application of such material term or condition to a particular situation is finally found to be void, invalid, illegal, or unenforceable by a court, then the Parties agree to work in good faith and fully cooperate with each other to amend this Agreement to carry out its intent.

X. SPECIAL PROVISIONS

A. Special provisions, to this Agreement are specified in Schedule E, which is attached hereto and incorporated by reference herein.

25 AGENDA ITEM NO. 2.

9 XI. GENERAL PROVISIONS

A. This Agreement supersedes all prior agreements of any type whatsoever by and between the Client and the Claim Administrator.

B. The Claim Administrator's rights under this Agreement are not assignable, unless otherwise agreed upon in writing by an authorized officer of the Client.

C. The captions of the various provisions of this Agreement shall not be deemed a part of this Agreement and shall not be construed in any way to limit the content thereof but are inserted herein only for reference and for the convenience of the parties.

D. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of whi ch together will constitute but one and the same Agreement.

E. This Agreement shall in all respects be interpreted, enforced and governed under the laws of the State of California, exclusive of its choice of law rules.

F. This Agreement shall be effective as of the date first written above.

G. All notices, requests, demands and other communications hereunder must be in writing, unless specified otherwise, and shall be deemed to have been duly given if delivery by hand or mailed first class, registered mail, return r eceipt requested, postage and registry fees prepared, or by telex, facsimile, e -mail (if confirmed by the receiver), or cable and addressed as follows:

If to the Client:

City of Clovis
1033 5th Street
Clovis, CA 93612
Phone: (559) 324-2725
Fax: (559) 324-2865
E-mail: [email protected]
Attn: Personnel/Risk Manager

If to the Claim Administrator:

Acclamation Insurance Management Services, Inc.
10445 Old Placerville Road
Sacramento, CA 95827
Phone: (916) 563-1900
Fax: (916) 563-1919
Attn: President & Chief Executive Officer
26 AGENDA ITEM NO. 2.

10 Notices sent by fax will be effective upon date of fax receipt if a confirming copy is subsequently received by one of the other above methods. Addresses may be changed by notice to all Parties, in writing, signed by the addressee . Electronic mail shall be deemed received upon delivery if there is confirmation by the receiver.

Written notice provided via first class registered mail shall be deemed received three days after the date it was sent, overnight mail shall be deemed received the day after it was sent, certified mail and hand-delivered notice shall be deemed received the date it was delivered.

IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their duly authorized representative recorded below.

Dated:___________ CITY OF CLOVIS

By: __________________________________________
John Holt, City Manager
Name: _______________________________________

ATTEST
________________________________
Karey Cha, City Clerk

APPROVED AS TO FORM

________________________________
Scott G. Cross, City Attorney

Dated:___________ ACCLAMATION INSURANCE MANAGEMENT SERVICES, INC.

By:___________________________________________

Name: _______________________________________

Title: _______________________________________
27 AGENDA ITEM NO. 2.

11 LIST OF SCHEDULES

Schedule A: Program Scope and Territory

Schedule B: Claim Administration Procedures and Authority

Schedule C: Claim Service Fees

Schedule D: Insurance Requirements

Schedule E: Special Provisions

28 AGENDA ITEM NO. 2.

12 SCHEDULE A

SCOPE AND TERRITORY
Program Administrator: Acclamation Insurance Management Services, Inc.

Class of Business: Workers' Compensation, Cost Containment and Bill Review Cost Containment
Territory: California

1. Subject to the terms and conditions set forth in the AGREEMENT, AIMS shall provide the Client professional services as contained within this AGREEMENT. AIMS shall ensure that all claims are processed in accordance with California law, codes, rules, and regulations as promulgated by the Administrative Director and the Man ager of the Department of Self Insurance Plans.

2. AIMS agrees to initiate prompt processing of all claims presented to AIMS upon notification in writing, facsimile transmission, e-mail, or by telephone from Client.

3. Penalties:

1. Any penalties assessed by the Division of Workers' Compensation for delays in benefits that are the direct result of delay by AIMS shall be the responsibility of AIMS. Conversely, those penalties that are assessed as of the direct result of delay by the Client shall be the responsibility of the Client.

2. Any penalties assessed by the Division of Workers' Compensation, Audit Unit for which AIMS made negligent error as identified by a State auditor shall be the responsibility of AIMS. The Client shall be responsible for paying penalties for which the Client has made a negligent error as identified by a State auditor.

3. AIMS shall be responsible for any and all penaltie s that are the result of late payments pursuant to the statutory requirements for timely payments. If the penalties are paid from the trust fund as an add -on to a bill or benefit, AIMS shall reimburse the Client on a quarterly basis.

4. Licenses, Permits, etc.:

AIMS represents and warrants to the Client that it has all professional licenses, permits, 29 AGENDA ITEM NO. 2.

13 qualifications, and approvals of whatsoever nature which are legally required for AIMS to practice its profession. AIMS represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of the AGREEMENT any licenses, permits, and approvals which are legally required for AIMS to practice its profession.

5. Standard of Performance:

AIMS shall perform all services required pursuant to the AGREEMENT in a manner and according to the standards identified in Schedule B, and if not specified in Schedule B or elsewhere in the AGREEMENT, then the standards of performance shall be consistent with those observed by a competent practitioner of the profession in which AIMS is engaged. All products and services of any nature that AIMS provides to Client pursuant to this AGREEMENT shall conform to the standards of quality normally observed by licensed, competent professionals practicing in AIMS profession.

6. Cooperation by Client:

Client shall, to the extent reasonable and practicable, assist and cooperate with AIMS in the performance of its services hereunder. Such assistance and cooperation may include, as reasonably necessary, providing initial claim information and other material available from Client's files as may be necessary.
30 AGENDA ITEM NO. 2.

14 SCHEDULE B

CLAIM ADMINISTRATION PROCEDURES AND

AUTHORITY

1. Caseload

Each examiner assigned to the account shall have a caseload not to exceed 150 open indemnity claims. Each claim assistant assigned to the account shall have a caseload not to exceed 300 open medical only claims. In situations where caseloads include future medical and medical only claims, these claims shall be counted as 2:1 in the caseload limit. For example, if a claims examiner has 200 total claims and 50 claims are medical only, future medical care or a combination thereof, the caseload would be counted as 150 claims.

Any supervisor assigned to the account shall not have a case load but may be asked to handle specific issues.

2. Forms

AIMS shall provide all forms necessary for the processing of benefits or claims information including but not limited to: the Employer's Report of Injury, DWC Form 1, medical service orders, return to work slips, lost time information reports, vouchers, checks, and other related forms.

3. Claim File Set-Up and Diary Review

Upon receipt of the Employer's Report of Injury, AIMS will prepare an individual claim file within one (1) working day for each claim. All claim files shall be reviewed at least every thirty (30) days for active claims and at least every six (6) months for claims that have settled but are open for the employee's future medical care. The examiner shall distinguish the regular diary review from routine file documentation in the computer notepad. The supervisor shall monitor the diary reviews not less than every ninety (90) days with a note to the file reviewing the examiners plan of action, providing any necessary direction or by printing and providing the Client with a "No Activity" report each month to identify any files that have fallen off the diary system.

The plan of action shall include, but not limited to, the employee's current work status, medical status, review of reserves, and future activity to move the claims toward resolution.

31 AGENDA ITEM NO. 2.

15 4. Claim Creation - Three Point Contact

AIMS shall conduct a three -point contact process for reported claims. Contact will be made with the non-represented injured worker within twenty-four (24) hours of receipt of a claim. Contact with the Client representative and treating physician shall be made within three (3) working days of receipt of a claim. If a nurse case manager is assigned to the claim, initial physician contact may be conducted by either the claims examiner or the nurse case manager. This initial contact should be substantive and clearly documented in the claim file. In th e event a party is non -responsive, there should be evidence of at least three (3) documented attempts by AIMS to reach the individual.

Medical-only claims shall have this three (3) point contact requirement as well.

5. Communication

A. Telephone Inquiries:

Return calls shall be made within one (1) working day of the origi nal telephone inquiry. All documentation shall reflect these efforts.

B. Incoming Correspondence:

All correspondence received shall be clearly stamped with the date of receipt.

C. Return Correspondence:

All correspondence requiring a written response shall have such response completed and transmitted within five (5) working days of receipt.

D. Ongoing Claimant Contact:

For cases involving unrepresented injured workers who are off work, telephone contact shall be made at a minimum of once every forty -five (45) days and within three (3) working days after a scheduled surgical procedure. This requirement is in addition to nurse case management involvement for claims where nurse case managers are assigned.

6. AOE/COE Investigation

If a decision is made to delay benefits for a claim, an AOE/COE investigation shall be initiated within three (3) working days of the decision to delay. This may include, but is not limited to, obtaining witness/injured worker statements, initiating the QME/AME process, requesting medical records, etc.
32 AGENDA ITEM NO. 2.

16 7. Indexing

AIMS shall subscribe to a claims reporting bureau. The examiner shall request a report from the bureau on all new indemnity claims. All claims shall be reported to the Index Bureau at time of initial set-up and re-indexed on an as needed basis thereafter.

8. Reserves

Reserves shall be established based upon the ultimate probable cost of each claim.

All reserve categories shall be reviewed on a regular basis but not less th an at least every ninety (90) days. Such review shall be indicated in the computer notepad . The examiner shall utilize a reserve worksheet which has been approved by the City and the Local Agency Workers' Compensation Excess Joint Powers Authority pursuant to that JPA's Resolution Establishing a Claims Management Policy. Any changes to reserves shall include an explanation for the change and will be identified for the Client.

The claims assistant shall have the authority to establish reserves up to $ 7,500. An examiner shall have authority to establish reserves up to $250,000. A senior examiner shall have authority to establish reserves up to $ 500,000. The supervisor shall have authority to establish reserves up to $ 750,000. The manager shall have the authori ty to establish reserves up to $1,000,000. An executive, or president of the TPA shall review and approve all reserves in excess of $1,000,000.

9. Medical Administration

AIMS shall select a panel of general practitioners, specialists, hospitals, and emergency treatment facilities to which injured employees should be referred, as approved by the Client, and the Claim AIMS shall regularly review and update the panel.

Contact with the treating doctors shall occur every fourteen (14) days on lost time cases and will continue as needed during the continuation of temporary disability to assure that treatment is related to a compensable injury or illness. For long term disability cases, contact shall be maintained consistent with doctor recommendations.

AIMS shall maintain contact with treating physicians to ensure employees receive proper medical treatment and are returned to full or modified employment at the earliest possible date.

AIMS shall maintain direct contact with medical service providers to ensure their reports are received in a timely manner.

AIMS shall arrange medical evaluations when needed, reasonable, and/or requested 33 AGENDA ITEM NO. 2.

17 in compliance with the current Labor Code.

AIMS/ Allied Managed Care (AMC) shall ensure that medical bills are reduced to the Medical Fee Schedule and recommended rates established by the Administrative Director of Workers' Compensation. The Client shall pay for the use and benefits of the services provided ; however, fees charged by the service contractor must be approved by the City prior to the provision of services. AIMS/AMC agrees to the requirements and fee structure that are in accordance with the procedures set forth in Schedule C.

AIMS shall provide, at the Clients expense, utilization review and/or professional managed care services on an as-needed basis to injured employees and as required by Labor Code, provided the Clients approval is obtained prior to the provision of such service.

10. Medical Payments

Medical bills will be matched to the file, reviewed for correctness, approved for payment, and paid within sixty (60) days of receipt or in compliance with the Labor Code. If all or part of the bill is being disputed, AIMS will notify the medical provider, on the appropriate form letter, within thirty (30) days or as established under Labor Code for Utilization Review.

11. Plan of Action

Each claim file shall contain the examiner's plan of action for the future handling of that claim. Such plan of action will be identified in the computer notepad within five ( 5) calendar days of initial claim set up. Such plan of action shall be clearly stated including the reasoning for the plan. The plan of action will be reviewed and/or updated at least every thirty (30) calendar day s on active claims and at least every six (6 ) months on claims that have been settled but are open to monitor future medical care. Each plan of action will be clearly identified in the computer notepad.

12. Compensability

The compensability determination (accept claim, deny claim, or delay acceptance pending the results of additional investigation) and the reasons for such determination will be made and documented in the file within three (3) working days of the receipt of the notification of the loss. Delay of benefit letters shall be mailed in compliance with the Division of Industrial Relations' guidelines.

34 AGENDA ITEM NO. 2.

18 13. Provision of Benefits

AIMS shall provide all compensation and medical benefits in a timely manner and in compliance with the statutory requirements of the California Labor Code and applicable case law . AIMS shall compute and pay temporary disability benefits to injured employees based upon earnings information and authorized disability periods. AIMS shall review, compute, and pay all informal ratings, death benefits, findings and awards, life pensions, or compromise and release settlements. However, all such benefits shall be paid from the established trust fund. AIMS shall comply with the Client's salary continuation plan, which requires AIMS to compute temporary disability benefits and provide verification to the Client twice a month. AIMS shall also advise the Client of potential credits and penalties.

For all regular, full-time, non-sworn employees, the Client pays up to one (1) year salary continuation paid directly to the employee. For all regular, full-time employees, including sworn employees, the Client requires AIMS to provide vouchers to the Client confirming employees' time -off work for temporary disability and LC 4850 benefits. All disability benefit notices shall be sent to the employee as required by the Labor Code.

14. Return to Work

AIMS shall provide assistance to the Client in establishing a modified work program which is appropriate for injured employees while recovering and prior to their return to regular duties. AIMS shall notify the Client immediately of any change in employee work status.

AIMS shall consult frequently with the Client in those cases where the injury residuals might involve permanent work restrictions and/or retirement potential.

15. Transportation Expense

Transportation reimbursement will be mailed within five (5) days of the receipt of the claim for reimbursement. Advance travel expense payments will be mailed to the injured employee ten (10) days prior to the anticipated date of travel.

16. Litigated Cases/ Cases Involving Outside Investigations

AIMS shall promptly initiate an investigation of issues identified as material to potential litigation. The Client shall be alerted to the need for an outside investigation as soon as possible and AIMS shall appoint an investigator who is acceptable to the Client. The Client shall be kept informed on the scope and results of all investigations.
35 AGENDA ITEM NO. 2.

19 When defense counsel is not necessary, AIMS shall work closely with the applicant's attorney in informal disposition of litigated cases. All assignments to outside counsel will be done with the Client authorization and consent. In conjunction with the Client, AIMS shall monitor the outside counsel's progress. AIMS shall audit all bills before payment.

Settlement proposals directed to the Client shall be forwarded by AIMS or defense counsel in a concise and clear written form stating the reason(s) for such recommendation.

All preparation for a trial shall involve the Client so that all material evidence and witnesses are utilized to obtain a favorable result for the defense.

The supervisor or the examiner will attend Workers' Compensation Appeals Board hearings, meetings with defense counsel, and meetings with members of the Client, staff, departments, and employee groups as necessary and as requested to do so.

17. Allocated Expenses

All allocated expenses (Defense Attorney, Investigative Services, Nurse Case Management etc.) shall only be assigned with prior approval of the Client’s representative.

18. Settlements

AIMS shall obt ain the Client's authorization on all settlements using a Settlement Evaluation Worksheet form as provided by the Client. All requests for settlement authority shall include a written claim summary, estimate of permanent disability, and the defense counsel's comments and recommendations, if any.

19. Subrogation

Unless instructed otherwise by the Client, in cases where a third party is responsible for the injury to the employee AIMS will pursue subrogation and notify the Client of the subrogation plan. When subrogation is to be pursued, the third party shall be contacted within ten (10) days with notification of the Client's right to subrogation and the recovery of certain claim expenses. If the third party is a governmental entity, a claim shall be filed with the governing board within six (6) months of the injury or notice of injury.

Appropriate periodic contact shall be made with the responsible party and/or insurer to provide notification of the amount of the estimated recovery to which the City will be entitled.
36 AGENDA ITEM NO. 2.

20 If the injured worker brings a civil action against the party responsible for the injury, AIMS shall consult with the Client about the value of the subrogation claim and other considerations. Upon receipt of the Client's authorization, subrogation counsel shall be assigned to file a Lien or a Complaint in Intervention in the civil action.

Whenever practical, AIMS should take advantage of any settlement in a civil action by attempting to settle the workers' compensation claim by means of a third-party compromise and release. If such attempt does not succeed, then every effort should be made through the WCAB to offset claim expenses through a credit against the proceeds from the injured worker's civil action.

20. Job Displacement Benefit

AIMS shall advise the injured worker of his/her rights to job displacement benefits.

21. Excess Insurance

Cases that have potential to exceed the Client's self-insured retention shall be reported in accordance with the reporting criteria established by the Loca l Agency Workers' Compensation Excess Joint Powers Authority (LAWCX} and any other excess insurance policies.

All cases which meet the established reporting criteria are to be reported within ten (10) days of the day on which it is known the criterion is met.

22. Award Payments

Payments made by AIMS for the Client on awards, computations, or compro mise and release agreements will be issued within ten (10) days following receipt of the appropriate document.

23. Penalties

The Client will be advised of the assessment of any penalty for delayed payment and the reason thereof and the Claim Administrator plans for payment of such penalty within five (5) days of assessment.

24. Case Closure

AIMS shall establish a goal of 100% closing ratio each month. Within thirty (30) days of being discharged by the treating physician, the employee shall be sent a closing letter.

37 AGENDA ITEM NO. 2.

21 A follow-up medical appointment with the treating physician shall be set for employees who have not followed-up with recommended medical treatment. The employee shall be notified accordingly to attend this appointment.

AIMS will monitor stipulated cases with future medical provisions. Reserves for future medical will be reviewed semi-annually and adjusted according to use.

25. Future Medical Claims

Claims that remain open to monitor future medical care shall remain open for two (2) years from the last payment of the benefit. Reviews shall be documented in the claim notes to include settlement information, outline future medical care, last date and type of treatment, name of excess carrier, excess carrier reporting level, and excess carrier reporting history. Reserves for future medical treatment will be reviewed every six (6) months and adjusted for use over a three (3) year average and the injured employee's life expectancy based on the current version of the U.S. Life Table. The reason(s ) and calculation(s) for the adjustment(s) shall be clearly documented on the computer notepad.

AIMS shall evaluate the claim at least once a year to determine a reasonable amount for settlement of future medical benefits and any remaining benefits due. The reason(s) and calculations(s) for the recommended settlement amount shall be clearly documented in the computer notepad. AIMS shall clearly document the compute r notepad with the outcome of the settlement negotiations with the employee or applicant attorney.

26. Loss Runs and Other Reports

A loss run shall be issued by the 15 th of the month following the closing date. Any corrections that are requested to be made to the loss run shall be made within t wenty (20) days.

AIMS shall provide the following monthly reports to the Client:

A. A report of all open and closed claims run by fiscal year and department, to include the employees name, claim number, date of injury, paid amount with 4850 benefits, paid amount without 4850 benefits, future liability, total incurred with 4850 benefits, total incurred without 4850 benefits, frequency analysis loss cause, frequency analysis day of the week injury, count frequency by body part and any amounts recovered for subrogation or excess insurance.

B. A Management Summary Report;

38 AGENDA ITEM NO. 2.

22 C. All OSHA 300 log information. If the client communicates to AIMS the modified duty dates for each injured employee AIMS will record the information to populate the report;
D. A check register, in check number order, including any voids, refunds, and recoveries received with a total page showing the payment for the month by fiscal year;
E. A voucher register custom and standard run by fiscal year;

F. A "No Activity" report listing the claims that have had no activity during the previous ninety (90) days. The report components should include no reserve changes, no payments, no recoveries, no refunds, and/or no note pad activity.

AIMS shall provide quarterly reports, in addition to the regular monthly reports, to the Client:

A. A register of temporary disability paid for the quarter;

B. Claims opened and closed in the quarter;

C. Claims on delayed status with current status report;

D. Claims in denied status with current status report;

E. Reserve increases of $10,000 or greater with current status report;

F. Claims reportable to excess carrier with current status report;

G. Claims reported in the quarter by department;

H. Claims cost detail report of all open claims by department;

I. Claims cost detail report of all future medical claims by department.

AIMS shall provide additional annual reports to the Client:

A. Number of claims reported per year;

B. Top 5 body parts injured for the year;

C. Top 5 injury causes for the year;

D. Five most expensive injuries for the year;

E. Claims paid by year for each department for the last five years;

39 AGENDA ITEM NO. 2.

23 F. Temporary disability paid by year for each department for the last five years;

G. Permanent disability paid by year for each department for the last five years;

H. Medical paid by year for each department for the last five years;

I. Vocational rehabilitation paid by year for each department for the last five years;

J. Legal costs paid by year for the last five years;

K. Investigation costs paid by year for the last five years;

L. Nurse Case Management costs paid by year for the last five years;

M. Utilization Review costs paid by year for the last five years;

N. Bill Review costs paid by year for the last five years;

AIMS will produce additional reports as reasonably needed by the Client.

27. Claims Reporting

AIMS shall maintain all loss information as required by the Workers' Compensation Insurance Rating Bureau.

AIMS shall assist in the preparation of all reports which are now, or will be required by the State of California or other government agencies with respect to self -insurance programs. AIMS will also assist in the preparation of all reports or databases re quired by the California Institute for Public Risk Analysis (CIPRA) or other statistical database organizations as requested by the Client.

28. Record Retention

All claim files shall be maintained in accordance with statutory time requirements and the Client's Record Retention Policy.

29. Claim Supervision

AIMS shall provide supervisory staff who will regularly review the work product of the claims examiners The supervisor shall review each claim not less than every ninety (90) days to ensure that each examine r is following the performance standards outlined in this herein.

40 AGENDA ITEM NO. 2.

24 30. Availability of Personnel

AIMS shall at all times have one (1) or more of the examiners assigned to the City's account, or in their absence, the supervisor or a manager of Workers' Compensation available by telephone for emergencies through a 24 -hour emergency telephone number.

Upon reasonable prior notice, AIMS shall ensure at least one (1) or more of the examiners or supervisors assigned to the Client's ac count is available to meet in person with Client staff during regular business hours throughout the term of the contract period.

It is highly desirable that AIMS maintain a business office in the Clovis -Fresno metropolitan area to service the Client's account.

31. Examiner Training

AIMS shall ensure each claims examiner handling the Client's claims will receive continuing education training each year. AIMS shall annually certify this in writing on the anniversary date of the agreement between the Client and AIMS.

Examiners assigned to the Client shall have a minimum of three (3) years indemnity claim handling experience and obtain their Self -Insured Certificate from the State of California within one (1) year of being assigned to the Client's account.

32. Member Services

AIMS shall provide special on-site training services annually to personnel from the Client to ensure that the people within the Client who process workers' compensation claims are effectively carrying out the procedures required for a successful program.

A copy of AIMS claims manual should be readily available for review by the appropriate Client staff or representative.

AIMS shall require its examiners or other AIMS personnel, as necessary, to attend the Client's regularly scheduled meetings to report on the general state of the program and on any particular cases of interest to the Client. AIMS shall require the supervisor or other AIMS personnel, as necessary, to attend the Client quarterly claims review at City of Clovis offices.

AIMS shall re quire one (1) of the dedicated unit supervisors/managers to meet with Client's personnel, at the Clients location, as needed to review program procedures regarding workers' compensation reporting requirements and other program matters that require the timely participation of the Client's personnel. 41 AGENDA ITEM NO. 2.

25 AIMS shall require an examiner to be available and readily respond to a Client's request for assistance with problem cases, including on-site visits to the Client.

AIMS shall provide the Client with information regarding statutes, proposed changes to statutes, and changes to the rules and regulations affecting the Client and its responsibility as a self-insured public employer.

33. Claim Reconciliation

All claim files shall be reconciled to ensure all medical, indemnity, and expense payments have been made correctly. The reconciliation is to verify that payments were made to the correct provider, in the correct amount, and from the correct claim file. The physical file should be verified with the computer information. All open files shall be reconciled.

34. Employee Services

As required, AIMS will develop for review by the Client's materials which provide information and guidance to employees of the Client regarding workers' compensation and the self -insurance program. As required, AIMS will meet with and assist injured employees in resolving problems that arise from injury or illness claims.

35. Compliance with Labor Code

AIMS shall comply with all provisions of the Labor Code and Rules and Regulations in effect at the applicable date of injury.
42 AGENDA ITEM NO. 2.

26 SCHEDULE C

CLAIM SERVICE FEE AND OTHER FEES

Workers' Compensation Third Party Claims Administration

Contract Year Start & End Date Fee
Year One 7/1/2023 – 6/30/2024 $250,234.61*
Year Two 7/1/2024 – 6/30/2025 $256,490.48 *
Year Three 7/1/2025 – 6/30/2026 $262,902.74 *
Year Four 7/1/2026 – 6/30/2027 $269,475.31 *
Year Five 7/1/2027 – 6/30/2028 $276,212.19 *

* Annual cost of living adjustment of 2.5%
* Contract may be extended an additional two years (years 3 and 4 as noted above) with City Manager approval.

Should AIMS receive more claims than anticipated from the current claim administrator at the time of transfer and/or there is a 5% increase/decrease during the initial transfer or during any period of the contract due to significant change in the number of employees, and/or as a result of a catastrophic event, then both AIMS and the Client will negotiate, in good faith, a reasonable fee increase/decrease fee adjustment based on any revised required staffing.

The total annual flat fee proposed above contemplates handling all claims activity in a 12-month period (claims already open at the beginning of the 12-month term and any new claims reported during the 12 -month term). The annual fee will be invoiced in 12 equal monthly amounts in arrears. The flat annual fees include all services detailed in the RFP proposal including, but not limited to the following services:

• All Claims Management Functions (currently open & included new claims) • Data Management
• Claim File Storage
• Claim File Retrieval
• Account Management
• Claims System Reporting
• Public Self-Insurers Annual Report
• Prepare Federal Form 1099 Notices
• Custom AIMS "dashboard"
• Website Access (on-line)
• Detailed Stewardship Report/Presentations
• Training Participation
• MMSEA Reporting
43 AGENDA ITEM NO. 2.

27 In the event the Client elects, upon termination of this Agreement, to require AIMS to conclude the handling of all open claims, AIMS shall invoice the Client at a monthly open rate to be negotiated in good faith between the Parties.

Carve-Out Agreement Pricing-
AlMS will assist the Client if the Client elects to have a Carve -Out Agreement in the negotiation of Carve -Out Agreements with their Unions. AIMS utilizes the services of an outside Applicant Attorney to assist with the discussions and presentation to the Unio n Members. AIMS will provide sample MOU Agreements, including physician specialty panels, mediation, and nurse case management panels. AIMS will assist the Client with the preparation and tracking of all material in connection with the Agreement.

Additionally, AIMS will provide tracking on all aspects of the Agreement for State Reporting purposes and to provide the Client with program effectiveness and any agreed upon cost analysis.

Negotiation/Preparation of Carve-Out Agreement: Annual Tracking/ State Reporting:
 $15,000.00 / one-time set up fee at time of Union negotiations (per Union Agreement)  $400.00 monthly fee / beginning at program implementation (regardless of # of Unions participating)

Managed Care Services Utilizing Allied Managed Care, Inc. ("AMC")

Medical Bill Review Fees
Fee per bill to reduce to the Official Medical Fee Schedule (OMFS):
$6.50 per bill (flat rate per bill) plus PPO access fee (see below).

The following is included (at no additional charge):
• Full duplicates
• Appeals
• Initial Setup
• Technology Fees for Interface
• Client Training
• Re-evaluation/provider Inquiries
• Expert Testimony in Defense of Reviews
• Electronic Data Interface and On-line Access
• Courier Service

44 AGENDA ITEM NO. 2.

28 PPO Network
Fees are based on savings below Fee Schedule. Percent of savings is dependent on which PPO network is selected.

PPO
Name
Access Fee
Anthem Blue Cross –
CA
24%
First Health / Coventry 24%
Procura 18%
PRIME 18%
InterPlan 18%
ClarisPointe 18%
ASI Flex 18%

Negotiation of Non-OMFS and Line-Item Audit bills, including Inpatient/Outpatient Hospital bills (non-PPO charges): 10% of Savings capped at a maximum of $5,000.00.

Electronic billing
Electronic and Standardized Billing Regulations: $1.00 per bill.

Utilization Review
Nurse Review Flat
Rate:
$95.00 per UR (nurse) Referral. This includes unlimited treatment requests and reviews per referral.

Physician Review Flat Rate:
$250.00 per Peer Review Referral. This includes unlimited treatment requests and reviews per referral.

The following is included in the above fees:
• Initial set-up at the time of award of contract
• Customized Special Account Instructions
• Documentation letters post UR and Peer Review
• Technology Fees for interface
• Production Reports & Metrics
• Consultation with the AMC Medical Director
• Client Training

Telephonic Case Management. including triage services for indemnity claims $107.00 per hour.

45 AGENDA ITEM NO. 2.

29 Field Case Management
$125.00 per hour*
*Travel for Field Case Management (On-Site) services will be charged at the Internal Revenue Service approved rate for mileage at the time the mileage is incurred.

Allied Managed Care Provider Network - If the Client elects to have a Provider Network the pricing is listed below:

Yearly Pricing - $2,000.00 per month (regardless of claim volume). • This includes Certification from State into AMC Service Entity MPN . Complete monitoring of the MPN for State Compliance & reporting with toll free access/assistanc e for the Client and Injured Employees and all services listed under the No Charge Services.

First Notice of Loss 24/7 Triage Nurse Call Center
Toll free call center with nurse triage component to minimize reportable injuries. Call center operates 24/7, directing injured employees into appropriate treatment facilities (MPN providers & occupational clinics designated by Client). Nurse intervention at reporting level recognizes "first aid" issues and directs employees to home care instead of seeking treatment. Call center uploads all information into AIMS' Claims Management System eliminating the need for the employer to create a 5020.

Per Reportable
Claim
Non-Reportable
Claim:

$165.00 per claim

No Charge
46 AGENDA ITEM NO. 2.

30 SCHEDULE D

Insurance Requirements

AIMS shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by AIMS, his/her agents, representatives, employees, or subcontractors.

1. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if C laim Administrator has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions ) Insurance appropriate to the Claims Administrator’s profession, with limit no less than $ 5,000,000 per occurrence or claim, $5,000,000 aggregate. (If Claims-made, see below.)

5. Employee Dishonesty: $ 2,000,000 to include comprehensive employee dishonesty, disappearance, theft, and forgery or alteration coverage.

6. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Claim Administrator in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information . The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
47 AGENDA ITEM NO. 2.

31 It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Consultant under this agreement.

Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Clovis, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising ou t of work or operations performed by or on behalf of the including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Claim Administrator’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Clov is, its officers, officials, employees, and volunteers.” Policy shall cover City of Clovis, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
The Additional Insured coverage under the C laim Administrator’s policy shall be “primary and non -contributory” and will not seek contribution from the City’s insurance or self - insurance and shall be at least as broad as CG 20 01 04 13. The City of Clovis does not accept endorsements limiting the C laim Administrator ’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City of Clovis.

Waiver of Subrogation
Claim Administrator hereby grants to City of Clovis a waiver of any right to subrogation which any insurer of said C laim Administrator may acquire against the City of Clovis by virtue of the payment of any loss under such insurance. C laim Administrator agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision 48 AGENDA ITEM NO. 2.

32 applies regardless of whether or not the City of Clovis has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Clovis for all work performed by the C laim Administrator, its employees, agents and subcontractors.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Clovis may require the C laim Administrator to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City of Clovis.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Clovis.

Claims Made Policies (note – applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the C laim Administrator must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Claim Administrator must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
Claim Administrator shall furnish the City of Clovis with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Clovis Personnel / Risk Management Division before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the C laim Administrator’s obligation to provide them. The City of Clovis reserves the right t o require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Claim Administrator shall, prior to the commencement of work under this Agreement, provide the City of Clovis with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.

Subcontractors
Claim Administrator shall require and verify that all subcontractors, or other parties hired for 49 AGENDA ITEM NO. 2.

33 this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified herein and the Claim Administrator’s agreement with the City to the extent they apply to the scope of the subcontractor’s work.

Special Risks or Circumstances
City of Clovis reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Clovis
Attn: Lori Shively Personnel/Risk Management Division
1033 Fifth Street
Clovis, CA 93612
[email protected]

50 AGENDA ITEM NO. 2.

34 SCHEDULE E

SPECIAL PROVISIONS

Additional Terms:

1. Financial Administration: The Client will establish a zero-balance trust account from which AIMS shall make all indemnity medical, and allocated loss expense payments.

Payment authorization limits and payment policies will be established by Client and reviewed from time to time with AIMS. AIMS monthly service fee shall not be paid from the trust account.

AIMS shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by the Client that relate to the performance of services under the AGREEMENT. AIMS shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

2. Allocated Expenses: All allocated loss expenses as defined in Schedule C, shall be the responsibility of the Client. It is agreed and understood that, whenever practicable, allocated loss expenses should be billed directly to the Client and the bills will be paid from the trust account.

3. Right to Audit: The Client or its designated representative is authorized to visit AIMS processing and/or storage premises, for purpose of performing a claims audit, and have access to all data, including paper documents, microfilm, microfiche, and magnetically stored data which relate to payments or non payments made by AIMS.

Any assistance or service provided in response to a claims audit described above will be rendered at no additional cost of the Client.

4. Invalid Payments: No charges to the Client for payments made on behalf of persons who were not valid employees of the Client at the date of injury shall be accepted for payment by the Client.
51 AGENDA ITEM NO. 2.

35 5. Personnel: AIMS agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services pursuant to the AGREEMENT. This includes the assignment of at least one Senior level Claims Examiner. Failure to assign such compet ent personnel shall constitute grounds for termination of this AGREEMENT pursuant to Section V.B. of this AGREEMENT. The examiners and claims assistants may be dedicated to the exclusive handling of the Client's claims. AIMS shall be allowed to use a non -dedicated or part - time, experienced examiner when caseloads exceed the number specified in Schedule B. Each examiner shall have passed the State of California, Department of Industrial Relations, Self -Insurance Administrator's Examination; or as a minimum requirement an examiner that has not passed the State examination shall be enrolled in appropriate courses leading to certification within two years.

AIMS shall ensure that other personnel, such as management, clerical, accounting, and data processing, which may be required to satisfactorily provide the services required by this AGREEMENT, shall be provided by AIMS within the agreed fee for services contained in this AGREEMENT. It is understood that the personnel referred to in this paragraph need not be dedicated to the exclusive use of the Client.

6. Claim Reports: AIMS shall, at its expense, provide one week prior to the quarterly claims review meeting a written summary report showing the number of claims reported during the prior quarter, separated by a category (i.e. indemnity or medical only), the number of claims closed during the prior quarter, and any medical cost savings. This report shall show a comparison of the same information for the same quarter for the prior year.

7. Online interface: AIMS sh all provide an online interface with its data base, accessible from the Client's computers for the use by the Client. Such data will be put in a format that will permit the Client to make print copies of the data on its printers. If the Client, under AIMS guidance, is not able to maintain an online interface with data maintained by AIMS, AIMS shall be required to provide a copy of all data processed during the past week to the Client's office each Friday in a disk media format which is transferable and useable with the Client's computers.
52 AGENDA ITEM NO. 2.

TO: Mayor and City Council
FROM: General Services Department
DATE: May 8, 2023
SUBJECT: General Services - Approval – Res. 23-___, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Finance Manager Classification with a Salary Range of $10,635 to $12,927 per month, and Approval – Res. 23 -___, Amending the City’s FY 22 -23 Position Allocation Plan.

ATTACHMENTS: 1. Res. 23-____ Classification and Compensation Plan

2. Res. 23-____ Position Allocation Plan

RECOMMENDATION
For City Council to approve a resolution authorizing amendments to the City’s Classification and Compensation Plans by adopting the Finance Manager Classification with a Salary Range of $10,635 to $12,927 per month, and approve a resolution amending the City’s FY 22-23 Position Allocation Plan by deleting one (1) Accounting Supervisor position and adding one (1) Finance Manager position in the Finance Department.

EXECUTIVE SUMMARY
The Accounting Supervisor incumbent has been assigned significant additional duties and responsibilities beyond the scope of the current classification. Consequently, it is appropriate to re-class the position from Accounting Supervisor to Finance Manager . Currently, the Finance Department is authorized for one (1) Accounting Supervisor position. It is recommended that the City’s Position Allocation Plan be amended to add one (1) Finance Manager position and eliminate one (1) Accounting Supervisor position in the Finance Department. Council approval is required for changes to the Position Allocation Plan.

BACKGROUND
Personnel has recently evaluated the responsibilities and work being performed by the Accounting Supervisor in the Finance Department as part of a classification review. The nature 53 AGENDA ITEM NO. 3.
and scope of duties currently performed by the Accounting Supervisor incumbent is at a depth/breath greater than the current classification encompasses. This reflects evolutions within the Department associated with City growth, the incumbent’s expanded skill set, and the level of work necessary to effectively coordinate projects and programs. The incumbent is now performing duties more in line with a Finance Manager that include helping to manage the City’s budget, forecast, revenue administration, and grants administration. The incumbent receives administrative direction from executive staff, oversees the maintenance of the General Ledger, and coordinates various financial statements , which are beyond the scope of a n Accounting Supervisor.

FISCAL IMPACT
The fiscal impact of salary and benefits for the remainder of FY 22-23 is approximately an additional $1,250. There are adequate funds in the Finance Department budget to cover the costs of this position for this fis cal year. The projected impact for F Y 23-24 is approximately $15,000.

REASON FOR RECOMMENDATION
The addition o f one (1) Finance Manager position and the elimination of one (1) Accounting Supervisor position reflects the level of responsibility of staff in the Finance Department. The re- classification and additional compensation require Council approval.

ACTIONS FOLLOWING APPROVAL
The position allocation for the Finance Department will be modified as noted in Attachment 2.

The position vacancy will be filled through the reclassification of the Accounting Supervisor.

Prepared by: Lori Shively, Personnel/Risk Manager

Reviewed by: City Manager JH

54 AGENDA ITEM NO. 3.

RESOLUTION 23-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S CLASSIFICATION AND COMPENSATION PLANS BY

ADOPTING A FINANCE MANAGER CLASSIFICATION IN THE

FINANCE DEPARTMENT

WHEREAS, it has been determined that the City has a need for a Finance Manager classification to provide the necessary support to the Finance Department; and

WHEREAS, it has been determined that the appropriate salary range for the Finance Manager is $10,635 to $12,927 per month; and

WHEREAS, it has been determined that it is appropriate to assign the Finance Manager classification to the Management Group.

NOW THEREFORE, BE IT RESOLVED , that the City of Clovis will modify the City’s Classification and Compensation Plans to include the Finance Manager classification (Attachment A) with a monthly salary range of $10,635 to $12,927.

* * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 8, 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated: May 8, 2023

___________________________ __________________________ Mayor City Clerk

ATTACHMENT 1
55 AGENDA ITEM NO. 3.

City of Clovis

FINANCE MANAGER

SALARY RANGE
$10,635.00 - $12,927.00 Monthly

DEFINITION
Under administrative direction to plan, organize, and manage the City’s financial activities, systems, and programs in such areas as general accounting, financial reporting, budgeting, forecasting, auditing, grants administration, fund balance management; and perform related work as required.

CLASS CHARACTERISTICS
The incumbent performs a variety of difficult professional level accounting work. In this capacity, the incumbent receives administrative direction from Executive Staff and exercises direct supervision of professional and technical staff setting priorities, making assignments, training and reviewing the work of subordinates. The incumbent acts with a high degree of independence of action in the assigned areas of responsibility. Direction and instructions given by the supervisor generally do not provide all the information needed to complete the assignment. The incumbent is expected to resolve most problems confronted through the application of judgment and precedent, referring to the supervisor only those problems which involve the establishment of new procedures, or which involve situations that are inconsistent with departmental procedures and policies. Except where a deviation in policy is involved, most work is not reviewed directly by the supervisor and when work is reviewed, the review is directed towards outcome and results. The incumbent reports to and receives direction from the Finance Director.

EXAMPLES OF DUTIES
Duties may include but are not limited to the following: plan, organize, direct and coordinate fiscal activities including cash management, grant administration and financial reporting; provide highly complex management assistance to executive staff; establish and; oversee maintenance of the General Ledger and processing of journal entries; monitor all accounting transactions to ensure accuracy; correct financial records as necessary; review and track collection of all revenues due to the City. Coordinate and participate in the preparation and analysis of various financial statements, schedules and reports including preparation of the City’s Annual Comprehensive Financial Report. Ensure financial statements are prepared on a timely basis in accordance with GAAP and GASB and related governmental accounting systems. Prepare adju stments, schedules, and footnotes. Oversee the preparation of the City’s budgets; develop short and long-term financial forecasts. Prepare a variety of financial reports to include budget-to-actual revenue and expenditures; analyze significant variances.

Communicate financial information to City management. Analyze data and support budget activities for other departments. Review departmental agenda items for appropriateness, impact, cost, effectiveness, and conformity to the City’s budget, priorities, and strategic

ATTACHMENT A

56 AGENDA ITEM NO. 3.

goals. Oversee audits of financial records and procedures; maintain fiscal accountability, including compliance monitoring for a variety of programs funded by grants and miscellaneous funds accounts; perform advanced, difficult, a nd highly technical research and prepare related findings. Recommend corrective action as appropriate. Develop and direct the implementation of goals, objectives, and work standards for assigned area of responsibility. Recommend staffing needs and particip ate in recruitment and selection of staff. Supervise, train, and evaluate staff; work with employees to correct deficiencies; implement discipline procedures as required. Prioritize work of division; ensure deadlines are met; check work for accuracy, compl eteness and conformance to applicable policies, rules, and regulations. Monitor legislation related to division and department operations.

Review, evaluate impact, and make recommendations. Implement new or revised laws, regulations, and accounting standar ds. Answer questions and provide information to the public; investigate complaints and recommend corrective actions as necessary to resolve complaints. Build and maintain positive working relationships with co-workers and the public using principles of good customer service; and perform related duties as assigned.

TYPICAL QUALIFICATIONS

LICENSES REQUIRED
 Possession of a valid California Driver's License and a good driving record.

EDUCATION AND EXPERIENCE
Education:
 Bachelor’s Degree from an accredited college or university with a major in Accounting, Business, Public Administration or closely related field.

And

Experience:
 Four years professional-level experience performing accounting and financial analysis and auditing for a munic ipality or a business of comparable complexity with at least two years of supervisory experience.

QUALIFICATIONS
Knowledge of:
 Principles and practices of public finance administration including accounting, budgeting, and auditing;
 General municipal revenue and accounting principles and practices;  General accepted accounting and auditing principles (GAAP) and Governmental Accounting Standards Board (GASB) practices related to municipal government finance; methods of internal controls appropriate to accounting procedures;  Pertinent local, State and Federal laws, ordinances, policies, rules, and regulations;  Principles of budget preparation, forecasting and monitoring;  Financial reporting requirements;
 Modern office methods procedures and practices;
 Financial analysis and research methods;
 Data processing systems and procedures as they apply to financial record-keeping;  Principles and practices of report writing;
57 AGENDA ITEM NO. 3.

 Techniques and principles of effective interpersonal communication;  Principles and practices of supervision, training, performance evaluation and personnel management;
 Principles and practices of leadership, motivation, team building and conflict resolution;
 Business mathematics and statistics;
 Principles of good customer service;
 Appropriate safety precautions and procedures.

Ability to:
 Read, understand, interpret and apply laws, rules and regulations to specific accounting and financial situations;
 Organize, implement and direct financial operations and activities;  Establish and analyze accounting systems and procedures;  Analyze and prepare b udgets; use computer programs to analyze data and build forecasting models.
 Analyze, understand, critically evaluate, and reconcile technical financial data and complex financial and accounting records; make recommendations regarding complex accounting transactions;
 Understand the organization and operation of the City and of outside agencies as necessary to assume assigned administrative responsibilities;  Interpret and apply pertinent City and departmental policies, procedures, rules and regulations;
 Organize and supervise the work of staff engaged in a variety of accounting and financial record-keeping operations;
 Perform professional level accounting and financial record -keeping work of professional level difficulty
 Prepare clear and concise financial reports;
 Perform statistical analysis and auditing;
 Operate a vehicle observing legal and defensive driving practices;  Understand and carry out oral and written instructions;  Communicate clearly and concisely, both orally and in writing;  Establish and ma intain effective relationships with those contacted in the course of work;
 Plan, schedule, make work assignments, set priorities, train, evaluate, select and recommend discipline of subordinates;
 Maintain a high level of confidentiality of a wide range of sensitive information encountered in the course of work;
 Operate a computer terminal accurately and efficiently;  Operate a calculator by touch.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Incumbent is required to attend periodic evening meetings.  Incumbent is required to travel within and out of the City to attend meetings.  The work is primarily sedentary.
58 AGENDA ITEM NO. 3.

RESOLUTION 23-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING AMENDMENTS TO THE CITY’S FY 22-23 POSITION

ALLOCATION PLAN

WHEREAS, the FY 2 2-23 Position Allocation Plan in the Finance Department was approved as part of the FY 22-23 City Budget adoption process; and

WHEREAS, a review of the staffing needs for the Finance Department indicates that the addition of one (1) Finance Manager position and the removal of one (1) Accounting Supervisor position is necessary in order to provide the support necessary for the Finance Department; and

WHEREAS, amending the City’s adopted FY 22-23 Position Allocation Plan requires City Council authorization.

NOW, THEREFORE, BE IT RESOLVED, RESOLVED by the City Council of the City of Clovis that the City’s FY 2 2-23 Position Allocation Plan shall be amended as noted in Attachment A.

* * * * *

The foregoing resolution was introduced and adopted at a regu lar meeting of the City Council of the City of Clovis held on May 8, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

ATTACHMENT 2
59 AGENDA ITEM NO. 3.

POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 22-23

DEPARTMENT NUMBER OF POSITIONS

Finance Department

Add: Finance Manager 1.0

Delete: Accounting Supervisor 1.0

ATTACHMENT A
60 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: General Services Department
DATE: May 8, 2023
SUBJECT: General Services – Approval - Claim Rejection of the General Liability Claim of Edgar Lawson, Jr.

ATTACHMENTS: None.

RECOMMENDATION
Reject the General Liability Claim filed by Edgar Lawson, Jr.

EXECUTIVE SUMMARY
Edgar Lawson, Jr. (claimant), filed a General Liability Claim against the City of Clovis on April 4, 2023, regarding excessive force caused by police officers. Mr. Lawson claims that he sustained bodily injuries and seeks reimbursement. It is recommended that the claim be rejected at this time.

BACKGROUND
On April 4, 2023, a General Liability Claim was filed against the City of Clovis by Edgar Lawson, Jr. The claim was considered legally sufficient and timely. Mr. Lawson alleged that on November 8, 2022, the Clovis Police Department detained him while sitting inside a restaurant and used excessive force, which caused bodily injuries.

Mr. Lawson seeks damages for reimbursement in the amount in excess of $25,000. The claim has been filed as a “civil unlimited case.”

FISCAL IMPACT
Rejection of the claim does not result in any fiscal impact.

61 AGENDA ITEM NO. 4.

REASON FOR RECOMMENDATION
It is recommended that the claim be rejected. The City is not liable for this claim. In addition, by rejecting this claim, the time in which lawsuits may be filed against the City will begin to run.

ACTIONS FOLLOWING APPROVAL
A letter will be sent to the claimant informing him that the claim has been rejected.

Prepared by: Charles W. Johnson, Management Analyst

Reviewed by: City Manager JH

62 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: General Services Department
DATE: May 8, 2023
SUBJECT: General Services – Approval - Claim Rejection of the General Liability Claim on behalf of Christian Perez.

ATTACHMENTS: None.

RECOMMENDATION
Reject the General Liability Claim filed on behalf of Christian Perez.

EXECUTIVE SUMMARY
On behalf of Christian Perez (claimant), a General Liability Claim was filed against the City of Clovis on April 24, 2023, regarding allegations of discrimination within the workplace. Mr. Perez claims that he sustained emotional damages and other unidentified damages and seeks reimbursement. It is recommended that the claim be rejected at this time.

BACKGROUND
On April 24, 2023, a General Liability Claim was filed on behalf of Christian Perez against the City of Clovis. The claim was considered legally sufficient and timely. Mr. Perez alleged that on February 17, 2023 , the Clovis Police Department failed to accommodate his disability and wrongfully terminated his employment.

Mr. Perez seeks damages for reimbursement in the amount in excess of $25,000. The claim has been filed as a “civil unlimited case.”

FISCAL IMPACT
Rejection of the claim does not result in any fiscal impact.

63 AGENDA ITEM NO. 5.

ACTIONS FOLLOWING APPROVAL
A letter will be sent to the attorney on behalf of the claimant informing h im that the claim has been rejected.

Prepared by: Charles W. Johnson, Management Analyst

Reviewed by: City Manager JH

64 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: May 8, 2023
SUBJECT: Public Utilities – Approval – Final Acceptance for SPR 1987-048A, 79 N.

Sunnyside Avenue Site Improvements.

ATTACHMENTS: 1. Vicinity Map

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

EXECUTIVE SUMMARY
This project is for the parking lot modifications and ADA improvements for the City of Clovis site located at 79 N. Sunnyside Avenue. The work consisted of site demolition, reconstruction of the parking lot pavement, trash enclosure, drive approaches, curb, gutter, curb ramp, chain link fencing, chain link fence rolling gate and automatic rolling gate, landscape and irrigation , and furnishing and installation of a covered parking structure.

Staff is recommending that Council accept the work as performed by the contractor, Central Valley Asphalt, and authorize the recording of the notice of completion.

BACKGROUND
Bids were received on January 25, 2022, and the project was awarded by City Council to the low bidder, Central Valley Asphalt, on February 14, 2022. The project was completed in accordance with the const ruction documents and the contractor has submitted a request for acceptance of the project.

65 AGENDA ITEM NO. 6.

FISCAL IMPACT

1. Award $338,142.00

2. Contract Change Orders
CCO No. 1 ($1,286.00)
This change order was for additional sidewalk, curb and gutter, and removal of Bid Item No. 14 (fabric & slats for chain link fence).

3. Contract Change Orders
CCO No. 2 $5,664.28
This change order was for the removal and installation of chain link fence and installation of three (3) removable bollards.

4. Liquidated Damages Assessed $0.00

Final Contract Cost

$342,520.28

REASON FOR RECOMMENDATION
The Public Utilities Department, the Construction Inspector, the Project Engineer, and the City 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, Central Valley Asphalt, has requested final acceptance from City Council.

ACTIONS FOLLOWING APPROVAL

1. The notice of completion will be recorded; and

2. All remaining retention funds will be released 35 calendar days following recordation of the notice of acceptance, provided no liens have been filed. Retention funds may be released within 60 days after the date of completion, provided no liens have been filed, with “completion” defined as the earlier of either: (a) beneficial use and occupancy and cessation of labor; or (b) acceptance by the City Council per Public Contract Code Section 7107(c)(2).

Prepared by: Sarai Yanovsky, Civil Engineer

Reviewed by: City Manager JH

66 AGENDA ITEM NO. 6.
67 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Administration
DATE: May 8, 2023
SUBJECT: Consider Approval – Res. 23-___, Adoption of the City of Clovis 202 3- 2024 Annual Action Plan for the expenditure of Community Development Block Grant Funds.

Staff: Claudia Cazares, Management Analyst
Recommendation: Approve
ATTACHMENTS: 1. Resolution

2. 2023-2024 Annual Action Plan

RECOMMENDATION
Consider adopting the City of Clovis 202 3-2024 Annual A ction Plan for the expenditure of Community Development Block Grant Funds.

EXECUTIVE SUMMARY
The U.S. Department of Housing and Urban Development (HUD) requires the City adopt the attached 2023-2024 Annual Action Plan for identifying projects for the expenditure of Community Development Block Grant Funds.

BACKGROUND
As an entitlement city for the purpose of receiving Community Development Block Grant Funds from HUD, Clovis must adopt an Annual Action Plan to identify CDBG projects for the 202 3- 2024 fiscal year. In 2021, the City Council approved the five -year Consolidated Plan.

Development of the Consolidated Plan required an extensive analysis of housing and community development needs for disadvantaged populations to be completed through community input and census data analysis. Staff conducted over 50 interviews with agencies and Clovis residents to identify gaps in ser vices for disadvantaged populations. Additionally, staff employed a consultant to analyze demographic data to determine the needs in the community. The analysis and input resulted in the following summary of needs by priority, as approved in the Consolidated Plan:
68 AGENDA ITEM NO. 7.

High Priority Medium Priority
Job Creation/Retention Substance Abuse Services
ADA Sidewalk Improvements Micro Loans to Small Businesses Street/Alley Improvements More Educational Opportunities Homeless Services/Shelters Support Groups for Families of Fire Stations/Equipment Disabled
Code Enforcement Legal Services
Affordable Housing for Families/Seniors/Veterans Road Reconstruction Housing Rehabilitation Tenant/Landlord Fair Housing Jobs for Youth Parks/Recreational Facilities
Food Pantry Programs Substance Abuse Services
Programs for Foster Children Aging Out of System
Youth Counseling/Resource Center Low Priority
First-Time Homebuyer Programs Façade Improvements
Youth Centers Utility Improvements (Water/Sewer)
Community Centers

In order to be eligible for CDBG funding, projects must fall into one of the following categories:

1. Directly benefit low- and moderate-income persons.

2. Aid in the prevention and elimination of slums or blight.

3. Meet an urgent need.

Based on the identified needs, and the CDBG program regulations, the following projects were previously approved by City Council to be funded (at estimated amounts) over the five -year Consolidated Plan period:

5 Year Goals and Allocations
1 Goal Name Public Facility Improvements.

Goal
Description
The City of Clovis intends to utilize approximately $1,500,000 in CDBG funds for the purpose of acquisition, construction, reconstruction, rehabilitation, or installation of water system improvements, sewer systems improvements, street and drainage improvements, neighborhood facilities, solid waste facilities, and/or parks and recreation facilities. In addition, a portion of those funds will be used for the removal of architectural barriers including curb cuts, park improvements, and improvements to public buildings to meet ADA requirements. 2 Goal Name Preservation of Affordable Housing Units.

Goal
Description
The City of Clovis intends to utilize approximately $683,421.25 in CDBG funds for the purpose of providing rehabilitation services to LMI owner-occupied units. 3 Goal Name Job creation for low-income individuals.

Goal
Description
The City of Clovis intends to utilize approximately $250,000 in CDBG funds for the purpose of economic development. The funds will be used to promote commercial revitalization, business expansion, and/or job creation. 4 Goal Name Create a suitable living environment.

Goal
Description
The City of Clovis has utilized approximately $212,443 in CDBG funds for the purpose of providing code enforcement as a public service to LMI neighborhoods within Clovis.
5 Goal Name CDBG administration.

Goal
Description
The City will continue to administer the CDBG program in compliance with program regulations and requirements. To ensure the effective use of limited CDBG funds, the City must allocate funding towards planning and monitoring of the related projects.
69 AGENDA ITEM NO. 7.

While this list meets many of the high priority needs identified through the consolidated planning process, some needs were not addressed with CDBG due to lack of funds. A s in years past, staff will seek out other resources to meet the needs in the community. For the 2023-2024 program year, HUD has allocated $652,542 to the City of Clovis. In addition, Clovis has CDBG project savings of $67,835 to allocate to 2023-2024 projects.

Through the process identified in th e HUD -approved Citizen Participation Plan, a recommended list of priority projects was created. The selected projects will meet the goals of the Consolidated Plan to improve neighborhoods, create jobs, and enhance the quality of life for the citizens of Clovis. The recommended projects for the 202 3-2024 program year will improve infrastructure by making street/alley and trail improvements, support microenterprise businesses, and continue to emphasize improvements to Clovis’ low - and moderate-income housing stock.

Staff recommends the proposed projects , for the 202 3-2024 program year , be funded as follows:

1. Housing Rehabilitation $ 197,881

2. Brookfield/Cole/Rosebrook Alley Reconstruction $ 341,987

3. Microenterprise $ 50,000

4. Administration $ 130,508

In addition to the projects listed above, staff recommends the following projects be included as contingency project be funded if additional funds become available during the year:

San Jose/Beverly Alley Reconstruction - $265,000

These projects, along with the availability of both the Consolidated Plan and Annual Action Plan, were advertised for public comment in The Business Journal and the Fresno Bee on April 5, 2023, and also on the City of Cl ovis website and social media. Copies of the Action Plan were made available at the Clovis Branch of the Fresno County Public Library, City of Clovis Administration Office, and the Clovis Senior Center.

FISCAL IMPACT
A total of $720,377 in CDBG funds is available for 2023-2024. HUD distributes the funds on a reimbursement basis. The funds are included in the proposed 2023-2024 City of Clovis budget.

REASON FOR RECOMMENDATION
HUD requires the City Council to adopt an Annual Action Plan each year. The recommended action meets HUD’s requirements to receive CDBG funds as an entitlement city.

ACTIONS FOLLOWING APPROVAL
Staff will submit the 2023-2024 Annual Action Plan to HUD by May 15, 2023, as required .

Staff will then begin operation of the 2023-2024 CDBG Program, and projects will be completed during the 2023-2024 fiscal year, or soon thereafter.

Prepared by: Claudia Cazares, Management Analyst

Reviewed by: City Manager JH
70 AGENDA ITEM NO. 7.

RESOLUTION 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
ADOPTING THE 2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN

WHEREAS, the City Council of the City of Clovis is a U. S. Department of Housing and Urban Development (HUD) entitlement city for the purpose of receiving Community Development Block Grant funds; and

WHEREAS, HUD requires the City of Clovis to adopt an Annual Act ion Plan to identify projects for the 2023-2024 program year for use of Community Development Block Grant funds.

NOW, THEREFORE, BE IT RESOLVED that the City of Clovis approves and adopts the 2023-2024 Annual Action Plan.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 8, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

_____________________________ ______________________________ Mayor City Clerk
Attachment 1 71
AGENDA ITEM NO. 7.

Community Development
Block Grant (CDBG)
Clovis City Council
Lynne Ashbeck, Mayor
Vong Mouanoutoua, Mayor Pro Tem
Drew Bessinger
Diane Pearce
Matthew Basgall
John Holt, City Manager
Andrew Haussler, Assistant City Manager
May 8, 2023
2023-2024 Annual Action Plan
Public Review Draft
1 Attachment 2 72
AGENDA ITEM NO. 7.

Annual Action Plan - 2023 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The Action Plan is a document submitted to HUD on an annual basis that serves as a comprehensive housing affordability strategy, community development plan, and submission for funding under any of HUD’s entitlement formula grant programs.

As a CDBG Entitlement City, Clovis’ Economic Development, Housing and Communications Department is required to and has developed a five -year strategic plan that identifies and prioritizes the future use of the City’s Community Development Block Grant (CDBG) funds. The five-year plan became effective July 1, 2021, and will end on June 30, 2026. This Annual Action Plan represents year three of the five -year plan.

In preparing the Consolidated Plan, the City utilized several methods to analyze the housing and community development needs of Clovis. These methods included, conducting interviews of community residents, stakeholders, community organizations, and multi-family unit property owners, analyzing U.S. census data, and utilizing information in several city and county planning documents. The City hosted community meetings, hearings and met with organizations as an effort to outreach to and encourage participation of all residents, particularly low - and moderate -income residents, elderly persons, and persons with disabilities. The purpose of the meetings was to inform the community about the Consolidated Plan process and to identify opportunities to improve collaborative efforts, eliminate service delivery gaps in order to develop and sustain decent and affordable housing, suitable living environments, and expand community and economic opportunities.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

Clovis estimates that it will receive CDBG funding of $3,750,000 over the next five years. It is anticipated that 20% of those funds will be used for Administrative costs. The balance of CDBG funds are anticipated to be divided between four prioritized goals, as follows:

Goal 1: Housing - $750,000 (24%) to be used to improve the quality of owner -occupied units, increase multi-family units for low- to moderate-income households, support transitional and permanent housing for homeless persons, and support regional efforts to end chronic homelessness.

Goal 2: Economic Development - $250,000 (6%) to be used to support projects that create jobs for low - to moderate-income persons.
73 AGENDA ITEM NO. 7.

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OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal 3: Infrastructure - $1,337,500 (35%) to be used to improve the quality, and increase the quantity, of public improvements that benefit low - to moderate-income residents and neighborhoods, improve the quality, and increase the quantity, of facilities that benefit neighborhoods, seniors, and those with special needs, and provide funds to bring public facilities into ADA compliance.

Goal 4: Public Services - $562,500 (15%) to be used to provide crime awareness and additional policing that benefits low - to moderate -income neigh borhoods, support senior and youth programs, support programs and activities that benefit those with special needs, and to support food pantry programs. In year three of the Consolidated Plan Period (Program Year 2023 -2024) CDBG funds typically set aside for public service activities will be used for owner-occupied housing rehabilitation activities, as agreed to by HUD and the City. The City projects to allocate public service funding to a public service activity in Program Years 2024-2025 and 2025-2026 based on needs identified through a public participation process.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The following is a summary of the prior year performance and goals:

Affordable Housing Development - In October 2022, the City welcomed its first permanent supportive housing development, Butterfly Gardens. The 75-unit project provides housing and supportive services to disabled individuals and at-risk homeless individuals. City staff meets regularly with management staff from Butterfly Gardens to provide any needed support and to ensure the project partnership continues.

In 2022, the City applied for and received $933,879 in Permanent Local Housing Allocation (PLHA) Program funds from the State of California, and an additional $625,364 in 2023. The City is working with an affordable housing developer to utilize the PLHA funds to assist in the development of affordable multi - family housing in Clovis.

Housing Rehabilitation - The City provides grants of up to $6,000 for health and safety repairs to low - income, owner-occupied households in the City of Clovis. This program served almost 300 households during the previous Consolidated Planning Period. In the 2021-2022 program year, 16 homeowners were assisted. It is anticipated that an additional 15 homeowners will be assisted in the 2022 -2023 program year.

In 2021, The City was awarded $5,000,000 from the State of California CalHome Program for the rehabilitation of low -income owner -occupied homes and for a mortgage assistance/rehabilitation program. During the 2022 -2023 program year, staff prepared started administering the program and processed 10 homeowner applications. Of these applications, approximately 5 projects will be completed within the 2022-2023 year. The remaining 5 will be completed in the 2023-2024 year. 74 AGENDA ITEM NO. 7.

Annual Action Plan - 2023 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Area-Based Policing/Crime Awareness - Additional policing has historically been funded with CDBG funds through a dedicated Community Service Off icer. The officer has focused on improving neighborhood conditions in CDBG eligible census tracts. The officer develops relationships with property owners, and utilizes neighborhood watch programs in eligible neighborhoods, provides code enforcement actions, and actively works to improve neighborhood conditions. The City will not be funding Area -Based Policing activities in the 2023-2024 Program Year.

Economic Development/Job Creation - The City invests heavily in economic development activities using local resources to attract and retain businesses that provide high wage jobs for its citizens. CDBG funds are currently used to pay the rental fees for low -income entrepreneurs owning food -based micro - businesses, at our local community kitchen. Utilization of the kitchen has allowed these entrepreneurs to start and/or expand their businesses.

Capital Improvements - The City funded the following projects during the current Consolidated Plan period:

1. Gettysburg-Norwhich Alley Reconstruction ($190,000) – Project was completed in March 2023.

2. Dennis-Beverly/Mitchell Beverly-San Jose Alley Reconstruction, Phase 1 and 2, to be constructed concurrently ($720,000) – Project is under construction; anticipated completion date of summer 2023.

3. Brookhaven/Rosebrook Alley Reconstruction ($200,000) – Project is in design.

4. Gould Canal Improvements ($134,255) –Project is in design.

Affirmatively Furthering Fair Housing - HUD requires any jurisdiction receiving funds to commit to affirmatively further fair housing. In accordance with federal requirements, the City of Clovis completed the Analysis of Impediments to Fair Housing Choice in November of 2019, and submitted the Analysis to HUD for their review and approval.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

Clovis developed a Citizen Participation Plan that was approved by City Council in 2006, and subsequently approved by HUD. Citizens, nonprofits, and all interested parties were provided adequate opportunities to review and comment on the plan. The purpose of the plan is to encourage citizens, particularly LMI residents, to participate in the development of the Consolidated Plan, Action Plans, Substantial Amendments, and Annual Performance Reports . Citizens are engaged through community meetings, public hearings, and individual interviews.

Annual Action Plan - 2023 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
and 3) to obtain comments on proposals for allocating resources. Throughout the process to determine the needs and allocation of resources relative to the Consolidated Plan ning period, and the development of this action plan , the City consulted with both internal City Departments and external agencies, and individuals to understand Clovis’ needs and available resources. Internally, Clovis met with several department representatives to provide information abou t the Consolidated Plan and the Community Development Block Grant. Department staff provided input on how CDBG resources can be utilized and leveraged to provide services such as housing programs, code enforcement, and infrastructure improvements.

City staff also held three public meetings throughout the development of the Action Plan. • The first meeting was held on February 1, 2023 as an application workshop, and also provided the public information regarding the Consolidated Plan and the Action Plan. City staff provided instructions on how to fill out the CDBG Proposal Application to apply for CDBG funding. This public workshop was announced on Clovis social media and website on January 31, 2023 and noticed in English and Spanish in the local newspaper, The Business Journal, which services Clovis and the surrounding areas, on January 13, 2023. Three persons attended this meeting, though there were no public comments made in regard to the Action Plan needs or priorities during the meeting.
• The second public input meeting was held on March 2, 2023. City staff again provided information regarding the Consolidated Plan and the Action Plan. This public hearing was held to obtain citizen input and to respond to proposal related questions. This meeting was available for participation in person and via WebEx (virtual attendance and participation). The public meeting was announced on Clovis social media and website on February 16, 2023 and again on February 28, 2023. The meeting was also noticed in The Business Journal on February 10, 2023. Two people attended the in-person meeting, though there were no public comments made regarding the Action Plan’s needs or priorities during the meeting.
• The third was a public hearing noticed on April 5, 2023, for a May 8, 2023 City Council Meeting, to review and consider approval of the 2023-2024 Action Plan. Citizens were also notified about the public hearing through the City’s social media, City website, the public posting window at City Hall, and at the April 13, 2023 General Membership Meeting of the Fresno Madera Continuum of Care. The public hearing notice included information about the locations at which the action plan would be available for review, the proposed projects selected for funding, and time and place of the public hearing. The notice was published in both English and Spanish in The Business Journal and in Spanish in the Fresno Bee. ENTER RESULT OF PUBLIC HEARING

AND ANY PUBLIC COMMENTS MADE IN MONTH-LONG PUBLIC COMMENT PERIOD AFTER PUBLIC HEARING SCHEDULED FOR MAY 8, 2023.

Copies of the public postings and public notices are included in this Action Plan as an Attachment (“Citizen Participation Comments”).
76 AGENDA ITEM NO. 7.

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OMB Control No: 2506-0117 (exp. 09/30/2021)

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

In regards to the February 1, 2023 Public Meeting notice posted on Facebook on January 31, 2023, the City received the following comment:

1. Comment 1: “Do you help individuals with necessary housing projects, who can’t afford to get house from fixed. Couldn’t come to meeting for medical reasons fyi not COVID.” In re gards to the March 2, 2023 Public Meeting noticed on Facebook on February 16, 2023, t he City received the following two comments:

2. Comment 2: “I think it’s funny that these posts are put out and you want public input however, out of the six or seven times that I’ve actually come to voice an opinion you go against the public whatever is more tax dollars or money for the city is the decision made.”

3. Comment 3: “Low-income housing for employed single people with no children or spouses.”

ENTER PUBLIC COMMENTS MADE IN MONTH -LONG PUBLIC COMMENT PERIOD AFTER PUBLIC HEARING SCHEDULED FOR MAY 8, 2023.

6. Summary of comments or views not accepted and the reasons for not accepting them All comments were accepted and incorporated into this Action Plan.

ENTER RESULT OF PUBLIC HEARING AND ANY PUBLIC COMMENTS MADE IN MONTH-LONG PUBLIC COMMENT PERIOD AFTER PUBLIC HEARING SCHEDULED FOR MAY 8, 2023.

7. Summary
Clovis staff prepared extensive information relative to the CDBG program, the preparation of the Consolidated Plan and Annual Action Plans, and the Citizen Participation process and its importance, and had these readily available at the meetings. The information was also provided in the presentation at the public hearing. A great effort on the part of the City went into the meeting preparations, regardless, the public meetings did not see substantial attendance or input. However, the City does conduct scientifically sampled surveys every two years to provide feedback to the City on services needed. This feedback is incorporated into the needs assessment for the community. 77 AGENDA ITEM NO. 7.

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan a nd those responsible for administration of each grant program and funding source.

Table 1 – Responsible Agencies
Agency Role Name Department/Agency
CDBG Administrator CLOVIS Economic Dev., Housing and
Communications Dept.

Narrative (optional)
The City of Clovis Economic Development, Housing and Communications Department serves as the lead agency for the Consolidated Plan, 2023-2024 Action Plan and the administration of CDBG funds. The City’s institutional structure consists of a council -manager form of government. Under the council -manager form of government, adopted by municipal code, the City Council provides policy direction to the city manager who is responsible for administering City operations. The Council is the legislative body, which approves the budget and determines the tax rate, for example. The Council also focuses on the community's goals, major projects, and such long -term considerations as community growth, land use development, capital improvement plans, capital financing, an d strategic planning. The Council hires a professional manager to carry out administrative responsibilities and supervises the manager's performance.

Consolidated Plan Public Contact Information
Claudia Cazares, Affordable Housing Management Analyst
City of Clovis
1033 Fifth Street
Clovis, CA 93612
(559) 324-2094
[email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
Throughout the determination of needs and allocation of resources relative to this Action Plan, the City consulted with both internal and external departments, agencies, and individuals to understand Clovis’ needs and available resources. Internally, Clovis met with several department representatives to provide information about the Consolidated Plan and the Community Development Block Grant. Department staff provided input on how CDBG resources can be utilized and leveraged to provide services such as housing programs, economic development, and infrastructure improvements.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of Clovis currently does not have publicly -owned housing. However, the City works closely with the Housing Authority to provide referrals for Section 8 vouchers to Clovis residents. City staff corresponds regularly with the Housing Authority to ensure coordination regarding development of affordable housing. in the 2022-2023 program year, the City worked with the Housing Authority and a local non-profit housing developer to set aside funding to provide for additional affordable rental units in the City. The City coordinates with other agencies including private a nd governmental health, mental health and service agencies through our participation in the Fresno Madera Continuum of Care (FMCoC). City staff participate in regular board meetings and hold a membership position on the FMCoC executive board, help form policy, and assist in rating applications for funding.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City of Clovis is an active member of the Fresno Madera Continuum of Care (FMCoC), which is the organization that acts as the regional planning body to address homelessness. This collaborative group addresses homeless issues including chronic homelessness, homelessness prevention, and discharge coordination policies on the region-wide basis of Fresno and Madera Counties, which includes the City of Clovis. Based upon the consultation process, the City has recognized a need for shelters for other at-risk populations such as youth and veterans, and will pursue projects to serve these populations. 79 AGENDA ITEM NO. 7.

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Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Clovis does not receive ESG funding.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Fresno Madera Continuum of Care Agency/Group/Organization Type Housing
Services - Housing
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved coordination?
Based upon the consultation process, the
City has recognized a need for shelters and
other housing for at-risk populations such as
youth and veterans, and will pursue projects
to serve these populations.
2 Agency/Group/Organization Fresno Housing Authority
Agency/Group/Organization Type Housing
PHA
Services - Housing
Services-Persons with Disabilities
Services-homeless
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Market Analysis
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Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved coordination?
Based upon the consultation process, the
City has recognized a need for public
housing.

Identify any Agency Types not consulted and provide rationale for not consulting N/A
Other local/regional/state/federal planning efforts considered when preparing the Plan Table 3 – Other local / regional / federal planning efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care
Fresno Madera
Continuum of Care
This effort aligns with the strategic plan goal to support activities to respond to homelessness and its impacts on the community.

City of Clovis
Housing
Element
Clovis Planning and
Development
Services
Government Code Section (GSC) 65300 requires cities and counties to adopt and maintain a General Plan with a
minimum of seven mandatory elements: Land Use,
Circulation, Housing, Conservation, Open Space, Noise, and Safety.

SJVHC Goals
and
Objectives
Fresno State
University -
Community &
Economic
Development
The San Joaquin Valley Housing Collaborative (SJVHC) serves as a regional voice for effective affordable housing policy in the San Joaquin Valley. The group establishes and supports a broad network of partners to promote and increase the development of affordable and workforce housing in the
Valley.

Narrative (optional)
N/A
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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City's Citizen Participation Plan was approved by City Council in 2006, and subsequently approved by HUD. The purpose of the plan is to encourage citizens, particularly LMI residents, to participate in the development of the Consolidated Plan, Action Plans, Substantial Amendments, and Annual Performance Reports. Citizens are engaged through community meetings, public hearings, and individual interviews.

The primary goals of Clovis’ Citizen Participation Plan are 1) to generate significant public partic ipation, specifically from LMI residents and those residing in LMI neighborhoods; 2) to gather data that accurately describes and quantifies housing and community development needs and to suggest workable solutions; and 3) to obtain comments on proposals for allocating resources. Throughout the determination of needs and allocation of resources relative to the Consolidated Plan, and the development of this action plan the City consulted with both internal and external departments, agencies, and individuals to understand Clovis’ needs and available resources. Internally, Clovis met with several department representatives to provide information about the Consolidated Plan and the Community Development Block Grant. Department staff provided input on how CDBG resources can be utilized and leveraged to provide services such as housing programs, economic development and infrastructure projects.

City staff held three public meetings throughout the development of the Action Plan. The first meeting was a workshop held on February 1, 2023 and provided the public information regarding the Consolidated Plan and the Action Plan. City staff also provided instructions on how to fill out the CDBG Proposal Application to apply for CDBG funding. This public workshop was announced on Clovis social media and website on January 31, 2023 and noticed in English and Spanish in the local newspaper, The Business Journal, which services Clovis and the surrounding areas, on January 13, 2023. Three persons attended this meeting, though there were no public comments made in regard to the Action Plan’s needs or priorities during the meeting. The City received one comment to the Facebook post, as shown in the table below.

The second public input meeting was held on March 2, 2023. City staff again provided information regarding the Consolidated Plan and the Action Plan. This public hearing was held to obtain citizen input and to respond to proposal related questions. This meeting was available for participation in person and via WebEx (virtual attendance and participation). The public meeting was announced on Clovis social media and website on February 16, 2023 and again on February 28, 2023. The meeting was also noticed in The Business Journal on February 10, 2023. Two people attended the in-person meeting, though there were no public comments made regarding the Action Plan’s needs or priorities during the meeting. The City received two comments to this Facebook, as shown in the table below. 82 AGENDA ITEM NO. 7.

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A public hearing was noticed on April 5, 2023, for a May 8, 2023 City Council Meeting to review and consider approval of the 2023-2024 Action Plan. Citizens were also noticed about the public hearing through the City’s social media, City website, the public posting window at City Hall and at the April 13, 2023 General Membership Meeting of the Fresno Madera Continuum of Care . The public hearing notice included information about the locations at which the action plan would be available for review and was published in both English and Spanish in The Business Journal and in Spanish in the Fresno Bee.

ENTER RESULT OF PUBLIC HEARING AND ANY PUBLIC COMMENTS MADE IN MONTH-LONG PUBLIC COMMENT PERIOD AFTER PUBLIC HEARING SCHEDULED FOR MAY 8, 2023. 83 AGENDA ITEM NO. 7.

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Citizen Participation Outreach
Table 4 – Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/
attendance
Summary of
Comments received
Summary of
comments not accepted
and reasons
URL (If applicable)
1 Public
Meeting
Minorities
Non-English Speaking -
Specify other language:

Spanish and Hmong
Persons with
disabilities
Non-targeted/broad
community
Potential CDBG
Applicants
3 persons
attended None None
2 Newspaper
Ad
Non-English Speaking -
Specify other language:

Spanish
Non-targeted/broad
community
General Public and
Potential CDBG
Applicants
None None None
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Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/
attendance
Summary of
Comments received
Summary of
comments not accepted
and reasons
URL (If applicable)
3 Internet
Outreach
Minorities

Non-English Speaking -
Specify other language:

Spanish

Persons with
disabilities

Non-targeted/broad
community
N/A
Comment 1: Do you help
individuals with necessary
housing projects, who can’t
afford to get house from
fixed. Couldn’t come to
meeting for medical reasons
fyi not COVID.

Comment 2: I think it’s
funny that these posts are
put out and you want public
input however, out of the
six or seven times that I’ve
actually come to voice an
opinion you go against the
public whatever is more tax
dollars or money for the city
is the decision made.

Comment 3: Low-income
housing for employed single
people with no children or
spouses.

All comments were
accepted and incorporated
into this Action Plan.
https://www.facebook.c
om/clovis.ca
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Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/
attendance
Summary of
Comments received
Summary of
comments not accepted
and reasons
URL (If applicable)
4 Public
Meeting
Minorities
Non-English Speaking -
Specify other language:

Spanish and Hmong
Persons with
disabilities
Non-targeted/broad
community
Residents of Public and
Assisted Housing
2 persons
attended None None
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Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/
attendance
Summary of
Comments received
Summary of
comments not accepted
and reasons
URL (If applicable)
5 Public
Hearing
Minorities
Non-English Speaking -
Specify other language:

Spanish and Hmong
Persons with
disabilities
Non-targeted/broad
community
Residents of Public and
Assisted Housing
tbd tbd tbd
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City of Clovis is committed to leveraging as many funds as possible against the CDBG allocation, including the following:
• State of California CalHome funds for housing rehabilitation and homeownership assistance • Permanent Local Housing Allocation Funds for housing development • HOME program funds through a State allocation for housing assistance • Remnant Redevelopment Agency funds for housing assistance Anticipated Resources
Table 5 - Expected Resources – Priority Table
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative
Description Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public
-
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public
Services 652,542 0 67,835 720,377 1,649,858
See
Introduction
above
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied There is no matching requirement for the use of CDBG funds. However, Clovis strives to leverage as many funding sources as possible when planning community and economic development activities. For example, in the previous funding year Clovis used remnant Redevelopment Agency funds, State HOME Program funds, and State CalHome Program fun ds for the purpose of expanding and preserving Clovis' affordable housing stock.
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If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Clovis currently does not own any land within its jurisdiction to address the needs identified in the plan. Staff will continue to search for opportunities to potentially purchase land to fill those needs.

Discussion
The City of Clovis is committed to le veraging as many funds as possible against the CDBG allocation. In 2021 the City provided $1,000,000 to the Fresno Housing Authority for the construction of 60 units of affordable housing. The funding was provided through the City’s Affordable Housing Development Impact Fee Reduction Program. In addition, a supportive housing project is under construction with the support of $300,000 in funding from the City’s Affordable Housing Development Impact Fee Reduction Program.

The City was recently awarded $5,000,000 in funds from the State of California CalHome program. These funds are focused on owner -occupied rehabilitation including mobile home replacements which house extremely low-income seniors who are at high risk of homelessness. In addition, a small po rtion of the funds will be used for down-payment assistance. The City also received and will be implementing an award of $1,000,000 in State of California HOME funds for a down-payment assistance. The City applied for and was awarded State of California Permanent Local Housing Allocation funds. This will provide just over $2 million over 5 years for a variety of affordable housing efforts. The initial plan is to support multi -family and/or supportive housing projects with a residual receipt loans to leverag e state and federal tax credit programs. The City has provided a preliminary commitment to a not -for-profit developer for the construction of a 59 -unit affordable multi -family housing project, to help secure additional project financing, and will consider other projects if this particular project is unsuccessful in obtaining the additional financing needed to develop the project.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Table 6 – Goals Summary
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Administration 2021 2025 Administration Increase, Improve, and Preserve Affordable
Housing
Job Creation/Retention
Improve Public Facilities
Improve Homeless
Shelters/Services
CDBG:
$130,508
2 Affordable
Housing
2021 2025 Affordable Housing Increase, Improve, and
Preserve Affordable
Housing
CDBG:
$197,881
Homeowner Housing Rehabilitated:
20 Household Housing Unit
3 Infrastructure 2021 2025 Non-Housing
Community
Development
Improve Public Facilities CDBG:
$341,987
Public Facility or Infrastructure
Activities other than Low/Moderate
Income Housing Benefit: 1855
Persons Assisted
4 Economic
Development
2021 2025 Non-Housing
Community
Development
Job Creation/Retention CDBG:
$50,000
Jobs created/retained: 10 Jobs
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Goal Descriptions
1 Goal Name Administration
Goal Description Provide administration to implement the CDBG program. 2 Goal Name Affordable Housing
Goal Description Provide rehabilitation services to LMI owner-occupied households. 3 Goal Name Infrastructure
Goal Description Reconstruct two alleys between Rosebrook and Cole, from Jefferson to Estabrook/Brookside. 4 Goal Name Economic Development
Goal Description Provide grants for low-income individuals to start businesses at the Clovis Culinary Center - Micro - enterprise

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Projects
AP-35 Projects – 91.220(d)
Introduction
The Consolidated Plan goals described in the AP -20 Goals section represent high priority needs for the City of Clovis, and serve as the basis for the strategic actions the City will use to meet those needs. It is our goal that meeting these needs will expand and preserve the affordable housing stock in Clovis, as well as provide public facilities improvements and public services that will strengthen neighborhood revitalization. The City of Clovis Consolidated Plan preparation coincided with the development of the first year of the Action Plan. This Annual Action Plan represents year three of the five -year plan. The City implements all CDBG-funded projects in-house.

Projects
Table 7 - Project Information
# Project Name
1 2023-2024 CDBG Administration
2 2023-2024 Housing Rehabilitation Program Grants
3 2023-2024 Microenterprise Community Kitchen
4 2023-2024 Brookfield/Cole/Rosebrook Alley Reconstruction Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The projects have been selected based on consultation with city agencies, the emerging needs from the assessments made in the needs assessment section of the 2021-2025 consolidated plan as well as public consultations through the annual City of Clovis development survey. These priorities have been selected based on the most pressing needs of the City.
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AP-38 Project Summary
Project Summary Information
1 Project Name 2023-2024 CDBG Administration
Target Area
Goals Supported Administration
Needs Addressed Increase, Improve, and Preserve Affordable Housing
Job Creation/Retention
Improve Public Facilities
Funding CDBG: $130,508
Description Provide administration to implement the
CDBG program.

Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities

Location Description
Planned Activities
2 Project Name 2023-2024 Housing Rehabilitation Program Grants
Target Area
Goals Supported Affordable Housing
Needs Addressed Increase, Improve, and Preserve Affordable Housing
Funding CDBG: $197,881
Description Provide rehabilitation services to LMI owner- occupied households.

Target Date 6/30/2024
Estimate the number and type of families that
will benefit from the proposed activities
20 low income families will benefit from this
activity.

Location Description
Planned Activities Provide housing rehabilitation to low income owner-occupied households.

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3 Project Name 2023-2024 Microenterprise Community Kitchen Target Area
Goals Supported Economic Development
Needs Addressed Job Creation/Retention
Funding CDBG: $50,000
Description Provide grants for low-income individuals to start businesses at the Clovis Culinary Center.

Target Date 6/30/2024
Estimate the number and type of families
that will benefit from the proposed
activities
10 low income business owners will benefit from this
activity
Location Description
Planned Activities Provide grants for low-income individuals to start businesses at the Clovis Culinary Center.
4 Project Name 2023-2024 Brookfield/Cole/Rosebrook Alley Reconstruction
Target Area
Goals Supported Infrastructure
Needs Addressed Improve Public Facilities
Funding CDBG: $341,987
Description Reconstruct two alleys between Rosebrook and Cole, from Jefferson to Estabrook/Brookside.

Target Date 12/30/2024
Estimate the number and type of families
that will benefit from the proposed
activities
An estimated 1,180 persons will be assisted with this
activity within this neighborhood.

Location Description Alleys located between Rosebrook and Cole, from Jefferson to Estabrook/Brookside.

Planned Activities Reconstruct two alleys between Rosebrook and Cole, from Jefferson to Estabrook/Brookside.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed • Home rehabilitation assistance will be open to all LMI owner-occupied households throughout Clovis.
• Alley reconstruction will take place only in LMI Census Tract/Block Group. • The microenterprise program will be open to LMI small business entrepreneurs and will take place in Clovis.

Geographic Distribution
Table 8 - Geographic Distribution
Target Area Percentage of Funds
City of Clovis Low-Moderate Census Tracts 100
Rationale for the priorities for allocating investments geographically CDBG investments will be made in Census Tracts where at least 51% of the residents are low- to moderate- income.

Discussion
A map identifying low- to moderate-income census tracts is attached as an Appendix to this Action Plan as Grantee Unique Appendices (“LMI Map”).
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Clovis’ first public housing authority project, Solivita Commons was completed in the summer of 2021.

The project provides 59 subsidized units affordable to households earning less than 60% of area median income. In addition, Butterfly Gardens, a 75-unit supportive housing project targeting disabled individuals and at-risk homeless individuals completed construction in October 2022. This project is in partnership with the County of Fresno Behavioral Health Department and a private not-for-profit developer. The City works closely with the Fresno Housing Authority to p rovide Section 8 vouchers to Clovis residents. As population demographics continue to change and need continues to rise, Clovis will explore further partnerships with the housing authority and private funding to developers to develop additional affordable housing projects in Clovis.

Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 20
Special-Needs 0
Total 20
Table 10 - One Year Goals for Affordable Housing by Support Type One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 20
Acquisition of Existing Units 0
Total 20
Discussion
The City intends to utilize CDBG financing to provide grants to low -income home owners to assist in the rehabilitation of their home. It is anticipated that the program will benefit 20 homeowners in the 2023 - 2024 program year.
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AP-60 Public Housing – 91.220(h)
Introduction
The City of Clovis does not currently own or manage public housing.

Actions planned during the next year to address the needs to public housing Clovis’ first public housing authority project, Solivita Commons was completed in the summer of 2021. The project provides 59 subsidized units affordable to households earning less than 60% of area median income.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
In 2020, the City signed a contract with the State of California to receive $1,000,000 in HOME funds for a First-Time Homebuyer Down Payment Assistance Program. Unfortunately, the State of California placed a pause on the program during the 2022 -2023 Program Year, and funds were not expended. The City expects to have the program available again in late Spring 2023, and expended within the 2023 -2024 program year.

In 2021, The City wa s awarded $5,000,000 from the State of California CalHome grant funds for the rehabilitation of low -income owner -occupied homes and for a mortgage assistance/rehabilitation program in Clovis. During the 2022 -2023 program year, staff prepared guidelines, hi red consultant inspectors/contract management, marketed the program, provided application intake for 10 homeowners. It is anticipated that of these approved applicants, a total of 5 housing rehabilitation projects will be completed within the 2022-2023 program year. The remaining 5 will be completed in the 2023-2024 program year, in addition to any new applicants received during that reporting period.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The Fresno County Housing Authority is not considered to be troubled.

Discussion
Please refer to the narrative above.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City of Clovis does not receive funding specifically to assist the homeless population. The City of Clovis is an active member of the Fresno Madera Continuum of Care (FMCoC), which is the organization that acts as the regional planning body to address homelessness in the region. This collaborative group addresses homeless issues including chronic homelessness, homelessness prevention, and discharge coordination policies on the region-wide basis of Fresno and Madera Counties, which includes the City of Clovis. Based upon the consultation process, the City has recognized a need for shelters for other at -risk populations such as youth and veterans, and has provided funding to a 75 -unit permanent supportive housing project, Butterfly Gardens, that provides affordable housing units for disabled and at risk homeless individuals. The City will continue to pursue projects to serve these populations. Clovis shares tax revenue with Fresno County that helps support programs such as the Marjaree Mason Center, which reports servicing over 300 battered women from the Clovis area per year. In addition, the tax revenue supports the EOC Sanctuary Youth Center that reports sheltering over 200 homeless youths ages 11 -17 annually.

The Fresno-Madera Continuum of Care (FMCoC) released the Point-in-Time (PIT) count in June 2022. The PIT is the annual count of the region’s sheltered and unsheltered homeless individuals and families.

Despite the FMCoC’s efforts to expand its housing and services, the overall count of the number of persons experiencing homelessness continues to increase significantly and as compared to the 2020 Count. At 4,216 homeless individuals, the 2022 report represents an increase of 15.8% in comparison to the 2020 PIT. Of the 4,216 individuals, 2,338 we re experiencing unsheltered homelessness, 1,524 were using emergency shelters, and 336 were using transitional housing. The PIT also identified a total of 5,101 homeless specific housing that were operational within Fresno County and Madera County as of February 23, 2022.

Per the information provided in the 2022 PIT, the Count in the region rose to a peak in 2011, gradually declined for several years after that, and then began increasing again, with a sharper increase over the last two years. This pattern roughly tracks the progress of the economy: homelessness rose during the last years of the Great Recession in 2009 and 2010, then fell over the next few years as the economy recovered, then began rising again around 2017 as droughts and layoffs reduced job market opportunities in the Central Valley, then further increased in 2019 as the COVID -19 pandemic interfered with service and entertainment jobs. Homelessness is often a lagging indicator of general poverty: when people are laid off from work, they ofte n will be able to remain housed for a year or two using savings, help from family, and so on before running out of options. It is worth noting that the last few years have seen a truly impressive increase in the number of emergency shelter beds available i n the FMCoC region. This has caused the number of people experiencing unsheltered homelessness in the FMCoC to decrease by about 13%, even as the total number of people experiencing homelessness has been increasing.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness 98 AGENDA ITEM NO. 7.

Annual Action Plan - 2023 28
OMB Control No: 2506-0117 (exp. 09/30/2021)
including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City is an active supporter of the FMCoC’s Coordinated Entry System. The Coordinated Entry System provides an integrated intake process that connects individuals facing housing, domestic violence, substance abuse, physical health and/or mental health challenges to supportive services. Those needing service can access the system at various m ulti-Agency access points of entry (MAP). MAP access points are located throughout the County, and specifically at the Poverello House (a homeless shelter), Clinica Sierra Vista, Fresno EOC, The Welcome Center and at the Marjaree Mason Center.

Those needin g homeless services within Clovis are referred to the MAP sites, and/or to the 24 hour telephone access line.

Addressing the emergency shelter and transitional housing needs of homeless persons The City of Clovis amended their Development Code to allow emergency shelters and transitional housing, by-right, in any area that allows residential development. The first project to come to fruition is Butterfly Gardens as described above.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
In October 2022, the City welcomed its first dedicated permanent supportive housi ng development, Butterfly Gardens. The 75-unit project was a result of a partnership with the County of Fresno Behavioral Health Department, and a private non-profit housing developer. Butterfly Gardens provides housing and supportive services to disabled individuals and at-risk homeless individuals. City staff meets regularly with management staff from Butterfly Gardens to provide any needed support and to ensure the project partnership continues.

Additionally, City staff regularly refers persons needing housing assistance to the various MAP sites, and to the 24-hour intake telephone line.
99 AGENDA ITEM NO. 7.

Annual Action Plan - 2023 29
OMB Control No: 2506-0117 (exp. 09/30/2021)
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

In addition, Clovis residents have access to many facilities within Fresno County, including assisted and independent residential facilities for both the general adult population and the elderly. There are over 200 residential elderly care facilities in the County of Fresno, with capacity for over 5,000 persons.

There are over 150 Adult residential facilities, with capacity for over 900 persons. • Residential Care Facilities for the Elderly provide care, supervision and assistance with activities of daily living, such as bathing and grooming. They may also provide incidental medical services under special care plans. The facilities provide services to person 60 years of age and over, and persons under 60 with comparable needs. These facilities can also be known as assisted living facilities, nursing homes, and board and care homes.
• Adult Residential Facilities are facilities of any capacity that provide 24-hour non-medical care for adults ages 18-59, who are unable to provide for their own daily needs. Adults may be physically handicapped, developmentally disabled, and/or mentally disabled.

Discussion
In October 2022, the City welcomed its first dedicated permanent supportive housing development, Butterfly Gardens. The 75-unit project was a result of a partnership with the County of Fresno Behavioral Health Department, and a private non-profit housing developer. Butterfly Gardens provides housing and supportive services to disabled individuals and at-risk homeless individuals. City staff meets regularly with management staff from Butterfly Gardens to provide any needed support and to ensure the project partnership continues into the future.

The City of Clovis granted funds to the Fresno Housing Authority for the development of Solivita Commons, a 60-unit affordable multi-family project. The project is 100% deed -restricted for affordable housing. The City provided land use support, application f or funding support, and the grant of funds to make the project possible. Construction was completed in 2021, and the property is leased.

Annual Action Plan - 2023 30
OMB Control No: 2506-0117 (exp. 09/30/2021)
The initial plan is to support multi -family and/or supportive housing projects with residual receipt loans to leverage state and federal tax credit programs. The City has provided a preliminary commitment to a not-for-profit developer for the construction of a 59-unit affordable multi-family housing project, to help secure additional project financing, and will consider other projects if this particular project is unsuccessful in obtaining the additional financing needed to develop the project. 101
AGENDA ITEM NO. 7.

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OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

Clovis faces barriers to affordable housing that are common across housing markets, including decreasing supply of developable land, which increases the cost of acquisition and development of the land. Another common barrier is negative reaction from neighbors regarding affordable housing development based upon a misconception that property values will decline and an increase in parking and traffic . Most crucial, over the last two years, the region has experienced a rapid rise in home values, and interest rates, thereby pricing out first time homebuyers from the home ownership market. Though home values are still significantly below what can be found in surrounding areas, such as the Bay Area, Central Coast and Southern California, the asking prices for homes in the Central Valley are still beyond reach for most lower income families. Although the number of active listings is higher this year than in 2022, home sales have slowed due to these market forces.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
In its 2015-2023 Housing Element, Clovis identified several governmental constraints to the development, maintenance, and improvement of housing and affordable housing, as follows: Zoning Code Amendments, Lot Consolidation and Lot Splits, and Monitoring of Planning and Development Fees. Nongovernmental constraints were identified as follows: Land Costs, Construction Costs, and Availability of Financing.

Discussion:

Please see discussion above.
102
AGENDA ITEM NO. 7.

Annual Action Plan - 2023 32
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-85 Other Actions – 91.220(k)
Introduction:

This section will provide The City's other actions related to implementing the goals and priorities identified in the 2021-2025 Consolidated Plan. The CDBG programs have a stated goal to support the development of viable urban communities by funding programs that provide decent housing, suitable living environments, and expansion of economic opportunities, principally for persons o f low and moderate - income.

The City will prioritize funding to meet the following Consolidated Plan goals:
• Improve Public Facilities
• Increase access to affordable housing
• Provide community and supportive services
• Expand economic development, including commercial revitalization, business expansion, and/or job creation
Actions planned to address obstacles to meeting underserved needs The City will continue to pursue additional Federal, State, and private funding, when available, to assist in meeting the u nderserved needs of Clovis residents. The City will continue partnering with community based organizations, businesses and other public agencies to increase and align services in the community.

Actions planned to foster and maintain affordable housing City staff will continue to monitor and apply for other funding sources, to increase the stock of affordable housing, and improve the condition of homes owned by lower income families.

The City of Clovis is undergoing an update to its Housing Element, which i s planned to be completed in 2023. The update will provide guidance to City Departments, residents, business and housing developers on how to strategically provide housing for all income levels, particularly those with lower incomes.

City staff also provides technical assistance to affordable housing developers throughout the development process. Review and approval of these projects is a priority for City Departments. The City's Planning Division also provides for a development density bonus as part it' s Affordable Housing Incentives programming, and assists developers in the application for and implementation of this tool. Additional incentives or concessions are reviewed and approved by the City if the development meets income targeting thresholds. These can include, reductions in standards such as setback requirements, approval of mixed use land uses not otherwise authorized by code, and other incentives that may be requested by the applicant.

Finally, the City will continue to administer its "Cottage Home Program" to incentivize the construction of 103
AGENDA ITEM NO. 7.

Annual Action Plan - 2023 33
OMB Control No: 2506-0117 (exp. 09/30/2021)
accessory dwelling units (ADU). The City offers three pre-approved ADU building plans free of charge to residents who propose to build a Cottage Home on their property. A goal of the program is to provide additional affordable housing opportunities for the community.

The City was recently awarded $5,000,000 in funds from the State of California CalHome program. These funds are focused on owner -occupied rehabilitation including mobile home replacements whic h house extremely low-income seniors who are at high risk of homelessness. In addition, a small portion the funds will be used for down -payment assistance. The City also received and will be implementing an award of $1,000,000 in State of California HOME funds for a down-payment assistance in the fall of 2021. The City applied for and was awarded State of California Permanent Local Housing Allocation funds. This will provide just over $2 million over 5 years for a variety of affordable housing efforts. The initial plan is to support multi-family and/or supportive housing projects with residual receipt loans to leverage state and federal tax credit programs. The City has provided a preliminary commitment to a not -for-profit developer for the construction of a 59-unit affordable multi-family housing project, Butterfly Gardens, to help secure additional project financing, and will consider other projects if this particular project is unsuccessful in obtaining the additional financing needed to develop the project.

Additionally, in 2022, the City applied for and received $933,879 in Permanent Local Housing Allocation (PLHA) Program funds from the State of California. In 2023, the City received an additional allocation of $625,364 in PLHA funds. The City is working with a local affordable housing developer to utilize the PLHA funds to assist in the development of affordable multi-family housing in Clovis.

Actions planned to reduce lead-based paint hazards
City staff will continue to provide households with resources and guidance to reduce lead -based paint hazards. All housing program participants receive the "Protect Your Family From Lead in Your Home" pamphlet published by the US Environmental Protection Agency. All required precautions are taken to ensure lead is not disturbed with projects assisted with CDBG funds, and that vulnerable residents are not exposed.

Actions planned to reduce the number of poverty-level families The City was recently awarded $5,000,000 in funds from the State of California CalHome program. These funds are focused on owner -occupied rehabilitation including mobile home replacements which house extremely low-income seniors who are at high risk of homelessness. In addition, a small portion the funds will be used for down-payment assistance. The City also received and will be implementing an award of $1,000,000 in State of California HOME funds for a down -payment assistance in the fall of 2021. The City applied for and was awarded State of California Permanent Local Housing Allocation funds. This will provide just over $2 million over 5 years for a variety of affordable housing efforts. The initial plan is to support multi- family and/or supportive housing projects with residual receipt loans to leverage state and federal tax credit programs. The City has provided a preliminary commitment to a not -for-profit developer for the construction of a 59-unit affordable multi-family housing project, Butterfly Gardens, to help secure additional 104
AGENDA ITEM NO. 7.

Annual Action Plan - 2023 34
OMB Control No: 2506-0117 (exp. 09/30/2021)
project financing, and will con sider other projects if this particular project is unsuccessful in obtaining the additional financing needed to develop the project.

Actions planned to develop institutional structure
City of Clovis staff responsible for the administration of the CDBG program will continue to access online, local and regional training to improve and enhance the City's knowledge of the CDBG regulations, building healthy homes, and reducing lead hazards.

Actions planned to enhance coordination between public and private housing and social service agencies
The City of Clovis will continue to maintain memberships and participation in the FMCoC, and the San Joaquin Valley Housing Collaborative. In addition, the City will continue to work closely with the Fresno Housing Authority (Fresno Housing), our local Habitat for Humanity, Self-Help Enterprises, Fresno County Department of Social Services, and other local affordable housing developers to enhance coordination activities between agencies.

Discussion:

The City of Clovis is committed to seeking funding, coordinating with agencies, and planning for the provision of services to our community, particularly those in high need. 105
AGENDA ITEM NO. 7.

Annual Action Plan - 2023 35
OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for u se that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 100% of the CDBG funds used during the 2023-2023 program year will be for the benefit of LMI persons.

The City has assumed $67,000 in savings from the 2022 -23 program year that is being programmed for 2023-24 projects.
106
AGENDA ITEM NO. 7.

Citizen Participation Comments
2023-2024 Annual Action Plan (CDBG)

CONTENTS

1. Summary of Public Comments Received

2. Proof of Publications for Public Meetings and Public Hearing

3. Copy of Facebook Public Meeting Notices
107
AGENDA ITEM NO. 7.

Summary of Public Comments Received
1/31/2023
Comment on Facebook Public Meeting Notice
Comment 1: “Do you help individuals with necessary housing projects, who can’t afford to get house from fixed. Couldn’t come to meeting for medical reasons fyi not COVID.” 2/16/2023
Comments on Facebook Public Meeting Notice
Comment 2: “I think it’s funny that these posts are put out and you want public input however, out of the six or seven times that I’ve actually come to voice an opinion you go against the public whatever is more tax dollars or money for the city is the decision made” Comment 3: “Low-income housing for employed single people with no children or spouses.” 108
AGENDA ITEM NO. 7.

Proof of Publications for Public Meetings and Public Hearing 109
AGENDA ITEM NO. 7.

P.O. Box 126
Fresno. CA 93707
Telephone (559) 490-3400
(Space Below for use of County Clerk only)

IN THE COUNTY OF FRESNO, STATE OF CA LIFORNIA

CITY OF CLOVIS
2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT

CALL FOR PROJECTS

STATE OF CALIFORNIA

COUNTY OF FRESNO
MISC. NOTICE
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of THE BUSINESS JOURNAL published
in the city of Fresno, County of Fresno, State of California, Monday, Wednesday, Friday, and which newspaper has
been adjudged a newspaper of general circulation by the Superior Court of the County of Fresno, State of California, under the date of March 4, 1911, in Action No.14315; that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:

JANUARY 13, 2023
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Fresno, California,
JANUARY 13, 2023
ON ...................................................... ....................................... .

Project proposals will be accepted until
4:00 PM on Friday, March 17, 2023

DECLARATION OF PUBLICATION
(2015.5 C.C.P.)

CITY OF CLOVIS
2023-2024 COMMUNITY

DEVELOPMENT BLOCK GRANT

CALL FOR PROJECTS
January 13,2023
The City of Clovis is now accepting
affordable housing and community
development project propo als for the
2023-2024 Community Development
Block Grant (CDBG). Project proposals
will be accepted by the Clovis
Economic Development. Housing, and
Communications Department until 4:00
P.M. on Friday, March 17, 2023.

The 2023-2024 CDBG program year
will begin on July l, 2023 and end
on June 30, 2024. While the exact
amount of CDBG funding is unknown
at this time, it is anticipated that Clovis
will receive approximately $700,000
from the U.S. Department of Housing
and Community Development. It is
anticipated that the total amount of
proposals submitted will exceed the
amount of funding available.

To be considered for funding, CDBG
project proposals must meet one of the
following objectives:
· Directly benefit low- and moderate
income persons;
· Aid in prevention or elimination of
slums or blight;
· Meet an urgent need (the activity
provides a remedy to a serious and
immediate health or welfare problem,
such as a natural disaster).

Proposals will only be accepted from
the following:
· Governmental agencies
Non-profit organization
· Private for-profit entities
Examples of CDBG projects
completed in previous program years
include Housing Rehabilitation,
ADA Improvements, Streets and
Alley Improvements, Micro-Bu iness
Development and Area-Based Policing.

A workshop for those interested in
submitting a proposal will be held on
Wednesday, February 1, 2023, at 4:00
p.m. at the City Council Chambers
of the City of Clovis, 1033 Fifth
Street, Clovis, CA 93612. For further
information about the CDBG program,
or to request a proposal application
packet, pie e contact:

Claudia Cazares, Management Analyst
Affordable Housing Programs
1033 Fifth Street, Clovis, CA 93612
(559) 324-2094
[email protected]
In compliance with the Americans with
Disabilities Act, if you need special
assi tance or translation services to
participate in this meeting, please
contact Claudia Cazares at (559) 324-
2094. Notification 48-hours prior to the
meeting will enable the City to make
reasonable arrangements to ensure
accessibility.
01/13/2023
110
AGENDA ITEM NO. 7.

P.O. Box 126
Fresno. CA 93707
Telephone (559) 490-3400
(Space Below for use of County Clerk only)

IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA

CIUDAD DE CLOVIS
2023-2024 PROGRAMA DE FONDOS PARA EL

DESARROLLO DE LA COMUNIDAD
LLAMADA POR SOLICITUDES, PROYECTOS 0

PROGRAMAS

STATE OF CALIFORNIA

JANUARY 13, 2023
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Fresno.

California,
JANUARY 13, 2023
ON ........................................................................ .................... .. ....... � ..

Project proposals will be accepted until
4:00 PM on Friday, March 17, 2023

DECLARATION OF PUBLICATION
(2015.5 C.C.P.)

CJUDAD DE CLOVIS
2023-2024 PROGRAMA DE FONDOS

PARA EL DESARROLLO DE LA
COMUNlDAD

LLAMADA POR SOLICITUDES

PROYECTOS O PROGRAMAS
13 de enero, 2023
La Ciudad de Clovis ya esta aceptando
propuestas para proyectos o programas
para viviendas de bajo costo o
desarrollo de la comunidad para el
Program de Fondos para el Desarrollo
de la Cornunidad ("CDBG" en ingles)
para el aiio 2023-2024. Solicitudes
seran aceptadljs en el Departamento de
Desarrollo Econ6mico, de Viviendas y
Comunicaci6n terminando a las 4:00
P.M. del viernes, 17 de marzo, 2023.

El Programa de CDBG 2023-2024
empieza el I de julio, 2023 y terrnina el
30 de junio, 2024. Aunque el gobierno
federal no le ha provefdo la cantidad
exacta de fondos CDBG que se le dara
a la ciudad, se anticipa que Clovis
recibira aproximadarnente $700,000
del Departamento Federal de Viviendas
y Desarrollo Comunitario ("HUD"
en ingles). Se anticipa que la ciudad
recibira mas propuestas en una cantidad
que sobresale la cantidad de fondos que
se anticipa recibir.

Para ser considerado para recibir fondos
del Programa CDBG, su propuesta y
proyecto tiene que Uenar uno de estos
objetivos:
· Beneficiar directamente a personas
de bajos tecursos ("low-moderate
income")
Asistir en Ia eliminaci6n de
condiciones de vida precarias e
insaJubres
· Satisfacer una necesidad urgente (para
actividades que remedian un problema
serio e inmediato a la saJud, ta] como un
de astre natural)
Propuestas nada ma eran aceptadas de
las siguientes entidades:
· Agencia del gobierno
· Organizaciones no-lucrativas
· Empresas privadas con fine de Jucro
Algunos ejemplo de proyectos
de CDBG completos en el pasado
incluyen: Rehabilitaci6n de Viviendas,
Mejoras de Acee o para Personas
con Discapacidades, Mejoras a Vias
Publica , Desarrollo para Micro
Empresas y Seguridad Policial
Comunitaria.

Habra un taller informativo para
personas interesadas en presentar una
olicitud para un proyecto o programa.

EI taller e llevara acabo el miercoles I
de febrero, 2023, a las 4:00 P.M. dentro
de la Caniara del Concilio de Clovis,
ubicada en el 1033 Fifth Street, Clovis,
CA 93612. Para mas informaci6n
tocante el Programa CDBG, o para
pedir una aplicaci6n para su propuesta,
favor de contactar a:

Claudia Cazares. Management Analyst
Programas de Viviendas Asequibles
1033 Fifth Street, Clovis. CA 93612
(559) 324-2094
lau iac@ciryofclovi .com
De acuerdo con las !eyes para personas
con discapacidad ffsica (ADA), si
usted necesita acceso especial, o si
usted necesita servicios de traducci6n,
para participar en este programa, o
estas jun�as, favor de llamar a Claudia
Cazares al (559) 324-2094, con 48
horas de adelanto para que la Ciudad
de Clovis pueda bacer los arreglos
nece arios para su acceso.
01/13/2023
111
AGENDA ITEM NO. 7.

HICSNO I Klt'it.S I MADEfl,\ I flJLArlt
P.O. Box 126
Fresno, CA 93707
Telephone (559) 490-3400
(Space Below for use of County Clerk only)

IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA
YOUR INPUT IS NEEDED!
The City of Clovis invites you to participate in a meeting regarding the City's Community Development Block Grant
(CDBG) program

STATE OF CALIFORNIA

COUNTY OF FRESNO
MISC. NOTICE
I am a citizen of the United States and a resident of the County aforesaid; I arn over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of THE BUSINESS JOURNAL published
in the city of Fresno, County of Fresno, Stctle of California, Monday, Wednesday, Friday, and which newspaper has
been adjudged a nevvspaper of general circulation by the Superior Court of the County of Fresno , State of California1 under the date of March 4, 1911, in Action No.14315; that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to wit:

FEBRUARY 10, 2023
I declare under penalty of perjury t11at the foregoing is true ancl correct and that this declaration was executed at Fresno, California,
FEBRUARY 10, 2023
ON ............................................................................................ ..

Meeting Information:

March 2, 2023 at 5:00 PM

DECLARATION OF PUBLICATION
(2015.5 C.C.P.)
YOUR INPUT IS NEEDED! , dtyofclovis/j.php?MTID:::m2e.3452:ia8 The City of Clovis i nvites yo u t o 512(!7bc3648bb6L'i70b70fl purtidpnte in 11 meeting regarding the Wcbumr number: 2495 l 10 l071 City's Community Devclopmcni Block Webinnr password: Roi.leo 1033 Grunt (:CDBG) program. Currently 17633b1 Q3 from
under dcve1opmenl is the 2023-2024 Join by phone: ,- 0••·••''"-'-''"' United Action Plan for use of CDBG funds, am!. Stntcs Toll Free or t-408-41 !VJ388 input is needed nn what projects should. Unilcd States Toll be conshk!rcd. Al•,cess code: 249 511 0 I07 I
The CDBG Program is a federal Fur questions cont;1ct: Claudia Cazares, : program to ndclre;s the Housing and •(559) 324-2094, daudiridi\ 1cityofdovis.

Crnnmunity D �vdopmcnl needs uf low con, , . ·. . . and modcrnte-mcome persons. l11 cnmphance with the Arnencans with Potc11tiul projci�l$ include: Disabilities Act, if. you need special Housing Rdrnbilitation m;slstnnce to partkipult� in this meeting, Public · infrastrncturc irnpr6vcmcnts pll'ast! contnct Claudia Cazare:? ut <559) such as wnlcr. sewer. sklewalks. sHeels 324-2094. Notificutinn 48-hmm; prior and drninage It) the mcetin!! will e11;1bfo the Cilv to Public Services n;nke reasonul51t.'.arta11gem1.mts to ens111·c Mkro-Hu:-iness Devdop1m:11t accessibilitv. TTYrJ'DD Assistance:
i\fo:ting tn(ormntion:- The Cnlifoi·nia Relay Scn1ice provides Date: tvfnrch 2, 2023 specially trained Comm1111ication, Time: 5:00 P.M. Assistnm;; . to l'elay conversations
Placi.•: City of Cliwis Council Clwmbcrs between deaf, hl\rd of hca�in•g, or 1033 Fifth Street speech-loss individuals and people who Clovt�. CA 9J6 l 2 . . 111-t! u standard telephone. You �nn. use YOU CAN ALSO JOIN BY th1s sen'ice t9 cn11t�1cl the City of Clovis COMPUTER \/IA WEBEX: by dialing 711.
02/10/2023
\,i:0111/
112
AGENDA ITEM NO. 7.
i:ntsNo I KINGS 1 �i1iornA I flJLJ\HE
P.O. Box 126
Fresno, CA 93707
Telephone (559) 490-3400
(Space Below for use of County Clerk only)

IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA
iNECESITAMOS SU PARTICIPACl6N!
La Ciudad de Clovis le hace una invitaci6n a participar en una junta tocante el Programa de Fondos para el Desarrollo
Comunitario (CDBG)

STATE OF CALIFORNIA

COUNTY OF FRESNO
MISC. NOTICE
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of THE BUSINESS JOURNAL published
in the city of Fresno, County of Fresno, State of California, Monday, Wednesday, Friday, and which newspaper has
been adjudged a newspaper of general circulation by the Superior Court of the County of Fresnol State of California, under the date of March 4, 191 t in Action No.14315; that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:

FEBRUARY 10, 2023
I declare under penalty of perjury that the foregoing is true ancl correct and tllat this cleclaration was oxecutocl at Fresno.

California.

FEBRUARY 10, 2023
ON ............................................................................................ ..

Meeting Information:

March 2, 2023 at 5:00 PM

DECLARATION OF PUBLICATION
(2015.5 C.C.P.)
jNECESITAMqS
PARTICIPACIONl
La Cimlad de Clovis le hnce una
invitacion a parLicipar en una jumn
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AGENDA ITEM NO. 7.
4/3/23, 3:08 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/fresno/home/confirmation.html?id=110618&returnto= 1/1 THANK YOU for your legal submission!
Your legal has been submitted for publication. Below is a confirmation of your legal placement. You will also receive an email confirmation.

ACCOUNT INFORMATION
City of Clovis
1033 Fifth Street
Clovis, CA 93612
559-324-2094
[email protected]

TRANSACTION REPORT
Date
April 3, 2023 6:08:04 PM EDT
SCHEDULE FOR AD NUMBER IPL01170120
April 5, 2023
The Fresno Bee
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4-5-2023

WEBSITE POSTING

NOTICE OF PUBLIC COMMENT PERIOD AND
PUBLIC HEARING ANNOUNCEMENT FOR MAY 8, 2023

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Call Meeting to Order Laura Moreno, Chair
Roll Call of Directors (10 min.) Sara Mirhadi, Secretary 2023 FMCoC Election Results (10 min.) Laura Moreno, Chair

Approve February & March Minutes, April Agenda, & Financial Report (5 min.) Laura Moreno, Chair Approve FMCoC Written Standards (5 min.) Maya Spark, Homebase Approve Fresno Housing FMCoC HMIS Lead Agency MOU (5 min.) Doreen Eley, Fresno Housing

Enfuse Action Collective Presentation (10 min.) Cristine Cortes, Enfuse Action Madera County Plans for Bridge Housing Funding (10 min.) Connie Moreno-Peraza, Madera Co. DBH Draft Madera County Plan to Prevent & End Homelessness & Gap Analysis (10 min.) Joel Bugay, Madera County City of Clovis Public Comment Period for CDBG Annual Action Plan 4/5-5/8/23 (5 min.) Claudia Cazares, City of Clovis VAWA Training for CoC & ESG Funded Projects (5 min.) Maya Spark, Homebase Youth Advisory Board Update (5 min.) Maya Spark, Homebase CoC NOFO Awards (5 min.) Maya Spark, Homebase
CES Evaluation Provider Survey (5 min.) Maya Spark, Homebase 2023 HUD CoC NOFO Meetings (5 min.) Maya Spark, Homebase FMCoC Action Camp & Mid-Point Follow-Up (5 min.) Katie W., RHCB & Doreen E. Fresno Housing HMIS Presentation (10 min.) Marcella Lopez-Schmidt, Fresno Housing Lived Experience Advisory Board (LEAB) Update (5 min.) Alex Sanchez, LEAB Chair County of Fresno Update (5 min.) Cynthia Cardenas, County of Fresno DSS City of Fresno Update (5 min.) Joe Pasillas, City of Fresno Marjaree Mason Center Update (5 min.) Laura Lopez, Marjaree Mason Center San Joaquin Valley Veterans Update (5 min.) Beverly Novella, SJVV Unscheduled Announcements (5 min.)

Agenda
Action Items
Informational
Fresno Madera Continuum of Care
General Membership Meeting
April 13, 2023 8:30 – 10:30 AM
Zoom Meeting
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AGENDA ITEM NO. 7.

If any accommodations are needed for the meeting, please contact Sara Mirhadi at (559) 498-6988 or [email protected].

Requests should be made as soon as possible but at least three days prior to the scheduled meeting.

Board of Directors
Chair: Laura Moreno Vice Chair: Jody Ketcheside Immediate Past Chair: Shawn Jenkins Secretary: Sara Mirhadi Treasurer: Misty Gattie-Blanco
Regional Representatives: Joel Bugay-County of Madera, Philip Skei-City of Fresno, Claudia Cazares-City of Clovis Members at Large: MaryAnn Knoy and Katie Wilbur
Collaborative Applicant Representative: Doreen Eley
Website address www.fresnomaderahomeless.org
1331 Fulton Mall, Fresno, CA 93721
Phone: (559) 457-4251
Meeting Adjourned
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NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING
FOR THE ADOPTION OF THE 2023-2024 CDBG ANNUAL ACTION PLAN

NOTICE IS HEREBY GIVEN, that t he City of Clovis will have copies of the 2023-2024 Annual Action Plan for the Community Development Block Grant (CDBG) Program available for a 30-day public review and comment period beginning April 5, 2023 and ending at the close of business on May 5, 2023, at the following locations:

• Clovis City Hall: 1033 Fifth Street, Clovis, CA 93612 • Clovis Senior Center: 850 4
th Street, Clovis, CA 93612
• Fresno County Public Library in Clovis: 1155 Fifth Street, Clovis, CA 93612 • City of Clovis Web Site: www.cityofclovis.com

By this n otice, the City of Clovis invites parties that have an interest in, or may be impacted by , the activities discussed in the Annual Action Plan , to submit a written comment and attend the Public Hearing. Citizen participation is considered an important element of the Annual Action Plan process and is encouraged by the U.S. Department of Housing and Urban Development and the City of Clovis. All written comments received by the close of business on May 5, 2023, at the address below will be considered and included as attachments in the Annual Action Plan document.

A public hearing will be held on May 8, 2023 at 6:00 p.m. in the City of Clovis Council Chambers located at 1033 Fifth Street in Clovis. Citizens may provide their views and comments on the Annual Action Plan and the proposed use of CDBG funds for the 2023-2024 program year. The 202 3-2024 CDBG allocation from the U.S.

Department of Housing and Urban Development (HUD) is $ 652,542, with an additional $67,835 of project savings from the prior year’s CDBG allocation. The propos ed use of funds for the 2023-2024 program year are as follows:

• Housing Rehabilitation .................................................. $197,881.00 • Brookfield/Cole/Rosebrook Alley Reconstruction ........ $341,987.00 • Microenterprise – Commercial Kitchen .......................... $50,000.00 • Administration .............................................................. $130,508.00

Public Comment
Citizens and groups are encouraged to submit written or verbal comments concerning the proposed projects and the CDBG Program by contacting:
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Claudia Cazares, Affordable Housing Management Analyst
1033 Fifth Street, Clovis, CA 93612
Ms. Cazares may also be contacted at (559) 324- 2094 or via email at [email protected], Monday through Friday.

Accessibility
In compliance with the Americans with Disabilities Act, if you need special assistance or translation services to participate in this meeting, please contact Claudia Cazares at (559) 324-2094. Notification of 48-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

Need Assistance Contacting the City of Clovis? California Relay Service provides specially trained Communication Assistants to relay conversations between deaf, hard of hearing, or speech-loss individuals and people who use a standard telephone. You can use this service to contact the City of Clovis by dialing 711.

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Copy of Facebook Public Meeting Notices
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https://www.facebook.com/clovis.ca

POSTING OF PUBLIC NOTICES

ON CITY OF CLOVIS FACE BOOK PAGE

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DATE: January 31, 2023

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DATE: February 16, 2023

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PLACE HOLDER FOR FB POSTING
ANNOUNCING 5-8-2023 PUBLIC HEARING
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AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: General Services Department
DATE: May 8, 2023
SUBJECT: Consider Approval – Update on Community Services Fee Policy.

Staff: Amy Hance, General Services Manager
Recommendation: Approve

ATTACHMENTS: 1. Community Services Fee Policy

RECOMMENDATION
For the City Council to approve adoption of the Community Services Fee Policy.

EXECUTIVE SUMMARY
The Clovis Senior Activity Center and Clovis Recreation sections provide classes and programs to the community. A range of fees for some programs and activities have been set by the Master Administrative Fee Schedule. Depending on the class or program , these fees may not adequately recover basic costs. Staff is requesting adoption of the Community Services Fee Policy that will set out cost recovery goals depending upon individual or community benefit.

BACKGROUND
The Clovis Senior Activity Center and Clovis Recreation have provided programs, classes, and activities for area residents for over 40 years. Both sections are supported in part by the General Fund. A portion of the cost of providing services at the Senior Center is offset by hall rental s, special event s, and class user charges alo ng with donations. The Clovis Recreation also recovers some of the cost of programs through revenue received from the batting cage, adult and youth sport fees, and facility rental fees.

Currently, Clovis Recreation staff sets the costs for adult, youth, and league programs using a formula based on hourly staff costs, t-shirts, trophies, pictures, and other materials with the goal of 100% cost recovery for these items . Senior Center staff sets fees for programs and classes 132
AGENDA ITEM NO. 8.
based a variety of factors including instructor costs, length of classes, and some material costs.

Class fees are designed to offset the costs of the program or class but ultimately constitute only a small portion of funds required for operating and maintaining facilities. All other associated expenses including maintenance, property and liability insurance, support staff, and other expenses come from the General Fund. As programs and services continue to grow with the community, a policy to define cost recovery goals for programs is needed.

The Community Services Program Fee Policy categorizes programs and events into one of three tiers. Each tier is defined as either a benefit to an individual only, a benefit to the community, or a combination of community and individual benefit:

 Tier 1 – Highly individualized programs that primarily benefit individual participants and not the community as a whole. Cost recovery 90% – 100%
 Tier 2 – Events or activities that benefit both the community and the individua l by promoting physical and mental well-being along with recreation. Cost recovery 40% - 90%  Tier 3 – Programs and events that enhance quality of life for the community and are offered to residents at no or minimal fee. Cost recovery 0% - 40%

Once the appropriate class tier is determined by staff, the cost of wages and benefits for the class or program instructor, cost of class materials, and additional staff, set -up, or facility costs if required for a specific program are calculated. Using the tier percentage, the fee is th en determined.

Fees will be adjusted accordingly if donations, sponsorships, or partnerships provide support to the program or class. Program costs will be evaluated periodically to ensure that fees remain in line with the total cost of the class. New programs can take time to become successful, so the policy provides a six-month grace period to allow for adjustments in marketing or scheduling to attract more students.

FISCAL IMPACT
Fees for activities and classes will be set according to the policy based on benefit to the community and individual. This will provide for more accurate cost recovery for the current services provided.

REASON FOR RECOMMENDATION
There is currently no policy to guide pricing for classes and programs at the Clovis Senior Activity Center and Clovis Recreation. The policy will provide a framework when setting fees based on the program benefit to the community and individual.

ACTIONS FOLLOWING APPROVAL
Staff will implement policy.

Prepared by: Amy Hance, General Services Manager

Reviewed by: City Manager JH
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AGENDA ITEM NO. 8.

CITY OF CLOVIS

COMMUNITY SERVICES FEE POLICY
Clovis Senior Activity Center and Clovis Recreation

Program fees are necessary to provide financial support for the community programs offered by the Clovis Senior Activity Center and Clovis Recreation. Class fees are designed to offset some of the City’s direct costs of providing the program or class but ultimately constitute only a small portion of the total cost to the City of providing the service, including the funds required for operating and maintaining the facility.

Calculation of cost recovery includes:
 Wages and benefits for the class or program instructor.  Cost of class materials (including uniforms, trophies, pictures, supplies and materials.)  Additional staff, set-up or facility costs if required for a specific program.

When reviewing City fees, it is important to understand who is benefitting from a specific program or service to determine how that program or service should be paid for. The basic premise used by many agencies is that the higher the benefit to an individual from a program or service, the higher the cost recovery ratio should be; and the more the program or service benefi ts to the community as a whole, the lower the cost recovery ratio should be (or in some cases no fee at all) as the program or service has general applicability to the community funded by the taxes paid by participants.

Each program offered will be evaluated by staff and categorized into one of three tiers listed below.

Each tier is defined as either a benefit to an individual only, the community , or a combination of community and individual. Fees may be adjusted if donations or sponsorships are provided to offset the cost. Program costs and participation will be evaluated periodically. New programs will be evaluated after six months in order to allow time to promote and increase class attendance. At the discretion of management, an additional fee may be imposed on participants residing outside City boundaries.

TIER 1 - HIGHLY INDIVIDUALIZED PROGRAMS - COST RECOVERY 90% - 100%.

Represents activities that primarily benefit individual participants and not the community as a whole.

Programs and services are priced to recover near full cost recovery calculation.  Primarily benefits individuals with little or no community benefit. For example, individual and team sports, camps, dance class, craft class, exercise, etc.

TIER 2 - COMMUNITY/INDIVIDUAL BENEFIT - COST RECOVERY 40% - 90%.

Represents services with a balance of community and individual benefit which promote individual, physical and mental well-being and provide a level of recreational skill development.  Benefits both individuals and the community. For example, Clovis Trail Fest, Memorial Run, annual car show, etc.

TIER 3 - COMMUNITY BENEFIT - COST RECOVERY 0% - 40%.

These programs and events address social needs and enhance quality of life for the community.

These services are offered to residents at no or a minimal fee. Typical costs to be recovered include general facility cost, some staff costs, supplies, or other nominal costs.  Primary goal is to engage the community. For example, annual Easter egg hunt, Play Day in the Park, Cops and Kids camp, Easter and Thanksgiving meal, Christmas Tree Lighting, etc.

Effective 5-8-23

ATTACHMENT 1 134
AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 8, 2023
SUBJECT: Consider items associated with various fees under the Planning and Development Services Department and find that the project is exempt from further environmental review under Section 15061(b)(3) of the California Environmental Quality Act Guidelines. City of Clovis, applicant.

a. Consider Approval - Res. 23-___, A request to approve a resolution amending Plan Check, Inspection Services, Encroachment Permits, and Community Investment Program Rates.

b. Consider Approval - Res. 23-___, A request to approve the 2023 City of Clovis Planning Division fee schedule.

c. Consider Introduction - Ord. 23 -___, A request to approve an ordinance of the City Council of the City of Clovis amending Section

8.1.01.1 of Chapter 8.1 of Title 8 relating to amendments to uniform administrative code to add P hotovoltaic and Energy Storage Systems fee Table S-1.

Staff: Sean Smith, Supervising Civil Engineer / George Gonzalez, Senior Planner / Douglas Stawarski, Building Official
Recommendation: Approve

ATTACHMENTS: 1. Draft Resolution, Amending Plan Check, Inspection Services, Encroachment Permits, and Community Investment Program Rates

2. Draft Resolution, Approving the 2023 City of Clovis Planning Division Fee Schedule

3. Draft Ordinance, Amending Section 8.1.01.1 of Chapter 8.1 of Title 8

4. Table S-1

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AGENDA ITEM NO. 9.

RECOMMENDATION
For the City Council to approve Res. 23 -___, amending Plan Check, Inspection Services, Encroachment Permits, and Community Investment Program Rates.

For the City Council to approve Res. 23-___, approving the 2023 City of Clovis Planning Division fee schedule.

For the City Council to approve Ord. 23-___, approving changes to Photovoltaic and Energy Storage Systems (ESS) fees contained in Table S-1.

EXECUTIVE SUMMARY
Staff is recommending updates to the following fee programs:

1. Engineering Division hourly rates and inspection fees

2. Planning Division fees

3. Building Division photovoltaic and energy storage systems (ESS) fees

Engineering Division Hourly Rates
Engineering Division hourly rates need to be adjusted from $140 to $145 per hour to follow increases in operational overhead costs to maintain a functional level of service to the development community and operation of the Community Investment Program, together with offsetting increases in operational costs. The revised rate will take effect beginning July 10, 2023, 60 days after approval.

Planning Division Fee Schedule
The Planning Division fee schedule was last updated by Resolution 2 2-64, which took effect August 29, 2022. The operational costs have increased for the Planning Division similar to the costs for the Engineering Division. A 3.81% across-the-board increase is recommended, based on the 5-year average change in the consumer price index (CPI). This methodology was used because it accounts for the changes in costs that have occurred since the comprehensive fee analysis was completed in 2021, while avoiding the “spiking effect” that would have occurred if only the most recent year’s CPI was utilized. The revised fee schedule will provide the funding necessary for the Planning Division to maintain a functional level of serv ice to the public . The revised rates will take effect beginning July 10, 2023, 60 days after approval.

Building Division Photovoltaic and Energy Storage Systems (ESS) Fees Senate Bill 379 requires an online, automated permitting platform that verifies code compliance and issues real -time permits for residential roof -top mounted photovoltaic and energy storage systems. Currently, the plan and permit approval system is a manual process with staff -built invoices. The new automated process requires a more streamlined approach since the process is completely automated. A streamlined fee based on kW per hour is laid out in the California Solar Permitting Guidebook, and this fee structure is what is listed in Table S-1 (see Attachment 136
AGENDA ITEM NO. 9.
4), which will aid the implementation of the new system and help recover the City's costs in providing the necessary review and permit for such systems.

The current permit fee is based on an hourly rate is $95.00, and the new fee would increase the photovoltaic system fees to about $124.00 for the hourly rate for the first tier of 15 kW or less.

This is an increase of about 30% on average. The last fee increase for photovoltaic systems was approved in 2011 when the hourly rate of $95.00 was adopted. Since then, solar permits ha ve increased from 200 to 2000 per year, and our streamlined process has been adequately funded.

The new fees are necessary to fund the new software, development of the system, and the implementation of the new program that performs no subjective plan review prior to inspection.

The revised rate will take effect beginning June 15, 2023, 30 days after adoption of the ordinance.

BACKGROUND
Plan Check, Inspection Services, Encroachment Permits , and Community Investment Program Rates

The Engineering Division last updated the hourly rates in 2022 by Resolution 22-63. The cost of employee benefits has been increasing and is expected to continue to rise for the foreseeable future. Staff is recommending an hourly rate of $145 to follow t he overhead increases of 2022.

Hourly Billing Rate
In accordance with the Clovis Municipal Code, the Council establishes, by resolution, a schedule of fees for inspection, staking, and other services to be rendered by the City in connection with work performed by Engineering staff. The $140 per hour billing rate was last updated in June 2022 by Resolution 22-63. Going forward, staff will review the hourly rate and adjust according to the CPI as part of the annual, or biannual review of the Development Impact Fees.

Stakeholder Outreach
An email was provided to a group of over 130 stakeholders describing the proposed increase and all were offered the ability to meet in person or virtually. The stakeholders included the Building Industry Association (BI A), Fresno Metropolitan Flood Control District (FMFCD), the Clovis Unified School District, and several local residential and non -residential developers.

None of the contacted stakeholders have provided opposition to the hourly rate increase. The revised rate will take effect beginning July 10, 2023, 60 days following the approval of the resolution by Council.

Planning Division Fee Schedule

Based on the evaluation completed in February 2023, staff is recommending an update to the 2022 Planning Division Fee Schedule utilizing the Consumer Price Index (CPI) for All Urban Consumers. The CPI was identified as the most applicable index for an adjustment to the Planning fees, which are based primarily on personnel costs. The recommended methodology utilizes the average of the last five (5) years of the CPI percentage changes to arrive at a total 137
AGENDA ITEM NO. 9.
increase of 3.81%. While it is relatively common to use the single year change in CPI to make these routine annual adjustments, a five -year average is recommended for the 202 3 update because the change in the most recent year’s CPI is over 6%, reflecting the high rate of inflation and related factors that the entire country is currently experiencing. Fee updates should avoid “spiking” factors that may not be sustained over time. An annual adjustment of over 6% would exceed actual and anticipated changes in processing costs.

Three entitlement types are excepted from this increase: Small Home Occupation Permits, Staff Research & Document Preparation, and the Redistribution Fee for applications during the commenting period. These three entitlements are proposed to be increased from the current hourly rate of $140 per hour to $145 per hour as proposed by the Engineering Division.

The “per acre, per building permit, per sign, per unit, and per lot” fees are also not being proposed to change. The new rates within the Planning Division Fee schedule will take effect July 10, 2023, 60 days following the approval of the resolution by Council.

Stakeholder Outreach
An email was provided to a group of over 130 stakeholders describing the proposed changes to the 2023 Planning Division Fee Schedule on April 17, 2023. The stakeholders were the same as the Plan Check, Inspection Services, Encroachment Permits , and Community Investment Program Rates , which included the Building Industry Association (BIA), Fresno Metropolitan Flood Control District (FMFCD), the Clovis Unified School District, and several local residential and non -residential developers. No commen ts had been received as of the completion of this staff report.

Building Division Photovoltaic and Energy Storage Systems (ESS) Fees

Senate Bill No. 379, enacted in 2022, added Government Code Section 65850.52, effective January 1, 2023. This Section requires the City to implement an online, automated permitting platform that verifies code compliance and issues permits in real-time for a residential roof-top mounted photovoltaic system, as defined, that is no larger than 38.4 kilowatts alternating current nameplate rating and a residential energy storage system, as defined, paired with a residential solar energy system that is no larger than 38.4 kilowatts alternating platform current nameplate rating.

The City must have the online, automated permitting platform implemented by September 30, 2023. The City is on track to have the new platform fully implemented by the required deadline.

Currently, the City's permit fees are based on numerical counts of fixtures and components of a residential solar system. The updated fees in new Table S-1 (see Attachment 4) will simplify the calculation based on system-size only. The new fees are necessary for the fully automated process. The revised rates will take effect beginning June 15, 2023, 30 days after adoption of the ordinance by the Council.

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AGENDA ITEM NO. 9.

California Environmental Quality Act

The proposed fee adjustments have been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and based upon the Public Resources Code Section 15061 (b)(3), there is no substantial evidence that the project will have a significant effect on the environment, therefore, all are exempt from CEQA.

FISCAL IMPACT
Engineering Department revenue increases will offset increased staff costs and allow City staff to maintain the current level of plan check and inspection services. The increase in the hourly rate will cover the increased costs of CIP staff and will not exceed the estimated amount required to provide the service for which the applicable fee is charged.

Planning Division revenue increases will offset increased staff costs and allow City staff to maintain the current level of service for entitlement applications. The fee increases will not exceed the estimated amount required to provide the service for which the applicable fee is charged.

Building Division revenue increase is necessary to help cover the cost of implementing the real- time permit approvals and issuance process for the new residential roof -top online real -time process and the residential standard photovoltaic permit process. The cost for the new automated permit system was included in the 2022-2023 budget and that cost to the City will be offset with the increased permit fees. The fee increases will not exceed the estimated amount required to provide the service for which the applicable fee is charged.

REASON FOR RECOMMENDATION
Staff is recommending an increase in the hourly billing rate to $145 per hour to cover the cost of staff services provided on Plan Checks, Inspection Services, Encroachment Permits, and Community Investment Program projects.

Staff is recommending a revision to the Planning Division fee schedule to cover the cost of staff services provided on entitlement applications. The recommended adjustments are consistent with the discussion presented to stakeholders and the Council in 202 2, during which Staff outlined its intent to proceed with routine or annual adjustments to the fees.

The Building Division Photovoltaic fees have not been adjusted since 2011. The new fee Table S-1 is necessary to implement the real -time permit approval and issuance process for the new residential roof -top online re al-time process and the residential standard photovoltaic permit process.

ACTIONS FOLLOWING APPROVAL

1. Engineering staff will notify the development community and implement the new rates for Plan Check, Inspection Services, Encroachment Permits, and the Community Investment Program 60 days after approval of the resolution.

139
AGENDA ITEM NO. 9.

2. Planning staff will notify the d evelopment community and implement the new rates for the Planning Fee Schedule 60 days after approval of the resolution.

3. The Ordinance will return for a second reading and adoption during the May 15, 2023, City Council meeting. It will go into effect 30 days after its passage and adoption, if approved.

Prepared by: George Gonzalez, Senior Planner

Reviewed by: City Manager JH
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AGENDA ITEM NO. 9.

Attachment 1
RESOLUTION 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING PLAN

CHECK, INSPECTION SERVICES, ENCROACHMENT PERMITS, AND COMMUNITY

INVESTMENT PROGRAM RATES

WHEREAS, Chapter 2 of Title 7 of the Clovis Municipal Code provides rules and regulations for excavations and other work in City streets, for issuance of permits and fees therefor, and provides for a schedule of fees for engineering, inspection, staking and other services rendered by the City in connection with such work performed thereunder ; and

WHEREAS, the Clovis Municipal Code, provides that fees be fixed by resolution; and

WHEREAS, the City Council of the City of Clovis desires to revise fees associated with services rendered by the City to cover the increased costs to the City of providing the applicable services.

NOW, THEREFORE, BE IT IS RESOLVED that the City Council of the City of Clovis hereby adopts the following revisions to the fee schedule for services hereinafter set forth and finds the fees set forth herein to be necessary to cover the increased costs to the City of providing the applicable services:

HOURLY RATE
The hourly rate for Engineering services rendered shall be set at $145 per hour.

WITH RESPECT TO INITIAL SUBMITTAL FEES:

Initial plan review fees shall include four (4) submittals of the plans and preparation of all standard agreements (as indicated below). All additional submittals and preparation of non-standard agreements shall be subject to additional review fees per hour or fractions thereof at the Hourly Rate. Overtime fees will be 1.5 times the Hourly Rate per hour or fractions thereof with a two-hour minimum.

ENCROACHMENT PERMIT FEES:

1. The administrative charge for processing an application for an encr oachment permit shall be based on 1 hour.

2. A minimum inspection fee of 3 hours at the hourly rate, or a fee calculated using the following inspection fees, whichever is greater, shall be applied to the proposed facilities to be ins talled within the City right -of-way. The fee shall be paid prior to issuance of a permit for the installation or construction of any of the items installed in the City right-of-way.

INSPECTION FEES:

See Attachment A

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AGENDA ITEM NO. 9.

HOURLY CHARGES FOR REINSPECTION/RETEST AND OVERTIME:

Inspector Based on the Hourly Rate
Inspector (overtime) 1.5 times the Hourly Rate, two hour minimum Other City Staff Based on the Hourly Rate

COMMUNITY INVESTMENT PROGRAM FEES:

Staff charges to the Community Investment Program will be billed at the established Hourly Rate.

SUBDIVISION PLAN CHECKING, TESTING, AND INSPECTION FEES:

Each person submitting a parcel map or a subdivision map to the City shall pay to the City, prior to submission of final subdivision or parcel map for approval, a fee for the checking of improvement plans associated with conditions of approval, testing, and inspecting all proposed improvements within the public right-of-way as follows:

 On the first $10,000.00 of the estimated cost of improvements: 7%  On the next $490,000.00 of the estimated cost of improvements: 3.75%  On the estimated cost of improvements in excess of the $500,000: 2%

Said fees established by Section shall be based upon final cost estimates approved by the City Engineer and shall include all improvements as required under the conditions of approval for the entitlement, adjustment in or refund of such fees shall be made once fees have been paid; except when an entitlement is withdrawn or a reversion to acreage map is recorded, the unexpended portion of the required fee may be refunded upon written request made by the payer of said fees to the City Engineer.

OTHER ENTITLEMENT PLAN CHECK FEES
Each person submitting an entitlement other than a parcel map or a subdivision map to the City shall pay to the City, prior to submission of improvement plans for approval, a fee at the Hourly Rate based on 10 hours plus 11 hours per gross acre of development for the checking of all proposed improv ement plans associated with conditions of approval within the public rig ht-of-way. For entitlements with minimal conditioned work, the fee shall be based on 4 hours at the Hourly Rate.

INITIAL SUBMITTAL FEES:

The initial submittal of all tract map and parcel map reviews shall include a non-refundable payment for services to be rendered as follows:
 For each initial submittal of parcel maps with minima l off-site improvements: 1.5 hours
 For each initial submittal of parcel maps with significant off-site improvements: 12 hours
 For each initial submittal of tract maps: 30 hours

142
AGENDA ITEM NO. 9.

The initial submittal of all entitlements other than tract map and parcel map reviews shall include a non-refund able payment for services to be rendered as follows:
 For e ach initial submittal: either 20 hours or 10 hours plus 11 hours per gross acres, whichever is less.
 For each initial submittal of entitlements with minimal conditioned work: 4 hours

Said fees for this section shall be considered part of the fees calculated in Paragr aphs 2 or 3 above. This initial payment shall be credited against the total plan check and/or inspection fee for the project with the balance due paid prior to final map or improvement plan approval.

The above said plan review fee shall include four (4) submittals of the plans and preparation of all standard agreements (as indicated below). All additional submittals and preparation of non-standard agreements shall be subject to additional review fees of per hour or fractions thereof based on the Hourly Rate. Overtime fees will be 1.5 times the Hourly Rate per hour or fractions thereof with a two-hour minimum.

Standard Agreements shall consist of the following:
 Subdivision and Parcel Map Agreement (a draft and one revision)  Landscape Maintenance District Covenants

Non-Standard Agreements consist of the following:
 Deferment Agreements (includes fees and improvements)  Perpetual Maintenance Agreements
 Escrow Instructions
 Special Research Requests
 Reciprocal Access/Maintenance Agreements
 Solid Waste and/or Temporary Turnaround Covenants
 Deeds, Easements and Irrevocable Offers of Dedication  Right of Entry
 Partial Reconveyances
 Temporary Basin Maintenance Covenants
 Legal Descriptions for Street and Utility Deeds

BE IT FURTHER RESOLVED that the provisions of thi s Resolution shall not in any way affect provisions for fees or charges in any other Resolution or Ordinance of the City of Clovis.

* * * * *

143
AGENDA ITEM NO. 9.

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 8, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 8, 2023

Mayor City Clerk

144
AGENDA ITEM NO. 9.

Unit
LS

DEVELOPER APPLICATION FEE LS
EA
EA
DAY
LF
LF
SF
SF
SF
SY
EA
EA
EA
EA
EA
LF
EA
WATER TIE-IN, 1"-3" EA
WATER TIE-IN, 4"-6" EA
WATER TIE-IN, 8" AND LARGER EA
EA
LF

WATER METER EA
EA
EA
LF
EA
EA
EA
SF
EA

WELO INSPECTION EA
HR
NOTE:
* includes a $20 Energov Fee
INSPECTION FEES 2023-2024
FIBER UTILITY PROCESSING FEE (1-3 hrs.) $145.00
0 STORM DRAIN MAIN
0 0

SIDEWALK DRAINS
$0.00
$0.00
$145.00 $0.00

WATER SERVICE HOT TAP
0 $0.12

BLOW-OFF

WATER FACILITIES

MANHOLE

FIRE HYDRANT
$97.00

WATER MAIN / SERVICE LINE
0 $0.00
$0.00
$0.00
0 $0.00
$0.00

TOTAL FEES
1 Processing Fee Waver $179.000
Credit $0.00

SUB TOTAL OF FEES
$0.00
PUBLIC IRRIGATION (per each component)

LANDSCAPE FACILITIES
0 $0.00

PUBLIC LANDSCAPE
$72.50
$0.00
$0.00
$97.00MANHOLE
0 DRAIN INLETS $97.00
0 0
0 DRAINAGE FACILITIES
0 0
0 0
$0.00
$2.90 $0.00
$0.00
$0.00
$0.00
$97.00
$97.00
$172.50
$2.90
$97.00
$345.00
$690.00 $0.00
0 $0.00
$0.00
$0.00
$725.00
$45.90
$97.00
$0.00

DRIVE APPROACH

A/C PAVEMENT / TRENCH REPAIR

TRAFFIC MARKING / SIGNING
$0.00

SEWER MAIN
0 TRAFFIC CONTROL / LANE CLOSURE
TRAFFIC CONTROL / DETOUR 0

SEWER FACILITIES

SEWER LATERAL
0 0
0 $36.25
$2.20
$0.00
$0.00
0 $2.90
RE-INSPECTION FEE (per occurrence)

WORKING IN R-O-W WITHOUT PERMIT

CURB / CURB AND GUTTER

VALLEY GUTTER

MISC CONCRETE

SIDEWALK
$0.00
0 $290.00

STREET LIGHTS
0 $0.75
0 $0.000
0 $1.45 $0.00
$0.75
$0.00
$145.00 $0.00
$0.00
$0.75
Quantity Unit Price Total Fee
0 $0.00$2.90
0 $145.00 $0.00
0 $0.00

MINIMUM INSPECTION FEE
Fee description

STREET WORK
0 0
PERMIT PROCESSING FEE *
$0.00
$0.00
$217.50 $0.00
$435.00
0 $237.50 $0.00
0 $500.00

ATTACHMENT A
145
AGENDA ITEM NO. 9.

Attachment 2

RESOLUTION 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING THE 2023 CITY OF CLOVIS PLANNING DIVISION FEE SCHEDULE AND FINDING THE

PROJECT EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER
SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

GUIDELINES

WHEREAS, the City of Clovis Planning Division is proposing an update to the 20 22 Planning Division Fee Schedule; and

WHEREAS, the update to the Fee Schedule is based primarily on the Consumer Price Index (CPI) for All Urban Consumers, including utilizing the average of the last five (5) years of the Consumer Price Index (CPI) percentage changes to arrive at a total increase of 3.81% to cover the increased costs to the City of providing the applicable services; and

WHEREAS, certain exceptions to the 3.81% increase are included where the fee is based on the hourly rate; and

WHEREAS, the hourly rate is proposed to increase from the current rate of $1 40 to $145 to cover the increased costs to the City of providing the applicable services; and

WHEREAS, the “per acre, per building permit, per sign, per unit, and per lot” fees are not being proposed to change; and

WHEREAS, the City published a Notice of the City Council Public Hearing for May 8, 2023, to consider the 2023 City of Clovis Planning Division fee schedule in the Business Journal ten days prior to said hearing; and

WHEREAS, on May 8, 2023, the City Council considered testimony and information received at the public hearing and the oral and written reports from City staff, as well as other documents contained in the record of proceedings relating to the 2023 City of Clovis Planning Division fee schedule , which are maintained at the offices of the City of Clovis Department of Planning and Development Services; and

WHEREAS, the City Council has reviewed and considered the staff report and all written materials submitted in connection with the request and hearing and considering the testimony presented during the public hearing; and

146
AGENDA ITEM NO. 9.

WHEREAS, the proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and, based upon the Public Resources Code Section 15061 (b)(3) , there is no substantial evidence that the project will have a significant effect on the environment, therefore, is exempt from CEQA.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis Council approves the 2023 City of Clovis Planning Division fee schedule per Attachment A hereto and finds the fees set forth therein to be necessary to cover the increased costs to the City of providing the applicable services.

* * * * *

The foregoing resolution was introd uced and adopted at a regular meeting of the City Council of the City of Clovis held on May 8, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________ ______________________________ Mayor City Clerk

147
AGENDA ITEM NO. 9.
$13,560
$23,633
$23,633
$7,496
$4,788
$325
$675Sign Review (Subdivision)
Sign Review Amendment 1/2 base fee
Sidewalk Permit (Contact the Economic Development Department for more information) $70

RESIDENTIAL SITE PLAN REVIEW
Residential Site Plan Review, Single Family Residential, Subdivision Residential Site Plan Review, Single Family Residential Amendments, Individual Lot $910 + 60/ Building Permit
+ $20/Sign
+ $20/Sign
Rear Yard Encroachment Permit $228
Staff Research & Document Preparation (Deferment Agreements, Zoning Confirmations, etc) $145/hr (1 Hr. Min.)

MISCELANEOUS
Adult Oriented Business Permit $8,068

SIGN REVIEW
Sign Review
Determination of Use $4,710
Redistribution Fee (Within the commenting period) $145
Redistribution Fee (After the commenting period) $364
+ $119/Acre
+ $119/Acre
NEPA Compliance Actual Cost

HOME OCCUPATION PERMIT
Small Home Occupation Permit $145
Large Home Occupation Permit $250
Categorical Exemption $1,119
Negative Declaration $4,241
Mitigated Negative Declaration $5,205
City of Clovis Planning Division

FEE SCHEDULE
Effective Date: July __, 2023 (Adopted on May __, 2023 by City Council Resolution 23-__ )

ENTITLEMENT F EE

AMENDMENTS

ABANDONMENT
Abandonment (Summary) $1,067
Abandonment of Right-of-Way $1,691
+ $55/AcreGeneral Plan Amendment
Ordinance Amendment $6,246
Appeal requiring a City Council Hearing $1,691
Appeal requiring a Planning Commission Hearing $3,201

ENVIRONMENTAL ASSESSMENT
Not part of any other application (The normal cost of environmental assessments, except EIRs is included in the various application fees) EIR or EA by Consultant hired by the City Cost + 15% ($10,000 Initial Deposit) ANNEXATION/ REORGANIZATION Does not include LAFCo Fees
Annexation/ Reorganization
Agricultural Preserve Annexation (In addition to Annexation Fee)

APPEALS
Sphere of Influence Expansion + $119/Acre
The following are the fees to be paid when filing an application with the City of Clovis Planning Division. The fee must accompany the application. Once an application is accepted, refunds and/or withdrawals shall be processed in accordance with Development Code Section 9.50.070.

ATTACHMENT A
148
AGENDA ITEM NO. 9.
$5,959
$10,072
$4,294
$5,960
$10,072
$4,294
$5,959
$2,238
$2,160
$11,530
$14,028
$3,227
$10,540
$10,540
$13,586
$13,586
$15,408
$15,408
$18,635
Master Plan Community Overlay District Amendments- Minor Amendment $1,404 Master Plan Community Overlay District Amendments- Major Amendment 1/2 Base Fee Planned Commercial Center (PCC) Rezone, Amendments/ Amendments to Conditions 1/2 Base Fee Mixed Use Zone
Master Plan Community Overlay District
+ $55/Acre
+ $55/Acre
ZONING
Single Family Rezone/ Prezone
Rezone/ Prezone other than Single Family & PCC
Planned Commercial Center (PCC) Rezone/ Prezone
All Other Variances $7,860
Minor Deviation $858
Minor Adjustment- Signs $1,040
+ $55/Acre
+ $55/Acre
+ $55/Acre
Conditional Use Permit, Amendment $6,168
Temporary Use Permit $494

VARIANCE
Single Family Residential $5,153
Office & Business Campus PUD
Planned Development Permit (Residential and Non-Residential) + $35/Lot or Unit
+ $35/Lot or Unit
Conditional Use Permit, Extension $2,602

USE PERMITS
Administrative Use Permit $1,717
Conditional Use Permit $7,990
Conditional Use Permit, requiring City Council Hearing $9,760 Final Tract Map
Tentative Tract Map- Amendment/ Amendment to Conditions 1/2 Base Fee Refiling of an Expired Tentative Tract Map
(Request can incorporate no changes to the approved
map and must be filed within 6 months of expiration) 1/2 Established Fee + $30/Lot or Unit
Final Parcel Maps
Tentative Tract Map, Planning Commission
Tentative Tract Map, Planning Commission & City Council

SUBDIVISIONS
Lot Line Adjustment- Minor (Involves one lot line) $1,145 Lot Line Adjustment- Major (Involves multiple lot lines) $1,613 Tentative Parcel Maps $7,131
+ $55/Lot or Unit
+ $55/Lot or Unit
+ $55/Lot or Unit
SB9 - Tentative Parcel Maps $6,350
SB9 - Final Parcel Maps + $55/Lot or Unit
Site Plan Review, Multifamily Residential (Requiring Planning Commission hearing) Site Plan Review, Amendment 1/2 Established Fee
Site Plan Review, Exterior Amendment/ Amendments to Conditions $1,404

SITE PLAN REVIEW
Site Plan Review, Non-Residential
Site Plan Review, Non-Residential (Requiring Planning Commission hearing) Site Plan Review, 1-4 Multifamily Units
+ $119/Acre
+ $119/Acre
+ $55/Unit
+ $55/Unit
Site Plan Review, Multifamily Residential 5+ Units + $55/Unit MULTIFAMILY DESIGN REVIEW (Objective Standards)
Multifamily Residential Design Review (1-4 Multifamily Units) Multifamily Residential Design Review (5+ Multifamily Units) Multifamily Design Review Amendment
+ $55/Unit
+ $55/Unit
1/2 Established Fee
Planning and Development Services - Planning Division
1033 Fifth Street, Clovis CA
559-324-2340
https://cityofclovis.com/planning-and-development/planning/applications-and-fees/ 149
AGENDA ITEM NO. 9.

Attachment 3
ORDINANCE 23-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING SECTION 8.1.01.1 OF CHAPTER 8.1 OF TITLE 8 RELATING TO AMENDMENTS TO THE UNIFORM ADMINISTRATIVE CODE TO ADD FEE TABLE S-1

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

Section 1: Amendment to the Permit fees of Chapter 8.1 of Title 8 of the Clovis Municipal Code. Section 8.1.01.1, subsection (c) of Chapter 8.1 of Title 8 of the Clovis Municipal Code is amended to read as follows:

(c) The first paragraph of Section 304.2, Permit Fees, is amended to read as follows:
304.2 Permit Fees. The fee for each permit shall be as set forth in Tables B-1, E-1, M-1, P-1, S-1, and 3-G and 3-H, adopted by Ordinance and on file with the building official. The fees and fee calculation methodologies set forth in these Tables shall prevail over any conflicting fees or fee calculation methodologies set forth in any other adopted uniform code. Where a technical code has been adopted by the jurisdiction for which no fee schedule is shown in this code, the fee required shall be in accordance with the schedule established by the legislative body.

Section 2: Adoption of Table S-1.

Table S -1 referenced in Clovis Municipal Code Section 8.1.01.1(c) as amended herein is attached hereto and hereby adopted to be effective upon the effective date of this Ordinance.

Section 3: Severability Clause.

If any section, subsection, sentence, clause , or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Clovis hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause , or phrase thereof, irrespective of the fact any one or more sections, subsections, clauses, or phrases be declared invalid.

SECTION 4: Notification to California Building Standards Commission of Local Amendments.

The City Clerk is hereby directed to file a copy of this Ordinance with the California Building Standards Commission of the State of California.

150
AGENDA ITEM NO. 9.

SECTION 5: Effective Date.

This Ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage and adoption. Within fifteen (15) days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.

APPROVED: May 8, 2023

______________________________ ______________________________ Mayor City Clerk

* * * * * * * * * *

The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on May 8, 2023, and was adopted at a regular meeting of said Council held on May 15, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 15, 2023

________________________________
City Clerk
151
AGENDA ITEM NO. 9.

Exhibit S-1
Electrical Table S-1 Fixed
Qty. Number Description Rate
3000 Permit Issuance (per permit) 38.00
3005 Information Maintenance Service (IMS) (per permit) 20.00 3020 Solar Permit Issuance (one per permit)
15 kW or Less 392.00
Over 15 kW to a maximum of 16 kW 442.00
Over 16 kW to a maximum of 17 kW 457.00
Over 17 kW to a maximum of 18 kW 472.00
Over 18 kW to a maximum of 19 kW 487.00
Over 19 kW to a maximum of 20 kW 502.00
Over 20 kW to a maximum of 21 kW 517.00
Over 21 kW to a maximum of 22 kW 532.00
Over 22 kW to a maximum of 23 kW 547.00
Over 23 kW to a maximum of 24 kW 562.00
Over 24 kW to a maximum of 25 kW 577.00
Over 25 kW to a maximum of 26 kW 592.00
Over 26 kW to a maximum of 27 kW 607.00
Over 27 kW to a maximum of 28 kW 622.00
Over 28 kW to a maximum of 29 kW 637.00
Over 29 kW to a maximum of 30 kW 652.00
Over 30 kW to a maximum of 31 kW 667.00
Over 31 kW to a maximum of 32 kW 682.00
Over 32 kW to a maximum of 33 kW 697.00
Over 33 kW to a maximum of 34 kW 712.00
Over 34 kW to a maximum of 35 kW 727.00
Over 35 kW to a maximum of 36 kW 742.00
Over 36 kW to a maximum of 37 kW 757.00
Over 37 kW to a maximum of 38 kW 772.00
Over 38 kW to a maximum of 38.4 kW 787.00
Total permit fee is the sum of 3000, 3005, 3020
ATTACHMENT 4
152
AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 8, 2023
SUBJECT: Consider Approval – Res. 23 -___, A resolution revising the Master Development Fee Schedule and Providing a Description of Fees to be Requested for County Adoption.

Staff: Sean Smith, Supervising Civil Engineer
Recommendation: Approve

ATTACHMENTS: 1. Res. 23-__, Revising Master Development Fee Schedule

2. Master Development Fee Schedule 23-24

3. Fee Comparisons 23-24

4. Nexus Sheets for Development Impact Fees

RECOMMENDATION
For the City Council to approve Res. 23 -___, revising the Master Development Fee Schedule and providing a description of fees to be requested for County Adoption.

EXECUTIVE SUMMARY
Staff proposes an update to the Development Impact Fees (DIF) in accordance with applicable provisions of the municipal code, which authorizes an annual adjustment to reflect actual construction and acquisition costs based on ma rket conditions. The municipal code also authorizes an annual adjustment based on the Construction Cost Index (CCI) for California Cities, but staff is proposing to use the market -based actual cost method based on Council’s direction at last year’s fee update hearing and the substantial local volatility of construction costs.

For reference, the average CCI between the Los Angeles and San Francisco areas for calendar year 2022 is +4.6%.

The most significant increases within the DIF program are being proposed within the Sewer and Water categories. The overall increase in Development Impact Fees to a development project 153
AGENDA ITEM NO. 10.
is dependent upon the land use and the location of the project within the City. The overall increases range from 12% to 23%.

No increase is proposed for the Water Supply Fee as it was re -established and approved by Council in March 2020 based on the current fixed costs to acquire 7,000 acre -feet of water per year.

Administrative fee rates are based on a percentage of certain DI Fs and have been evaluated and found to be adequate and do not need to be updated with this DIF update.

BACKGROUND
The comprehensive fee evaluation based on the market conditions requires staff to analyze current construction costs, and to re-evaluate, quantify, and estimate the remaining planned City infrastructure needed for the estimated growth, update the DIF fund balances, and review market trends.

Last year Council limited the increases to the Sewer, Water and Street categories in consideration of the uncertainty in the projected market and inflation. There was an understanding that the substantial inflation in construction cost represented a spike and that costs would normalize and possibly come back down over the following year. However, this year’s comprehensive review and fee evaluation shows a continued increase in inflation, labor, and material costs since the last update. There is some opinion in the development and construction industry of some cost reductions going forward. However, those same opinions proved incorrect over the past year. Staff believes, even if inflation slows, costs are not likely to decline appreciably and will certainly not return to pre-inflation (2021) levels over the next year.

Limiting the necessary DIF increases based o n assumptions of construction costs decreasing over the next year, as was done last year, is likely to result in widening the gap between the funds needed to build the infrastructure associated with the estimated growth and the funds collected to build the necessary infrastructure.

The municipal code provides for an annual update of the DIF program either through a comprehensive market-based review and evaluation of the fee rates or through an adjustment based on the average CCI between the Los Angeles and San Francisco areas for the twelve (12) month period ending the prior December.

Regular annual review, evaluation, and adjustments to DIFs are needed to keep pace with construction cost fluctuations and ensure that infrastructure associated with growth i s fully funded. The CCI provides an appropriate alternative measurement of construction cost fluctuations and serves as a good basis for adjusting the fees between major cost reevaluations.

In turn, these adjustments ensure timely reimbursements to developers who install infrastructure that is beyond their fair share.

Overall Results
The rate revisions will result in an increase in overall Development Impact Fees to a development project that ranges from 12% to 23% depending on land use and location.

154
AGENDA ITEM NO. 10.

Stakeholder Outreach
A series of emails was provided to a group of over 130 stakeholders describing the proposed increases and all were offered the opportunity to meet in person with staff to discuss the proposed increases to the fees. Four meetings were held, and they occurred weekly, with one the last week of March and the others occurring the first three weeks of April. The stakeholders included the Building Industry Association (BIA), Fresno Metropolitan Flood Control District (FMFCD), the Clovis Unified Sc hool District, and several local residential and non -residential developers. Several separate meetings were also held with smaller stakeholder groups upon request. The stakeholder meetings lead to the refining of several fees, including Sewer, Water and Fire.

As of the time of this staff report, no correspondence had been received from the stakeholders.

The BIA indicated they would be providing correspondence that includes their suggested alternative but it had not been received.

Mitigation Fee Act (Government Code, Sections 66000 – 66024) Section 66001 of the Government Code requires that the City shall do all of the following at the time that it establishes, increases or imposes a fee as a condition of approval of a development project:

1. Identify the purpose of the fee.

2. Identify the use to which the fee is to be put (identify the public facilities to be constructed).

3. Determine how there is a reasonable relationship (nexus) between the fees and the type of development project on which the fee is imposed.

4. Determine how there is a reasonable relationship (nexus) between the need for the public facility and the type of development project on which the fee is imposed.

Items 1 and 2 are clearly ide ntified in various provisions of the municipal code for ea ch fee.

Items 3 and 4 are met through multiple actions taken by the City Council such as:

1. The General Plan

2. Specific Plans

3. Master Plans for Sewer, Water, Recycled Water, etc.

4. The method by which fee rates are established which evaluates the cost of improvements identified in the various adopted plans and distributes that cost among the developable properties within the respective service areas in rough proportion to their impact on, or need for, the public facilities.

AB602 (Government Code, Section 66016.5(a)(5)
AB602 established new requirements beginning in 2022 for agencies implementing Development Impact Fee programs to base residential impact fees on the square footage of the proposed residential units or make specific findings to explain why other metrics are 155
AGENDA ITEM NO. 10.
appropriate. To comply with AB602, staff evaluated and compared the current metrics used for imposing DIFs with the proposed square foot metric, and staff has determined the effectiveness and appropriateness of the current metrics for imposing DIFs by the City is established with decades of data and results. Staff worked with the City Attorney’s Office to provide Council with the necessary findings to justify continued use of the current City metrics of imposing DIFs (Fees based on acreage or d welling units) rather than an untested, unproven, and speculative metric based on residential square footage. These findings are included in Appendix A of the Nexus Sheets, Attachment 4 and are included as part of the Resolution for approving the updated fee schedule.

County Developments
The Memorandum of Understanding between the City of Clovis and the County of Fresno (MOU) includes a provision for county developments within the Clovis Sphere of Influence, as follows:

“CITY development fees shall be cha rged for any discretionary development applications to be approved by the COUNTY within t he CITY’s sphere of influence. To establish or amend CITY development fees, CITY shall conduct a public hearing and notify property owners in accordance with State Law. At the conclusion of that hearing, CITY shall adopt a resolution describing the type, amount, and purpose of CITY fees to be requested for COUNTY adoption.”

“CITY shall transmit the adopted resolution to the COUNTY for its adoption of the fees.

CITY shall include a draft ordinance for COUNTY’s adoption with appropriate supporting documentation or findings by the CITY demonstrating that the fees comply with Section 66000 of the Government Code and other applicable State Law requirements. …”

The resolutio n under consideration includes a statement of finding that the fees are in compliance with the Government Code and describes the type, amount and purpose of the fees by reference to the Master Development Fee Schedule and the Municipal Code. This resolution and a draft ordinance will be transmitted to the County of Fresno for adoption upon approval by council.

FISCAL IMPACT
The increases to the fee rates will provide funding commensurate with current land acquisition and construction costs for the public facilities needed to serve new development.

REASON FOR RECOMMENDATION
The findings for AB602 to justify continued use of the City’s current method of imposing DIFs can be made as staff’s analysis indicates that the City’s metrics are the most appropriate for the basis of imposing residential impact fees rather than the square footage of proposed residential units.

156
AGENDA ITEM NO. 10.

The Municipal Code requires annual review and adjustment of the fees based on actual land acquisition and construction costs or the percentage increase or decrease in the Engineering News Record Index for the California Cities for the twelve (12) month period ending the prior December.

ACTIONS FOLLOWING APPROVAL

1. Staff will notify the development community and implement the new fee rates 60 days after approval of the resolution.

2. Staff will proceed with getting the fees adopted by the Fresno County Board of Supervisors.

Prepared by: Sean Smith, Supervising Civil Engineer

Reviewed by: City Manager JH
157
AGENDA ITEM NO. 10.

Attachment 1
RESOLUTION 23-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS REVISING THE

MASTER DEVELOPMENT FEE SCHEDULE AND PROVIDING A DESCRIPTION OF FEES

TO BE REQUESTED FOR COUNTY ADOPTION

WHEREAS, the State of California has enacted Section 66000 et seq. of the Government Code (“Mitigation Fee Act”) which allows the City to collect development impact fees; and

WHEREAS, the City has duly adopted various development impact fees in accordance with applicable provisions of the Mitigation Fee Act, and such fees are described in applicable provisions of the Clovis Municipal Code; and

WHEREAS, Chapter 3.10 of the Clovis Municipal Code, adopted in accordance with the Mitigation Fee Act, requires the City’s Development Impact Fees to be annually reviewed and adjusted by one of the following methods: (1) automatically adjusted each fiscal, effective July 1, by the percentage equal (increase or decrease) to the Engineering News -Record Index for the California Cities for the twelve (12) month period ending the prior December, or (2) adjusted to reflect actual construction/acquisition costs; and

WHEREAS, Clovis Municipal Code section 3.10.02 provides that any annual increase to Development Impact Fees by one of the authorized methods is not deemed an increase to the fees subject to the Mitigation Fee Act, and any adjusted fees shall be subject to City Council review and approval by resolution and shall be included in the City’s Master Development Fee Schedule; and

WHEREAS, the State of California recently enacted Section 66016.5(a)(5) of the Government Code, which is one of the changes resulting from AB 602, which requires a new nexus study for development impact fees after July 1, 2022, to calculate the fees im posed on a housing development project proportionately to the square footage of proposed units, but also authorizes the fees to be calculated and imposed without complying with the square footage metric if certain findings are made; and

WHEREAS, City staff has performed the annual review of development impact fees, conducted the required nexus analysis, and prepared the nexus report for the City’s fiscal year 2023-2024 Development Impact Fees, including the necessary findings required by Government Code section 66016.5(a)(5)(B) for using an alternative basis for calculating fees rather than the inappropriate square footage metric of calculating fees, which nexus report and findings are incorporated herein by this reference, and recommends the City Council approve 158
AGENDA ITEM NO. 10.
the nexus report and findings, and approve an adjustment to the fee rates based on current actual construction costs as authorized by Clovis Municipal Code section 3.10.02(b); and

WHEREAS, the applicable first amendment to the memorandum of understanding between the County of Fresno and the City of Clovis (MOU) requires that the City adopt a resolution describing the type, amount, and purpose of City development impact fees to be requested for County adoption, and

WHEREAS, the MOU further requires the City make findings demonstrating that the fees comply with applicable provisions of the Mitigation Fee Act and State law.

WHEREAS, the City Council conducted a duly noticed public hearing on the proposed adjustment to the City’s Development Impact Fees at the regular City Council meeting on May 8, 2023, and considered the staff report, including all attachments to the staff report, the presentation from staff during the meeting, and all oral and written comments and materials provided at the meeting.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLOVIS HEREBY FINDS AND RESOLVES AS FOLLOWS:

1. The referenced and incorporated Nexus Report for Development Impact Fees Fiscal Year 2023-2024, including the Findings in Support of the Cont inuation of City Policies to Calculate and Impose Residential Development Impact Fees on a Per Unit or Per Acre Basis, is hereby approved.

2. The referenced and incorporated Findings in Support of the Continuation of City Policies to Calculate and Impose Residential Development Impact Fees on a Per Unit or Per Acre Basis includes an adequate discussion and justification as required by Government Code section 66016.5(a)(5)(B), including but not limited to: (i) a n explanation as to why square footage is not an appropriate metric to calculate fees imposed on a housing development project, (ii) an explanation that an alternative basis of calculating the fee bears a reasonable relationship between the fee charged and the burden posed by the development, and (ii) that other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees.

3. City staff’s annual review of and proposed adjustment to the City’s Development Impact Fees is in accordance with Chapter 3.10 of the Clovis Municipal Code and applicable provisions of the Mitigation Fee Act, and the Master Development Fee Schedule for charges therein provided and attached hereto as Exhibit “A”, is hereby approved, and any adjusted fee ra tes shall be effective beginning sixty (60) days following approval of this Resolution.

4. This Resolution is effective immediately and shall continue in force unless amended or repealed by the City Council.

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AGENDA ITEM NO. 10.

5. The types, amounts, and purposes of the fees to be adopted by the County of Fresno are described on the Master Development Fee Schedule (Exhibit “A” attached hereto) and in the Clovis Municipal Code, and the City Council of the City of Clovis does hereby f ind that the fees are in compliance with applicable state laws including without limitation the Mitigation Fee Act including Government Code Sections 66000, et seq.

* * * * *

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

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 8, 2023

______________________________ ______________________________ Mayor City Clerk

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AGENDA ITEM NO. 10.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

FULL IMPLEMENTATION
Effective July 10, 2023
Residential (Units per Acre) Water oversize Residential 2.0 or less $13,871 per unit All Areas except RT Ph 1,2 $2,543 per gross acre Residential 2.1 to 2.5 $13,871 per unit RT Park Phase 1, 2 $275 per gross acre Residential 2.6 to 3.0 $13,871 per unit Residential 3.1 to 3.5 $13,871 per unit Water front footage Residential 3.6 to 4.0 $13,871 per unit All Areas except RT Ph 1,2 $43.70 per linear foot Residential 4.1 to 4.5 $13,871 per unit RT Park Phase 1, 2 $0 Residential 4.6 to 5.0 $11,774 per unit Residential 5.1 to 5.5 $9,677 per unit Non-Potable Water System $3,941 per gross acre Residential 5.6 to 6.0 $9,457 per unit Residential 6.1 to 6.5 $9,237 per unit Residential 6.6 to 7.0 $9,017 per unit Water meter:

Residential 7.1 to 7.5 $8,797 per unit 3/4" $348 each Residential 7.6 to 8.0 $8,577 per unit 1" $435 each Residential 8.1 to 8.5 $8,357 per unit 1 1/2" (residential only) $737 each Residential 8.6 to 9.0 $8,137 per unit 2" (residential only) $940 each Residential 9.1 to 9.5 $7,917 per unit 1 1/2" (landscape) $946 each Residential 9.6 to 10.0 $7,697 per unit 2" (landscape) $1,080 each Residential 10.1 to 10.5 $7,477 per unit 3" (landscape) $1,520 each Residential 10.6 to 11.0 $7,257 per unit 4" (landscape) $2,523 each Residential 11.1 to 11.5 $7,170 per unit 6" (landscape) $4,559 each Residential 11.6 to 12.0 $7,083 per unit 1 1/2" (MFR & Non-res) $1,277 each Residential 12.1 to 12.5 $6,996 per unit 2" (MFR & Non-res) $1,449 each Residential 12.6 to 13.0 $6,909 per unit 3" (MFR & Non-res) $1,991 each Residential 13.1 to 13.5 $6,822 per unit 4" (MFR & Non-res) $3,120 each Residential 13.6 to 14.0 $6,735 per unit 6" (MFR & Non-res) $5,438 each Residential 14.1 to 14.5 $6,648 per unit Residential 14.6 to 15.0 $6,561 per unit Transceiver Fee $170 each Residential 15.1 to 15.5 $6,474 6474
Residential 15.6 to 16.0 $6,387 per unit Water service w/meter:

Residential 16.1 to 16.5 $6,300 per unit 3/4" $6,485 each Residential 16.6 to 17.0 $6,213 per unit 1" $6,572 each Residential 17.1 to 17.5 $6,126 per unit 1 1/2" $7,522 each Residential 17.6 to 18.0 $6,039 per unit 2" $8,166 each Residential 18.1 to 18.5 $5,952 per unit Residential 18.6 to 19.0 $5,865 per unit Residential 19.1 to 19.5 $5,778 per unit Residential 19.6 to 20.0 $5,685 per unit Commercial Retail $6.94 per bldg sf
Professional Office $6.94 per bldg sf
Industrial $1.86 per bldg sf
Schools $14,515 per gross acre
Public Facilities $3.76 per bldg sf
FMFCD Basins $101,604.00 per gross acre
Assisted Living $6.58 per bldg sf
Water Major Facilities Water
Water Service
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AGENDA ITEM NO. 10.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

FULL IMPLEMENTATION
Effective July 10, 2023
Sewer Major Facilities Undergrounding administration fee 1.50% of UG fees Single Family Residential $9,584 per unit
Multi-Family Residential $7,763 per unit Street administration fee 1.50% of street fees Commercial Retail $5.75 per bldg sf
Professional Office $4.89 per bldg sf Administration fee 1.50% of fees Industrial $2.68 per bldg sf
Assisted Living $9,584 per EDU Fire Department Fee (Growth Areas) *Other $9,584 per EDU Outside Core Area $2,075 per unit All Projects in Core Area (Page 7) $0 Core Area $0
Sewer oversize Police Department Fee
All Areas except RT Ph 1,2 $1,114 per gross acre Growth Areas $1,457 per unit RT Park Phase 1, 2 $0 Core Area $0
Sewer front footage Special Area Annexation Fee $0 per gross acre All Areas except RT Ph 1,2 $32.05 per linear foot
RT Park Phase 1, 2 $0
Sewer house branch connection Loma Vista Community Centers 4" lateral $136.00 per linear foot Master Plan Zone District Program Fee $1,591 per net acre 6" lateral $138.00 per linear foot
*Other includes hospitals, churches, hotels, motels, schools Library Facilities Impact Fee *** Single family lot $760 per unit
Parks Multi-family, assisted living/group homes $621 per unit Park Acquisition and Development:

All Residential $5,662 per unit
Retail $0.69 per bldg. sf. Utility Undergrounding fee
Office $1.50 per bldg. sf. Underground Area 1 $8,400 per gross acre Industrial $0.49 per bldg. sf. RT Park Phase 1, 2 $2,797 per gross acre All projects in core area (Page 7) $0 Underground Area 2 $0 per gross acre Underground Area 3 $8,003 per gross acre
Refuse Underground Area 4 $7,823 per gross acre Community sanitation fee
Single family lot $509 per unit
Multi-family, non-residential $412 per unit
Neighborhood Park Deposit
Street Area 4 (Loma Vista Specific Plan) $5,643 per unit Sewer Admin., Public Facilities, Misc.

Utility Undergrounding
Neighborhood Park Deposit
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AGENDA ITEM NO. 10.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

FULL IMPLEMENTATION
Effective July 10, 2023
Basis of Charge Outside Travel Lane Center Travel Lan e Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $7,968 $2,062 $860 $78 $0 $10,968 SFR - Very Low Density (0.6 - 2) per unit $7,968 $2,062 $859 $78 $0 $10,967 SFR - Low Density (2.1 - 4) per unit $7,968 $2,062 $860 $78 $0 $10,968 SFR - Medium Density (4.1 - 7) per unit $7,968 $2,062 $859 $78 $0 $10,967 MFR - Medium High Density (7.1 - 15) per unit $4,781 $1,237 $516 $47 $0 $6,581 MFR - High (15.1 - 25) per unit $4,781 $1,237 $516 $47 $0 $6,581 MFR - Very High (25.1 - 43) per unit $4,781 $1,237 $516 $47 $0 $6,581 Retail per 1000 bldg sf $12,575 $3,254 $1,356 $122 $0 $17,307 Office, Public Facilities per 1000 bldg sf $5,734 $1,484 $619 $56 $0 $7,893 Industrial, Assisted Living per 1000 bldg sf $1,543 $399 $166 $15 $0 $2,123 Schools per 1000 bldg sf $10,060 $2,603 $1,085 $98 $0 $13,846 Churches per 1000 bldg sf $5,734 $1,484 $619 $56 $0 $7,893 Mini Storage per gross acre $20,164 $5,214 $2,169 $196 $0 $27,743 Basis of Charge Outside Travel Lane Center Travel Lan e Traffic Signals Bridges Quadrant Intersections Total
Industrial per 1000 bldg sf $1,256 $222 $121 $0 $0 $1,599 Office per 1000 bldg sf $4,667 $825 $450 $0 $0 $5,942
Basis of Charge Outside Travel Lane Center Travel Lan e Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $412 $0 $105 $0 $0 $517
SFR - Very Low Density (0.6 - 2) per unit $412 $0 $106 $0 $0 $518 SFR - Low Density (2.1 - 4) per unit $412 $0 $106 $0 $0 $518 SFR - Medium Density (4.1 - 7) per unit $412 $0 $106 $0 $0 $518 MFR - Medium High Density (7.1 - 15) per unit $248 $0 $63 $0 $0 $311 MFR - High (15.1 - 25) per unit $248 $0 $63 $0 $0 $311
MFR - Very High (25.1 - 43) per unit $248 $0 $63 $0 $0 $311 Retail per 1000 bldg sf $649 $0 $166 $0 $0 $815
Office, Public Facilities per 1000 bldg sf $296 $0 $76 $0 $0 $372 Industrial, Assisted Living per 1000 bldg sf $79 $0 $21 $0 $0 $100 Schools per 1000 bldg sf $520 $0 $133 $0 $0 $653
Churches per 1000 bldg sf $296 $0 $76 $0 $0 $372
Mini Storage per gross acre $1,040 $0 $270 $0 $0 $1,310 Area 1
Area 1
RT Park Phase 1, 2
Area 2
Street Fees
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AGENDA ITEM NO. 10.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

FULL IMPLEMENTATION
Effective July 10, 2023
Basis of Charge Outside Travel Lane Center Travel Lan e Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $76 $0 $37 $0 $0 $113
SFR - Very Low Density (0.6 - 2) per unit $77 $0 $38 $0 $0 $115 SFR - Low Density (2.1 - 4) per unit $77 $0 $38 $0 $0 $115 SFR - Medium Density (4.1 - 7) per unit $77 $0 $38 $0 $0 $115 MFR - Medium High Density (7.1 - 15) per unit $47 $0 $23 $0 $0 $70 MFR - High (15.1 - 25) per unit $47 $0 $23 $0 $0 $70
MFR - Very High (25.1 - 43) per unit $47 $0 $23 $0 $0 $70 Retail per 1000 bldg sf $122 $0 $60 $0 $0 $182
Office, Public Facilities per 1000 bldg sf $55 $0 $27 $0 $0 $82 Industrial, Assisted Living per 1000 bldg sf $15 $0 $7 $0 $0 $22 Schools per 1000 bldg sf $99 $0 $48 $0 $0 $147
Churches per 1000 bldg sf $55 $0 $27 $0 $0 $82
Mini Storage per gross acre $200 $0 $100 $0 $0 $300
Basis of Charge Outside Travel Lane Center Travel Lan e Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $7,034 $2,482 $586 $686 $0 $10,788 SFR - Very Low Density (0.6 - 2) per unit $7,033 $2,482 $585 $686 $0 $10,786 SFR - Low Density (2.1 - 4) per unit $7,033 $2,483 $585 $687 $0 $10,788 SFR - Medium Density (4.1 - 7) per unit $7,033 $2,482 $585 $687 $0 $10,787 MFR - Medium High Density (7.1 - 15) per unit $4,220 $1,489 $351 $412 $0 $6,472 MFR - High (15.1 - 25) per unit $4,220 $1,489 $351 $412 $0 $6,472 MFR - Very High (25.1 - 43) per unit $4,220 $1,489 $351 $412 $0 $6,472 Retail per 1000 bldg sf $11,100 $3,918 $924 $1,083 $0 $17,025 Office, Public Facilities per 1000 bldg sf $5,062 $1,787 $421 $494 $0 $7,764 Industrial, Assisted Living per 1000 bldg sf $1,362 $481 $113 $133 $0 $2,089 Schools per 1000 bldg sf $8,880 $3,134 $739 $867 $0 $13,620 Churches per 1000 bldg sf $5,062 $1,787 $421 $494 $0 $7,764 Mini Storage per gross acre $17,799 $6,286 $1,477 $1,738 $0 $27,300 Basis of Charge Outside Travel Lane Center Travel Lan e Traffic Signals Bridges Quadrant Intersections Total
SFR - Rural (0 - 0.5) per unit $3,322 $1,710 $378 $214 $0 $5,624 SFR - Very Low Density (0.6 - 2) per unit $3,321 $1,710 $378 $213 $0 $5,622 SFR - Low Density (2.1 - 4) per unit $3,321 $1,710 $378 $213 $0 $5,622 SFR - Medium Density (4.1 - 7) per unit $3,321 $1,710 $377 $213 $0 $5,621 MFR - Medium High Density (7.1 - 15) per unit $1,993 $1,026 $227 $128 $0 $3,374 MFR - High (15.1 - 25) per unit $1,993 $1,026 $227 $128 $0 $3,374 MFR - Very High (25.1 - 43) per unit $1,993 $1,026 $227 $128 $0 $3,374 Retail per 1000 bldg sf $5,242 $2,699 $596 $337 $0 $8,874 Office, Public Facilities per 1000 bldg sf $2,390 $1,231 $272 $154 $0 $4,047 Industrial per 1000 bldg sf $643 $331 $73 $41 $0 $1,088 Schools per 1000 bldg sf $4,194 $2,159 $477 $270 $0 $7,100 Churches per 1000 bldg sf $2,390 $1,231 $272 $154 $0 $4,047 Mini Storage per gross acre $8,403 $4,326 $954 $536 $0 $14,219 Area 3
Street Fees
Area 4
Area 5
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AGENDA ITEM NO. 10.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE

FULL IMPLEMENTATION
Effective July 10, 2023
Sewer oversize mains Water oversize mains:
10" $9.25 per linear foot 12" main $45.65 per linear foot 12" $23.05 per linear foot 14" main $77.55 per linear foot 15" $53.40 per linear foot 16" main $117.60 per linear foot 18" $90.90 per linear foot 18" main $151.05 per linear foot 21" $125.30 per linear foot 20" main $198.65 per linear foot 24" main $297.90 per linear foot
Sewer overdepth mains:

Water oversize valves:
8' to 12' in depth 12" valve $1,585.00 each
8" main $9.75 per linear foot 14" valve $4,135.00 each 10" main $12.35 per linear foot 16" valve $5,438.00 each 12" main $12.15 per linear foot 18" valve $5,282.00 each 15" main $16.55 per linear foot 20" valve $7,890.00 each 18" main $19.00 per linear foot 24” valve $12,910.00 each 21" main $22.70 per linear foot
12' to 16' in depth
8" main $21.10 per linear foot
10" main $23.60 per linear foot
12" main $23.70 per linear foot
15" main $31.00 per linear foot
18" main $45.15 per linear foot
21" main $47.30 per linear foot
Greater than 16' in depth
8" main $27.80 per linear foot
10" main $30.70 per linear foot
12" main $31.00 per linear foot
15" main $46.05 per linear foot
18" main $56.20 per linear foot
21" main $62.15 per linear foot
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AGENDA ITEM NO. 10.

Land Use
Water Supply Fee
*Outside FID
($/gross acre)
Water Supply Fee
Inside FID
($/gross acre)
Rural Residential
(1 DU/2 AC) 16,100 11,320
Very Low Density Residential
(0.6 – 2.0 DU/AC) 16,100 11,320
Low Density Residential
(2.1 – 4.0 DU/AC) 13,880 9,100
Medium Density Residential
(4.1 – 7.0 DU/AC) 12,210 7,440
Medium High Density Residential
(7.1 – 15.0 DU/AC) 18,320 13,540
High Density Residential
(15.1 – 25.0 DU/AC) 26,090 21,310
Very High Density Residential
(25.1 – 43.0 DU/AC) 40,520 35,740
Mixed Use Village 27,750 22,980
Mixed Use/Business Campus 27,750 22,980
Office 14,990 10,210
Industrial 5,550 780
Neighborhood Commercial 16,100 11,320
General Commercial 16,100 11,320
Open Space 8,330 3,550
Public Facilities 7,770 3,000
Parks 16,650 11,880
Schools 15,540 10,770

WATER SUPPLY FEE
FY 2023-24

Page 6 ends

Clovis City CouncilMay 8, 2023

Clovis City Council
May 8, 2023