Agenda packet — Clovis City Council, June 5, 2023 (part 1 of 2)

June 05, 2023 - 1 - 2:20 PM A G E N D A • C I T Y C O U N C I L M E E T I N G

June 5, 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 June 05, 2023 - 2 - 2:20 PM Verbal Comments

 If you wish to speak to the Council on an item by telephone, you should contact the City Clerk at (559) 324-2060 no later than 4:00 p.m. the day of the meeting.

 You will be asked to provide your name, phone number, and your email. You will be emailed instructions to log into Webex to participate in the meeting. Staff recommends participants log into the Webex at 5:30 p.m. the day of the meeting to perform an audio 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 lim it your comments to 5 minutes or less, or 10 minutes per topic

Webex Participation

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

ROLL CALL

PRESENTATIONS/PROCLAMATIONS

1. Presentation of Proclamation honoring Fire Chief John Binaski upon his retirement and commending him for his overall 32 years of fire service and 10 years of service to the Clovis Community.

2. Presentation of Proclamation honoring City Engineer Mike Harrison upon his retirement and commending him for 39 years of service to the Clovis Community.

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 w ishing 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 2 June 05, 2023 - 3 - 2:20 PM read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

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

3. Administration - Approval - Minutes from the May 8, 2023, Council Meeting.

4. Administration - Adopt - Ord. 23 -03, R2023 -003, A request to establish prezoning classifications for approximately 333 acres of property and to modify prezoning classifications on approximately 35 acres within the overall 500 -acre project area, located within the area generally bound by Shepherd Avenue on the south, Willow Avenue on the west, the Enterprise Canal on the north and the Peach Avenue alignment on the east. City of Clovis, applicant. (Vote: 5-0)

5. Administration - Receive and File – Economic Development Corporation Serving Fresno County Quarterly Report, January - March 2023.

6. Administration - Receive and File – Business Organization of Old Town (BOOT) Third Quarter Report, January through March 2023.

7. Administration - Approval – Authorize the City Manager to enter into an agreement with Pro Ag Management, Inc. on the lease of 1625 Shaw Ave., Suite 101, for $116,000 per year.

8. Administration – Approval – Waive Formal Bidding Requirements and Authorize a Service Contract with The Lew Edwards Group to Conduct Polling and Feasibility Analysis of Revenue Options for $49,400.

9. Finance – Receive and File – Investment Report for the Month of February 2023.

10. Finance – Receive and File – Treasurer’s Report for the Month of February 2023.

11. General Services – Approval - Claim Rejection of the General Liability Claim on behalf of Phorum Sheth.

12. Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6367, located at southeast area of Armstrong Avenue and Nees Avenue (Gleneagles Homes, a California Corp DBA Gary McDonald Homes, a California corporation).

13. Planning and Development Services – Approval – Bid Award for CIP 19 -11 Bullard Avenue Rehabilitation; and authorize the City Manager to execute the contract on behalf of the City with Dave Christian Construction Company in the amount of $761,162.25.

14. Police - Approval – Res. 23 -___, Authorizing the Police Chief and th e Police Department to Execute an MOU and Grant Cooperative Agreement between MARJAREE MASON CENTER, INC., a California nonprofit corporation (MMC), and Approval - Res. 23-___, Amending the Police Department Budget to reflect the award of $25,000.

15. Public Utilities – Approval – Award Non-Exclusive Franchise Agreements for Hauling of Construction and Demolition Debris, and Update the City’s Approved Hauler List. 3 June 05, 2023 - 4 - 2:20 PM PUBLIC HEARINGS - A public hearing is an open consideration within a regular or special meeting of the City Council, for which special notice has been given and may be required. When a public hearing is continued, noticing of the adjourned item is required as per Government Code 54955.1.

16. Consider Introduction – Ord. 23 -__ An ordinance of the City Council of the City of Clovis adding Chapter 4.14 to Title 4 of the Clovis Municipal Code prohibiting spectators at vehicle sideshows in the City of Clovis.

Staff: Iri Guerra, Police Lieutenant
Recommendation: Approve

17. Consider Approval – Res. 23-___, A resolution revising the Master Development Fee Schedule and Providing a Description of Fees to be Requested for County Adoption. (Continued from the May 8, 2023, meeting.)

Staff: Sean Smith, Supervising Civil Engineer
Recommendation: Approve

18. Consider Approval - Res. 23-___, 2023-2024 City of Clovis Annual Budget, Five Year Capital Improvement Program, and Information regarding the Clovis Successor Agency. (Continued from the May 15, 2023, meeting)

Staff: John Holt, City Manager
Recommendation: Approve

COUNCIL ITEMS

19. Consider Approval – Change of Council Meeting Schedule.

Staff: John Holt, City Manager
Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS

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

20. Government Code Section 54956.9(d)(4)

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Deciding whether to initiate litigation
One potential case

21. Government Code Section 54957

PUBLIC EMPLOYEE EVALUATION
Title: City Manager

4 June 05, 2023 - 5 - 2:20 PM

ADJOURNMENT

FUTURE MEETINGS

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

June 12, 2023 (Mon.) (To be Cancelled)
June 19, 2023 (Mon.)
July 3, 2023 (Mon.) (To be Cancelled)
July 10, 2023 (Mon.)
July 11 (Tue.) - Aug. 6 (Mon.) Summer Recess
August 7, 2023 (Mon.)
August 14, 2023 (Mon.)
August 21, 2023 (Mon.)

5 6
AGENDA ITEM NO. 1.
7 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

Page 1 of 4 ends

CLOVIS CITY COUNCIL MEETING

May 8, 2023 6:00 P.M. Council Chamber

Meeting called to order by Mayor Ashbeck at 6:01 p.m.

Flag Salute led by Councilmember Pearce

Roll Call: Present: Councilmembers Basgall, Bessinger, Mouanoutoua, Pearce Mayor Ashbeck

PUBLIC COMMENTS – 6:02

Zoie McColm, resident, shared concerns regarding development impact fees

CONSENT CALENDAR – 6:06

Motion by Councilmember Bessinger, seconded by Councilmember Basgall, that the items on the Consent Calendar be approved. Motion carried by unanimous vote.

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

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

3. General Services - Approved – Res. 23 -32, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Fin ance Manager Classification with a Salary Range of $10,635 to $12,927 per month, and Approved – Res. 23-33, Amending the City’s FY 22-23 Position Allocation Plan.

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

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

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

PUBLIC HEARINGS – 6:07

6:07 ITEM 7 - APPROVED – RES. 23-36, ADOPTION OF THE CIT Y OF CLOVIS 2023 -2024

ANNUAL ACTION PLAN F OR THE EXPENDITURE O F COMMUNITY DEVELOPM ENT BLOCK GRANT FUNDS.

Paul Williams, Resident, spoke in support of the CDBG program and various services provided by the City.

8 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 2 of 4 ends

Motion for approval by Councilmember Bessinger, seconded by Councilmember Mouanoutoua. Motion carried by unanimous vote.

6:37 ITEM 8 – APPROVED – UPDATE ON COMMUNITY SERVICES FEE POLICY.

Motion to approve the update on the Community Services Fee Policy with the condition that staff return to the City Council approval before implementing changes and to engage the seniors for feedback. Motion for approval by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried 4-1, with Mayor Ashbeck voting no.

7:16 ITEM 9 - CONSIDER ITEMS ASSOC IATED WITH VARIOUS F EES UNDER THE

PLANNING AND DEVELOP MENT SERVICES DEPART MENT AND FIND THAT T HE

PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER SECTION 15061(B)(3) OF THE C ALIFORNIA ENVIRONMEN TAL QUALITY ACT GUID ELINES.

CITY OF CLOVIS, APPLICANT.

9A. APPROVED - RES. 23-34, A REQUEST TO APPROVE A RESOLUTION AMENDING

PLAN CHECK, INSPECTION SERVICES, ENCROACHMENT PERMIT S, AND COMMUNITY INVESTMENT PROGRAM RATES.

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

Motion carried by unanimous vote.

9B. APPROVED - RES. 23-35, A REQUEST TO APPROVE THE 2023 CITY OF CLOVIS PLANNING DIVISION FEE SCHEDULE.

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

Motion carried by unanimous vote.

9C. APPROVED INTRODUCTION - ORD. 23 -02, A REQUEST TO APPRO VE AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING SECTION

8.1.01.1 OF CHAPTER 8.1 OF TITLE 8 RELAT ING TO AMENDMENTS TO UNIFORM

ADMINISTRATIVE CODE TO ADD PHOTOVOLTAIC AND ENERGY STORAGE SYSTEMS FEE TABLE S-1.

Motion for approval by Councilmember Bessinger, seconded by Councilmember Mouanoutoua. Motion carried by unanimous vote.

7:26 ITEM 10 - CONTINUED – RES. 23 -XX, A RESOLUTION REVIS ING THE MASTER

DEVELOPMENT FEE SCHEDULE AND PROVIDING A DESCRIPTION OF FEES TO BE REQUESTED FOR COUNTY ADOPTION.

Sayre Miller, shared concerns regarding water and the fees charged to property owners within the Fresno Irrigation District.
9 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 3 of 4 ends

Mike Prandini, proposed for the City Council to approve the proposal submitted by the BIA for a 4.6% increase (CCI).

Arakel Arisian, spoke in su pport of the BIA’s proposal and encouraged the City to further research and evaluate other options for development impact fees.

Darius Assemi, spoke in support evaluating more options for development impact fees and possibly conducting a workshop.

Drew Phelps, spoke in support evaluating more options for development impact fees.

Motion to continue this item to a date uncertain to review all development impact fees except for the water fee. Motion by Councilmember Bessinger, seconded by Councilmember Pearce. Motion carried by unanimous vote.

9:32 ITEM 11 - APPROVED – RES. 23 -37, A RESOLUTION REVIS ING THE MASTER

DEVELOPMENT FEE SCHEDULE AND PROVIDING A DESCRIPTION OF FEES TO BE REQUESTED FOR COUNTY ADOPTION.

• 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

Alex Renteria, Representing Janie Dominguez, Requested for the City Council to dismiss the lien on 339 W. Ashcroft as the property has been restored.

Brady Steward, Requested for the City Council to dismiss the lien on 2951 Purvis.

Motion for approval , except 339 W. Ashcroft, by Councilmember Basgall, seconded by Councilmember Bessinger. Motion carried 4-1 with Councilmember Mouanoutoua voting no.

CITY MANAGER COMMENTS – 10:01

COUNCIL COMMENTS – 10:01

10 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 4 of 4 ends

CLOSED SESSION – 10:14

ITEM 12 - GOVERNMENT CODE SECTION 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATOR PROPERTY: 1625 SHAW AVENUE, # 101, CLOVIS, CA AGEN CY NEGOTIATOR(S): ANDY HAUSSLER, ASSISTANT CITY MANAGER; JOHN H OLT, CITY MANAGER NEGOTIATING PARTY: PRO AG MANAGE MENT, INC. & JAMISON FAMILY COMMUNITY PROPERTY TRUST UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT

ITEM 13 - GOVERNMENT CODE SECTION 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATOR PROPERTY: 1011 FIFTH STREET, CLOVIS, CA AGENCY NE GOTIATOR(S):

ANDY HAUSSLER, ASSIS TANT CITY MANAGER; J OHN HOLT, CITY MANAG ER NEGOTIATING PARTY: JUDICIAL COUNCIL OF CALIFORNIA UNDER NEGOTIATION: PRICE

AND TERMS OF PAYMENT

ITEM 14 - GOVERNMENT CODE SECT ION 54956.9(D)(1) CONFERENCE WITH LEG AL COUNSEL – EXISTING LITIGATION CASE NAME: DESIREE MARTINEZ V. CITY OF CLOVIS, ET AL., CASE NO. F082914

No action was taken by the City Council during the closed session.

Mayor Ashbeck adjourned the meeting of the Council to May 15, 2023

Meeting adjourned: 10:38 p.m.

______________________________ ________________________________ Mayor City Clerk
11 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: Administration
DATE: June 5, 2023
SUBJECT: Administration - Adopt - Ord. 23-03, R2023-003, A request to establish prezoning classifications for approximately 333 acres of property and to modify prezoning classifications on approximately 35 acres within the overall 500-acre project area, located within the area generally bound by Shepherd Avenue on the south, Willow Avenue on t he west, the Enterprise Canal on the north and the Peach Avenue alignment on the east. City of Clovis, applicant. (Vote: 5-0)
ATTACHMENTS: None

This item was approved for introduction on May 15, 2023, with a unanimous vote.

Please direct questions to the City Manager’s office at 559-324-2060. 12 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: Administration
DATE: June 5, 2023
SUBJECT: Administration - Receive and File – Economic Development Corporation Serving Fresno County Quarterly Report, January - March 2023.

ATTACHMENTS: 1. EDC Third Quarter Report, January 1 – March 31, 2023

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
That the City of Clovis receive and file the Third Quarter Report, January - March 2023, from the Economic Development Corporation Serving Fresno County.

EXECUTIVE SUMMARY
The Economic Development Corporation serving Fresno County (EDC) has submitted their Third Quarter Report of activities for the City Council to receive and file, as required per the 202 2- 2023 Agreement with the City.

BACKGROUND
In the summer of 2022, the City of Clovis and the EDC entered into a contract for the 2022-2023 fiscal year to provide re gional marketing and business services to Clovis businesses. The contract provides for $40,000 in baseline funding and provides $10,000 for a medical attraction study implementation plan to be completed. This allows Clovis to be part of a regional effort in attracting commercial and industrial businesses to Clovis. Attached is a report detailing th e progress of their activities to provide information to industrial/commercial representatives not currently located in Clovis for recruiting purposes, and to continue to assist existing Clovis businesses with informational and/or technical assistance to access statewide business support programs.

13 AGENDA ITEM NO. 5.

Highlights of the EDC quarterly report include:

FISCAL IMPACT
The City will forward the third quarter installment payment to EDC. The funds were budgeted in the 2022-2023 fiscal year budget.

REASON FOR RECOMMENDATION
The attached report meets the requirement established in the 202 2-2023 Agreement between the EDC and the City of Clovis.

ACTIONS FOLLOWING APPROVAL
Staff will file the report.

Prepared by: Chad McCollum, Economic Development, Housing and Communications Director

Reviewed by: City Manager AH

14 AGENDA ITEM NO. 5.
03/31/2023
Terms
City of Clovis
ATTN:Mr. Andrew Haussler
1033 5th Street
Clovis, CA 93612
Date:
9591Inv. No.:
517Account No.:

Fresno County EDC
1060 Fulton St., 4th Floor
Fresno, CA 93721
Remit To:

Membership Level Contact

INVOICE
1060 Fulton Street, 4th Floor
Fresno, CA 93721
(559) 476-2500
Description Total
DIAMOND 1 YearMr. Andrew Haussler
City of Clovis Q3 January - March 2023 $12,500.00
$12,500.00Balance Due:
$0.00Paid/Credited:
$12,500.00Total:

Attachment 1 15
AGENDA ITEM NO. 5.

City of Clovis
Quarterly Activity Report
Quarter 3
Fiscal Year 2022-2023
January 1, 2023 – March 31, 2023
Lee Ann Eager President/CEO
Sherry Neil Chief Operating Officer
Paul Thorn Controller
Will Oliver VP of Business Services
Julian Ramos Client Services Manager
Chris Zeitz Director of Special Projects
Spencer Bremer Research Analyst
Jackie Cuevas Business Expansion and Retention Coordinator Danielle Dixon-Oglesby Workforce Training Coordinator
Darian Galindo Business Retention Specialist
Cody Laird Economic Development Specialist
Marcella Lara Business Retention Specialist
Andrea Lee Economic Development Specialist
Tiffany Louk Business Attraction Specialist
Kaila Lugo Office Administrator
Merritt Pacini Executive Assistant to the CEO
Miguel Ruelas Business Attraction Specialist
Mai See Vang Program Coordinator
Malee Vang Social Care Coordinator
Ross Williams Research Analyst
16 AGENDA ITEM NO. 5.

City of Clovis
Quarterly Activity Report

This report summarizes the agreement requirements between the City of Clovis and the Fresno County Economic Development Corporation (EDC).

Division Mission
To market Fresno County as the premier location for business prosperity.

Fresno County EDC Services
The Economic Development Corporation serving Fresno County is a nonprofit organization established to market Fresno County as the premier location for business prosperity. We facilitate s ite selection for new busin esses within Fresno County, and assist in the retention and expansion of businesses through our alliance with collaborative partners and resources.

The EDC agrees to the following services:

1. Provide information to the industrial and office representatives not located in the City of Clovis for recruiting new businesses and industries;

2. Assist in the development of marketing materials to attract new investments, commercial and industrial brokers, developers, and site selectors. Assist in utilizing online marketing to advance economic and community development efforts;

3. Assist existing businesses and industries that contact the EDC with information and technical assistance through the BEAR Action Network;

4. Work to foster a closer working relationship with local business associations to enhance the EDC services provided to Clovis area employers;

5. Continue acting in a leadership role in promotion of high-speed rail and promote the Clovis area for related development;

6. Inform Clovis of legislation important to the economic and community development of the region and act on their behalf;

7. Assist in identifying economic development projects on the City’s behalf for the inclusion in the County of Fresno’s Comprehensive Economic Development Strategy (CEDS) for possible grant funding; and

8. Provide administrative staffing at all Executive Committee, Board, and related events.

17 AGENDA ITEM NO. 5.

Q3 Snapshot
The EDC team conducts outreach marketing business expansion and retention services by:
• Providing an operational analysis to evaluate the health of the business. This tool offers us a thorough understanding of the appropriate referrals or resources needed for business growth or retention;
• Connecting businesses to labor subsidy programs;
• Providing education on federal/state/local tax Incentives; and • Providing referrals and information on financing assistance.

Stemming from direct outreach, workshops, one-on-one meetings, and marketing efforts, the areas of interest and number of referrals generated are reflected below:

Q3 FY23 FY23 YTD
Businesses Served 30 53
Business Referrals 1 27

Type Goal Q3 FY22-23 Completion
Top 50 Business List 1 1 1 100%
Economic Profile Update 1 1 1 100%
Comparative Healthcare Analysis Enhancement 1 1 1 100%
Broker Events 2 0 0 -
New Business Leads 40 12 41 100%
Targeted Healthcare Engagements 20 30 30 100%

Clients and Businesses Served
A Mind Above, A Professional Psychology
Corporation
Accounting America
AMA Management, Inc.

Anjaleoni Enterprises Inc
Bob Warner Insurance Agency
Cabinet Connection
CALBEC Group
Catuira Home 2
Clovis Chamber of Commerce
Clovis Crossfire Soccer League
Clovis Insurance Agency
Comfort Suites
Denny's #9549
Facelogic Spa
Gilbert K. Moran, M.D. F.A.C.O.G. INC.

High Performance Academy
Hilton Garden Inn Clovis
Huckleberry's
HuckleBerry's Clovis
Jackson Young Drywall
Kuppa Joy - Clovis
La Quinta Inn & Suites by Wyndham Clovis
Michael Angelo Custom Painting Inc
Philip Call State Farm Insurance Agent
Sandys Country Junction
SMS Services Inc.

The 500 Club Casino
The Body Building
Tri-Valley Plastering, Inc
United States Postal Service
18 AGENDA ITEM NO. 5.

City of Clovis Economic Snapshot
Quarter 3, FY22-23
Industrial, Office, and Retail Vacancy

This quarter in the City of Clovis, the industrial vacancy rate increased to 0.2% from zero, the office vacancy rate decreased from 5.7% to 3.0%, and the retail vacancy rate dropped from

4.7% to 4.3%.

Source: CoStar.com
February 2023 Unemployment Rates
The preliminary unemployment rate in Clovis was 3.8% in February 2023, an increase from 3.3% in November 2022. This compares with a non-seasonally adjusted unemployment rate of 4.8% for California and 3.6% for the nation during the same period.

Source: State of California Employment Development Department

Q3 FY22-23 Industrial Office Retail
Fresno County 2.4% 8.7% 4.0%
City of Clovis 0.2% 3.0% 4.3%
Area Labor Force Unemployment Rate
Fresno County 466,800 8.1% City of Clovis 58,500 3.8%
19 AGENDA ITEM NO. 5.

Business Attraction and Expansion Activity
During the third quarter, the EDC generated 15 new business leads, and responded to 4 requests for information.

New Leads

MONTH CLIENT

NUMBER SOURCE INDUSTRY JOBS SITE

REQUIREMENTS

PARTICIPATING
CITIES

JANUARY
230105A1 Valley Ventures
Outreach
Computer
Software TBD TBD Fresno
230117A2 Valley Ventures
Outreach AgTech TBD TBD All
230120A1 Valley Ventures
Outreach
Water
Purification TBD TBD All
230124A1 Team CA Solar
Manufacturing 150
150,000-250,000
SF
16 Loading Docks
30’ Clearance
All
230126A1 Valley Ventures
Outreach AgTech 5 TBD All
230130A1 Referral Mineral Wool
Manufacturing TBD 2,000 SF
20ft ceiling height All

FEBRUARY

PROJECT
MAYFLOWER GO-Biz Lead Electrical
Manufacturing 218 25 AC Industrial
45’ Clearance All

PROJECT
KALMEX GO-Biz Lead Hemp Product
Manufacturing 110 TBD All
230210A1 Direct Lead Biotechnology 10 TBD East Side
230213A1 Direct Lead Marketing and
Advertising 15 2,000 – 5,000 SF
Office All
MARCH

230310 Direct/Company Wholesale 10+ 50,000 SF Light
Industrial All
230309 Direct/Company Electric Vehicle
Repair/Delivery 10 15,000 SF All
230316A1 -
PROJECT 2306 CCVEDC Lead
Lithium-Ion
Battery
Manufacturing
TBD 50,000 - 200,000
SF All

PROJECT
EAGLE GO-Biz Lead
Lithium-Ion
Battery
Manufacturing
266 TBD All
PROJECT 52 GO-Biz Lead Defense
Contractor TBD TBD All
20 AGENDA ITEM NO. 5.

Requests For Information

MONTH CLIENT

NUMBER SOURCE INDUSTRY DETAILS

JANUARY

RFI 230118 Local Partner
Lead
Management
Consulting
Food processor data management company
seeking assistance in establishing client base.

RFI
230118A1
Real Estate
Agent/Broker Real Estate Client is seeking assistance on next steps regarding Opportunity Zone property.

RFI 230110 Local Partner
Lead B2B Organizing B2B meetings during delegation's visit April 2023.

FEBRUARY RFI 230222 City Lead Waste Processing
Client designs and operates Anaerobic Digesters
for use in organic waste disposal. Currently
seeking feedstock partners and location within
Fresno.

21 AGENDA ITEM NO. 5.

Partnership with Department of Social Services
The EDC has been contracted to assist the Fresno County Department of Social Services in marketing the New Employment Opportunities (NEO) program, Ready2Hire, and identify prospective employers to hire from the pool of eligible NEO job seekers.

NEW EMPLOYMENT OPPORTUNITIES (NEO) 2022-2023 To be completed by 9/30/2023 METRIC Actual Contract Goal
PARTICIPATING BUSINESSES 86 150
JOB PLACEMENTS 82 200
JOB POSTINGS 736 500
JOB FAIRS 4 4
EMPLOYER TRAINING 5 4
Customized Workforce Trainings
Realizing the current labor demands among our local businesses, the EDC, Department of Social Services and educational partners have worked with industry stakeholders to develop customized trainings to fulfill today’s workforce needs. Utilizing input from various industry practitioners, each training curriculum is developed to create career pathways to meet tomorrow’s industry needs, help businesses grow, and put individuals back to work. Below is a list of customized training programs underway:

Valley Apprenticeship Connections
Pre-Apprenticeship Program. The partnership between Fresno County EDC, the Department of Social Services, and Fresno EOC will provide a 12-week program comprised of classroom and construction-based training.

John Lawson Truck Driving
Class A Truck Driving Class. The 10-week training is a partnership between Fresno County EDC, the Department of Social Services, West Hills Community College, and Lawson Rock and Oil.

Central Valley Training Center
Pre-Apprenticeship Program. The partnership between Fresno County EDC, the City of Selma, and High- Speed Rail Authority will provide a 12-week program comprised of classroom and construction-based training.

22 AGENDA ITEM NO. 5.

Quarterly Activity Report
Highlights
January 2023
Relyion | All
Since initially meeting at the Valley View presentation, the EDC has continued to work with Relyion, introducing them to potential partners that can help their business succeed. They have expressed interest in locating in Fresno in hopes of growing their company with the contacts Fresno EDC made.

California Government Inauguration | All
EDC President & CEO Lee Ann Eager traveled to Sacramento to attend the inauguration for Governor Gavin Newsom. She also participated in the march to the event. While there she was able to attend the inauguration of Lieutenant Governor Eleni Kounalkis and State Controller Malia M. Cohen. Each event was well attended, and Lee Ann was able to network with many. The Governor delivered his inaugural address, underscoring California’s commitment to continue leading the way forward to prosperity and progress for all.

23 AGENDA ITEM NO. 5.

Quarterly Activity Report
CART Showcase | Fresno & Clovis
EDS Andrea Lee attended the Center for Advanced Research and Technology (CART) showcase and interacted with the student’s presentations. The students did a fantastic job with their projects. It was a great experience to support the next generation of thinkers and leaders.

January Clovis Chamber of Commerce Mixer | City of Clovis EDS Andrea Lee attended the January Clovis Chamber of Commerce Mixer at The Painted Table and networked with Clovis business owners and professionals.

CTC Transportation Research Board Annual Meeting | All
As California Transportation Commission Chair, President & CEO Lee Ann Eager was invited to attend the Transportation Research Board’s Annual Meeting in Washington DC. She attended sessions that included The Case for Inland Ports and Growing Demand for Warehousing: Why It Is Happening & Effects on Communities & Truck Drivers.
24 AGENDA ITEM NO. 5.

Quarterly Activity Report
Clovis Chamber Salute to Business Luncheon | City of Clovis EDC Staff were delighted to attend the Clovis Chamber of Commerce Salute to Business Luncheon on January 26th. We look forward to working with the Chamber and honored businesses to continue making Fresno County the premier location for business prosperity.

Fresno County Women’s Chamber of Commerce Member Connect | All EDS Andrea Lee attended the Fresno County Women’s Chamber of Commerce Member Connect. There were multiple female business owners and professionals that she connected with.

25 AGENDA ITEM NO. 5.

Quarterly Activity Report
February 2023
High Speed Rail 10,000 jobs Press conference | All
Workforce Training Coordinator Danielle Dixon-Oglesby attended the press conference that celebrated the creation of more than 10,000 construction jobs since the start of the high-speed rail construction. Several leaders spoke and emphasized the ability to provide opportunities for those who are from disadvantaged communities and how the jobs are changing those lives in a positive way. Those leaders included Mayor Jerry Dyer, Chuck Riojas, Administrator Amir Bose, California Transportation Secretary Toks Omishakin, and Andrew Meredith. A current worker spoke about how she has worked on the project for 6 years and has enjoyed her experience thus far.

NEO Program | Fresno County
The BEAR team has successfully enrolled four new businesses, including Rise and Shine Services, Brother Collision and Auto Repair, Central California Asthma Collaborative, and Alert-O-Lite Inc., into the NEO program to address their workforce needs. These businesses are currently seeking to hire full-time employees. The NEO program is an exceptional opportunity for businesses to fulfill their hiring needs, as it provides wage subsidy reimbursement for up to one year for each eligible new hire. Additionally, the program assists individuals in the Welfare to Work program to reintegrate into the workforce.

SelectUSA | Fresno County
Fresno EDC is serving as the fiduciary for the Governor’s Office of Business and Economic Development for SelectUSA, the premier Foreign Direct Investment conference in the United States, taking place May 1-4, 2023. Business Attraction Specialist Tiffany Louk and Controller Paul Thorn have been closely collaborating with Maria Onorato, Foreign Direct Investment Program Manager at GO-Biz, to gather sponsorships as well as invoice and register an extensive list of participants who will be attending as part of the California Delegation. For more information on the SelectUSA Investment Summit, please visit: https://www.selectusasummit.us/

26 AGENDA ITEM NO. 5.

Quarterly Activity Report
Food Processing Expo | All
Business Attraction Specialist Miguel Ruelas attended the Food Processing Expo in Sacramento on 2/14 and 2/15. The Expo attracts a wide variety of attendees, including CLFP food processor members, non- member food processors, those with ideas for new food products, university personnel and students, food processing industry vendors, suppliers and more. At the expo, Miguel was able to connect with several businesses that Fresno EDC has worked with in the past and / or is currently assisting. Sierra Agra and Tropical Food Machining held a booth and Fresno EDC provided additional assistance to their efforts at the expo. Additionally, new business contacts were made, and follow-up meetings are being scheduled.

SJVMA First Quarterly Members Meeting | All
Director of Special Projects Chris Zeitz and Program Coordinator Mai See Vang attended the San Joaquin Valley Manufacturing Alliance (SJVMA) members meeting. SJVMA is a partner under the Good Jobs Challenge as the backbone of the manufacturing sector. The first quarterly meeting of the year was held on February 15, 2023, at Keiser Corporation, which specializes in the manufacturing of exercise equipment for personal and commercial buyers. Members of SJVMA consist of manufacturing employers, educators, and other organizations in support of the manufacturing industry. At the meeting, Chris and Mai See presented on the Good Jobs Challenge award EDC secured and provided a survey to collect more information on employer hiring needs. They connected with Keiser's HR to learn more about their hiring needs and extended their support to provide information about an existing maintenance mechanic training program to help upskill one of their employees.

World Ag Expo | All
On February 15th-16th, 2023, Business Attraction Specialist Tiffany Louk and Client Services Manager Julian Ramos attended the Tulare World Ag Expo. Tiffany established contact with a business delegation from Northern Ireland that the UK Consul mentioned was in attendance. She will assist the companies with in-region business networking. She also coordinated and led a meeting between a UK FDI Business Ag Tech lead and the City of Fresno Economic Development Team in order to establish contact and connect the company with sites, incentives, and other resources.

27 AGENDA ITEM NO. 5.

Quarterly Activity Report
UK Deputy Consul General Meeting | All
Fresno EDC President and CEO Lee Ann Eager was thrilled to host United Kingdom Deputy Consul General Tammy Sandhu MBE, UK Head of Politics, Press and Public Affairs Chris Cambises, and UK Economic and Trade Policy Liz Venn alongside Fresno County Supervisor Steve Brandau, Fresno Mayor Jerry Dyer, Clovis Mayor Pro Tem Vong Mouanoutoua, Clovis Assistant City Manager Andy Haussler and CSU Fresno VP of Student Affairs Dr. Kent L. Willis. All parties were enthusiastic to discuss areas of collaboration, including economic exchange, business development, and academic exchange. We look forward to continuing this collaboration to make Fresno the premier global location for business prosperity!

Westpack and Medical Design and Manufacturing Conference | Fresno County, City of Clovis Tiffany Louk and Julian Ramos represented the California Central Valley Economic Development Corporation at the WestPack Tradeshow in Anaheim Feb 7th-9th. Tiffany also networked with medical device wholesale and manufacturing companies at the adjacent Medical Design and Manufacturing Conference. She cross-referenced the list of attendees with EDC’s Clovis Healthcare Analysis and initiated conversations and presented tailored marketing packets to matching company representatives.

28 AGENDA ITEM NO. 5.

Quarterly Activity Report
“Go Golden” Initiative Awardee Press Conference | All
On February 24, 2023, EDC Chief Operating Officer Sherry Neil and Client Services Manager Julian Ramos attended California Department of Water Resources press conference in which it was announced that $15 million has been awarded to eight local water resilience projects, including the City of Parlier. The EDC would like to thank California Natural Resources Secretary Wade Crowfoot and congratulate Kings Basin Water Authority Chair Mayor Mary Fast of Reedley, City of Parlier Mayor Alma Beltran, and other awardees for their outstanding efforts in water conservation and sustainability.

Tour of Caltrans and PG&E Training Centers | All
EDC President & CEO Lee Ann Eager and COO Sherry Neil traveled to the Bay Area to tour the Caltrans Training Center in Oakland, as well as the PG&E Training Center in Livermore. These tours were not only a chance to learn more about the individual training programs offered at each center, but also to explore opportunities for the EDC to partner with them in the future.

Workshops / Webinars Attended
• Roadmap to Building Registered Apprenticeship Programs o Hosted by Foundation for California Community Colleges attended by Good Jobs Team • Inflation Reduction Act Briefing
o Hosted by Accelerator for America attended by Special Projects Team

29 AGENDA ITEM NO. 5.

Quarterly Activity Report
March 2023
World Agri-Tech Summit | All
From recruiting innovative businesses and technologies to our region, to collaborating with representatives of the F3 initiative, to attracting domestic and foreign investment to Fresno County, Tiffany Louk has had an exciting (and busy) time at the World Agri-Tech Innovation Summit in San Francisco! As Business Attraction Specialist and FDI lead, she is proud to represent Fresno EDC, forging connections for Fresno County at this cutting-edge conference.

2023 Mayor’s Leadership Round Table | City of Clovis
Will Oliver, the Vice President of Business Services, participated in the 2023 Mayor's Leadership Roundtable hosted by Mayor Lynne Ashbeck in Clovis. The main objective of the workshop was to discuss trends affecting the local community and
generate innovative ideas to be included in Clovis'
strategic plan. The community leaders engaged in a
dynamic conversation that focused on preserving the
city's quality of life, maintaining educational
excellence, and managing growth in a sustainable
manner. Various challenges related to workforce and
business were brought up, including the need to
protect Old Town, attract small businesses, and
develop a skilled workforce capable of meeting the
needs of various industries. The EDC emphasized the
lack of industrial land availability, which hinders
Clovis' ability to showcase itself to exciting companies with advanced technologies, sustainable practices,
and higher-paying jobs. The EDC also highlighted the
Good Jobs Challenge program, which provides job
seekers with short-term training, support services,
and pre-apprenticeship opportunities, to bridge the
gap between job seekers and employers.

Central Valley Career Fair | Clovis
Andrea Lee, Economic Development Specialist, attended the Central Valley Career Fair to promote the New Employment Opportunities program to employers. She interacted with over 20 employers, with over a dozen expressing interest in the program.
30 AGENDA ITEM NO. 5.

Quarterly Activity Report
Leveraging Federal Infrastructure Funding via the Catalyze Registry | All On March 12, 2023, Fresno EDC Director of Special Projects Chris Zeitz presented on an invite-only webinar to approximately 20 major foundations interested in supporting workforce and economic development projects highlighted by the Federal Government for maximum impact. The Fresno area’s Good Jobs Challenge was one of two projects discussed in the webinar, which was organized by America Achieves and included two advisors to the White House as well. The EDC Good Jobs Team has met with one foundation that was in attendance already to discuss service gaps in the Good Jobs project that result from federal regulations and how philanthropy can step in to address those gaps.

Fresno DRIVE - REDF Meeting | All
On March 15, 2023, Fresno EDC Director of Special Projects Chris Zeitz attended a meeting held by Fresno DRIVE and Every Neighborhood Partnership to be introduced to REDF’s (The Roberts Enterprise Development Fund) regional team in the valley. REDF supports social enterprises, organizations that are run as a business but provide community benefits. REDF is interested in supporting the organizational and business development of more social enterprises in the region and this meeting was a first introduction to organizations that could facilitate these connections.

Valley Apprenticeship Connections Graduation | Fresno County On Friday, March 24, 2023, Danielle Dixon-Oglesby and Mai See Vang were present at the VAC graduation ceremony, which took place at the new EOC building located at 1371 Stanislaus Street. A total of 23 graduates were honored during the event. The atmosphere was uplifting as VAC staff motivated the students to embrace their future journeys and utilize the skills they acquired. Several students delivered heartfelt speeches, sharing their personal experiences and expressing gratitude to VAC for positively transforming their lives. Notably, one student, who was learning English, tearfully expressed appreciation to her fellow cohort members for their acceptance and support despite her limited English proficiency. She credited the class for boosting her self-confidence and instilling excitement for her future prospects. The EDC will be assisting the graduating students with retention services for a year post graduation.

31 AGENDA ITEM NO. 5.

Quarterly Activity Report
California Partnership for the San Joaquin Valley Quarterly Meeting | All On March 10, 2023, Fresno EDC President & CEO Lee Ann Eager and the EDC’s Good Jobs Team presented the Good Jobs project, a four-county workforce development grant from the US Economic Development Administration, to the quarterly meeting of the California Partnership for the San Joaquin Valley Board (CPSJV). During the meeting, the Good Jobs Team reviewed the current status of the program and described how regional approaches to workforce and economic development were producing results in the Central San Joaquin Valley area. CPSJV invited the team to continue attending quarterly meetings to provide ongoing updates.

H2B2 | All
Fresno EDC assisted H2B2 submit a Cal Competes application for $500,000 towards their hydrogen production facility located just outside of Kerman. This is not the first time that the company has applied for tax credits, and it demonstrates their ongoing commitment to maximizing their financial benefits.

Overall, the submission of this tax credit application highlights H2B2's focus on financial optimization and their willingness to take advantage of available tax benefits.

Workshops / Webinars Attended
• Advancing Equitable Outcomes: A Roadmap for Investors hosted by the NY Fed Community Development Team attended by Ross Williams
• CAL OPR Training Series: Maximizing Federal Funds hosted by California Governor’s Office of Planning and Research attended by Chris Zeitz
• CAL OPR Training Series: American Rescue Plan Compliance Supplement Addendum hosted by California Governor’s Office of Planning and Research attended by Chris Zeitz

32 AGENDA ITEM NO. 5.

FY 22-23 Overview of Work Product Deliverables FY 2022 – 2023 Target Outcomes Q3 2023 Economic Development Corporation
Serving Fresno County

Contract: $40,000

Comparative Healthcare Analysis
Phase 3: $10,000
- Marketing & Recruitment Plan
- Healthcare Company Engagement

Staff:

President & CEO
Lee Ann Eager

Chief Operating Officer
Sherry Neil

Vice President of Business Services
Will Oliver

Business Retention:

Staff will continue to analyze Clovis
businesses impacted by COVID-19 and
incorporate into the Top 50 Analysis.

Targeted businesses will be contacted by a
variety of methods to educate Clovis
businesses on available retention resources,
such as utility rate reductions, rehiring
incentives and low-cost emergency relief
funding.
• Conduct Analysis to determine Top
50 companies in Clovis that should
be focused on for retention and
expansion.

New Business Recruitment:

Facilitate information and conduct tours for
company representatives not currently
located in Clovis for the purpose of
recruiting new businesses to the City of
Clovis. Assist the City of Clovis in promoting
future industrial areas and existing
industrial sites to new clients.
• Coordinate virtual and in-person
site tours for the purpose of
business attraction and expansion.
• Create and update marketing
materials.
• Support in-person or virtual
commercial and industrial broker
events for the City of Clovis.

Top 50 targeted business analysis for
expansion/retention Complete
Respond to all City of Clovis business
inquires and connect them to
appropriate resources
53 Businesses contacted and
27 Referrals provided YTD in
2023.

Comparative Healthcare Analysis (HCA)
Enhancement & Recruitment Plan Completed
2 Broker Events No Broker Events held YTD
40 new business leads 41 New Business Leads in
FY23 YTD.
20 targeted healthcare company
engagements from HCA Completed
Economic Profile Update Completed

33 AGENDA ITEM NO. 5.

ATTACHMENT 1
• Communicate leads status during
monthly EDC - City of Clovis
meeting.

Comparative Healthcare Analysis:
• EDC has completed a Comparative
Healthcare Analysis (CHA) and draft
marketing collateral to conduct
proactive company engagement. 20
unique businesses have been
identified for direct engagement
between the City and EDC.

Engagements in FY22-23 shall
include preparation of detailed
marketing materials based on the
CHA analysis including City
demographics, labor data, available
Clovis real estate, anchor assets,
clovis4business.com website
promotion and other pertinent data
and information as approved by the
City of Clovis. EDC staff shall work
in coordination with the City of
Clovis on delivery of materials,
company contacts and planning and
logistics for subsequent site visits.

34 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Administration
DATE: June 5, 2023
SUBJECT: Administration - Receive and File – Business Organization of Old Town (BOOT) Third Quarter Report, January through March 2023.

ATTACHMENTS: 1. Business Organization of Old Town (BOOT) Third Quarter Report, January through March 2023.

RECOMMENDATION
That the City Council receive and file the BOOT Third Quarter Report, January through March 2023.

EXECUTIVE SUMMARY
According to the 202 2–2023 agreement between the City of Clovis and the Business Organization of Old Town, BOOT is to submit quarterly reports to the City Manager and City Council. The amount to be funded is $15,000.

BACKGROUND
According to the 202 2-2023 agreement between the City of Clovis and the Business Organization of Old Town, BOOT is to submit quarterly reports to the City Manager and City Council detailing progress of BOOT’s promotional and marketing activity. Attached, a s Attachment 1, is the Third Quarter Report covering January through March 2023 activities. The amount to be funded is $15,000.

FISCAL IMPACT
The amount to be funded is $15,000, which is called out in the 2022-2023 Budget.

REASON FOR RECOMMENDATION
The attached report meets the requirement established in the 202 2-2023 agreement between the City of Clovis and the Business Organization of Old Town. 35 AGENDA ITEM NO. 6.

ACTIONS FOLLOWING APPROVAL
Staff will process payment to BOOT.

Prepared by: Shawn Miller, Business Development Manager

Reviewed by: City Manager AH

36 AGENDA ITEM NO. 6.
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43 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Administration
DATE: June 5, 2023
SUBJECT: Administration - Approval – Authorize the City Manager to enter into an agreement with Pro Ag Management, Inc. on the lease of 1625 Shaw Ave., Suite 101, for $116,000 per year.

ATTACHMENTS: 1. Draft Lease Agreement

RECOMMENDATION
For the City Council to authorize the City Manager to enter into an agreement with Pro Ag Management, Inc. on the lease of 1625 Shaw Ave., Suite 101.

EXECUTIVE SUMMARY
The Information Technology (IT) Division has been working out of a modular building for the last 22 years. The building was initially acquired on a lease as it was meant to be a temporary home for IT staff. At that time, s taff found that it was more cost effective to purchase the modular building instead of renewing the lease and it became permanent location for IT. The building is now showing signs of its age.

There have been multiple roof leaks, water damage and other issues. Rather than continuing to invest in the modular building, staff began researching for other locations to temporarily place the IT Division until a plan for a more suitable space somewhere here on the City Hall campus area can be developed. The proposed office location at 1625 Shaw Avenue , Suite 101, meets the City’s needs. The initial lease is for two years with three optional one -year renewals. Staff is recommending that Council authorize the City Manager to enter in the lease agreement for this office space.

44 AGENDA ITEM NO. 7.

BACKGROUND
The Information Technology Division has been working out of temporary locatio ns for the last

26.5 years. Initially, IT staff worked out of a house on Russel Ave nue, which was demolished for the Public Safety Headquarters building. At the time, and since this was meant to be a temporary fix, the decision was made to lease a used-modular building (current Building H) and place it on jacks to limit construction activity and not affect the parking lots asphalt and planter box areas. After the term on the lease completed, the city purchased the unit, as staff found that purchasing it would cost less than what the vendor was asking for on the lease renewal.

Unfortunately, the facility is now showing signs of age. There have been multiple roof leaks, mildew/water damage, and other issues.

Rather than continuing to invest in temporary fixes to the modular building, staff has been looking at other locations to temporarily place the IT Division. The proposed office location at 1625 Shaw Avenue, Suite 101, meets the City’s needs. The initial lease agreement is for two years with three optional one -year renewals. That should provide sufficient time to develop a plan for a more suitable and permanent space for the IT Division here on the City Hall campus area. Staff is recommending that Council authorize the City Manager to enter in the lease agreement for the office space at 1625 Shaw Ave., Suite 101.

FISCAL IMPACT
The cost for leasing the office space is $150,000 per year for two years including common area charges starting on July 1, 2023. It is included in the Information Technology Division’s proposed FY23-24 budget.

REASON FOR RECOMMENDATION
The cost for maintaining the current facility is increasing and there have been multiple problems like water leaks and other issues. Additionally, once the staffing vacancies are filled, the cubicles and office spaces will be at capacity . The new leased building will provide the City an interim office space for the IT Division until a more permanent facility becomes available on or near the City Hall campus area.

ACTIONS FOLLOWING APPROVAL
The lease agreement with Pro Ag Management, Inc. will be executed and staff will begin moving on or after July 1, 2023.

Prepared by: Andrew Haussler, Assistant City Manager

Reviewed by: City Manager AH

45 AGENDA ITEM NO. 7.

1. BasicProvisions ("BasicProvisions").

1.1 ParƟes: This Sublease("Sublease"), datedforreferencepurposesonly May 15, 2023 ,is madeby andbetween Pro Ag Management, Inc., an Illinois Corporation ("Sublessor")and City of Clovis, a California Municipal Corporation ("Sublessee"), (collecƟvely the"ParƟes", orindividuallya "Party").

1.2 Premises: That certainreal property,includingall improvementstherein, andcommonlyknown as(street address,city,state, zip) 1625 Shaw Avenue, Suite 101, Clovis, CA 93612 locatedin theCounty of Fresno ,State of California andgenerally described as(describe brieﬂythe natureofthe property) ("Premises").

1.3 Term: -- yearsand 23 monthscommencing July 1, 2023 ("Commencement Date")and ending May 31, 2025 ("ExpiraƟonDate").

1.4 Early Possession: Ifthe Premisesareavailable Sublesseemay havenon-exclusivepossession ofthe Premisescommencing upon lease execution ("EarlyPossession Date").

1.5 Base Rent: $9,648.00 per month("BaseRent"), payableon the 1st day ofeach monthcommencing July 1, 2023 .

Ifthis boxis checked,thereare provisionsin thisSublease fortheBase Rentto beadjusted.

1.6 Base Rentand OtherMonies PaidUpon ExecuƟon:

1.7 Agreed Use: ThePremises shallbeused andoccupied onlyfor professional office and related uses andfor noother purposes.

1.8 Real EstateBrokers.
agency relaƟonships inthis Subleasewiththe followingreal estatebrokers ("Broker(s)")and/ortheir agents("Agent(s)"):

Sublessor'sBrokerage Firm Savills and Colliers Tingey International, Inc LicenseNo. Colliers:
00452468 isthe brokerof (checkone): the Sublessor;or boththeSublessee andSublessor (dualagent).

Sublessor'sAgent Mike Catalano/Bobby Fena, SIOR LicenseNo. BF: 00590204 is(check one): the Sublessor'sAgent (salespersonor brokerassociate); or boththe Sublessee'sAgent andthe Sublessor'sAgent(dual agent).

Sublessee'sBrokerage Firm Colliers Tingey International, Inc. LicenseNo. 00452468 is thebroker of(checkone):
theSublessee;or boththe SublesseeandSublessor (dualagent).

Sublessee'sAgent Bobby Fena, SIOR LicenseNo. 00590204 is(check one): the Sublessee'sAgent(salesperson orbroker associate);or boththe Sublessee'sAgentand theSublessor's Agent(dual agent). separate wriƩen agreement(or ifthereis nosuch agreement,the sumof per separate agreement or -- % ofthetotal BaseRent) for thebrokerageservicesrendered bytheBrokers.

1.9 Guarantor. The obligaƟonsof theSublesseeunder thisSublease shallbeguaranteed by N/A ("Guarantor").

1.10 AƩachments. AƩachedhereto arethe following,allof which consƟtute apartof thisSublease:
anAddendum consisƟngof Paragraphs 14 through 17 ;
aplot plan depicƟng thePremises;(Exhibit"A")
aWork LeƩer;
acopy ofthe MasterLeaseand anyand allamendments tosuchlease (collecƟvelythe "MasterLease"); other(specify): Exhibit C - Rules and Regulations .

2. Premises.

2.1 Leƫng. Sublessor herebysubleases toSublessee,and Sublesseehereby subleases fromSublessor,thePremises, fortheterm, atthe rental,and uponallof theterms, covenantsand condiƟonssetforth inthis Sublease. Whiletheapproximate squarefootage ofthePremises mayhave beenusedin the markeƟng ofthe Premisesfor purposesof comparison,theBase Rentstated hereinis NOT Ɵedto squarefootage andisnot subjectto adjustmentshouldthe actualsize bedetermined tobe diﬀerent. Note:Sublesseeis advisedto verifythe actualsizeprior to execuƟng thisSublease.

2.2 CondiƟon. Sublessor shalldeliver thePremisesto Sublesseebroom cleanandfree ofdebris ontheCommencement Dateor theEarly PossessionDate, whichever ﬁrst occurs("Start Date"),andwarrants thatthe exisƟngelectrical, plumbing, ﬁresprinkler, lighƟng, heaƟng, venƟlaƟngandair condiƟoningsystems ("HVAC"),and anyitems whichtheSublessor isobligated toconstruct pursuanttothe Work LeƩer aƩachedhereto,if any,other thanthoseconstructed bySublessee, shallbe ingood operaƟng condiƟonon saiddate. If anon-compliancewith suchwarranty existsasof theStart Date,orif oneof suchsystems orelementsshould malfuncƟonor failwithin theappropriatewarranty period,Sublessor shall,as Sublessor'ssoleobligaƟon withrespect tosuch maƩer ,exceptas otherwiseprovidedin thisSublease, promptly aŌer receiptof wriƩen noƟcefrom Sublessee seƫng forthwith speciﬁcity thenature andextentof suchnon-compliance, malfuncƟon or

SUBLEASEFORA SINGLESUBLESSEE
Tobeusedifthe enƟrespace(Premises)willbesubleasedbyasinglesublesseewhetheror notthespace(Premises)isasingletenantbuildingor islocatedina mulƟ-tenantbuilding.

Iftherewillbeoneormoresublesseessharingthespacewitheachotherand/orthelessee, whetherornotthespace(Premises)isasingletenantbuildingorislocatedina mulƟ-tenant building,usetheSubleasefor MulƟpleTenants.
(a) Base Rent: $9,648.00 forthe period July 1-31, 2023 . (b) SecurityDeposit: $9,953.00 ("Security Deposit").
(c) AssociaƟonFees: forthe period .
(d) Other: $2,691.34 for Triple Net estimates (5078 SF x $0.53 psf per month) . (e) TotalDueUpon ExecuƟon ofthis Sublease: $22,292.34 . (a) RepresentaƟon: Each Partyacknowledgesreceiving aDisclosure RegardingReal EstateAgencyRelaƟonship, conﬁrmsand consentstothe following (b) Paymentto Brokers: Upon execuƟonand deliveryof thisSubleaseby both ParƟes, Sublessorshall paytothe Brokersthe brokeragefeeagreed toin a failure, recƟfy sameat Sublessor'sexpense. Thewarranty periodsshall beasfollows: (i)6 monthsasto theHVAC systems,and(ii) 30days asto theremainingsystems andother elements. IfSublesseedoes notgive Sublessorthe required noƟcewithin theappropriate warrantyperiod, correcƟon ofany suchnon-compliance, malfuncƟonor failureshall bethe obligaƟon ofSublessee atSublessee's solecostand expense.

2.3 Compliance. Sublessor warrantsthat anyimprovements, alteraƟons or uƟlity installaƟonsmadeor installedby oronbehalf ofSublessor toor onthe Premisescomply withall applicablecovenantsor restricƟonsof recordand applicablebuildingcodes, regulaƟonsand ordinances("ApplicableRequirements") in eﬀecton thedate thattheywere madeor installed. Sublessormakesno warrantyas totheuse towhich Sublesseewillput thePremises orto modiﬁcaƟonswhich maybe requiredby theAmericanswith DisabiliƟes Act orany similarlawsas aresult ofSublessee'suse. NOTE: Sublesseeisresponsible fordetermining whetheror notthe zoningand otherApplicableRequirements areappropriate forSublessee's intendeduse,and acknowledgesthat pastusesof thePremises maynolonger beallowed. If thePremisesdo notcomply withsaid warranty,Sublessorshall, exceptas otherwiseprovided,promptly aŌerreceipt of wriƩen noƟce fromSublessee seƫngforth with speciﬁcity thenatureand extentof suchnon-compliance, recƟfythesame.

2.4 Acknowledgements. Sublessee acknowledgesthat: (a)it hasbeen givenanopportunity toinspect andmeasurethe Premises,(b) ithas beenadvisedby Sublessorand/or Brokersto saƟsfyitselfwith respectto thesize and condiƟonof thePremises (includingbutnot limitedto theelectrical,HVAC and ﬁre sprinkler systems,security,environmental aspects,andcompliance withApplicable Requirementsand theAmericanswith DisabiliƟesAct), andtheirsuitability forSublessee's Attachment 1 46
AGENDA ITEM NO. 7.
intendeduse, (c)Sublessee hasmadesuch invesƟgaƟonas itdeems necessarywithreference tosuch maƩersandassumes allresponsibility thereforasthe same relateto itsoccupancy ofthePremises, (d)it isnot relyingonany representaƟonas tothesize ofthe Premisesmadeby Brokersor Sublessor,(e) thesquarefootage of thePremises wasnot materialtoSublessee's decisionto subleasethe Premisesandpay theRent statedherein,and (f)neither Sublessor,Sublessor'sagents, nor Brokershave madeany oralor wriƩen representaƟonsor warranƟeswith respecttosaid maƩersother thanasset forthin thisSublease. In addiƟon, Sublessor acknowledgesthat: (i)Brokershavemadeno representaƟons,promises or warranƟes concerningSublessee'sability tohonor theSubleaseor suitabilityto occupythe Premises,and (ii)it isSublessor'ssole responsibilityto invesƟgatethe ﬁnancialcapabilityand/or suitabilityof allproposedtenants.

2.5 Americans with DisabiliƟes Act. Intheevent thatas aresultof Sublessee'suse, orintendeduse, ofthe Premisesthe Americanswith DisabiliƟes Actor any similarlaw requires modiﬁcaƟons orthe construcƟon or installaƟon ofimprovements inorto thePremises, Building,Projectand/or CommonAreas, the ParƟesagree thatsuch modiﬁcaƟons, construcƟon orimprovementsshall bemade at: Sublessor's expense Sublessee'sexpense.

3. Possession.

3.1 Early Possession. Anyprovision herein granƟngSublessee EarlyPossession ofthePremises issubject toand condiƟoned uponthe Premisesbeing available forsuch possessionprior totheCommencement Date. Anygrant ofEarlyPossession onlyconveysanon-exclusiveright tooccupy thePremises. IfSublessee totallyor parƟallyoccupies thePremises priortothe CommencementDate, the obligaƟon topayBase Rentshall beabatedfor theperiod ofsuchEarly Possession. Allother termsof thisSublease (includingbutnot limitedto the obligaƟons topaySublessee's Shareof CommonArea OperaƟng Expenses,Real PropertyTaxesand insurance premiumsand tomaintain thePremises)shall, however,be in eﬀect duringsuchperiod. Any suchEarlyPossession shallnot aﬀectthe ExpiraƟon Date.

3.2 Delay inCommencement. Sublessor agreestouse itsbest commerciallyreasonable eﬀorts todeliver possessionofthe Premisesby theCommencement Date. If,despite said eﬀorts,Sublessor isunable todeliver possessionasagreed, therights and obligaƟonsof Sublessorand Sublesseeshallbe asset forthin Paragraph3.3 ofthe MasterLease(as modiﬁedby Paragraph6.3 ofthisSublease).

3.3 Sublessee Compliance. Sublessorshall notberequired totender possessionofthe Premisesto Sublessee unƟlSublessee complieswith its obligaƟon to provideevidence ofinsurance. Pendingdelivery ofsuch evidence,Sublessee shallberequired toperform allofits obligaƟonsunder thisSubleasefrom and aŌer the StartDate, includingthe paymentofRent, notwithstandingSublessor's elecƟonto withholdpossessionpending receiptof suchevidenceof insurance. Further,if Sublesseeis requiredto performanyother condiƟonsprior toor concurrentwiththe StartDate, theStartDate shalloccur butSublessormay electto withhold possession unƟl such condiƟons are saƟsﬁed.

4. Rentand OtherCharges.

4.1 Rent Deﬁned. Allmonetary obligaƟonsofSublessee toSublessor undertheterms ofthis Sublease(exceptfor theSecurity Deposit)are deemedtobe rent ("Rent"). Rentshall bepayablein lawfulmoney ofthe UnitedStatesto Sublessorat theaddressstated hereinor tosuchother personsor atsuch otherplacesas Sublessormay designatein wriƟng.

4.2 UƟliƟes. Sublessee shallpay forallwater,gas,heat, light,power,telephone, trashdisposal andother uƟliƟes andservices suppliedto thePremises, togetherwith anytaxes thereon.

5. SecurityDeposit. Therights and obligaƟonsof Sublessor and Sublesseeas tosaidSecurity Depositshall beasset forthin Paragraph5of theMaster Lease(as modiﬁedby Paragraph6.3 ofthisSublease).

6. MasterLease.

6.1 Sublessor isthe lesseeof thePremisesby virtueof the"MasterLease", wherein Jamison Family Community Property Trust established by the Jamison Family Trust dated March 17, 2013, William O. Jamison and Cinda L. Jamison, husband and wife, as community property and Elizabeth Anne Cardoza, a married woman as her sole and separate property. isthe lessor, hereinaŌer the"MasterLessor".

6.2 This Subleaseis andshall beatall Ɵmessubject andsubordinateto theMaster Lease.

6.3 The terms, condiƟons and respecƟve obligaƟonsofSublessor andSublessee toeachother underthis Subleaseshallbe theterms and condiƟons ofthe MasterLease exceptfor thoseprovisionsof theMaster Leasewhich aredirectlycontradicted bythis Subleaseinwhich eventthe termsofthis Subleasedocument shallcontrol overthe MasterLease. Therefore,for thepurposes ofthisSublease, whereverin theMasterLease theword "Lessor"isused itshall bedeemed tomean theSublessor hereinand whereverinthe MasterLease theword "Lessee"isused itshall bedeemedto meanthe Sublesseeherein.

6.4 During theterm ofthis Subleaseandfor allperiods subsequentfor obligaƟons whichhave arisenpriorto the terminaƟon ofthis Sublease,Sublesseedoes herebyexpressly assumeand agreetoperform andcomply with,for the beneﬁtof Sublessorand MasterLessor,each andevery obligaƟonofSublessor underthe MasterLease exceptfor thefollowingparagraphs whichare excludedtherefrom: .

6.5 The obligaƟonsthat Sublesseehas assumedunderparagraph 6.4hereof are hereinaŌerreferred toas the"Sublessee'sAssumed ObligaƟons". The obligaƟonsthat sublesseehas notassumedunder paragraph6.4 hereofare hereinaŌerreferredto asthe "Sublessor'sRemaining ObligaƟons".

6.6 Sublessee shallhold Sublessorfree andharmlessfrom allliability,judgments,costs,damages, claimsor demands,includingreasonable aƩorneysfees, arisingout ofSublessee's failuretocomply withor performSublessee's Assumed ObligaƟons.

6.7 Sublessor agreesto maintainthe MasterLeaseduring the enƟre termofthis Sublease,subject, however,toany earlier terminaƟon ofthe MasterLease withoutthe faultof theSublessor,and tocomply withor performSublessor'sRemaining ObligaƟonsand toholdSublessee freeand harmlessfromall liability, judgments,costs, damages,claims ordemandsarising outof Sublessor'sfailure tocomplywith orperform Sublessor'sRemaining ObligaƟons.

6.8 Sublessor representsto Sublesseethat theMasterLease isin fullforceand eﬀectand thatnodefault existson thepart ofanyParty tothe MasterLease.

7. Assignmentof SubleaseandDefault.

7.1 Sublessor herebyassigns andtransfers toMasterLessor theSublessor's interestinthis Sublease,subject howevertothe provisionsof Paragraph8.2 hereof.

7.2 Master Lessor,by execuƟngthis document,agreesthat unƟla Defaultshalloccur inthe performanceofSublessor's ObligaƟonsunder theMaster Lease, thatSublessor mayreceive, collectandenjoy theRent accruingunder thisSublease. However,if SublessorshallDefault inthe performanceofits obligaƟonsto MasterLessor thenMaster Lessormay,at its opƟon, receiveand collect,directlyfrom Sublessee,all Rentowingand tobe owedunderthis Sublease. Inthe event, however,that theamount collectedbyMaster Lessorexceeds Sublessor's obligaƟons anysuchexcess shallbe refundedtoSublessor. Master Lessorshallnot, by reasonof thisassignment oftheSublease norby reasonof the collecƟonof theRent fromtheSublessee, bedeemed liabletoSublessee forany failureof the Sublessorto performand complywithSublessor's Remaining ObligaƟons.

7.3 Sublessor herebyirrevocably authorizesand directsSublessee upon receiptof any wriƩen noƟce fromthe MasterLessor staƟng thata Defaultexists inthe performanceof Sublessor's obligaƟons undertheMaster Lease,to payto MasterLessorthe Rentdue andtobecome dueunder theSublease. Sublessoragrees that Sublesseeshall havethe righttorely uponany suchstatement andrequestfrom MasterLessor,andthatSublessee shallpay suchRentto MasterLessor withoutany obligaƟonor rightto inquireasto whethersuch Defaultexists andnotwithstandingany noƟcefrom orclaimfrom Sublessorto thecontraryand Sublessorshall have noright orclaim againstSublesseefor anysuch Rentso paidbySublessee.

7.4 No changesor modiﬁcaƟonsshall bemadeto thisSublease withouttheconsent ofMaster Lessor.

8. Consentof MasterLessor.

8.1 In theevent thatthe MasterLeaserequires thatSublessor obtaintheconsent ofMaster Lessortoany subleƫngby Sublessorthen, thisSubleaseshall not be eﬀecƟve unless,within 10daysof thedate hereof,Master Lessorsignsthis Subleasethereby givingitsconsent tothis Subleƫng.

8.2 In theevent thatthe obligaƟonsofthe Sublessorunder theMasterLease havebeen guaranteedbythird parƟes,then neitherthis Sublease,northe Master Lessor'sconsent, shallbe eﬀecƟveunless,within 10days ofthe datehereof,said guarantorssign thisSubleasethereby givingtheir consenttothis Sublease.

8.3 In theevent thatMaster Lessordoesgive suchconsent then:
(a) Such consentshall notreleaseSublessor ofits obligaƟonsor altertheprimary liabilityof Sublessortopay theRent andperformand complywith allof the obligaƟons ofSublessor tobeperformed underthe MasterLease. (b) Theacceptance ofRent byMasterLessor fromSublessee oranyoneelse liableunder theMaster Leaseshallnot bedeemed awaiverby MasterLessor ofany provisionsof theMasterLease.
(c) Theconsent tothis Subleaseshallnot consƟtutea consentto anysubsequent subleƫng orassignment. (d) Inthe eventof anyDefaultof Sublessorunder theMasterLease, MasterLessor mayproceed directlyagainstSublessor,anyguarantors oranyone elseliable underthe MasterLeaseor thisSublease without ﬁrst exhausƟngMasterLessor's remediesagainst anyotherperson or enƟty liablethereonto Master Lessor.
(e) Master Lessormayconsent tosubsequent subleƫngsand assignmentsofthe MasterLease orthisSublease orany amendmentsor modiﬁcaƟons theretowithout noƟfyingSublessor oranyone elseliable underthe MasterLeaseand withoutobtaining theirconsentand such acƟon shallnotrelieve suchpersons fromliability.
(f) In theeventthat Sublessorshall Defaultinits obligaƟonsunder theMasterLease, thenMaster Lessor,at its opƟonand withoutbeing obligatedtodo so,may requireSublessee to aƩornto MasterLessor inwhich eventMasterLessor shallundertake the obligaƟonsof Sublessor under thisSubleasefrom the Ɵme of 47 AGENDA ITEM NO. 7.
theexercise ofsaid opƟonto terminaƟon ofthis Subleasebut MasterLessorshall notbe liableforany prepaidRent noranySecurity Depositpaid bySublessee, nor shallMaster Lessorbe liableforany otherDefaults ofthe Sublessorunderthe Sublease. (g) Unless directlycontradicted byother provisionsofthis Sublease,the consentofMaster Lessorto thisSubleaseshall not consƟtute anagreement to allowSublessee toexercise any opƟonswhich mayhave beengranted toSublessor in theMaster Lease(seeParagraph39.2of theMasterLease).

8.4 The signaturesof theMaster Lessorandany Guarantorsof Sublessoratthe endof thisdocumentshall consƟtutetheir consentto thetermsof this Sublease.

8.5 Master Lessoracknowledges that,to thebestof MasterLessor's knowledge,noDefault presentlyexists undertheMaster Leaseof obligaƟonsto be performedby Sublessorand thattheMaster Leaseis infull forceand eﬀect.

8.6 In theevent thatSublessor Defaultsunderits obligaƟonsto beperformedunder theMaster LeasebySublessor,MasterLessor agreesto deliverto Sublesseea copyof anysuch noƟce ofdefault. Sublessee shallhavethe rightto cureanyDefault ofSublessor describedinany noƟceof defaultif Sublesseedoesso withinthe samenumber ofdaysset forthin the noƟce ofdefaultgiven toSublessor. Ifsuch Defaultis curedbySublessee thenSublessee shallhave therightof reimbursementand oﬀsetfrom andagainstSublessor.

9. AddiƟonalBrokers Commissions.

9.1 Sublessor agreesthat ifSublessee exercisesany opƟon orright of ﬁrstrefusal asgranted bySublessorherein, orany opƟonor right substanƟallysimilar thereto,either toextend thetermof thisSublease, torenew thisSublease,to purchasethe Premises,orto leaseor purchaseadjacentproperty whichSublessor may ownor inwhich Sublessorhasan interest,then Sublessorshall paytoBrokerafee inaccordancewith theschedule ofBrokerin eﬀectat the Ɵme ofthe execuƟon of thisSublease. Notwithstanding theforegoing,Sublessor's obligaƟonunder thisParagraphislimitedto a transacƟon inwhichSublessor is acƟng asaSublessor,lessor orseller.

9.2 If aseparate brokeragefeeagreementis aƩached thenMaster Lessoragreesthat ifSublessee shallexerciseany opƟonor rightof ﬁrstrefusalgranted to Sublesseeby MasterLessor in connecƟonwith thisSublease, orany opƟonorright substanƟallysimilar thereto,eitherto extendor renewtheMaster Lease,to purchasethe Premisesor anypartthereof, orto leaseor purchaseadjacentproperty whichMaster Lessormayown orin whichMasterLessor hasan interest,or if Brokeris theprocuring causeofany otherlease orsale enteredintobetween Sublessee and MasterLessorpertaining tothe Premises,anypart thereof,or any adjacentproperty whichMaster Lessorownsor inwhich ithas aninterest,then asto anyofsaid transacƟons,Master Lessorshallpay toBroker afee, incash,in accordancewith theschedule aƩachedtosuch brokeragefee agreement.

9.3 Any feedue fromSublessor orMasterLessor hereundershall bedueand payableupon theexerciseof any opƟon toextend orrenew,upon the execuƟon ofany newlease, or,inthe eventof apurchase, attheclose ofescrow.

9.4 Any transfereeof Sublessor'sinterest inthisSublease, orof MasterLessor'sinterest inthe MasterLease,by accepƟngan assignmentthereof,shallbe deemedto haveassumed the respecƟve obligaƟons ofSublessor orMaster Lessorunderthis Paragraph9. Brokershall bedeemed tobea third-party beneﬁciary of thisparagraph 9.

10. RepresentaƟons and IndemniƟes ofBroker RelaƟonships. The ParƟeseachrepresent andwarrant tothe otherthatit hashad nodealingswith anyperson, ﬁrm,broker,agentor ﬁnder(otherthan theBrokersandAgents, ifany)in connecƟonwith thisSublease,and thatno oneotherthan saidnamed Brokersand Agentsis enƟtledto anycommission or ﬁnder'sfeein connecƟon herewith. SublesseeandSublessor doeach herebyagreeto indemnify,protect, defendandhold theother harmlessfrom andagainst liabilityfor compensaƟon orcharges whichmay beclaimedby anysuch unnamedbroker,ﬁnder orother similarpartyby reasonof any dealingsor acƟonsof theindemnifyingParty,includingany costs,expenses, aƩorneys'feesreasonably incurredwith respectthereto.

11. AƩorney's fees. IfanyParty orBroker bringsan acƟon orproceeding involvingthe Premiseswhetherfounded intort, contractorequity,orto declarerights hereunder,the PrevailingParty (as hereaŌer deﬁned) inany suchproceeding, acƟon,orappeal thereon,shall be enƟtledto reasonable aƩorneys' fees. Such feesmay beawarded inthe samesuitor recoveredin aseparate suit,whetheror notsuch acƟonorproceeding ispursued todecisionor judgment. Theterm, "Prevailing Party"shall include,without limitaƟon,aParty orBrokerwho substanƟally obtainsordefeats therelief sought,asthe casemay be,whetherby compromise, seƩlement,judgment, orthe abandonmentbythe otherParty orBroker ofitsclaim ordefense. The aƩorneys' feesaward shallnotbe computedin accordancewith anycourt feeschedule, butshallbe suchas tofully reimburseall aƩorneys' feesreasonably incurred. In addiƟon,Sublessor shallbe enƟtled to aƩorneys' fees,costs andexpenses incurredin the preparaƟonand serviceof noƟcesof Defaultand consultaƟons inconnecƟon therewith,whetheror nota legal acƟonis subsequently commencedin connecƟonwith suchDefaultor resulƟngBreach ($200is areasonableminimum peroccurrence forsuchservices and consultaƟon).

12. No Prioror OtherAgreements;Broker Disclaimer. ThisSubleasecontains allagreements betweenthe ParƟeswithrespect toany maƩer menƟonedherein, and noother prioror contemporaneousagreementor understandingshall be eﬀecƟve. Sublessorand Sublesseeeach representsandwarrants tothe Brokersthatit has made,and isrelying solelyupon,its own invesƟgaƟonasto thenature,quality,characterand ﬁnancialresponsibilityof theother Partytothis Subleaseand asto the use,nature, qualityand characterofthe Premises. Brokershave noresponsibilitywith respectthereto orwithrespect toany defaultorbreach hereofby eitherParty.

Theliability (including court costsand aƩorneys' fees),of anyBroker withrespectto negoƟaƟon, execuƟon, deliveryorperformance byeither SublessororSublessee underthis Subleaseor anyamendmentor modiﬁcaƟonhereto shallbe limitedtoan amountup tothefeereceivedby suchBrokerpursuant tothis Sublease; provided,however,thatthe foregoing limitaƟonon eachBroker's liabilityshall notbeapplicable toany grossnegligenceor willfulmisconduct ofsuchBroker.

Signaturesto thisSublease accomplishedbymeans ofelectronic signatureor similartechnologyshall belegal andbinding.

13. Accessibility; Americanswith DisabiliƟesAct.
(a) The Premises:
havenot undergonean inspecƟonbya CerƟﬁedAccess Specialist(CASp). Note:A CerƟﬁedAccess Specialist(CASp)can inspectthe subjectpremisesand determinewhether thesubject premisescomplywith allof theapplicable construcƟon-relatedaccessibilitystandards understate law.Althoughstate lawdoes not requirea CASp inspecƟon ofthesubject premises,the commercialproperty ownerorlessor maynot prohibitthelessee ortenant fromobtaininga CASp inspecƟon of thesubject premisesfor theoccupancyor potenƟaloccupancy ofthe lesseeortenant, ifrequested bythelessee ortenant. The parƟesshall mutuallyagree onthe arrangementsfor the Ɵme andmannerof theCASp inspecƟon,the paymentofthe feefor theCASpinspecƟon, andthe costofmaking anyrepairs necessaryto correct violaƟons of construcƟon-related accessibilitystandardswithin thepremises. haveundergone an inspecƟon bya CerƟﬁed AccessSpecialist (CASp)and itwasdetermined thatthe Premisesmetall applicable construcƟon-related accessibility standardspursuant toCalifornia CivilCode§55.51 etseq. Lesseeacknowledgesthat itreceived acopyof the inspecƟon reportatleast 48hours priorto execuƟng thisLease andagrees tokeepsuch report conﬁdenƟal.
haveundergone an inspecƟon bya CerƟﬁed AccessSpecialist (CASp)and itwasdetermined thatthe Premisesdidnot meetall applicable construcƟon-related accessibilitystandards pursuantto CaliforniaCivilCode §55.51et seq. Lesseeacknowledges thatit receivedacopy ofthe inspecƟonreportat least48 hoursprior to execuƟngthis Leaseand agreestokeep suchreport conﬁdenƟalexcept asnecessaryto completerepairs and correcƟonsof violaƟonsof construcƟonrelated accessibilitystandards.

Inthe eventthat thePremiseshave beenissued an inspecƟon reportbya CASpthe Lessorshallprovide acopy ofthedisability access inspecƟon cerƟﬁcateto Lessee within7 daysof the execuƟonof thisLease.
(b) Sincecompliance withthe Americanswith DisabiliƟes Act(ADA) andotherstate andlocal accessibilitystatutes aredependentupon Lessee's speciﬁc useof thePremises, Lessormakesno warrantyor representaƟonas towhetheror notthe Premisescomplywith ADAor anysimilar legislaƟon. In theevent that Lessee'suse ofthe Premisesrequires modiﬁcaƟons or addiƟons tothe Premisesinorder tobe incompliancewith ADAor otheraccessibilitystatutes, Lesseeagrees to makeany suchnecessary modiﬁcaƟonsand/or addiƟons atLessee's expense.

ATTENTION:NO REPRESENTATIONOR RECOMMENDATIONISMADE BYAIR CREOR BYANYREAL ESTATEBROKER ASTOTHE LEGALSUFFICIENCY,LEGALEFFECT,OR TAXCONSEQUENCES OFTHIS SUBLEASEORTHE TRANSACTIONTOWHICHIT RELATES. THE PARTIESARE URGEDTO:

1. SEEKADVICE OFCOUNSELAS TOTHE LEGALANDTAXCONSEQUENCESOF THISSUBLEASE.

2. RETAINAPPROPRIATECONSULTANTSTOREVIEW ANDINVESTIGATETHECONDITIONOF THEPREMISES. SAID INVESTIGATIONSHOULDINCLUDE BUTNOT BE LIMITEDTO: THE POSSIBLEPRESENCEOF HAZARDOUS SUBSTANCES,THEZONING OFTHEPROPERTY,THESTRUCTURAL INTEGRITY,THECONDITION OFTHE ROOF ANDOPERATING SYSTEMS,AND THESUITABILITYOF THEPREMISES FORSUBLESSEE'S INTENDEDUSE.

WARNING: IFTHE SUBJECTPROPERTYIS LOCATEDIN ASTATEOTHERTHANCALIFORNIA, CERTAINPROVISIONS OFTHESUBLEASE MAYNEED TOBEREVISED TO COMPLYWITH THELAWS OFTHESTATEINWHICH THEPROPERTY ISLOCATED.

AsanindependentlyownedandoperatedmemberofColliers,ColliersTingeyInternational,Inc.is 48 AGENDA ITEM NO. 7.
solelyresponsibleforanyliabilityfromthisagreement.

ExecutedAt:

On:

BySublessor:

Pro Ag Management, Inc., an Illinois
Corporation
By:

NamePrinted: Alexander Ludlow
Title: Vice President & Secretary
Phone: 713-996-1219
Fax: 800-852-4497
Email: [email protected] (Debbie Pound)
By:

NamePrinted:

Title:

Phone:

Fax:

Email:

Address: 13403 Northeast Freeway, Houston, TX
77040
FederalID No.:

ExecutedAt: Clovis, CA
On:

BySublessee:

City of Clovis, a California Municipal
Corporation
By:

NamePrinted: John Holt
Title: City Manager
Phone:

Fax:

Email:

By:

NamePrinted:

Title:

Phone:

Fax:

Email:

Address: 1033 Fifth Street, Clovis, CA 93612
FederalID No.:

BROKER
Savills and Colliers Tingey International,
Inc
AƩn: Mike Catalano/Bobby Fena, SIOR
Title: Vice Chairman/SVP & Principal
Address: 7485 N. Palm Avenue, Suite 110,
Fresno, CA 93711
Phone: 559-221-1271
Fax: 559-222-8744
Email: [email protected]
FederalID No.:

BrokerDRE License#: Colliers: 00452468
AgentDRE License#: BF: 00590204
BROKER
Colliers Tingey International, Inc.

AƩn: Bobby Fena, SIOR
Title: SVP & Principal
Address: 7485 N. Palm Avenue, Suite 110,
Fresno, CA 93711
Phone: 559-221-1271
Fax: 559-222-8744
Email: [email protected]
FederalID No.:

BrokerDRE License#: 00452468
AgentDRE License#: 00590204
Consentto theabove Subleaseishereby given.

ExecutedAt:

ExecutedOn:

ByMaster Lessor:

Jamison Family Community Property Trust
established by the Jamison Family Trust
dated March 17, 2013, William O. Jamison
and Cinda L. Jamison, husband and wife, as
community property and Elizabeth Anne
Cardoza, a married woman as her sole and
separate property.

By:

NamePrinted: William O. Jamison
Title: Co-Trustee
Phone: 559-240-5586
Fax:

Email:

By:

NamePrinted: Cinda L. Jamison
Title: Co-Trustee
Phone:

Fax:

Email:

By______________________________
NamePrinted:ElizabethAnneCardoza
Title:Owner
Phone:559-999-9510
ExecutedAt:

ExecutedOn:

ByGuarantor:

By:

NamePrinted:

Title:

Address:

By:

NamePrinted:

Title:

Address:
49 AGENDA ITEM NO. 7.

Address:

FederalID No.:

AIRCRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: Nopart oftheseworks maybe reproducedin anyformwithout permissionin wriƟng. 50 AGENDA ITEM NO. 7.

DISCLOSUREREGARDINGREALESTATEAGENCY RELATIONSHIP
(Asrequired bythe CivilCode)
Whenyou enterinto adiscussionwith areal estateagent regardingareal estate transacƟon, youshouldfrom theoutset understandwhattype of agency relaƟonship or representaƟon youwish tohavewith theagent inthe transacƟon.

SELLER'SAGENT
ASeller's agentunder a lisƟngagreement withthe Selleracts astheagent forthe Selleronly. ASeller's agentora subagentof thatagent hasthefollowing aﬃrmaƟve obligaƟons:

Tothe Seller:A ﬁduciarydutyof utmostcare, integrity,honesty andloyaltyin dealingswith theSeller.

Tothe Buyerand theSeller:
(a) Diligent exerciseof reasonableskilland carein performanceof theagent's duƟes. (b) Aduty ofhonest andfairdealing andgood faith.
(c) Aduty todisclose allfactsknown tothe agentmaterially aﬀecƟngthevalue ordesirability oftheproperty thatare notknownto, orwithin thediligent aƩenƟon and observaƟon of,the parƟes.

Anagent isnot obligatedtoreveal toeither partyany conﬁdenƟal informaƟonobtained fromthe otherpartythat doesnot involvethe aﬃrmaƟve duƟesset forthabove.

BUYER'SAGENT
ABuyer's agentcan, withaBuyer's consent,agree toact asagentfor theBuyer only. In thesesituaƟons, theagentis notthe Seller'sagent, evenifby agreementthe agentmay receive compensaƟon forservices rendered, eitherin fullor inpartfrom theSeller. Anagent acƟngonly foraBuyer hasthe following aﬃrmaƟve obligaƟons:

Tothe Buyer:A ﬁduciarydutyof utmostcare, integrity,honesty andloyaltyin dealingswith theBuyer.

Anagent isnot obligatedtoreveal toeither partyany conﬁdenƟal informaƟonobtained fromthe otherpartythat doesnot involvethe aﬃrmaƟve duƟesset forth above.

AGENTREPRESENTING BOTHSELLER ANDBUYER
Areal estateagent, either acƟngdirectly orthrough oneor moresalespersonand brokerassociates, canlegallybe theagent ofboththe Sellerand theBuyer ina transacƟon,but onlywith theknowledgeand consentof boththe Sellerandthe Buyer.

Ina dualagency situaƟon,theagent hasthe following aﬃrmaƟve obligaƟonstoboth theSeller andtheBuyer:
(a) A ﬁduciaryduty ofutmostcare, integrity,honesty andloyalty inthedealings witheither theSelleror theBuyer. (b) Other duƟes tothe Sellerandthe Buyeras statedabovein their respecƟve secƟons.

In represenƟng bothSeller andBuyer,a dualagent maynot, withouttheexpress permissionof the respecƟveparty,discloseto theotherparty conﬁdenƟal informaƟon,including, butnot limitedto,facts relaƟngto eitherthe Buyer'sorSeller's ﬁnancial posiƟon, moƟvaƟons,bargaining posiƟon, orother personal informaƟonthat mayimpact price,includingthe Seller'swillingness toaccept apriceless thanthe lisƟngpriceor theBuyer's willingnesstopay aprice greaterthan theprice oﬀered.

SELLERAND BUYERRESPONSIBILITIES
Eitherthe purchaseagreement oraseparate documentwill containa conﬁrmaƟonofwhich agentis represenƟngyouand whetherthat agentis represenƟng you exclusivelyin the transacƟon or acƟngas adual agent. Pleasepay aƩenƟon tothat conﬁrmaƟontomake sureit accurately reﬂectsyour understandingof youragent's role. Theabove duƟesofthe agentin areal estate transacƟondo notrelieve aSelleror Buyerfrom theresponsibility to protecthis orher owninterests. Youshould carefullyread allagreements toassurethat theyadequately expressyour understandingofthe transacƟon. Arealestateagentis aperson qualiﬁed toadvise about realestate. If legalortax adviceis desired,consult acompetentprofessional. If youarea Buyer,you havetheduty toexercise reasonablecare toprotectyourself, includingas tothose factsaboutthe propertywhich areknown toyouor withinyour diligent aƩenƟonand observaƟon. BothSellersand Buyersshould strongly considerobtaining taxadvice fromacompetent professionalbecause thefederal andstatetax consequencesof a transacƟoncan becomplex andsubjectto change.

Throughoutyour realproperty transacƟonyoumay receivemore thanone disclosureform,depending uponthe numberofagents assisƟngin the transacƟon. The lawrequires eachagent withwhomyou havemore thana casual relaƟonshipto presentyou withthisdisclosure form. Youshouldread itscontents each Ɵme itis presentedto you,considering the relaƟonshipbetween youand thereal estateagentin your speciﬁc transacƟon. This disclosureform includestheprovisions of SecƟons2079.13 to2079.24, inclusive,ofthe CivilCode setforth onpage2. Readit carefully. I/WE ACKNOWLEDGERECEIPT OFACOPY OFTHIS DISCLOSUREAND THEPORTIONS OFTHE CIVILCODEPRINTED ONTHE BACK(OR ASEPARATEPAGE).

Buyer Seller
SubLessor
Lessee
Date:

Buyer Seller Lessor Sub
Lessee Date:

Agent: Colliers Tingey International, Inc. DRELic.#: 00452468 Real EstateBroker (Firm)
By: DRELic. #: 00590204 Date:
(Salespersonor Broker-Associate)BobbyFena,
SIOR
Broker:Savills
By_________________
MikeCatalano
Date:__________
THISFORM HASBEEN PREPAREDBYAIR CRE. NOREPRESENTATIONISMADEAS TOTHE LEGALVALIDITYOR ADEQUACYOF THISFORMFOR ANYSPECIFIC TRANSACTION. PLEASESEEK LEGALCOUNSELAS TOTHE APPROPRIATENESSOF THISFORM. 51 AGENDA ITEM NO. 7.

DISCLOSUREREGARDINGREALESTATEAGENCYRELATIONSHIP
CIVILCODESECTIONS2079.13THROUGH2079.24(2079.16APPEARSONTHEFRONT) 2079.13.As usedin SecƟons2079.7and 2079.14to 2079.24,inclusive, thefollowingterms havethe followingmeanings:
(a) “Agent”means aperson acƟng underprovisions ofTitle 9 (commencingwith SecƟon 2295)in areal property transacƟon,and includesa person whois licensedas a realestate broker underChapter 3 (commencing with SecƟon 10130) ofPart 1 ofDivision 4 ofthe Business and ProfessionsCode, and underwhose license a lisƟng is executed or an oﬀerto purchase is obtained. The agent in the real property transacƟon bears responsibility for that agent's salespersons or brokerassociates who perform asagents ofthe agent.When asalesperson orbroker associateowes aduty toany principal,or toany buyeror sellerwho isnot aprincipal, ina realproperty transacƟon, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate funcƟons. (b) “Buyer”means a transfereein a real property transacƟon, and includes a person who executesan oﬀer to purchase real property from a seller through an agent, or who seeks the services of anagent in more thana casual, transitory,orpreliminary manner,with theobject of entering intoa real property transacƟon.“Buyer”includes vendee or lessee of real property.(c) “Commercialreal property”means all realproperty in the state, except (1) single-family residenƟal real property,(2) dwelling units made subject to Chapter 2 (commencing with SecƟon 1940) of Title 5, (3) a mobile home, as deﬁned in SecƟon 798.3, (4) vacant land, or (5) a recreaƟonal vehicle, as deﬁned in SecƟon 799.29. (d) “Dualagent”means an agent acƟng, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transacƟon. (e) “LisƟng agreement”means a wriƩen contract between a seller of real property and an agent, by which the agent has been authorized to sell thereal property or to ﬁnd orobtain a buyer,including rendering other servicesfor which a real estatelicense isrequired to the seller pursuant to the terms of theagreement. (f) “Seller'sagent”means a personwho has obtained a lisƟng of real propertyto act as an agent for compensaƟon.(g) “LisƟng price”is the amount expressed in dollars speciﬁed in the lisƟng for which the seller is willing to sell the real property through the seller's agent. (h) “Oﬀering price”is the amount expressed in dollars speciﬁedin an oﬀer to purchase for which thebuyer is willing to buy the real property.(i) “Oﬀer to purchase”means a wriƩen contract executed by a buyer acƟng through a buyer's agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) “Realproperty” means any estate speciﬁed by subdivision (1) or (2) of SecƟon 761 in property,and includes (1) single-family residenƟal property,(2) mulƟ-unit residenƟal property with more than four dwelling units, (3) commercial real property,(4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as deﬁned in SecƟon 18007 of the Health and Safety Code, or a mobile home as deﬁned in SecƟon 18008 of the Health and Safety Code, when oﬀered for sale or sold throughan agentpursuant tothe authoritycontainedin SecƟon10131.6 oftheBusiness andProfessions Code.(k) “Realproperty transacƟon” meansa transacƟonfor the sale of real property in which an agent is retained by a buyer, seller,or both a buyer and seller to act in that transacƟon, and includes a lisƟng or an oﬀer to purchase. (l) “Sell,”“sale,”or “sold”refers to a transacƟon for the transfer of real property from the seller to the buyer and includes exchanges of real property between theseller andbuyer, transacƟons forthe creaƟonof a realproperty salescontract within themeaning of SecƟon 2985, and transacƟons forthe creaƟon ofa leasehold exceedingone year's duraƟon. (m) “Seller”means thetransferor in areal propertytransacƟon and includesan ownerwho lists realproperty withan agent, whether or not a transfer results, or who receives an oﬀer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includesboth avendor andalessor ofreal property.(n) “Buyer'sagent”means anagent whorepresentsa buyerin arealproperty transacƟon. 2079.14. A seller's agent and buyer's agent shall provide the seller and buyer in a real property transacƟon with a copy of the disclosure form speciﬁed in SecƟon 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer,except as provided in SecƟon 2079.15, as follows: (a) The seller's agent, if any,shallprovide the disclosure formto the seller priorto entering into the lisƟng agreement. (b) Thebuyer's agent shall providethe disclosure form tothe buyer as soonas pracƟcableprior to execuƟon ofthe buyer's oﬀer topurchase. Ifthe oﬀer topurchase isnot preparedby thebuyer's agent,the buyer'sagentshall presentthe disclosureform tothe buyernotlater thanthe nextbusiness day aŌerreceiving the oﬀer topurchasefrom thebuyer. 2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to SecƟon 2079.14, the agent shall set forth, sign, anddate a wriƩen declaraƟonofthe factsof therefusal.
2079.16 Reproducedon Page1 ofthis ADform.
2079.17(a) As soon as pracƟcable, the buyer's agent shall disclose to the buyer and seller whetherthe agent is acƟng in the real property transacƟon as the buyer's agent, or as a dual agent represenƟng both the buyer and the seller.This relaƟonship shall be conﬁrmed in the contract to purchase and sell real property or in a separate wriƟngexecuted or acknowledged bythe seller,the buyer,and the buyer's agentprior to or coincidentwith execuƟon of thatcontract by the buyerand the seller, respecƟvely. (b) As soon as pracƟcable, the seller's agent shalldisclose to the seller whether the seller's agent is acƟng in the real property transacƟon as the seller's agent, oras a dual agent represenƟng both the buyer andseller.This relaƟonship shall be conﬁrmed in the contractto purchase and sell realproperty or in a separate wriƟng executedor acknowledgedbythe sellerand theseller's agentpriorto orcoincident withthe execuƟon ofthat contractbythe seller. (C)CONFIRMATION: Thefollowing agency relaƟonshipsare conﬁrmedfor this transacƟon.

Seller'sBrokerageFirm DONOTCOMPLETE,SAMPLEONLY LicenseNumber Isthebrokerof(checkone): theseller; or boththebuyerandseller.(dualagent) Seller'sAgent DONOTCOMPLETE,SAMPLEONLY LicenseNumber
Is(checkone): theSeller'sAgent.(salespersonorbrokerassociate);or boththeBuyer'sAgentandtheSeller'sAgent. (dualagent) Buyer'sBrokerageFirm DONOTCOMPLETE,SAMPLEONLY LicenseNumber Isthebrokerof(checkone): thebuyer; or boththebuyerandseller.(dualagent) Buyer'sAgent DONOTCOMPLETE,SAMPLEONLY LicenseNumber
Is(checkone): theBuyer'sAgent.(salespersonorbrokerassociate);or boththeBuyer'sAgentandtheSeller'sAgent. (dualagent) (d)The disclosuresand conﬁrmaƟonrequiredby this secƟon shallbe in addiƟonto thedisclosure requiredby SecƟon 2079.14.An agent'sdutyto providedisclosure and conﬁrmaƟon of representaƟon inthis secƟon maybe performedby arealestatesalespersonor brokerassociate aﬃliated withthat broker. 2079.18(Repealed pursuantto AB-1289,2017-18California LegislaƟvesession) 2079.19The paymentof compensaƟonorthe obligaƟonto pay compensaƟon toanagent bythe sellerorbuyer isnot necessarily determinaƟveof a parƟcular agency relaƟonshipbetween anagent andtheseller orbuyer.A lisƟng agentanda sellingagent mayagreeto shareany compensaƟonorcommission paid,or anyright toany compensaƟonor commissionfor whichan obligaƟon arisesas theresult ofareal estate transacƟon, andtheterms ofany suchagreementshall notnecessarily be determinaƟveof a parƟcular relaƟonship.
2079.20Nothing inthis arƟclepreventsan agentfrom selecƟng,as a condiƟonof theagent's employment,a speciﬁc formof agency relaƟonshipnot speciﬁcally prohibitedby this arƟcle iftherequirements of SecƟon 2079.14and SecƟon2079.17are compliedwith. 2079.21(a) Adual agentmaynot, withoutthe expresspermission oftheseller,discloseto thebuyerany conﬁdenƟal informaƟon obtainedfromthe seller.(b) Adual agentmay not,without theexpresspermission ofthe buyer,disclose totheseller any conﬁdenƟal informaƟonobtainedfrom thebuyer.(c) “ConﬁdenƟal informaƟon” meansfacts relaƟngto theclient's ﬁnancial posiƟon, moƟvaƟons, bargaining posiƟon, orotherpersonal informaƟonthat mayimpactprice, suchas theselleris willing toaccept aprice lessthanthe lisƟngprice orthe buyeriswilling topay apricegreater thanthe price oﬀered.(d) This secƟon doesnot alterinany waythe dutyor responsibilityof adual agenttoany principalwith respectto conﬁdenƟal informaƟonother thanprice. 2079.22Nothing inthis arƟcleprecludesa seller'sagent fromalso beingabuyer's agent.If aselleror buyerin a transacƟonchooses tonot berepresented byan agent,that doesnot, ofitself,make thatagent adual agent. 2079.23(a) Acontract betweentheprincipal andagent maybe modiﬁedoraltered tochange theagency relaƟonship atany Ɵmebeforethe performanceof theact whichis theobject oftheagency withthe wriƩenconsent ofthe parƟes tothe agency relaƟonship. (b)A lenderoran aucƟoncompany retainedby alenderto controlaspects ofa transacƟonofreal propertysubject tothis part,including validaƟng thesales price,shallnot require,as a condiƟonof receivingthe lender's approvalof the transacƟon, thehomeowneror lisƟngagent todefend orindemnifythe lenderor aucƟoncompanyfrom anyliability allegedtoresult fromthe acƟons ofthe lenderor aucƟoncompany.Any clause,provision, covenant,or agreement purporƟngto imposean obligaƟontodefend orindemnify alenderor an aucƟon companyin violaƟonof thissubdivisionis againstpublic policy,void, andunenforceable. 2079.24Nothing inthis arƟcleshallbe construedto eitherdiminish thedutyof disclosureowed buyersandsellers byagents andtheirassociate licensees,subagents, andemployees orto relieveagentsand theirassociate licensees,subagents, andemployeesfrom liabilityfor theirconductin connecƟonwith actsgovernedby this arƟcleor forany breachofa ﬁduciaryduty ora dutyofdisclosure.

AIRCRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: Nopart oftheseworks maybe reproducedin anyformwithout permissionin wriƟng. 52 AGENDA ITEM NO. 7.
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EXHIBIT “A”

SITE PLAN

76 AGENDA ITEM NO. 7.

EXHIBIT “B”

FLOOR PLAN
1625 Shaw Avenue, Suite101
Rentable sf – 5,078 sf

Lessor’s Initials Sublessee’s Initials
________/________ ________/________

Broker's Initials Broker's Initials
________/________ ________/________
77 AGENDA ITEM NO. 7.

EXHIBIT "C"

RULES AND REGULATIONS

1. No sign, placard, picture, advertisement, name or notice shall be inscribed, displayed or printed or affixed on or to any part of the outside of the building without the written consent of Lessor first had and obtained and Lessor shall have the right to remove any such sign, placard, picture, advertisement, name or notice without notice to and at the expense of Sublessee.

All approved signs or le ttering on doors shall be printed, painted, affixed or inscribed at the expense of Sublessee by a person approved of by Lessor.

Sublessee shall not place anything or allow anything to be placed near the glass or any window, door, partition or wall which may appear unsightly from outside the Premises; provided, however, that Lessor may furnish and install a Building standard window covering at all exterior windows. Sublessee shall not without prior written consent of Lessor cause or otherwise sunscreen any window.

2. The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed by any of the Sublessees or used by them for any purpose other than for ingress and egress from their respective Premises.

3. Sublessee shall not alter any lock or install any new or additional locks or any bolts on any doors or windows of the Premises without first obtaining Lessor’s consent.

4. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed and no foreign substance of any kind whatsoever shall be thrown therein and the expense of any breakage, stoppage or damage resulting f rom the violation of this rule shall be borne by the Sublessee who, or whose employees or invitees shall have caused it.

5. Sublessee shall not overload the floor of the Premises or in any way deface the Premises or any part thereof.

6. Sublessee shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used In a manner offensive or objectionable to the Lessor or other occupants of the Building by reason of noise, odors and/or vibrations, or interfere in any way with other Sublessees or those having business therein, nor shall any animals or birds be brought in or kept in or about the Premises or the Building.

7. No major commercial cooking shall be done or permitted by an y Sublessee on the Premises, nor shall the Premises be used for the sto rage of merchandise, for washing clothes, for lodging, or for any improper, objectionable or immoral purposes. Microwave cooking is allowed.

8. Sublessee shall not use or keep in the Premis es or the Building any kerosene, gasoline or inflammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by Lessor.

9. Lessor will direct electricians as to where and how telephone, computer or fiber optic wiring is to be introduced. No boring or cutting for wires will be allowed without the consent of the Lessor.

10. Lessor reserves the right to exclude or expel from the Building any person who, in the judgment of Lessor, is intoxicated or under the influence of liquor or drugs, or who shall, in any manner, do any act in violation of any of the rules and regulations of the Building.

11. No vending machine or machines of any description shall be installed, maintained or operated upon the Premises without the written consent of the Lessor.

12. Sublessee shall not disturb, solicit, or canvass any occupant of the building and shall cooperate to prevent same.

13. Without the written consent of Lessor, Sublessee shall not use the name of the Building in connection with or in promoting or advertising the business of Sublessee except as Sublessee's address.

14. Lessor shall have the right to control and operate the public portions of the Building, and the public facilities, and heating and air conditioning, as well as facilities furnished for the common use of the Sublessees, in such manner, as it deems best for the benefit of the Sublessees generally.

15. All entrance doors in the Premises shall be left locked when the Premises are not in use, and all doors opening to public corridors shall be kept closed except for normal ingress and egress from the Premises. 78 AGENDA ITEM NO. 7.

ADDENDUMS TO LEASE

14. Rent Schedule:

Month 1-12: $9,648.00/mo., NNN
Month 13-23: $9,953.00/mo., NNN

15. Option to Extend:

Providing that Sublessee is not in default of its sublease with Sublessor, Master Lessor, as part of its consent to the proposed Sublease Agreement, agrees to provide Sublessee with options to enter into a direct lease with Master Lessor and remain in the Building for three consecutive one (1) year periods (or longer terms if desired between the parties). If Sublessee elects to exercise the options, Sublessee will agree to provide Master Lessor with at least six (6) months written notice prior to the current expiration Sublessor’s lease term, or the expiration date of the subsequent one year extensions. If Sublessee exercises its option to extend as described above, then Master Lessor agrees to draft a new lease agreement, effective June 1, 202 5, between Master Lessor and the City of Clovis as a direct Sublessee. The rental rate for each extension option shall be renegotiated between the parties and mutually agreed upon, based upon the current fair market rental rates for professional office space in the Clovis submarket area at that time.

16. Existing Furniture, Fixtures and Equipment (F.F.&E.):

Per the lease between Sublessor and Lessor, Suble ssor has a right to utilize all of the FF&E that is owned by Lessor, presently located in the Premises. Sublessor also owns a portion of the FF&E in the Premises (defined herein as the “FF&E”). Sublessor shall allow Sublessee to utilize the FF&E at no additional cost to Sublessee. Sublessee, at Sublessee’s expense, agrees to maintain and or repair any damage caused by Sublessee to said FF&E, throughout the Sublease Term.

17. Interior Improvements:

In conjunction with the base rent schedule described above, Sublessor, at Sublessor’s expense, agrees to provide Sublessee with the following:

1. Ensure that all Building Operating Systems such as HVAC, lighting, electrical, ceiling, fire sprinklers & plum bing, and sh all be in proper working order upon Sublessee’s occupancy within the Premises.

2. The space shall be professionally clea ned, including all existing floor coverings, prior to Sublessee’s occupancy within the Premises.

3. Install three (3) full height doors, matching the other pri vate office doors within the suite.

These shall be installed in the three private offices marked as “Existing Furniture”, in red on the attached Exhibit “B” Floor Plan.

AGREED & ACCEPTED:

“SUBSUBLESSEE” “SUBLESSOR”
City of Clovis, a California Municipal Pro Ag Management, Inc., an Illinois Corporation Corporation

By: By: ______________________________
John Holt, City Manager Alexander Ludlow
Vice President & Secretary

Executed _____ Executed: ___________________________

“MASTER LESSOR”
Jamison Family Community Property Trust Corporation

By:

William O. Jamison, Co-Trustee

By: _____________________________
Cinda L. Jamison, Co-Trustee

By: _____________________________
Elizabeth Anne Cardoza
Executed _____
79 AGENDA ITEM NO. 7.

COMMERCIAL REAL PROPERTY DISCLOSURES
(COMMERCIAL LEASE)
COLLIERS TINGEY INTERNATIONAL, INC.

Property Address: 1625 Shaw Avenue, Clovis, CA
SubSublessee: City of Clovis, a California Municipal Corporation Broker: Colliers International

The purpose of this document is to explain the limited scope of Colliers Tingey International, Inc.’s (“Colliers Tingey”) and Savills Studley (“SS”) duties and responsibilities to Sublessee, as well as provide certain disclosures related to this commercial lease transaction:

1. Scope of Duties. Sublessee hereby acknowledges and agrees that Colliers Tingey/SS: (i) does not decide what rent Sublessee should pay or the rent Lessor should accept as rent for the Property; (ii) does not guarantee the condition of the Property; (iii) does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by the Lessor or any other third parties; (iv) does not have an obligation to conduct an inspection of the Property; (v) shall not be responsible for identifying defects on the Property; (vi) shall not be responsible for verifying square footage, representations of others or information contained in investigation reports, advertisements, flyers or other promotional material; (vii) shall not be responsible for providing legal, tax or financial advice regarding any aspect of a transaction entered into by Sublessee and the Lessor; and (viii) shall not be responsible for providing other advice or informati on that exceeds the knowledge, education and experience required to perform real estate licensed activity. Sublessee agrees to seek legal, tax, insurance, title, financial and other desired assistance from appropriate professionals.

2. Sublessee to Obtain Inspections. Sublessee is responsible to have the Property thoroughly inspected and is responsible to ask its experts what investigations and evaluations may be appropriate, as well as the risks of not performing any such investigations or evaluations.

3. Earthquake Safety. Earthquakes occur throughout California.

Colliers Tingey/SS owes no duty to inspect for earthquake weaknesses, or geol ogical or seismic hazards.

Tenant acknowledges receipt of a copy of “The Commercial Property Owner’s Guide to Earthquake Safety.” Colliers Tingey/SS is not required to provide Sublessee with any information concerning earthquake safety or other related issues. Sublessee should have its experts confirm whether the Property is in any earthquake zone and otherwise investigate and evaluate these matters.

4. Flood Zones. The Property may or may not be located in a flood zone. Whether or not the Property is loc ated in a flood zone, properties can be subject to flooding and moisture problems, especially properties on a slope or in low -lying a reas or in a dam inundation zone.

Sublessee should have its experts confirm whether the Property is in a flood zone and otherwise investigate and evaluate these matters.

5. Hazardous Materials/Underground Storage Tanks. The Property may have hazardous or und esirable metals (including lead -based paint), minerals (including asbestos), chemicals, hydrocarbons, petroleum-related compounds, or biological or radioactive/emissive items (including electrical and magnetic fields) in soils, water, building components, above or below-ground tanks/containers or elsewhere in areas that may or may not be accessible or noticeable. Such item s may leak or otherwise be released. Asbestos has been used in items such as fireproofing, heating/cooling systems, insulation, spray-on and tile acoustical materials, floor tiles and coverings, roofing, drywall and plaster. Sublessee should have its experts investigate and evaluate these matters.

6. Fires. The Property may be located within a high fire risk hazard zone or wildland zone that the state does not have responsibility to provide fire protection services to and may contain substantial fire risks. Sublessee should have its experts confirm the Property’s fire risks and otherwise investigate and evaluate these matters.

7. Mold. Colliers Tingey/SS is not qualified to advise Sublessee on the existence of any mold on or near the Property or the health and safety risks related to mold exposure. Sublessee is encouraged to obtain the services of a qualified and experienced professional to conduct ins pections and tests regarding any and all mold issues which may affect the Property. Sublessee hereby acknowledges and agrees that Colliers Tingey/SS is not responsible for any required remediation and/or any resulting damages related to mold.

8. Zoning/Licenses/Permits. Sublessee is solely responsible to ascertain whether the Property is suitable for its intended use and to obtain any necessary permits or licenses related to the Property. Colliers Tingey/SS recommends that Sublessee obtain written confirmation regarding the status of the Property from any and all appropriate zoning and licensing agencies. Sublessee should have its experts review any and all zoning, licensing and permit issues. 80 AGENDA ITEM NO. 7.

9. Americans with Disabilities Act (ADA) . The Americans With Disabilities Act and other federal, state and local requirements may require changes to the Property. Sublessee should have its experts investigate and evaluate these mat ters.

10. Mandatory Accessibility Disclosure for Commercial Leases .

Pursuant to California Civil Code S ection 1938, each lease or rental agreement for commercial property executed on or after July 1, 2013 must state whether the property being leased or rented has undergone inspection by a Certified Access Specialist (CASp), and, if so, whether the property has or has not been determined to meet all applicable construction -related accessibility stan dards. Sublessee should have its experts investigate and evaluate these matters.

11. Taxes. Sales, leases and other real estate transactions can have federal, state and local tax consequences. Sublessee should have its experts investigate and evaluate these matters.

12. Energy Use Disclosure for Commercial Leases . Pursuant to the California Nonresidential Building Energy Use Disclosure Program (AB1103), owners of nonresident ial buildings must obtain and disclose, prior to any lease or lease renewal of the enti re building, the energy use data for the building for the prior twelve (12) months, together with information regarding the building’s operating characteristics and ENER GY STAR Performance Score. Disclosure is required to be made to the prospective or existing Sublessee no later than twenty-four (24) hours prior to the execution of a lease or lease renewal. This disclosure is required for entire buildings with a total gross floor area of Ten Thousand (10,000) square feet or more until December 31, 2015. Af ter that date, AB 1103 has been replaced and there is no statewide energy use disclosure requirement in 2016. This requirement does not apply to leases of less than the entire building. Sublessee should have its experts investigate and evaluate these matte rs.

13. Verify Third Party Information. Any and all information regarding the Property supplied by Colliers Tingey /SS has been received from third party sources and has not been independently verified or analyzed by Colliers Tingey/SS. It is strongly recommended that Sublessee and its experts verify and analyze all information regarding the Property, including any linear or area measurements and the availability of all utilities. All work should be inspected and evaluated by Sublessee and Sublessee’s experts. Colliers Tingey/SS and its brokers are not experts (nor can they determine if any expert is qualified) to provide advice on legal, tax, design, ADA, engineering, construction, soils , title, survey, fire/life safety, insurance, hazardous materials, or other matters. These areas require special education and, generally, special licenses not possessed by Colliers Tingey/SS. Sublessee is responsible to consult with its experts regarding these matters. Further, any opinions or other comments which may be p rovided by Colliers Tingey /SS regarding the Property shall not be relied on by Sublessee. Sublessee is responsible for gathering and evaluating the information regarding the Property and making an appropriate investment decision. Sublessee understands that there is risk associated with any investment decision.

ACKNOWLEDGED AND AGREED TO:

City of Fresno

Sublessee:_____________________________________ Date:________________ John Holt, City Manager

81 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Administration
DATE: June 5, 2023
SUBJECT: Administration – Approval – Waive Formal Bidding Requirements and Authorize a Service Contract with The Lew Edwards Group to Conduct Polling and Feasibility Analysis of Revenue Options for $49,400.

ATTACHMENTS: 1. The Lew Edwards Group Proposal

RECOMMENDATION
For the City Council to waive the City’s formal bidding requirements and authorize a service contract with The Lew Edwards Group to conduct polling and feasibility analysis of revenue options for $49,400.

EXECUTIVE SUMMARY
On April 3, 2023, City Council directed staff to include funds in the 2023 -24 Budget for a consultant to conduct polling and a feasibility analysis for a potential measure that would increase revenues for the City. There are a limited number of qualified consultants with the needed expertise and experience in Clovis and the region. Staff reviewed proposals from two pollsters and only found one consultant that would fully analyze feasibility based on the polling work. Due to the limited pool of consultants , a bid-based process was not feasible. Based on this, staff is recommending City Council to waive the City’s formal bidding requirements and authorize a contract with The Lew Edwards Group to conduct polling and feasibility analysis of revenue options for $49,400 as per Section IV.C. of the City’s Purchasing Manual.

BACKGROUND
On February 13, 2023, the Clovis Police Department provided City Council an update on the department. It was the consensus of the Council to place an item on the agenda to discuss funding options t o be considered for a future election. In November 2021, the Clovis Police Department provided City Council a state of the department update noting the shortage of 82 AGENDA ITEM NO. 8.
staffing in the Police Department. Over the next six months, the Council appointed a 25 member Citizens’ Advisory Committee that met and provided Council feedback and recommendations.

A joint meeting was held between the Clovis City Council and the Citizens Advisory Committee on April 6, 2022. At that meeting, Chair Chris Casado and Vice Chair Greg Newman presented the findings of the Committee to Council. In summary: a majority of the Committee did not feel that the current Clovis Police Department staf fing and funding is adequate for Clovis to remain the safest city in the Valley ; a majority of the Committee agree that additional sworn police officers are needed over the next five years ; and a majority of the Committee agree d that if an increase in services and resources is pursued, it should be funded by some form of tax increase ballot measure. In 2022, City Council placed Measure B on the November ballot to increase the Transient Occupancy Tax from 10% to 12%. Measure B was approved by the voters wit h over two-thirds support generating an additional $500,000 - $800,000 per year going forward.

On April 3, 2023, Council directed staff to include $200,000 in funds in the 2023 -24 Budget for a consultant to conduct polling and a feasibility analysis for a potential measure that would increase revenues for the City. Staff has conducted outreach with other agencies to determine potential firms to conduct the task. Two polling firms were identified and a consultant that specializes in the analysis of the po lling that came as highly recommended. Staff interviewed the firms and proposals were submitted. Based on the interviews and the proposals submitted, the proposal from The Lew Edwards Group for $49,400 is recommended to be selected. The firm has deep and successful experience in the region and across the State of California on a variety of measures. Due to the limited number of firms , a waiver is required as per Section IV.C. of the City’s Purchasing Manual. The balance of the funds remaining will be ava ilable for any additional analysis or services needed to achieve Council direction.

FISCAL IMPACT
Funds were included in the proposed 2023-2024 City Council budget.

REASON FOR RECOMMENDATION
The Lew Edwards Group has submitted a proposal that will meet and exceed the Council’s direction on April 3, 2023. Due to the limited consultants in the market , an approval of waiving the purchasing guidelines is required.

ACTIONS FOLLOWING APPROVAL
The City Manager will execute the contract and work will begin J uly 1, 2023, with a goal of returning to Council in September of 2023 with the analysis.

Prepared by: Andrew Haussler, Assistant City Manager

Reviewed by: City Manager JH

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Proposal to Conduct Polling and
Analysis on a Potential 2024 Local
Funding Measure
City of Clovis
Contact: Catherine Lew, President (Lead Consultant)
The Lew Edwards Group, 5454 Broadway, Oakland CA 94618
510-594-0224 x 261
ATTACHMENT 1
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May 30 , 2023 921 -6711 FINAL

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May 30, 2023
Assistant City Manager Andy Haussler
City of Clovis
1033 Fifth Street
Clovis, CA 93612
Dear Andy:

Thank you for reaching out to The Lew Edwards Group (LEG) to potentially assist you on the City’s 2023 -2024 Polling Analysis needs. As we discussed, the City of Clovis was one of the first agencies to reach out to LEG when we opened. Working with the City, LEG’s success in enacting Measure A resulted in one of the first enactments of its type in the Central Valley , transforming the City’s public safety services and setting the stage for countless others in the Valley to present similar measures to their communities with LEG’s support – thank you!

This is a joint proposal from LEG and FM3 Research (FM3), LEG’s long-standing opinion research partner. A third collaboration with the LEG/FM3 Team provides the City of Clovis with:
✓ The inclusion of a nationally recognized, award-winning Lead Consultan t with demonstrated success in the City of Clovis –LEG is a proven California leader in revenue ballot measures, having enacted over $41 Billion with a 95% success rate;

✓ A Lead Consultant with significant institutional knowledge and perspectives on the City, its local dynamics, demographic shifts, and factors affecting viability in 2024 with experience ena cting measures for the County of Fresno and the cities of Kingsburg, Reedley, Selma, and Sanger among others;

✓ The same team of Lead Consultant and Opinion Research firms who enacted the City’s Measure A; and

✓ A team that reflects the diversity of your City and the Valley with a hands-on, consensus-building management style and focused, enthusiastic, and committed dedication to the City’s needs.

Our team welcomes and is enthusiastic about serving the City once again.

Warmly,

[email protected]
510-594-0224 x 261w /510-332-7421m
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KEY CONSIDERATIONS
The City’s retention of a Lead Consultant at the initiation of efforts ensures a solid team in place that includes significant institutional knowledge of the City of Clovis, the greater Central and San Joaquin valleys, and most importantly, the statewide, regional, and local dynamics potentially facing th e City as it contemplates its local funding and potential ballot measure options going into 2024.

External Dynamics Potentially Affecting the City’s Planning

It is yet unclear how severe pocketbook issues and voter fears over the economy will be in 2024. If more banks collapse or teeter, or more importantly—the cost of living continues to rise, affecting basic groceries and gas, the environment will shift downward.

As it is a Presidential Year, additional statewide and regional items on the ballot should be anticipated by the City. Any State or regional measures that also ask for money may affect the City’s planning, something to watch for in the coming months.

And of course, the Business Roundtable-sponsored Taxpayer Protection Act is currently on the 2024 docket. As the City is aware, it has qualified. If there is a request the Roundtable is seeking in exchange for withdrawing their measure, as in two years past, that has yet to be determined. F urther, it is anti cipated that proponents are targeting regions like the Valley to advance their message—if they persist in doing so as expected, it may very well create a polarizing environment in your region in 2024.

These wildcard factors need to be planned for from the start of efforts, which is why LEG will not accept clients who have initiated and completed their surveys prior to our onboarding. It bears noting that LEG’s strongest enactment rates have been in crisis years such as the Great Recession, 9/11, the Enron Collapse affecting global markets, and COVID. Sample LEG cycle sheets are included in the Appendix to this Proposal.

Demographic Shifts in the City of Clovis
LEG has significant institutional records and files from its past collaborations with the City, an invaluable resource for any project moving forward. For example, the following demographic voter shifts over the past 13 years in the City are instructive:
▪ Total Registered voters have grown by 30,000 – a significant increase. ▪ The Democratic share of the vote has remained the same. ▪ The Republican share of the vote has declin ed by 10 points, and the No Party Preference (NPP) has increased by 10, making the views of NPP voters towards any City proposal highly relevant. ▪ Unlike other cities LEG represents, the City’s age 65+ share has increased by 7 points, a dynamic to be considered as this demographic group tends to be less supportive of revenue measures. Should the City choose to proceed with a March measure, this demographic will constitute 36% of vote share – a significant percentage.
▪ The Latino share of the vote has increased by 10 points, a helpful shift as this is a demographic that tends to be more supportive of these types of projects.
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LEG’s inherent, hands -on understanding of these shifts and historical knowledge of influencer and stakeholder positioning on these measures in your region and City will provide strong, nuanced project leadership and framing from the initiation of efforts.

REFRESHER ON THE TEAM
While LEG and FM3 have previously represented the City, the following are refreshers on our firms for those who have not worked with our organizations previously. LEG/FM3 –both considered California leaders in revenue generation—have extensive experience in the broad array of revenue mechanisms available to cities, including:

✓ General Purpose and Special Purpose Sales Taxes
✓ Parcel Taxes
✓ Utility User Taxes
✓ Community Facilities Districts
✓ Prop. 218 Measures for Sewer, Water, Landscape and/or Lighting Measures ✓ Cannabis Measures
✓ Transient Occupancy Measures
✓ Business License Tax Measures
✓ Joint agency revenue measures, including those requiring enabling legislation or LAFCO involvement ✓ Special District creation
✓ Threatened repeals to enacted 218 or voter-approved revenue measures Should the City be interested in a sales tax mechanism as one potential option, it bears noting that LEG is the California sales tax leader, with 156 enactments. A sheet of those specific enactments is included in the Appendix to this proposal.

About The Lew Edwards Group
LEG is a California corporation co -founded in 1997 by partners Catherine Lew and Lloyd E dwards. LEG is a nationally recognized , award -winning company in providing culturally competent communications, revenue generation, and strategic services to California public agencies and local governments, having served hundreds of them over the past two and a half decades. In 2016 and 2020, the firm had its biggest years ever, enacting 68 successful measures and campaign projects in each of those two years with 72 taken to the ballot each cycle. In the less active 2022 Gubernatorial year, LEG had 66 enac tments and wins. On the revenue generation side of its practice, LEG has enacted over $41 Billion with a 95% enactment rate.

Public agencies constitute more than two-thirds of LEG’s practice and LEG’s core team of seven professionals have served LEG’s client needs for years with expertise that includes oversight and analysis of polling, media, social media, and Internet communication; coalition building; revenue ballot measure needs; and more.

Experts from LEG are frequently sought after trainers and speakers for the League of California Cities, California Municipal Treasurers Association, California Society of Municipal Finance Officers, Local Government 88 AGENDA ITEM NO. 8.

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Commission, Institute for Local Governments, Municipal Management Association of Northern California, and others. LEG’s direct mail products have been recognized on multiple occasions in the prestigious national Pollie Awards, including awards for culturally competent, bilingual communications.

Besides the City of Clovis, LEG has extensive experience in Fresno County and the greater Central and San Joaquin valleys, including successful enactments for, among others:
✓ City of Arvin
✓ City of Atwater
✓ City of Bakersfield
✓ Central Union High School District
✓ City of Ceres
✓ Ceres Unified School District
✓ City of Chowchilla
✓ City of Dinuba
✓ City of Exeter
✓ County of Fresno
o Two measures for Fresno Chaffee Zoo
o One measure for Fresno County Library
✓ City of Galt
✓ City of Hollister
✓ County of Kern
✓ Kern Community College District
✓ City of Kingsburg
✓ City of Lathrop
✓ Lodi Unified School District
✓ City of Los Banos
✓ City of Manteca
✓ Manteca Unified School District
✓ City of Merced
✓ Merced City School District
✓ City of Porterville
✓ City of Reedley
✓ City of Ridgecrest
✓ Salinas Union High School District
✓ Spreckels School District
✓ City of Sanger
✓ City of Selma
✓ City of Stockton
✓ City of Taft
✓ County of Tulare
✓ City of Turlock
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✓ City of Visalia
✓ City of Wasco
✓ City of Wheatland
✓ County of Yuba

About FM3 Research
FM3 is a recognized leader in conducting survey research that helps California cities, counties, special districts, and other jurisdictions objectively evaluate the viability of passing local ballot measures to secure additional revenue. As evidence of the accuracy of its research, more than 95% of local revenue measures that have been placed before voters by FM3’s clients, under FM3’s advisement, have been approved. Furthermore, election results are generally within the margin of error of what FM3 surveys suggest will be the level of support on Election Day.

FM3 has worked successfully in 160+ California cities and other jurisdictions to develop strategies to pass revenue measures. FM3’s municipal clients represent a diverse cross -section of large and small cities and other jurisdictions, including suburban, urban, and rural communities, in every region of the state of California. In 2022 alone, FM3 helped more than 50 local governments across California win voter approval to fund important services for citizens.

FM3 is also no stranger to your community or the Fresno County region. In 2008, FM3 conducted two surveys for the City regarding a potential new sales tax, and in 1999 its research contributed to the passage of a $15 million public safety bond. FM3 has also provided research for the Clovis Unified School District’s three most recent successful school construction bond measures —the initial Measure A in March 2004 , the second Measure A in June 2012 , and the third Measure A in November 2020 . In Fresno County more broadly , FM3’s research has contributed to the successful passage of a variety of local funding measures for various jurisdictions. These include several countywide sales taxes; sales taxes in the cities of Reedley, Sanger, and Selma; and a transient occupancy tax in the City of Kingsburg.

Furthermore, FM3 has conducted research on bond measures for nearly every major local school and community college district in the County, including Fresno USD (four bonds), Sanger USD (four bonds), Kings Canyon USD, Firebaugh-Las Deltas USD , Caruthers USD (two bonds), Clovis USD (three bonds, as previously mentioned), Golden Plains USD, Coalinga-Huron JUSD, Fowler USD, and State Center CCD (two bonds). 90 AGENDA ITEM NO. 8.

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PROJECT TEAM LEADS
Should the City choose to retain our Team, the following would be your project leads. Each firm would assign a second specialist to add value to --not be in lieu of –the direct leadership of the Founding Principals of each firm.

Catherine Lew, LEG Co-Founder and Senior Consultant – Lead Consultant Catherine Lew, Co -Founder and Principal Consultant of The Lew Edwards Group, hails from Salinas, California. She is a premier consultant in California providing revenue enhancement measure preparation, project management, public sector marketing services and political strategy to cities, counties, special districts, transportation, K -14 education districts, and other public agencies, private sector, and nonprofit clients.

Lew has over 30 years of experience in the communications and electoral arena and is a veteran of more than 800 similar projects , specializing in difficult to pass revenue measures. In 2018, she was named by the Sacramento Bee as a California Influencer , joining selected statewide leaders in politics, policy, and government shaping the election dia logue through the Bee/McClatchy news mediums. Lew was the Lead Consultant on Measure A and has represented multiple clients throughout the greater Central and San Joaquin valleys, including the counties of Fresno, Merced, Sutter, Tulare, and Yuba; the cit ies of Arvin, Atwater, Bakersfield, Ceres, Chowchilla, Clovis, Dinuba, Kingsburg, Lathrop, Los Banos, Manteca, Porterville, Reedley, Sanger, Selma, Stockton, Taft, Tracy, Visalia, Wasco; the Fresno County Fire Protection District; San Joaquin-Delta Community College District; Sierra Kings Healthcare District; and the Ceres, Lodi and Manteca unified school districts among many others.

Lew prides herself on her firm’s excellent service to each LEG client, diverse agencies and organizations that range dramatically in size and scope of strategic needs. She has earned a reputation as one of the State’s most effective specialists on behalf of local government.

A graduate of the University of California, Berkeley and the University of San Francisco School of Law, Lew is also a member of the California State Bar, ensuring excellent team collaboration with client city attorneys from the initiation of efforts, to ensure that all strategies sponsored by public entities are within the bounds of legal permissibility. If retained as your Consultant, Catherine will function as Lead Consultant. 91 AGENDA ITEM NO. 8.

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John Fairbank, FM3 Co-Partner
As a founding partner of Fairbank, Maslin, Maullin, Metz & Associates , John Fairbank has 35+ years of experience in public opinion research and policy analysis, specializing in ballot measures and advising candidates on national, state, and local levels. He has consulted for clients in the areas of government, politics, education, business, nonprofits, and labor.

John has worked in 100+ California cities and counties to secure voter approval for billions of dollars in capital improvements and hundreds of millions more in ongoing operational funds through both dedicated and general -purpose tax measures. Furthermore, John has led nearly every project FM3 has conducted in Fresno County, including each of the projects the firm has worked on for the City of Clovis, the Clovis Unified School District and the State Center Community College District. His research has also been instrumental in securing the passage of nine countywide finance measures in Los Angeles County since 1996.

John has also worked as a consultant for both business and nonprofit sectors. He has worked for many leading companies and organizations including the Walt Disney Company , NBC/Universal, Airbnb, and Mercury Insurance. In the nonprofit sector, John has advised such organizations as The Nature Conservancy, the Trust for Public Land , the League of California Cities , the California Association of Realtors , California’s Coalition for Adequate School Housing (C.A.S.H.) , the Building Industry Association of California , and the California School Boards Association.

Education: John graduated from UCLA and serves as a Senior Fellow at the UCLA Luskin School of Public Affairs.

PROPOSED APPROACH AND ESTIMATED COSTS
Lead Project Services
With the input of all participants, LEG will develop meeting agendas and facilitate sessions to support the timely execution of this first phase of work commencing with July’s project launch, with the goal of presenting results to staff in August and to the City Council in September.

Specifically, LEG’s effective project management is based on the firm’s embrace of an integrated, multi - disciplinary professional approach that includes the City Attorney and other Executive Staff identified by you and City Manager John Holt, and other assigned profess ionals. The following are the core issues and agenda topics typically covered in a LEG-led launch:

▪ Overall project timeline and how our respective disciplines should be coordinated on the City’s behalf even at this initial phase, including legal issues pertaining to any ballot measure that appears on a March 92 AGENDA ITEM NO. 8.

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rather than November Municipal Election ballot; the drafting of the ballot question/s to be tested, the current FPPC environment, and the potential implications of the Taxpayer Protection Act ▪ Review of historical project dynamics, c urrent City demographics and the dynamics of an all -mail ballot election in a Presidential Year for a potentially higher profile City funding mechanism than your 2022 TOT ▪ Current voter views, priorities, and polarization considering a fluid economic environment, including voter concerns about cost-of-living issues

The high-level Lead Consulting services LEG provides to its client cities include:

Polling/Analysis Phase
✓ Serving as the Lead Consultant to identify and navigate dynamic, evolving project needs and supporting City staff and other professionals in achieving a well-coordinated effort for the project’s duration o Update City on current Best Practices being utilized by LEG for other Municipal Clients considering external 2023 and 2024 economic factors, statewide issues, recent FPPC rulings affecting cities, and a highly polarized environment
✓ Conduct full audit of City media and public coverage, review institutional planning files on City, and pertinent budget, service and policy background and documents ✓ Collaborating closely with FM3 on public opinion research needs and typically adding significant value to survey drafting
✓ Independently analyzing results, and providing Strategic Recommendations, Options and Recommended Planning activities should a ballot measure be contemplated ✓ Assisting in presenting/interpreting polling results to staff and City Council in a strategic context

If a city is viable and continuing to plan:
✓ Updating and refining a Project Timeline, Activities, and Budget ✓ Recommending permissible public education program to inform the public of the City’s Fiscal Sustainability vision with the independent review of the City Attorney on style and content ✓ Training/re-training city staff on informational outreach message delivery ✓ Developing earned/social media/web-based strategy and content for informational collaterals ✓ Providing Rapid Response services to support the City’s PIO (LEG does not function as a paid spokesperson for its clients)
✓ Adding value to staff reports and updating the City Council

LEG approaches its Lead Consultant role with personal dedication, enthusiasm, and a commitment to excellent service, recognizing that our ultimate consumer is not only the City of Clovis, but most importantly, the constituents and stakeholders the City represents.

Updating the City’s Ballot Measure Research
As the City has identified, it must update its baseline opinion research to gauge residents’ current attitudes towards fiscal issues and the City’s management; identify community priorities and the viability of potential 2024 93 AGENDA ITEM NO. 8.

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ballot measure/s and election timing; and identify effective information in communicating with stakeholders and the public about your fiscal sustainability needs.

Research Specifications
For this project, FM3 has recommended conducting a
15- to 20 -minute dual-mode (telephone and online)
baseline survey among a randomized sample of 400-
500 voters within the City of Clovis . Because a
significant portion of the City’s voters are Latino
(approximately 22%), FM3 recommends conducting
telephone interviews in both English and Spanish.

FM3 recommends utilizing three different contact
methods (telephone calls, emails, and text messages )
to provide an array of ways for potential respondents
to participate in the survey. Providing three forms of contact also helps FM3 engage historically
disadvantaged communities that may not have
adequate broadband access and/or access to
computers or smart phones. Addi tionally, different
demographic groups often have varying
communication preferences—some may be more likely
to answer a phone call than open an email or text
message, and vice versa.

Description of Methodology
In designing a survey questionnaire for the Ci ty, LEG and FM3 will draw from their respective knowledge of
local dynamics using LEG’s comprehensive public and
media audit, and LEG’s review of pertinent
background. LEG/FM3 will also comprehensively
review the City’s past survey research (including
tracking past questions when appropriate) and LEG’s
significant archives of past efforts undertaken for the City; your current and future objectives and needs; and our own vast library of research on local funding
measures. FM3 will proceed through several drafts,
incorporating feedback from LEG and your team, to
develop a research instrument that will successfully
obtain all the desired information.

Methodology
Dual-mode survey using a
combination of telephone
and online interviews
Respondent
Contact
Method
Telephone calls, email
invitations, and text
invitations
Population &
Sample
400 or 500 likely
November 2024 voters
within the City of Clovis
(please note if the City
wishes to preserve the
option of a March ballot,
LEG recommends the
larger sample of 500 so a
March subset can be fully
examined)
Margin of
Sampling
Error*
±4.9% for a sample of 400
±4.4% for a sample of 500
*At the 95% confidence
level (i.e., in 95 out of 100
cases)
Questionnaire 15-20 minutes
Languages
Telephone interviews will
be conducted in English
and Spanish; online
interviews will be
conducted in English only.

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FM3 will then construct a sample by pulling a random list of voters from the voter file. Based upon the final sample specifications, FM3 will set a target number of interviews to be completed online. FM3 will then send out email invitations to everyone with a valid email address inviting them to take the survey . Within several days of the initial invitation distribution, FM3 will examine the demographic and geographic characteristics of the online completes and then begin conducting telephone interviews to balance out the sample and target underrepresented subgroups. Additionally, FM3 will send out a number of text invitations to help reach the overall target number of online completes and complement the other contact methods.

Once the survey is complete, FM3 will generate a detailed report of the survey results in a PowerPoint presentation, including demographic breakouts and summaries of key findings. These results are typically presented in draft format to the staff team and then further refined based upon feedback from City staff. A version of this presentation will also be developed in a format suitable for LEG and FM3 to present to the City Council, from the standpoint of strategic context as well as data findings.

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Recommended Timeline
Based on the City’s projected window of wanting to launch in July for a September City Council report back (which LEG concurs is wise to fully preserve all election timing options), the following is LEG’s recommended timeline for initial project execution.

-Week of July 3rd: Conduct background preparation, public/media audit, review of archival information and City budget/policy information
-Week of July 10th: Conduct Project Launch and initiate survey drafting -Week of July 17th: Review first draft of Survey with staff, initiate review of conceptual ballot question/s by City Attorney’s Office
-Week of July 24th: Finalize Survey Questionnaire, including ballot question/s; provide Protocol Memo to City; begin fielding Survey
-July 30th-Aug 13th: Continue Fielding Survey
-Week of Aug 13th: Analyze results, prepare staff briefing materials and recommendations -By August 31st: Debrief staff, reach consensus on next steps and approach -September 2023: With City staff input, finalize Final Report and present results to City Council Proposed Professional Fees and Polling Costs
The Lew Edwards Group’s standard municipal professional fee rate is $6,500/month. For a three-month term July through September this would be a cost of $19,500 for initial services. Without exception and consistent with previous collaborations with the City of Clovis, LEG does not invoice or track work on an hourly or time and materials basis.

However, as the City may not have contemplated retaining a Lead Strategist to work with your selected polling professional at this juncture, LEG is willing to discount its rate by 50%, or a consulting fee of $9,750 -- a rate not available to other cities. If this is of interest to the City, any City Council updates/presentation would be conducted by LEG through Zoom or Teams interface.

Should your project be viable, and the planning continues, LEG would welcome the extension of our initial agreement at our standard municipal rate.

FM3 Polling Cost
Consistent with their previous submittal, t he chart below contains the total estimated costs for FM3’s research.

These prices are comprehensive and include all costs for questionnaire design , sample acquisition and preparation, translation, programming, survey invitations, survey hosting, bilingual telephone interviewing, data entry and analysis , and reporting. Should the City wish to preserve/examine all potential 2024 election timing, such as March or November, LEG strongly advises the longer 20-minute survey at a sample of 500 so appropriate comparisons can be made of different options without significantly eroding the Margin of Error (MOE).

Survey Length
Number of Interviews
400 500
15 minutes $32,650 $35,750
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Survey Length
Number of Interviews
400 500
20 minutes $36,500 $39,650
In closing, LEG would like to thank the City for its invitation and for our previous collaboration and partnerships.

The work that we did together early on transformed not only the City of Clovis, but many others thereafter. (APPENDIX ON FOLLOWING PAGES)
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TO: Mayor and City Council
FROM: Finance Department
DATE: June 5, 2023
SUBJECT: Finance – Receive and File – Investment Report for the Month of February 2023.

ATTACHMENTS: 1. Distribution of Investments

2. Monthly Investment Transactions

3. Certificates of Deposit

4. Municipal Securities

5. Graph of February 28, 2023 Treasury Rates

EXECUTIVE SUMMARY
Attached is the Investment Report for the month of February 2023. Shown in Attachment 1 is the distribution of investments which lists all the individual securities owned by the City with the book and market values. Book value is the actual price paid for the investment. Market value is the amount that the investment is worth if sold in the open market. The market value (which fluctuates daily) that is used in the report is as of the last working day of the month. Attachment 2 reflects the monthly investment transactions for the month of February 2023. Attachment 3 lists the certificates of deposit. Attachment 4 lists the municipal securities. Attachment 5 is a graph of Treasury rates on February 28, 2023.

The investment of the City’s funds is performed in accordance with the adopted Investment Policy. Funds are invested with the following objectives in mind:

1. Assets are invested in adherence with the safeguards and diversity of a prudent investor.

2. The portfolio is invested in a manner consistent with the primary emphasis on preservation of the principal, wh ile attaining a high rate of return consistent with this guideline. Trading of securities for the sole purpose of realizing trading profits is prohibited.

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3. Sufficient liquidity is maintained to provide a source for anticipated financial obligations as they become due.

4. Investments may be made, consistent with the Investment Policy Guidelines, in fixed income securities maturing in three years or less and can be extended to five years with the City Manager’s approval.

The Finance Department invests the City’s assets with an expectation of achieving a total rate of return at a level that exceeds the annualized rate of return on short -term government guaranteed or insured obligations (90 -day Treasury bills) and to assure that the principal is preserved with minimal risk of depreciation or loss. In periods of rising interest rates, the City of Clovis portfolio return may be less than that of the annualized 90 -day Treasury bill. In periods of decreasing interest rates, the City of Clovis portfolio return may be greater than the annualized 90-day Treasury bill. The current 90 -day Treasury bill rate (annualized) is 2.57%. The rate of return for the City of Clovis portfolio is 2.61%. The goal for the City of Clovis investment return is 120% of the 90-day Treasury bill rate. The current rate of return is 1 01% of the Treasury bill rate.

In accordance with the Investment Policy, the investment period on each investment does not exceed three years and can be extended to five years with the City Manager’s ap proval. As of February 2023, the average investment life of the City’s investment portfolio is 1.68 years.

Current Investment Environment and Philosophy
During the month of February 2023, the federal funds rate increased to 4.50%-4.75%. On February 28, 2023, the Treasury yield curve increased from 3 -month to 6-month notes, then decreased to 10-year notes.

Certificates of Deposit (CD’s)
The City purchases both negotiable and non-negotiable Certificates of Deposit (CD’s). Although negotiable CD’s can be traded, it is the City’s policy to buy and hold all CD’s. Negotiable CD’s are held by U.S. Bank, a third party custodian. Non-negotiable CD’s are held in the City’s safe.

Purchases and Maturities
• 1 government security totaling $6,000,000 was purchased. • 1 government security totaling $8,500,000 matured.
• 5 certificates of deposit totaling $1,250,000 were purchased. • 1 certificate of deposit totaling $250,000 matured.
• 1 municipal security totaling $2,500,000 was purchased.

Market Environment
• During February the federal funds rate increased to 4.50%-4.75%. • On February 28, the yield curve increased from 3-month to 6-month notes, then decreased to 10-year notes. See Attachment 5, Graph of Treasury Rates on February 28, 2023.

Prepared by: Jeffrey Blanks, Deputy Finance Director
Reviewed by: City Manager AH
111
AGENDA ITEM NO. 9.

STATED

DAYS TO

MATURITY

NET BOOK MARKET YIELD TO INTEREST INVEST MATURIT Y FROM COST VALUE VALUE * MATURIT Y RATE DATE DATE 2/28/2023

GOV'T SECURITIES
FHLB 5,255,000 5,078,404 5,005,486 0.600% 2.125% 03/26/20 03/10/23 10 FHLB 13,579,800 13,172,490 12,983,354 0.332% 2.125% 04/30/20 03/10/23 10 FFCB 5,000,000 5,000,000 4,754,050 0.250% 0.250% 03/01/21 03/01/24 367 FHLB 4,998,000 4,998,723 4,899,200 3.276% 3.250% 08/17/22 03/08/24 374 FHLB 1,994,000 1,996,279 1,967,040 3.835% 3.625% 09/14/22 03/08/24 374 FFCB 1,999,000 1,999,363 1,898,920 0.317% 0.300% 03/24/21 03/18/24 384 FHLB 5,000,000 5,000,000 4,697,800 0.350% 0.350% 06/07/21 06/07/24 465 FHLB 941,770 953,142 942,160 4.500% 0.700% 11/17/22 06/24/24 482 FHLB 4,969,000 4,978,608 4,664,750 1.274% 1.050% 01/20/22 11/15/24 626 FHLB 1,595,506 1,616,070 1,595,732 4.515% 0.500% 11/16/22 12/30/24 671 FHLB 3,980,000 3,985,825 3,748,080 1.922% 1.750% 02/28/22 02/28/25 731 FHLB 4,000,000 4,000,000 3,815,280 2.750% 2.750% 04/25/22 04/25/25 787 FAMCMTN 3,947,600 3,961,185 3,644,560 1.121% 0.750% 12/16/21 07/28/25 881 FHLB 5,000,000 5,000,000 4,840,500 3.600% 3.600% 08/30/22 08/28/25 912 FAMCMTN 4,948,500 4,960,869 4,523,900 0.869% 0.600% 10/14/21 09/08/25 923 FHLB 4,963,000 4,971,357 4,404,400 0.750% 0.580% 09/08/21 02/11/26 1,079 FHLB 3,922,000 3,939,437 3,537,640 1.229% 0.750% 12/16/21 02/24/26 1,092 FFCB 4,967,500 4,973,644 4,371,800 1.075% 0.940% 10/14/21 09/28/26 1,308 FHLB 3,649,200 3,674,534 3,516,920 3.342% 1.150% 06/29/22 10/28/26 1,338 FHLB 5,988,000 5,990,250 5,299,320 1.291% 1.250% 11/24/21 11/24/26 1,365 FHLB 5,127,757 5,104,920 4,599,100 1.580% 2.125% 01/20/22 12/11/26 1,382 FHLB 4,043,250 4,043,250 3,860,571 3.397% 1.020% 06/29/22 02/24/27 1,457 FHLB 4,550,000 4,605,977 4,397,874 3.173% 1.020% 08/17/22 02/24/27 1,457 FHLB 3,695,200 3,749,471 3,615,593 2.564% 0.900% 03/31/22 02/26/27 1,459 FHLB 6,072,400 6,072,400 5,855,580 3.737% 0.900% 01/19/23 02/26/27 1,459 FHLB 5,247,000 5,247,000 5,059,651 4.329% 0.900% 02/16/23 02/26/27 1,459 FHLB 5,050,770 5,099,092 4,950,393 3.971% 1.000% 12/14/22 02/26/27 1,459 FHLB 4,000,000 4,000,000 3,651,880 2.375% 2.375% 03/08/22 03/08/27 1,469 SECURITIES TOTAL 128,484,253$ 128,172,290 $ 121,101,534 $ LAIF 75,000,000$ 75,000,000 $
Municipal Issuance 55,435,000$ 50,692,253 $
Sweep Account (Union Bank) 23,626,633$ 23,626,633 $ TOTAL CD'S 21,495,000$ 20,891,156 $
TOTAL INVESTMENTS 303,728,922$ 291,311,575 $
* Market values for securities obtained from US Bank.

City of Clovis
Distribution of Investments
As of February 28, 2023
ATTACHMENT 1
112
AGENDA ITEM NO. 9.

Activity Maturity
Institution Description Activit y Amount Market Value Rate Date Date FHLB Gov. Sec. Purchase 6,000,000 5,247,000 0.900% 02/16/23 02/26/27 California ST Univ Rev Mun Iss. Purchase 2,500,000 2,500,000 1.142% 02/17/23 11/01/26 Achieve Finl Cr Un CD Purchase 250,000 250,000 4.650% 02/17/23 02/17/26 California Cr Un Glendale CD Purchase 250,000 250,000 4.500% 02/23/23 02/23/26 Coastlife Cr Un CD Purchase 250,000 250,000 4.650% 02/13/23 02/13/26 Pioneer Fed Cr Un Mtn Home CD Purchase 250,000 250,000 4.600% 02/28/23 03/02/26 Truliant Fed Cr Un CD Purchase 250,000 250,000 4.600% 02/28/23 02/27/26 FAMCMTN Gov. Sec. Maturity 8,500,000 8,512,717 1.350% 02/27/23 02/27/23 Servisfirst Bank CD Maturity 250,000 250,000 1.600% 02/21/23 02/21/23

PORTFOLIO DATA
Current Month (02/23)
Book Market
CD'S 21,495,000 $ 20,891,156 $
Gov't Securities* 128,172,290 121,101,534
Municipal Securities 55,435,000 50,692,253
LAIF 75,000,000 75,000,000
Sweep Account (Union Bank) 23,626,633 23,626,633
TOTAL 303,728,923 $ 291,311,576 $
Prior Month (01/23)
Three Months Previous (11/22)
Book Market Book Market
CD'S 20,495,000 $ 19,979,564 $ CD'S 19,245,000 $ 18,599,372 $ Gov't Securities* 131,438,007 125,970,574 Gov't Securities* 133,263,676 126,769,132 Municipal Securities 52,935,000 49,074,621 Municipal Securities 51,805,000 47,365,936 LAIF 75,000,000 75,000,000 LAIF 74,905,243 74,905,243
Sweep Account (Union Bank) 29,536,545 29,536,545 Sweep Account (Union Bank) 20,638,225 20,638,225 TOTAL 309,404,552 $ 299,561,304 $ TOTAL 299,857,144 $ 288,277,908 $ Six Months Previous (08/22)
One Year Previous (02/22)
Book Market Book Market
CD'S 13,995,000 $ 13,709,007 $ CD'S 9,995,000 $ 9,946,255 $ Gov't Securities* 142,778,996 137,433,765 Gov't Securities* 141,928,058 140,552,056 Municipal Securities 35,755,000 33,346,444 Municipal Securities 9,465,000 9,278,989 LAIF 74,651,233 74,651,233 LAIF 74,453,060 74,453,060
Sweep Account (Union Bank) 33,471,209 33,471,209 Sweep Account (Union Bank) 43,416,255 43,416,255 TOTAL 300,651,438 $ 292,611,658 $ TOTAL 279,257,373 $ 277,646,615 $ *Adjusted Quarterly for Premium/Discount Amortization
As of February 28, 2023
Monthly Investment Transactions
City of Clovis
ATTACHMENT 2
113
AGENDA ITEM NO. 9.

MARKET INTEREST INVEST MATURITY MATURITY FROM INTEREST
Negotiable CDs COST PRICE RATE DATE DATE 02/28/23 FREQUENCY Celtic Bank 250,000 249,752.50 1.550% 03/13/20 03/13/23 13 MONTHLY Axos Bank 250,000 249,487.50 1.550% 03/26/20 03/27/23 27 MONTHLY Nicolet Natl Bank 250,000 249,392.50 0.900% 03/27/20 03/27/23 27 MONTHLY Centerstate Bank 250,000 249,290.00 0.900% 03/30/20 03/30/23 30 MONTHLY Bank Leumi 250,000 249,382.50 1.450% 03/31/20 03/31/23 31 MONTHLY Discover Bank 250,000 249,327.50 1.350% 04/02/20 04/03/23 34 MONTHLY Berkshire Bank 250,000 249,220.00 1.300% 04/08/20 04/06/23 37 MONTHLY American Express 250,000 248,810.00 1.100% 04/21/20 04/21/23 52 MONTHLY New York Cmnty Bank 250,000 241,115.00 0.350% 12/11/20 12/11/23 286 QUARTERLY Transportation Alliance Bk 250,000 237,825.00 0.250% 03/12/21 03/12/24 378 QUARTERLY Preferred Bank 250,000 237,417.50 0.250% 03/25/21 03/25/24 391 QUARTERLY Bankunited Natl Assn 245,000 232,970.50 0.450% 03/31/21 04/01/24 398 QUARTERLY Greenstate Credit Union 250,000 235,492.50 0.450% 06/16/21 06/17/24 475 QUARTERLY Eaglemark Savings Bank 250,000 235,037.50 0.400% 06/30/21 06/28/24 486 QUARTERLY Texas Exchange Bk 250,000 235,007.50 0.500% 07/09/21 07/09/24 497 QUARTERLY BMW Bk North Amer 250,000 234,665.00 0.550% 07/30/21 07/30/24 518 QUARTERLY Toyota Finl Svgs 250,000 233,985.00 0.650% 09/09/21 09/09/24 559 QUARTERLY State Bk India 250,000 233,765.00 0. 650% 09/17/21 09/17/24 567 QUARTERLY Ubs Bank Usa 250,000 232,332.50 0.750% 11/17/21 11/18/24 629 QUARTERLY Webbank Salt Lake City 250,000 232,185.00 0.750% 11/29/21 11/29/24 640 QUARTERLY Medallion Bank Salt Lake City 250,000 232,125.00 0.900% 12/20/21 12/20/24 661 QUARTERLY Beal Bank 250,000 231,735.00 0.950% 01/19/22 01/15/25 687 QUARTERLY Mountian Amer Fed 250,000 242,472.50 3.450% 08/31/22 02/28/25 731 QUARTERLY Barclays Bk 250,000 234,117.50 1.700% 03/09/22 03/10/25 741 QUARTERLY Goldman Sachs Bk 250,000 233,880.00 1.650% 03/09/22 03/10/25 741 QUARTERLY Safra National Bk 250,000 235,317.50 2.000% 03/23/22 03/24/25 755 QUARTERLY Pentagon Federal Cr Un 250,000 235,107.50 2.000% 03/28/22 03/28/25 759 QUARTERLY Beal Bank 250,000 236,112.50 2.200% 04/06/22 04/02/25 764 QUARTERLY JP Morgan Chase 250,000 237,545.00 2.500% 04/08/22 04/08/25 770 QUARTERLY First Natl Bank 250,000 242,880.00 2.200% 04/12/22 04/11/25 773 QUARTERLY One Community Bank 250,000 238,200.00 2.700% 04/29/22 04/29/25 791 QUARTERLY Americu Credit Union 250,000 238,665.00 2.800% 05/02/22 05/02/25 794 QUARTERLY Synchrony Bank Retail 250,000 240,112.50 3.100% 05/20/22 05/20/25 812 QUARTERLY Connexus Credit Union 250,000 239,435.00 3.000% 05/26/22 05/27/25 819 QUARTERLY Bmo Harris Bank 250,000 240,075.00 3.150% 06/17/22 06/17/25 840 QUARTERLY Saco Biddeford 250,000 238,447.50 2.850% 06/17/22 06/17/25 840 QUARTERLY Baxter Credit Union 250,000 250,000.00 3.400% 06/28/22 06/30/25 853 QUARTERLY Capital One Bank 250,000 241,115.00 3.350% 06/29/22 06/30/25 853 QUARTERLY American First Cr Un 250,000 240,392.50 3.250% 07/15/22 07/15/25 868 QUARTERLY Trustone Financial Cr Un 250,000 240,360.00 3.250% 07/19/22 07/21/25 874 QUARTERLY American Natl Bank 250,000 239,442.50 3.100% 07/27/22 07/28/25 881 QUARTERLY TCM Bank 250,000 240,880.00 3.350% 07/28/22 07/28/25 881 QUARTERLY Generations Bank 250,000 241,122.50 3. 400% 08/03/22 08/04/25 888 QUARTERLY Direct Fed Credit 250,000 240,725.00 3.500% 08/17/22 08/18/25 902 QUARTERLY Resource One Credit 250,000 240,435.00 3.300% 08/17/22 08/18/25 902 QUARTERLY Connext Credit 250,000 241,520.00 3.500% 08/31/22 08/29/25 913 QUARTERLY Skyone Fed Credit 250,000 242,102.50 3.600% 08/30/22 09/02/25 917 QUARTERLY Credit Union of Texas 250,000 242,107.50 3.600% 09/14/22 09/15/25 930 QUARTERLY Forbright Bank 250,000 241,432.50 3.500% 09/16/22 09/16/25 931 QUARTERLY Ally Bank Sandy Utah 250,000 244,742.50 4.050% 09/29/22 09/19/25 934 QUARTERLY Alabama Credit Union 250,000 242,000.00 3.600% 09/20/22 09/22/25 937 QUARTERLY Kemba Finl Credit Union 250,000 244,400.00 4.000% 09/21/22 09/22/25 937 QUARTERLY City of Clovis
Certificates of Deposit
As of February 28, 2023
ATTACHMENT 3
114
AGENDA ITEM NO. 9.

MARKET INTEREST INVEST MATURITY MATURITY FROM INTEREST
Negotiable CDs COST PRICE RATE DATE DATE 02/28/23 FREQUENCY City of Clovis
Certificates of Deposit
As of February 28, 2023
Farmers Merchants 250,000 242,870.00 3.750% 09/28/22 09/29/25 944 QUARTERLY Jefferson Finl FCU 250,000 245,287.50 4.150% 09/29/22 09/29/25 944 QUARTERLY Dort Finl Credit Union 250,000 244,380.00 4.000% 09/30/22 09/30/25 945 QUARTERLY First National Bank 250,000 235,887.50 3.625% 09/30/22 09/30/25 945 QUARTERLY Numerica Credit Union 250,000 246,202.50 4.200% 09/30/22 09/30/25 945 QUARTERLY Vystar Credit Union 250,000 246,497.50 4.350% 09/30/22 09/30/25 945 QUARTERLY Bell Bank Fargo 250,000 245,265.00 4.150% 10/13/22 10/14/25 959 QUARTERLY Pacific Alliance 250,000 245,572.50 4.200% 10/14/22 10/14/25 959 QUARTERLY z1st Financial Bank 250,000 245,265.00 4.150% 10/13/22 10/17/25 962 QUARTERLY Great Southern Bank 250,000 247,437.50 4.500% 10/20/22 10/20/25 965 QUARTERLY American Bank 250,000 246,507.50 4.350% 10/21/22 10/21/25 966 QUARTERLY Queensborough Natl Bank 250,000 245,872.50 4.100% 10/21/22 10/21/25 966 QUARTERLY Public Alliance Cr Un 250,000 247,422.50 4.500% 10/25/22 10/27/25 972 QUARTERLY First Citizens Bank 250,000 248,662.50 4.700% 10/28/22 10/28/25 973 QUARTERLY LCA Bank Corp 250,000 246,812.50 4.400% 10/28/22 10/28/25 973 QUARTERLY Sharonview Fed Cr Un 250,000 249,930.00 4.850% 10/31/22 10/31/25 976 QUARTERLY United Heritage Cr Un 250,000 248,995.00 4.700% 11/04/22 11/04/25 980 QUARTERLY Capital One Natl Assn 250,000 249,960.00 4.900% 11/16/22 11/17/25 993 QUARTERLY Morgan Stanley Bank 250,000 249,940.00 5.000% 11/18/22 11/18/25 994 QUARTERLY Spokane Teachers Cr Un 250,000 250,637.50 5.000% 11/23/22 11/23/25 999 QUARTERLY Morgan Stanley Private 250,000 248,860.00 4.750% 12/09/22 12/09/25 1,015 QUARTERLY Community Bank Topeka 250,000 246,165.00 4.300% 12/14/22 12/15/25 1,021 QUARTERLY Austin Telco Fed 250,000 250,400.00 4.950% 12/16/22 12/16/25 1,022 QUARTERLY Rogue Credit Union 250,000 250,105.00 5.100% 12/23/22 12/23/25 1,029 QUARTERLY Alliant Credit Union 250,000 251,442.50 5.100% 12/30/22 12/30/25 1,036 QUARTERLY Liberty First Cr Un 250,000 247,847.50 4.550% 01/17/23 01/19/26 1,056 QUARTERLY Capital Educators Fed Cr 250,000 247,845. 00 4.550% 01/19/23 01/20/26 1,057 QUARTERLY Manufacturers Traders 250,000 245,850.00 4.250% 01/31/23 01/23/26 1,060 QUARTERLY City Natl Bank 250,000 246,520.00 4.350% 01/25/23 01/26/26 1,063 QUARTERLY Coastlife Cr Un 250,000 248,572.50 4.650% 02/13/23 02/13/26 1,081 QUARTERLY Achieve Finl Cr Un 250,000 248,582.50 4.650% 02/17/23 02/17/26 1,085 QUARTERLY California Cr Un Glendale 250,000 247,572.50 4.500% 02/23/23 02/23/26 1,091 QUARTERLY Truliant Fed Cr Un 250,000 248,257.50 4.600% 02/28/23 02/27/26 1,095 QUARTERLY Pioneer Fed Cr Un Mtn Home 250,000 248,265.00 4.600% 02/28/23 03/02/26 1,098 QUARTERLY Negotiable CD TOTAL 21,495,000$ 20,891,156 $
CD TOTAL 21,495,000$ 20,891,156 $
ATTACHMENT 3
115
AGENDA ITEM NO. 9.

MARKET INTEREST INVEST MATURITY MATURITY FROM INTEREST
Municipal Securities COST PRICE RATE DATE DATE 02/28/23 FREQUENCY Huntington Beach Pension Bond 1,000,000 986,490 0.381% 04/01/21 06/15/23 107 QUARTERLY Fresno Unified Taxable Go Ref Bond 500,000 490,565 0.462% 09/30/20 08/01/23 154 QUARTERLY Pomona Cali Uni Sch Dist Go Bond 815,000 799,857 0.534% 10/20/20 08/01/23 154 QUARTERLY San Jose CA USD Ref Bond 775,000 760,081 0.221% 01/20/21 08/01/23 154 QUARTERLY Vista CA USD Ref Bond 750,000 735,915 0.221% 01/20/21 08/01/23 154 QUARTERLY William Hart Cali HS Go Bond 1,000,000 981,140 0.366% 12/23/20 08/01/23 154 QUARTERLY Jefferson Cali Elem Sch Dist Go Bond 710,000 694,330 0.399% 10/27/20 09/01/23 185 QUARTERLY Santa Rosa Calif Watr Ref Bond 350,000 342,381 0.578% 12/01/20 09/01/23 185 QUARTERLY California St Univ Ref Bond 3,455,000 3,351,246 0.475% 04/01/22 11/01/23 246 QUARTERLY San Diego CA Convention Ref Bond 1,450,000 1,390,681 1.527% 08/18/22 04/15/24 412 QUARTERLY Santa Ana College Ref Bond 440,000 413,750 0.644% 12/17/21 08/01/24 520 QUARTERLY University CA Rev Bond 1,000,000 959,390 4.350% 09/15/22 05/15/25 807 QUARTERLY Antelope Valley CA Ref Bond 750,000 695,070 1.767% 05/12/22 08/01/25 885 QUARTERLY Chabot Las Positas Cmnty Clg Bond 1,490, 000 1,361,130 0.880% 04/29/22 08/01/25 885 QUARTERLY San Dieguito High School Ref Bond 1,000,000 927,810 1.661% 10/13/22 08/01/25 885 QUARTERLY Santa Ana CCD Ref Bond 250,000 226,125 0.744% 05/12/22 08/01/25 885 QUARTERLY Orange County Water Dist Ref Bond 900,000 844,506 2.095% 10/13/22 08/15/25 899 QUARTERLY San Jose CA Txble Ser B 2,355,000 2,214,147 2.450% 10/13/22 09/01/25 916 QUARTERLY Los Angeles CA USD Ref Bond 1,000,000 889,370 1.455% 11/15/21 07/01/26 1,219 QUARTERLY Chabot Las Positas Cmnty Clg CA 3,505,000 3,111,353 1.080% 07/27/22 08/01/26 1,250 QUARTERLY Chaffey CA High School Ref Bond 1,565,000 1,441,506 2.475% 06/30/22 08/01/26 1,250 QUARTERLY Huntington Beach HS Dist Ref Bond 3,305, 000 2,932,527 1.208% 04/29/22 08/01/26 1,250 QUARTERLY Placentia Yorba USD Ref Bond 1,110,000 977,244 1.070% 05/31/22 08/01/26 1,250 QUARTERLY San Diego CA Cmnty Ref Bond 470,000 434,242 2.299% 04/29/22 08/01/26 1,250 QUARTERLY San Ramon Valley CA USD Ref Bond 2,125,000 1,889,508 1.147% 11/03/21 08/01/26 1,250 QUARTERLY Sonoma Cnty Jr College Ref Bond 2,000,000 1,852,360 2.447% 06/30/22 08/01/26 1,250 QUARTERLY San Diego CA Pub Facs Ref Bond 1,625,000 1, 455,041 1.812% 08/18/22 10/15/26 1,325 QUARTERLY CA ST Univ Rev Ref Bond 2,500,000 2,201,850 1.142% 02/17/23 11/01/26 1,342 QUARTERLY El Dorado CA Irr Dist Ref Bond 1,175,000 1,037,948 1.687% 08/18/22 03/01/27 1,462 QUARTERLY University Gen Rev Bond 2,385,000 2,079, 577 1.316% 10/13/22 05/15/27 1,537 QUARTERLY Colton CA Jt Uni Sch 1,060,000 930,850 1.603% 11/17/22 08/01/27 1,615 QUARTERLY Contra Costa Ref Bond 880,000 790,592 2.163% 09/15/22 08/01/27 1,615 QUARTERLY Foothill De Anza CCD 540,000 472,424 1.473% 12/15/22 08/01/27 1,615 QUARTERLY Fremont CA Uni Sch Dist 1,100,000 939,004 1.113% 11/17/22 08/01/27 1,615 QUARTERLY Fremont CA USD Ref Bond 1,140,000 1,012, 901 2.000% 05/31/22 08/01/27 1,615 QUARTERLY Marin CA Cmnty Clg Dist 335,000 318,237 3.330% 11/17/22 08/01/27 1,615 QUARTERLY Mount San Antonio Cmnty Clg 285,000 244, 296 1.139% 11/17/22 08/01/27 1,615 QUARTERLY Mount San Antonio Ref Bond 405,000 366, 136 2.329% 10/13/22 08/01/27 1,615 QUARTERLY Saddleback VY Uni Ref Bond 3,000,000 2,717, 640 2.400% 08/10/22 08/01/27 1,615 QUARTERLY San Diego CA Com CD 590,000 538,062 2.407% 12/15/22 08/01/27 1,615 QUARTERLY San Ramon Valley Ref Bond 1,435,000 1,253, 860 3.415% 09/15/22 08/01/27 1,615 QUARTERLY Santa Monica Cmnty Clg Ref Bond 1,000, 000 948,720 3.050% 09/15/22 08/01/27 1,615 QUARTERLY Sierra CA Cmnty Clg Dist 465,000 396,971 1.129% 11/17/22 08/01/27 1,615 QUARTERLY William Hart CA Un High 200,000 169,136 1.174% 11/17/22 08/01/27 1,615 QUARTERLY Rancho Santiago Cmnty Clg 335,000 285,581 1.106% 11/17/22 09/01/27 1,646 QUARTERLY San Jose CA Txble Ser B 910,000 830,703 2.600% 10/13/22 09/01/27 1,646 QUARTERLY Mun. Securities TOTAL 55,435,000$ 50,692,253 $
Municipal Securities TOTAL 55,435,000$ 50,692,253 $
City of Clovis
Municipal Securities
As of February 28, 2023
ATTACHMENT 4
116
AGENDA ITEM NO. 9.

Treasury Rates as of February 28, 2023
3 month Treasury bill 4.88
6 month Treasury bill 5.17
2 Yr Treasury note 4.81
3 Yr Treasury note 4.51
5 Yr Treasury note 4.18
10 Yr Treasury note 3.92

CITY OF CLOVIS

FINANCE DEPARTMENT
FEBRUARY 28, 2023 TREASURY RATES
As indicated in the above graph, treasuries increase from 3-month to 6-month notes, then decrease to 10-year notes.
0 1
2 3
4 5
6 3 month
Treasury bill
6 month
Treasury bill
2 Yr Treasury
note
3 Yr Treasury
note
5 Yr Treasury
note
10 Yr
Treasury note

INTEREST RATES

TREASURIES
TREASURY RATES ON FEBRUARY 28, 2023
ATTACHMENT 5
117
AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Finance Department
DATE: June 5, 2023
SUBJECT: Finance – Receive and File – Treasurer’s Report for the Month of February 2023.

ATTACHMENTS: 1. Summary of Cash Balances

2. Summary of Investment Activity

3. Investments with Original Maturities Exceeding One Year

EXECUTIVE SUMMARY
Attached for the Council’s information is the Treasurer’s Report for the month ended February 28, 2023.

Pursuant to Section 41004 of the Government Code of the State of California, the City Treasurer is required to submit a monthly report of all receipts, disbursements, and fund balances.

Attachment 1 provides a summary of the beginning balance, total receipts, total disbursements, ending balance for all funds, and a listing, by fund, of all month end fund balances. Attachment 2 summarizes the investment activity for the month and distribution, by type of investment, held by the City. Attachment 3 lists all investments with original maturities exceeding one year as of the month ended February 28, 2023.

Prepared by: Jeffrey Blanks, Deputy Finance Director

Reviewed by: City Manager AH
118
AGENDA ITEM NO. 10.

Previous Balance 3,793,761.06$
Deposits 30,348,724.31
Disbursements (29,124,590.79)
Current Balance 5,017,894.58$

FUNDS BALANCE
100 General Fund 18,151,571.47 $
201 Local Transportation 15,213,116.41
202 Parking and Business Improvements 183,321.18
203 Off Highway Use 72,414.64
204 Community Facilities District 2020-1 144,523.32 205 Senior Citizen Memorial Trust 56,243.01
207 Landscape Assessment District 6,989,227.05
208 Blackhorse III (95-1) Assessment District 104,498.18 301 Park & Recreation Acquisition 12,236,378.54
305 Refuse Equipment Reserve 2,310,925.04
310 Special Street Deposit Fund 45,519,124.03
313 Successor Agency 627.38
314 Housing Successor Agency 1,094,159.78
402 1976 Fire Bond Redemption 25,475.23
404 1976 Sewer Bond Redemption Fund 418,128.52
501 Community Sanitation Fund 15,648,160.45
502 Sewer Service Fund 37,671,506.28
504 Sewer Capital Projects-Users 463,996.24
506 Sewer Capital Projects-Developer 6,447,605.80
507 Water Service Fund 42,068,340.99
508 Water Capital Projects-Users 7,291,041.47
509 Water Capital Projects-Developer 11,209,537.71 515 Transit Fund 500,699.61
540 Planning & Development Services 15,403,096.80
601 Property & Liability Insurance 949,458.81
602 Fleet Maintenance 22,688,121.24
603 Employee Benefit Fund 11,724,826.47
604 General Government Services 21,340,537.35
605 Facilities Maintenance 4,294,304.37
606 Information Technology 6,626,600.85
701 Curb & Gutter Fund 165,236.48
703 Payroll Tax & Withholding Fund 1,356,193.54
712 Temperance/Barstow Assmt Dist (98-1) 77,966.59 713 Shepherd/Temperance Assmt Dist (2000-1) 5,838.80 715 Supp Law Enforcement Serv 243,403.17
716 Asset Forfeiture 243,452.27
720 Measure A-Public Safety Facility Tax 1,729.23
736 SA Admin Trust Fund 1,421.40
741 SA Debt Service Trust Fund (197,131.09)
747 Housing Successor Trust Fund 1,137.98
SUBTOTALS 308,746,816.59$
999 Invested Funds (303,728,922.01)
TOTAL 5,017,894.58$
Statement of Cash Balances
As of February 28, 2023
City of Clovis
ATTACHMENT 1
119
AGENDA ITEM NO. 10.

Balance of Investments Previous Month End 309,404,551.20 $ Time Certificates of Deposit Transactions
Investments 1,250,000.00
Withdrawals (250,000.00)
Total CD Changes 1,000,000.00
Other Changes
Government Securities (3,265,717.00)
Local Agency Investment Fund 0.00
Municipal Securities 2,500,000.00
Sweep Account (5,909,912.19)
Total Other Changes (6,675,629.19)
Balance of Investments Current Month End 303,728,922.01$ Insured CD's 21,495,000.00
Government Securities 128,172,288.85
US Treasury Notes 0.00
Local Agency Investment Fund 75,000,000.00
Municipal Securities 55,435,000.00
Sweep Account 23,626,633.16
Investment Total 303,728,922.01$
As of February 28, 2023
City of Clovis
Summary of Investment Activity
For the month of February 28, 2023
City of Clovis
Distribution of Investments
ATTACHMENT 2
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AGENDA ITEM NO. 10.

Investment
Balance At Stated
Institution Face Value Amortized Cost Maturity Rate
FHLB 13,000,000.00 13,172,490 3/10/2023 2.125%
FHLB 5,000,000.00 5,078,404 3/10/2023 2.125%
FFCB 5,000,000.00 5,000,000 3/1/2024 0.250%
FHLB 5,000,000.00 4,998,723 3/8/2024 3.625%
FFCB 2,000,000.00 1,996,279 3/8/2024 0.300%
FHLB 2,000,000.00 1,999,363 3/18/2024 0.350%
FHLB 5,000,000.00 5,000,000 6/7/2024 1.050%
FHLB 1,000,000.00 953,142 6/24/2024 0.700%
FHLB 5,000,000.00 4,978,608 11/15/2024 1.750%
FHLB 1,735,000.00 1,616,070 12/30/2024 0.500%
FHLB 4,000,000.00 3,985,825 2/28/2025 2.750%
FAMCMTN 4,000,000.00 4,000,000 4/25/2025 0.750%
FAMCMTN 4,000,000.00 3,961,185 7/28/2025 0.600%
FHLB 5,000,000.00 5,000,000 8/28/2025 0.580%
FHLB 5,000,000.00 4,960,869 9/8/2025 0.750%
FFCB 5,000,000.00 4,971,357 2/11/2026 0.940%
FHLB 4,000,000.00 3,939,437 2/24/2026 1.150%
FHLB 5,000,000.00 4,973,644 9/28/2026 1.250%
FHLB 4,000,000.00 3,674,534 10/28/2026 2.125%
FHLB 6,000,000.00 5,990,250 11/24/2026 1.020%
FHLB 5,000,000.00 5,104,920 12/11/2026 0.900%
FHLB 4,500,000.00 4,043,250 2/24/2027 2.375%
FHLB 5,000,000.00 4,605,977 2/24/2027 1.020%
FHLB 5,700,000.00 5,099,092 2/26/2027 1.000%
FHLB 4,000,000.00 3,749,471 2/26/2027 3.250%
FHLB 6,800,000.00 6,072,400 2/27/2027 0.900%
FHLB 6,000,000.00 5,247,000 2/27/2027 0.900%
FHLB 4,000,000.00 4,000,000 3/8/2027 3.600%
Original Maturities Exceeding One Year
As of February 28, 2023
City of Clovis
ATTACHMENT 3
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AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: General Services Department
DATE: June 5, 2023
SUBJECT: General Services – Approval - Claim Rejection of the General Liability Claim on behalf of Phorum Sheth.

ATTACHMENTS: None.

RECOMMENDATION
Reject the General Liability Claim filed on behalf of Phorum Sheth.

EXECUTIVE SUMMARY
On behalf of Phorum Sheth (claimant), the City received a Claim Form on April 12, 2023, alleging the City of Clovis caused a dangerous condition by failing to provide appropriate warnings signs or signals, which contributed to injuries allegedly sustained by Phorum Sheth. It is recommended that the City reject the claim, send notice of rejection, and refer the matter to the City’s third - party administrator for liability claims for further investigation and handling.

BACKGROUND
On April 12, 2023, a General Liability Claim was received on behalf of Phorum Sheth from the Wagner Law Group in Fresno, CA. The claim was insufficient, and a notice was sent to the law firm requesting additional information to process the claim. A revised claim form was submitted to the City on May 19, 2023, which was considered legally sufficient and timely.

The claim alleges that the City of Clovis failed to provide appropriate warnings signs or signals, which created a dangerous condition on the roadway at the roundabout near Temperance Avenue and Alluvial Avenue within the City of Clovis.

The claimant seeks damages for injuries, and other damages. The claim has been filed as a “civil unlimited case” in excess of $600,000.00.
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AGENDA ITEM NO. 11.

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

REASON FOR RECOMMENDATION
It is recommended that the claim be rejected. The claim is disputed by the City. By rejecting this claim and sending notice of rejection to the claimant in accordance with applicable law (Government Code section 910, et seq.), the time in which a lawsuit for various claims may be filed against the City will begin to run, and the claimant may pursue a lawsuit against the City if desired.

ACTIONS FOLLOWING APPROVAL
A claim rejection notice letter will be sent to the claimant in accor dance with Government Code section 913.

Prepared by: Charles W. Johnson, Management Analyst

Reviewed by: City Manager AH

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AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 5, 2023
SUBJECT: Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6367, located at southeast area of Armstrong Avenue and Nees Avenue (Gleneagles Homes, a California Corp DBA Gary McDonald Homes, a California corporation).

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION
For the City Council to:

1. Accept the public improvements for Tract 6367, and authorize recording the Notice of Completion; and

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

EXECUTIVE SUMMARY
The owner, Gleneagles Homes, a California Corp DBA Gary McDonald Homes, a California corporation, has requested final acceptance of the public improvements constructed or installed in conjunction with this tract. The public improvements include all those shown on the subdivision improvement plans approved by the City Engineer. The construction or installation of the public improvements is complete. The owner has requested final acc eptance. Staff is recommending approval of their request.

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AGENDA ITEM NO. 12.

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

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

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

Prepared by: Jeff Brown, Engineer II

Reviewed by: City Manager AH

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AGENDA ITEM NO. 12.

Attachment 1
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AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 5, 2023
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 19- 11 Bullard Avenue Rehabilitation; and authorize the City Manager to execute the contract on behalf of the City with Dave Christian Construction Company in the amount of $761,162.25.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION

1. For the City Council to award a contract for CIP 19-11, Bullard Avenue Rehabilitation – to Dave Christian Construction Company, in the amount of $761,162.25; and

2. For the City Council to authorize the City Manager to execute the contract on behalf of the City.

EXECUTIVE SUMMARY
Staff is recommending that City Council authorize the City Manager to award and execute the contract to Dave Christian Construction Company, who was the lowest responsible bidder from a bid opening that took place on May 9, 2023.

The project includes street rehabilitation along existing Bullard Avenue from Armstrong to Temperance Avenues . The work includes grinding/cold planning, full depth removal of AC pavement and replacing in areas of severe structural failure, paving, adjusting utility boxes and manhole lids to grade, constructing ADA curb ramp improvements, installing detector loops and striping to match the existing.

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AGENDA ITEM NO. 13.

BACKGROUND
The following is a summary of the bids received on May 9, 2023:

BIDDERS BASE BID

Dave Christian Construction Co. $761,162.25
Central Valley Asphalt $796,950.50
Emmett Valley, Inc. $827,555.00
Emmett’s Excavation, Inc. $865,133.00
Jim Crawford Construction $867,882.50
Avison Construction $907,910.00
MAC General Engineering $1,178,894.20

ENGINEER’S ESTIMATE $801,570.00

All bids were examined, and the bidder’s submittals were found to be in order. Dave Christian Construction Co. is the lowest responsible bidder. Staff has validated the lowest bidder contractor’s license status, bid bond and completeness of grant funding paperwork.

FISCAL IMPACT
This project was budgeted in the 202 2-2023 Community Investment Program. The project is supported by Surface Transportation Block Grant Program (STBG) through the City Community Investment Program.

REASON FOR RECOMMENDATION
Dave Christian Construction Company is the lowest responsible bidder. There are sufficient funds available for the anticipated cost of this project.

ACTIONS FOLLOWING APPROVAL

1. The contract will be prepared and executed, s ubject to the Contractor providing performance security that is satisfactory to the City.

2. Construction shall begin approximately two (2) weeks after contract execution and be completed in thirty-five (35) working days thereafter.

Prepared by: Nate Stava, Project Civil Engineer

Reviewed by: City Manager AH

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AGENDA ITEM NO. 13.
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AGENDA ITEM NO. 13.

TO: Mayor and City Council
FROM: Police Department
DATE: June 5, 2023
SUBJECT: Police - Approval – Res. 23-___, Authorizing the Police Chief and the Police Department to Execute an MOU and Grant Cooperative Agreement between MARJAREE MASON CENTER, INC., a California nonprofit corporation (MMC), and Approval - Res. 23-___, Amending the Police Department Budget to reflect the award of $25,000.

ATTACHMENTS: 1. Res. 23-___, Authorization to Execute

2. Res. 23-___, Budget Amendment

3. Memorandum of Understanding

RECOMMENDATION
For the City Council to approve a resolution authorizing the Police Chief to execute a Memorandum of Understanding and Grant Cooperative Agreement with Marjaree Mason Center, Inc., a California nonprofit corporation (MMC), and approve a resolution amending the Police Department budget to reflect the grant award of $25,000.00.

EXECUTIVE SUMMARY
Through the Domestic Violence Response Team Program cooperative grant, the Clovis Police Department (CPD) and MMC intend to work in partnership to provide additional assistance for victims of domestic violence. The program will allow for a collaboration of coordinated responses to domestic violence incidents by combining investigation and immediate response and victim advocacy and education. This program builds the capacity of our community partnership and the need for greater collaboration and coordination between domestic violence service providers and law enforcement.

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AGENDA ITEM NO. 14.

BACKGROUND
The Clovis Police Department responds to more than 500 domestic violence incidents annually.

Victims and their families need advocacy and support in most of these incidents. The Marjaree Mason Center has provided these supportive services to victims of domestic violence in our community since 1979. The MMC is seeking a partnership thro ugh a cooperative grant agreement with the department to increase the capacity to respond, investigate and enhance prosecution, provide training and education to first responders, and increase vital resources to victims of domestic violence. The purpose of the Program is to collaborate and coordinate responses that support our community.

FISCAL IMPACT
Approval and execution of the MOU will provide grant funding of $25,000. These funds will be used to support program staff and eligible costs incurred by the department. A resolution amending the police department budget is required. A Summary of Expenditures is attached to the Resolution.

REASON FOR RECOMMENDATION
A resolution from the City Council authorizing the Chief of Police to enter into an agreement with the Marjaree Mason Center Inc. is required. Approval is needed to amend the FY 2022 -2023 Police Department Budget to reflect the award of $25,000.

ACTIONS FOLLOWING APPROVAL
Staff will submit the approved resolution and execute the agreement. After the Council’s approval, the 2022-2023 Police Department Annual Budget will be amended as described.

Prepared by: Sandi Macy, Management Analyst

Reviewed by: City Manager AH

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AGENDA ITEM NO. 14.

ATTACHMENT 1

RESOLUTION 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF

UNDERSTANDING AND ADMINISTER THE AGREEMENT BETWEEN THE MARJAREE MASON CENTER, INC., AND THE CLOVIS POLICE DEPARTMENT.

WHEREAS, the Marjaree Mason Center Inc. is seeking a partnership through a Memorandum of Understanding and Cooperative Grant to increase the capacity to respond to and investigate incidents of domestic violence; and

WHEREAS, the program is focused on supp orting communities and implementing protocols and practices for a collaborative and coordinated response to incidents of domestic violence; and

WHEREAS, the Marjaree Mason Center and the City of Clovis Police Department believe the implementation of this program will further the above goals and agree to coordinate and provide the services of the agreement

NOW, THEREFORE, BE IT RESOLVED that the City of Clovis hereby authorizes the Chief of Police to execute the Memorandum of Understanding and enter into this agreement with the Marjaree Mason Center, a California nonprofit corporation.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 5, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: June 5, 2023

______________________________ ______________________________ Mayor City Clerk

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AGENDA ITEM NO. 14.

ATTACHMENT 2
RESOLUTION 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING AN AMENDMENT TO THE ANNUAL BUDGET FOR THE FISCAL YEAR FOR 2022-2023

WHEREAS, the City Council of the City of Clovis approved the 2021-2022 Budget on May 16, 2022, and

WHEREAS, the Police Department has entered into a cooperative agreement with the Marjaree Mason Center Inc. and has been awarded funds in the amount of $25,000 for program expenses; and

WHEREAS, the City Council determines that these expenditures are necessary

NOW, THEREFORE, BE IT RESOLVED by the of Clovis that the 2022-2023 Budget be amended as provided in Attachment A, “Summary of Expenditures, By Department ,” “Summary of Expenditures by Fund.”

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 5, 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: June 5, 2023

______________________________ ______________________________ Mayor City Clerk

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AGENDA ITEM NO. 14.

ATTACHMENT A

SUMMARY OF EXPENDITURES BY DEPARTMENT

DEPARTMENT

POLICE $25,000
TOTAL DEPARTMENT $25,000

SUMMARY OF EXPENDITURES BY FUND

GENERAL FUND $25,000
TOTAL FUND $25,000

All expenditures will be out of the grant budget 56300.

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AGENDA ITEM NO. 14.

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (MOU), effective as of January 1, 2023, is entered into by and between MARJAREE MASON CENTER, INC., a California nonprofit corporation (MMC), and the CITY OF CLOVIS , CALIFORNIA, a municipal corporation (City).

RECITALS

WHEREAS, MMC has submitted to the California Governor's Office of Emergency Services (CalOES), Domestic Violence Response Team Program (Program) an application for $125,000 in grant funds for services which are incorporated herein; and
WHEREAS, the Program is focused on supporting communities and implementing protocols and practices for a collaborative and coordinated response to incidents of domestic violence , and MMC’s application proposes to increase the agency’s capacity to provide coordinated response services for the targeted populations; and
WHEREAS, upon award of grant funds and entry into a grant agreement with CalOES (Grant) consistent with the Program, the MMC intends to work in partnership with Clovis Police Department (CPD) for the purpose of providing additional assistance for victims of domestic violence and their children within the City of Clovis, including addressing violence against victims, using a combination of investigation, immediate response, immediate victim advocacy, and training for law enforcement officers; and
WHEREAS, the MMC and CPD believe implementation of the Program as described herein will further the above goals and agree to coordinate and provide the services referenced herein.

AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual covenants herein contained, and such other and further consideration as is hereby acknowledged, and subject to the terms and conditions and provisions of the Program and this MOU, the parties mutually agree as follows:

1. PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS

Marjaree Mason Center, Inc.

Leticia Campos, Deputy
Director
1600 M Street
Fresno, CA 93721

Clovis Police Department
Police Services Manager
George Rodriguez
1033 Fifth Street
Clovis, CA 93612

ATTACHMENT 3

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AGENDA ITEM NO. 14.

2. ROLES AND RESPONSIBILITIES
A. Marjaree Mason Center, Inc.

As the lead agency coordinating the activities of the Domestic Violence Response Team Program, MMC shall:
i. Recruit, hire, train, and supervise one part-time Advocate, as set forth in further detail in section C below, who will be assigned to CPD and concentrating on domestic violence investigations as authorized and directed by CPD.
a. Assigned Advocate’s schedule will be Tuesday-Saturday, 11:00 am - 7:30 pm, and Advocate will divide their
scheduled time between Fresno P olice Department and
Clovis Police Department.
b. Advocate will respond alongside officers, as authorized and directed by CPD, and shall coordinate response with the Watch Commander , detectives, officers and the CPD
Family Services Advocate for case follow-up.
c. In the event that the Advocate assigned to CPD through this Program is not a vailable, officers will have access to additional advocates assigned to CPD and the support of MMC’s Crisis Response Team - Navigators. MMC
Navigators can provide follow-up services to victims that are brought directly to MMC by officers , and/or may
respond in-person to an officer ’s request for support via the 24/7 hotline.
d. $25,000 will be paid to City, as provided in Section 3 below, for reimbursement of expenses incurred by City and CPD to provide coordinated response services for victims of
domestic violence. Expenses can include, but are not limited to personnel expenses, program supplies and
telecommunication.
ii. Provide training to Specialized Unit Program advocates on advocacy procedures.
iii. MMC staff will attend monthly meetings with CPD staff to assess Program progress and identify areas for improvement.

B. Clovis Police Department
The C PD, subject to all applicable federal, state, and local laws, shall:
i. Identify victims and families to be served by this grant. ii. Detectives shall conduct investigations into domestic violence cases to enhance the probability of successful prosecution. 136
AGENDA ITEM NO. 14.
iii. Provide training on police procedures, office space, office furniture, office supplies and telephones to the MMC Advocate described below.
iv. Assigned CPD staff will attend monthly meetings with MMC staff to assess Program progress and identify areas for improvement. v. Cooperate with MMC in preparation for the Program evaluation and all reporting requirements.

C. Requirements of Advocate
i. MMC shall recruit, hire, train and supe rvise one part -time Advocate who shall serve as outreach aide to provide assistance to victims as identified by CPD , including restraining order assistance and follow-up services, as necessary.
ii. MMC shall provide referred clients with access to all appropriate MMC services including safe shelter, support groups, counseling, legal advocacy, twenty-four hour crisis support, survival skills, legal options classes, information and referrals.
iii. The Advocate must meet the applicable requirements of a domestic violence counselor as defined by the Evidence Code §1037-1037.7. Advocate must have training/experience in assisting victims with the paperwork necessary to obtain a restraining order.
iv. The Advocate funded hereunder must meet Program Entry-Level Advocates Standards and have completed an additional forty hours of specific domestic violence and/or sexual assault training. v. The Advocate must comply with all regulations pertaining to Federal Drug/Alcohol testing.
vi. MMC victim Advocate must pass a CPD background investigation in order to have dedicated office space at CPD Headquarters.

3. REIMBURSEMENT FOR PROGRAM ACTIVITIES
For the aforementioned services, the MMC shall reimburse the City solely from allocated and available Program Grant funds for eligible costs incurred by CPD, in an amount not to exceed $25,000 and in accordance with the Program budget submitted by MMC for the 2023 Program perfor mance period of funding for the Grant. Any future grant fund ing must be agreed upon between MMC, the City, and CalOES through the annual reapplication process.

Any future applications and awarding of funds for 2023 Program funding cycle shall be by written amendment to this MOU and signed by both parties.

Reimbursement, not exceeding a total of $25,000.00 during the term of this MOU, shall be paid by MMC to City on a monthly basis as provided in 137
AGENDA ITEM NO. 14.

Section 8 below upon City’s submittal of any reports and substantiation materials reasonably requested by MMC to substantiate the reimbursement.

4. EFFECTIVENESS AND DURATION
The effectiveness of this MOU is contingent upon MMC receiving the Grant award. In signing this MOU, City shall be committed to the Grant Program for the portion of the funding cycle (commencing January 1, 2023 and ending December 31, 2023) remaining after this MOU is effective, and shall include an option to annually renew the Program for an additional four (4) consecutive years, contingent upon availability of funds and as mutually agreed by MMC and City. Any annual renewal of this MOU agreed upon by MMC and City will be for the then-current Program year and annual Grant period, and will be subject to CalOES approval, through a Grant application for continued funding.

The City acknowledges and agrees that continued funding is dependent upon satisfactory performance and the availability of funds.

5. TARGET POPULATION
Services provided under this Program shall be directed to vict ims involved in domestic violence incidents, and their families, who are residents of the City of Clovis.

6. RESOURCES TO BE CONTRIBUTED BY EACH PARTY
Marjaree Mason Center, Inc.
 One part-time Advocate;
 MMC to provide shelter and other assistance to victims;  Supervision and training by Project Director; and
 Access for victims, as identified by CPD, to MMC services within existing policies and procedures.

Clovis Police Department
 Officer/Investigator to respond to domestic violence calls;  Office space, telephone, office supplies, and vehicles for detectives to perform the services under this MOU;
 Office space, transportation for response to calls for service , computer , and telephone service at CPD headquarters for the Advocates; and  Access to domestic violence cases and reports, as authorized by CPD.

7. RECORDKEEPING AND PERFORMANCE DATA
MMC shall keep proper records of the following data:

Number of Victims - Proper documentation of the number of victims served, calls for service, including number of cases reported, counseled, provided shelter and other assistance and any other information required by the Grant.
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AGENDA ITEM NO. 14.

8. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION City or CPD shall submit a monthly invoice to MMC for the eligible expenses incurred during the provision of services. Invoices shall include the following:
(i) A breakdown of expenditures by cost category;
(ii) Copies of all purchase orders and requisitions; and (iii) Proof of payment for eligible expenditures.

City agrees to provide a substantiation and support for services, fees, costs and expenses upon the reasonable request of the MMC for a period of not less than three (3) years after the end of the Program year . Records of City’s expenses pertaining to its services shall be kept on a generally recognized accounting basis and shall be available to MMC or its authorized representatives upon request during regular business hours for the duration of the MOU and for a period of three (3) years after the end of the MOU term . In addition, all books, documents, papers, and records of City pertaining to its services under this MOU shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time.

9. TERMINATION
The term of the MOU is for one year, commencing January 1, 2023, and ending December 31, 2023, with any renewal terms contingent mutual written agreement of MMC and City and on the reapplication process and approval by CalOES. For purposes of this MOU, each respective Program year and Grant period will be for 12 months as follows:

Program Funding Cycle
2023
Program Year and Grant Period
January 1, 2023 - December 31, 2023
Notwithstanding the foregoing, this MOU shall terminate upon MMC’s written notice to City of any of the following events: (i) Program termination, (ii) any non-appropriation or non-allocation of Program funding required in pursuit hereof, (iii) City's improper use of Program funds, (iv) City's failure to comply with any term of this MOU, and (v) City's failure to comply with applicable Federal Drug/Alcohol regulations. Nothing in this MOU shall commit the taxing authority or general fund of MMC or the City.

City may terminate this MOU upon thirty (30) days prior written notice to MMC in the event of either of the following: (i) non-appropriation by City's governing body of sufficient funds to perform its obligations under this MOU; or (ii) substantial failure of MMC to comply with any term of this MOU.

Notwithstanding the above, prior to terminating this MOU for substantial 139
AGENDA ITEM NO. 14.
failure of MMC to comply with any term of this MOU, City shall provide MMC with written notice of the failure to comply and allow for a fifteen (15) day cure period for MMC to substantially comply.

In no event shall any payment by MMC constitute a waiver by MMC of any breach of this MOU or any default which may then exist on the part of City.

Neither shall such payment impair or prejudice any remedy available to MMC with respect to the breach or default.

10. COMPLIANCE WITH GOVERNING LAW AND GRANT
The parties shall at all times comply with all applicable laws of the United States, the State of California, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this MOU. MMC acknowledges receipt of a copy of the Grant and agrees to comply with all applicable provisions thereof and cooperate with City in meeting the requirements thereunder.

The parties shall at all times comply with all applicable laws of the United States, the State of California, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this MOU. City acknowledges receipt of a copy of the Grant and agrees to comply with all applicable provisions thereof and cooperate with MMC in meeting the requirements thereunder.

As applicable, costs and expenditures must be allowable in accordance with applicable federal and state laws, rules and regulations, the terms of the Program and the CalOES Subrecipient Handbook.

11. CAPACITY OF MMC and CPD
Nothing in this MOU, and nothing in the course of dealings between the City and MMC shall be deemed to create any fiduciary relationship, trust, partnership, joint venture, agency or employment relationship.

12. INSURANCE AND INDEMNITY
A. INSURANCE

MINIMUM SCOPE OF INSURANCE
Both MMC and City shall maintain the following insurance coverages, either through insurance policies or self -insurance, throughout the term of this MOU.

Coverage shall be at least as broad as:

1. The most current version of Insurance S ervices Office (ISO) Commercial General Liability Coverage Form CG 00 01,
providing liability coverage arising out of your business 140
AGENDA ITEM NO. 14.
operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and
advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment),
products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance."

2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, MMC, its officers, officials, employees, agents and volunteers are to be listed as additional insureds.

3. Workers' Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Social Services Liability or Professional Liability (Abuse & Molestation) that insures against liability arising out of the bodily injury, personal injury, and third-party property damage occurring because of the wrongful or negligent acts attributable to the institution. This coverage should protect against a wide range of potential claims, including but not limited to assault, verbal and/or physical abuse, sexual molestation and other sexual misconducts.

MINIMUM LIMITS OF IN SURANCE
City and MMC shall maintain limits of liability of not less than those set forth below. However, in surance limits available to MMC , its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and
property damage;
(ii) $1,000,000 per occurrence for personal injury; and (iii) $2,000,000 general aggregate applying separately to the work performed under this MOU.
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AGENDA ITEM NO. 14.

2. COMMERCIAL AUTOMOBILE LIABILITY:
(i) $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.

VERIFICATION OF COVERAGE
Each party shall furnish to the other party all certificate(s) of insurance for the coverage(s) required by this MOU. All certificates are to be received and approved by the each party’s Risk Manager or his/her designee prior to each party’s execution of the Agreement and before work commences. U pon request of either party, the other party shall immediately furnish the requesting party with a complete copy of any insurance policy required under this MOU, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this MOU.

B. INDEMNIFICATION
To the furthest extent allowed by law City and MMC shall mutually indemnify and hold harmless each other and their respective officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the party seeking indemnity and any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses and any costs or fees to enforce this agreement), arising or alleged to arise directly or indirectly from the negligent or intention al acts or omissions of indemnifying party or any of the indemnifying party’s officers, officials, employees, agents or volunteers in the performance of this MOU.

The obligations of the parties under the preceding sentence shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct of the party seeking indemnity or any of its officers, officials, employees, agents or volunteers.

If MMC should subcontract all or any portion of the services to be performed under this MOU, MMC shall require each subcontractor to indemnify, hold harmless and defend City, and each of its officers, officials, employees, agents and volunteers in accordance with the 142
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terms of the preceding paragraph.

This section shall survive termination or expiration of this MOU.

13. NOTICES
Any notice required or intended to be given to either party under the terms of this MOU shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, return receipt requested, with postage prepaid, addressed to the party to which notice is to be given at the party's address set forth in Section 1 of this MOU or at such other address as the parties may from time to time designate by written notice.

14. BINDING
Once this MOU is signed by the parties, it shall be binding upon, and shall inure to the benefit of, the parties, and each party's respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives.

15. ASSIGNMENT
There shall be no assignment by either party of its rights or obligations under this MOU without the prior written approval of the other party. Any attempted assignment by a party, its successors or assigns, shall be null and void unless approved in writing by the other party.

16. WAIVER
The waiver by either party of a breach by the other of any provision of this MOU shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this MOU.

No provisions of this MOU may be waived unless in writing and approved by and signed by all parties to this MOU. Waiver of any one provision herein shall not be deemed to be a waiver of any provision herein.

17. GOVERNING LAW AND VENUE
This MOU shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this MOU and any rights and duties hereunder shall be Fresno County, California.

18. HEADINGS
The section headings in this MOU are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this MOU. 143
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19. SEVERABILITY
The provisions of this MOU are severable. The invalidity, or unenforceability of any one provision in the MOU shall not affect the other provisions.

20. INTERPRETATION
The parties acknowledge that this MOU in its final form is the result of the combined efforts of the parties and that, should any provision of this MOU be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this MOU in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.

21. ENTIRE MOU
It is mutually understood and agreed that the forgoing constitutes the entire MOU between the parties. Any modifications or amendments to this MOU must be in writing signed by an authorized agent of each party.

[SIGNATURES ON FOLLOWING PAGE]
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AGENDA ITEM NO. 14.

THIS MOU/AGREEMENT IS SUBJECT TO RATIFICATION BY COUNCIL ACTION UPON AWARD OF GRANT FUNDS.

IN WITNESS THEREOF, the parties have executed this MOU at Clovis, California as of the effective date first above written.

MARJAREE MASON CENTER, INC., CITY OF CLOVIS CALIFORNIA, a California non-profit organization a municipal corporation

BY: __________________________ BY: __________________________ Nicole Linder, Executive Director Curt Fleming, Chief of Police City of Clovis Police Department

145
AGENDA ITEM NO. 14.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: June 5, 2023
SUBJECT: Public Utilities – Approval – Award Non-Exclusive Franchise Agreements for Hauling of Construction and Demolition Debris, and Update the City’s Approved Hauler List.

ATTACHMENTS: 1. Approved Hauler List

RECOMMENDATION
For the City Council to award non-exclusive construction and demolition (C&D) hauling franchise agreements for two (2) years to the following haulers:

1. Allied Waste Services (Republic Services)

2. Industrial Waste & Salvage

3. Kroeker, Inc.

4. Mid Valley Disposal

5. True Clean Construction Cleanup, Inc.

6. Nick’s Trucking, Inc.

7. North Cal Hauling Company

8. Waste Management

9. Legacy Construction Debris Service

10. Valley Dumpster Service, LLC.

EXECUTIVE SUMMARY
On May 6, 2013, the City Council adopted Ordinance 13 -12, pertaining to the recycling and diversion of construction and demolition (C&D) debris. One of the requirements of this ordinance is that all entities hauling C&D debris in the City of Clovis must apply for and be awarded a non- exclusive C&D hauling franchise agreement. This year, the City received ten applications, nine of which are renewing their current agreements that are set to expire on June 30, 2023 and one of which is a new hauler. Staff has reviewed the applications for completeness and is 146
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recommending that all applicants be awarded two -year, non-exclusive C&D hauling franchise agreements and be added to the City’s updated list of approved haulers, which goes into effect on July 1, 2023.

BACKGROUND
AB 939 – the California Waste Management Act of 1989 (Public Resources Code §§ 40000 et seq.) – along with the California Green Building Standards Code (CCR, Title 24, Part 11) – also known as CALGreen – require the City of Clovis to prepare, adopt, and implement source reduction and recycling plans to reach landfill diversion goals. The City has achieved the State’s diversion goals, but AB 939 also requires the City to annually report to the State the quantities of waste that are disposed of in landfills and the quantities of waste that are diverted through recycling programs. CALGreen further instructs local jurisdictions to require contractors to develop and maintain a waste management plan and to divert a minimum of 65 percent of waste material.

Debris from construction, demolition, and renovation of buildings is the largest waste stream from Clovis t hat is not hauled by the City itself or the City’s direct contractors. Prior to the adoption of Ordinance 13 -12, the hauling of this waste was unregulated and the City had no means to track and report the quantities of this waste that were recycled or disp osed of in landfills. The ordinance established non -exclusive C&D hauling franchises for haulers wishing to haul C&D debris generated within the City. The ordinance also prohibits non -franchised haulers from transporting C&D debris generated in Clovis. Las tly, the ordinance requires the franchised haulers to report to the City the quantities of this material that they recycle and dispose of in landfills and to pay the AB 939 surcharges associated with any C&D debris they dispose of in landfills.

The ordinance established a fee of $1,000 for each two -year, non-exclusive franchise. The fee is based on the estimated costs for the staff time that will be spent to process each application and to review the quarterly reporting from each hauler. The ordinance was prepared with input from the Building Industry Association (BIA) and from local waste haulers.

FISCAL IMPACT
There is no significant fiscal impact to the City associated with the award of these agreements.

The application fee for the two -year, non-exclusive franchise agreement to haul C&D debris is based on the estimated costs for staff time to process the applications and to review and process the quarterly reports from each hauler.

REASON FOR RECOMMENDATION
Haulers must be franchised in order to haul C&D debris in the City of Clovis. All applicants recommended for approval have met the requirements for the non -exclusive franchise as outlined in the application form.

ACTIONS FOLLOWING APPROVAL
Originals of the franchise agreements will be forwarded to the City Manager for signature. Staff will notify the haulers that they have been awarded the non -exclusive franchise agreements. 147
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Staff will provide the Building Official with the list of the approved C&D haulers. Staff will monitor the franchised haulers’ reports for compliance with Ordinance 13-12.

Prepared by: Kristen Freberg, Management Analyst

Reviewed by: City Manager AH

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EFFECTIVE 07-01-23

APPROVED CONSTRUCTION AND DEMOLITION DEBRIS (C&D) HAULERS Approval valid through 7-01-2024
Clovis Recycling, Inc. Hinojosa Cleanup Service (HCS)
1059 Hoblitt Avenue 777 Minnewawa Avenue, Suite 2
Clovis, CA 93612 Clovis, CA 93612
(559) 325-2128 (559) 647-2602
www.cnwenterprises.com www.hcsrolloff.com
F-N-F Roll-Off Service Kochergen Farms Composting, Inc.

P.O. Box 11807 dba Green Valley Recycling
Fresno, CA 93775 P.O. Box 11006
(559) 318-0644 Fresno, CA 93771
www.fnfrolloffservices.com (559) 498-0900
www.kochergenfarmscomposting.com
HD Matthews Demolition & Excavation Accurate Cleaning Systems P.O. Box 12483 802 Industrial Drive, Suite 200
Fresno, CA 93778 Hollister, CA 95023
(559) 275-3366 (831) 636-9767
Approval valid through 7-01-2025
Allied Waste Services of Fresno Nick’s Trucking, Inc.
5501 N. Golden State Boulevard 183 W. Indianapolis Ave.

Fresno, CA 93722 Fresno, CA 93705
(559) 275-1551 (559) 281-2267
www.republicservices.com
Industrial Waste & Salvage North Cal Hauling Company
3457 S. Cedar Avenue 5716 Folsom Boulevard, PMB 285
Fresno, CA 93725 Sacramento, CA 95819
(559) 233-1159 (916) 381-9033
www.cagliaenvironmental.com www.northcalhauling.com
Kroeker, Inc. Waste Management
4627 S. Chestnut Avenue 4333 E. Jefferson Avenue
Fresno, CA 93725 Fresno, CA 93725
(559) 237-3764 (559) 834-4070
www.kroekerinc.com www.wm.com
Mid Valley Disposal Legacy Construction Debris Service
2721 S. Elm Avenue, Fresno, CA 93706 1968 N. Gateway Boulevard, Ste. 103 15300 W. Jensen Avenue, Kerman, CA 93630 Fresno, CA 93727 (559) 237-9425 (559) 251-1605
www.midvalleydisposal.com
True Clean Construction Cleanup, Inc. Valley Dumpster Service LLC 2505 E. Oakdale Avenue 1187 N. Willow, Ste.103 #314
Tulare, CA 93274 Clovis, CA 93611
(559) 936-7557 (559) 999-5797
[email protected]
ATTACHMENT 1
149
AGENDA ITEM NO. 15.

TO: Mayor and City Council
FROM: Police Department
DATE: June 5, 2023
SUBJECT: Consider Introduction – Ord. 23-__ An ordinance of the City Council of the City of Clovis adding Chapter 4.14 to Title 4 of the Clovis Municipal Code prohibiting spectators at vehicle sideshows in the City of Clovis.

Staff: Iri Guerra, Police Lieutenant
Recommendation: Approve

ATTACHMENTS: 1. Ordinance 23-__

RECOMMENDATION
Staff recommends council approve the introduction of Ordinance 23 -__ to amend the City of Clovis Municipal Code to prohibit spectators attending vehicle sideshows, and to prohibit the promotion of vehicle sideshows, with such activities being deemed a nuisance.

EXECUTIVE SUMMARY
The Department, in conjunction with the City Attorney’s Office, prepared the proposed additions to the Clovis Municipal Code for prohibiting spectators of vehicle sideshows, and persons promoting vehicle sideshows (Chapter 4.14). The purpose of the ordinance is to deter individuals from attending vehicle sideshows within the City, and to provide the Department with the ability to arrest and/or fine those who choose to spectate or promote illegal sideshows.

BACKGROUND
The California Vehicle Code defines a vehicle sideshow as an event in which two or more persons block or impede traffic on a highway or in an off-street parking facility, for the purpose of performing motor vehicle stunts (suc h as donuts and burnouts), speed contests, exhibitions of speed, or reckless driving for spectators. (Veh. Code § 23109, subd. (i)(2)(A).) These sideshows disrupt traffic, create safety issues, and often result in property damage and the 150
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accumulation of trash and rubbish. The danger from sideshows exists not only for the persons driving the vehicles in a reckless manner, but also to the spectators, innocent pedestrians, and innocent motorists in the area. Several recent incidents within the City have necessitated the need to address this issue.

On November 28, 2021, approximately 500 people occupied the intersection of Willow Ave. and Shepherd Ave. for a sideshow. Officers arrived and were met with people throwing fireworks and bottles at them. This gr oup of people continued their sideshow at six other intersections throughout Fresno and Clovis.

On April 13, 2023, there were reports of reckless driving and street racing occurring in the Harlan Ranch area of town. The lack of regard to the narrow and residential nature of the area has the residents fearing for their safety.

On May 4, 2023, a citizen reported that street racing and reckless driving are happening in the area near Gettysburg Ave. and Leonard Ave. on the weekends. The resident has obvious safety concerns and is complaining about the noise caused by the vehicles.

The Vehicle Code provides officers with the authority to arrest the drivers of the vehicles involved in illegal sideshows, and those individuals who specifically aid and abet the activity. (Veh. Code § 23109, subd. (c).) But this section does not apply to any of the spectators that are knowingly promoting and attending sideshows to encourage the furtherance of this illegal activity.

Accordingly, many cities throughout the state h ave passed ordinances to address issue of spectators at vehicle sideshows.

The addition of Chapter 4.14 to the City’s Municipal Code specifically addresses persons who spectate and promote vehicle sideshows. The purpose of the Ordinance is to deter indi viduals from attending and promoting these illegal vehicle sideshows within the City. The Ordinance provides an enforcement mechanism for the Department by making it unlawful for a person to “knowingly” spectate or help in making preparations for a sidesh ow. To avoid citing innocent bystanders, the Ordinance also provides relevant criteria to support an officer finding that someone is knowingly spectating or promoting a sideshow. Violation of the Ordinance would be considered a misdemeanor subject to a maximum six-month jail sentence, a fine not to exceed $1,000, or both. Furthermore, the Ordinance provides the Department with the authority to tow and impound the vehicles of any person found to be in violation of the Ordinance, in accordance with the Vehicle Code.

By making spectators and promoters liable for their support of these illegal activities, the Department hopes this Ordinance will discourage vehicle sideshows from happening within the City. Vehicle sideshows are specifically defined as illeg al motor vehicle events for spectators.

Therefore, if the Department can reduce the number of spectators and promoters of sideshows with the threat of that person’s arrest, the issuance of a fine, and the impounding of spectator vehicles, we hope to significantly reduce the occurrence of sideshows within the City.

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FISCAL IMPACT
The Department would anticipate a minimal increase in City revenue relating to any fines assessed pursuant to the adoption of the Ordinance.

REASON FOR RECOMMENDATION
To create an enforcement mechanism to deter illegal vehicle sideshows within the City by making it a violation of the Municipal Code to knowingly spectate or promote illegal vehicle sideshows in the City.

ACTIONS FOLLOWING APPROVAL
This Ordinance shall go into effect thirty (30) days after its final passage and adoption.

Prepared by: Iri Guerra, Police Lieutenant

Reviewed by: City Manager JH
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1 ATTACHMENT 1
ORDINANCE 23-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS ADDING CHAPTER 4.14 OF TITLE 4 OF THE CLOVIS MUNICIPAL CODE PROHIBITING

SPECTATORS AT VEHICLE SIDESHOWS IN THE CITY OF CLOVIS

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

Section 1. Chapter 4.14 of Title 4 of the Clovis Municipal Code is hereby added to read as follows:

Chapter 4.14
Prohibition Against Spectators at Vehicle Sideshows
Sections:

4.14.01 Findings.

4.14.02 Purpose.

4.14.03 Definitions.

4.14.04 Declaration of Sideshows as a Nuisance.

4.14.05 Attending Sideshows is Prohibited.

4.14.06 Promoting Sideshows is Prohibited.

4.14.07 Relevant Circumstances to Prove a Violation.

4.14.08 Violations.

4.14.09 Severability.

4.14.01 Findings.

In adopting this chapter, the Council makes the following findings:
(a) Pursuant to California Vehicle Code sections 23103 and 23109, motor vehicle speed contests and exhibitions of speed such as street races and reckless driving exhibitions conducted on public streets and highways are illegal.

Although there are laws against aiding and abetting speed contests or exhibitions of speed, the law is silent as to the other spectators who knowingly attend and encourage the furtherance of such illegal activity.
(b) Per Foley v. Superior Court, local ordinances that criminalize attending an illegal speed contest or exhibition of speed are not preempted by state law. (Foley v.

Superior Court (2004) 117 Cal.App.4th 206.)
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2 (c) Illegal speed contests and exhibitions of speed often generate spectators who gather to help setup, aid, and witness the illegal exhibition. (d) Illegal speed contests and exhibitions of speed are dangerous to both the drivers participating in the illegal exhibition and the public in general, including spectators, businesses, residents, pedestrians and drivers not participating in the exhibition.
(e) As police officers respond to sideshows, spectators often interfere with the officers’ ability to arrest participants engaged in illegal speed contests or exhibitions of speed as spectators will block the officers’ vehicles by standing in the street or blocking the street with their vehicles so the participants who engaged in the illegal speed contests and exhibitions of speed can escape arrest.
(f) When sideshows are dispersed following a police response, danger to spectators and the general public occurs due to the vehicles fleeing the scene at high rates of speed.
(g) Vehicles speeding and spinning their tires on City streets cause complaints from citizens due to the excessive noise generated by the illegal activity. (h) Illegal speed contests and exhibitions of speed cause damage to City streets. (i) Sideshows often result in trash and debris left on City streets by spectators. (j) Sideshows cause impediments to normal traffic as spectators block City streets to facilitate the illegal speed contests and exhibitions of speed. (k) The presence of spectators at these events encourages the illegal speed contests and exhibitions of speed.
(l) The Clovis Police Department has responded to numerous sideshows within the City, expending limited police resources to combat these issues, and the number of the sideshows has increased in recent years in Clovis and throughout Fresno County.
(m)The City of Clovis has a compelling interest in curbing the dangers from speed contests, exhibitions of speed, reckless driving, and sideshows. This ordinance is a valid exercise of the City’s police power to discourage or prevent further illegal activity, and the regulations of this chapter are narrowly tailored to serve that compelling interest.

4.14.02 Purpose.

This chapter is enacted to prohibit spectators at sideshows on public streets and highways, public property, and off-street parking facilities, and to prohibit the gathering of spectators at these events. The purpose of this chapter is to prohibit this unsafe activity. These regulations target very clear and limited activities and provide proper 154
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3 notice to the public of the activities that are considered a nuisance and prohibited under this ordinance. In prohibiting spectators at sideshows and the promotion of sideshows, the City intends to take a significant step toward protecting the public health and safety by making its streets and highways safer to pedestrians, motorists, and the general public.

4.14.03 Definitions.

As used in this chapter, the following definitions shall apply:
(a) “Sideshow” means a gathering, procession, or assemblage of at least two (2) or more persons that block or impede traffic on a street, highway, or Off-street Parking Facility for the purpose of exhibiting either a Speed Contest, Exhibition of Speed, reckless driving, or illegal and/or dangerous motor vehicle stunts and/or maneuvers in the presence of at least one (1) Spectator. (b) “Exhibition of Speed” or “Speed Contest” means any illegal speed contest or illegal exhibition of speed referred to in California Vehicle Code section 23109, and any reckless driving as referred to in California Vehicle Code section 23103, as either code section may be amended. These definitions include but are not limited to a motor vehicle engaging in activities commonly referred to as burnouts, donuts, and figure eights wherein a motor vehicle is accelerated in such a manner to cause the tires to lose traction, cause the motor vehicle to spin, and generate excessive noise and smoke from the tires.
(c) “Spectator” means any person who is knowingly present at a Sideshow, or at a location where Preparations for a sideshow are being made, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A “Spectator” includes any person present at the location of the event without regard to the means by which the person arrived.
(d) “Knowingly” refers to an individual being aware of the facts, circumstances, or situations which bring the prohibited act(s) within the terms of this chapter. It does not require any knowledge of the unlawfulness of such acts. (e) “Present” means the individual is on a public street or highway, public property, an Off-street Parking Facility, or private property without the consent of the owner, operator, or agent thereof, and the individual is within one hundred and fifty (150) feet of the location of the Sideshow, or within one hundred and fifty (150) feet of the location where Preparations are being for a sideshow. (f) “Preparations” for a Sideshow include, but is not limited to any of the following:
(1) At least three (3) motor vehicles and at least three (3) persons have arrived at a predetermined location on a public street, highway, any public property, or Off-street Parking Facility to engage in a Sideshow; 155
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4 (2) At least two (2) individuals have gathered on, or adjacent to, one or both sides of a public street or highway;
(3) One or more persons have impeded the free public use of a public street, highway, any public property, or Off-street Parking Facility by actions, words, or physical barriers for the purpose of conducting a Sideshow; (4) Two (2) or more motor vehicles have lined up, on a public street, highway, any public property, or Off-street Parking Facility with engines running, for a Speed Contest or Exhibition of Speed;
(5) One or more drivers are revving their engine or spinning their tires in preparation for a Speed Contest or Exhibition of Speed; (6) An individual is stationed near one or more motor vehicles to initiate a Speed Contest or Exhibition of Speed.
(g) “Promote” shall mean the act of any person putting forward, publicizing, advertising, encouraging, or instigating others to participate or attend a Sideshow. This includes but not be limited to social media posts, text messages, flyers, signs, and any written or verbal communications to publicize a Sideshow. (h) “Off-street Parking Facility” shall have the same meaning as California Vehicle Code section 12500, subdivision (c), as may be amended. (i) “Scene” means the location of a Sideshow or the location of the Preparations for the Sideshow.

4.14.04 Declaration of Sideshows as a Nuisance.

Sideshows, Preparations and Promotion for a Sideshow, and the attendance of Sideshows, in the City of Clovis, are each hereby declared to be a nuisance.

4.14.05 Attending Sideshows is Prohibited.

It shall be unlawful for any person to: (1) be a Spectator at a Sideshow conducted on a public street or highway, or Off-street Parking Facility, within the City; or (2) be a Spectator where Preparations are being made for a Sideshow conducted on a public street or highway, or Off-street Parking Facility, within the City.

Nothing in this Section prohibits law enforcement officers, medical professionals, firefighters or any person not a spectator from being present at a Sideshow in the course of their official duties.

4.14.06 Promoting Sideshows is Prohibited.

It shall be unlawful for any person to knowingly promote: (1) the gathering of persons as Spectators at a Sideshow conducted on a public street or highway, or Off-street Parking 156
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5 Facility, or (2) the gathering of persons as Spectators where Preparations are being made for a Sideshow conducted on a public street or highway, or Off-street Parking Facility.

4.14.07 Relevant Circumstances to Prove a Violation.
(a) Notwithstanding any other provision of law, to prove a violation of any provisions of this chapter, admissible evidence may include, but is not limited to, any of the following:
(1) The time of day;
(2) The nature and description of the Scene;
(3) The number of individuals at the Scene;
(4) The location of the individual charged in relation to any individual, group, or motor vehicles present at the Scene;
(5) The number and description of the motor vehicles present at the Scene; (6) The individual charged with a violation of this chapter knowingly drove or was transported to the Scene;
(7) The individual charged has previously participated in a Speed Contest, Exhibition of Speed, or Sideshow;
(8) The individual charged has previously aided and abetted, or helped in the Preparations of a Sideshow;
(9) The individual charged was previously present at a location as a Spectator where a Sideshow was in progress;
(10) The individual charged was recording the Sideshow as the event was in progress;
(11) The individual charged posted information relating to the time and/or location of a Sideshow on a social media account that they own, are associated with, have access to;
(12) The individual charged has previously posted information relating to the time and/or location of a Sideshow on a social media account that they own, are associated with, or have access to; and
(13) Prior acts relating to Sideshows are relevant, whether they occurred within or outside the City.

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6 4.14.08 Violations.
(a) Any person who violates any provision of this chapter is guilty of a misdemeanor, punishable by imprisonment in the county jail not to exceed six (6) months, or a fine not to exceed $1,000.00, or both. The City Attorney maintains the discretion to charge any violation of this chapter as an infraction. (b) Any Spectator arrested for a violation of any provision of this chapter is subject to having their vehicle towed and impounded from the Scene in accordance with California Vehicle Code sections 22651, subdivision (h) and 22655.5, subdivision (a). The legal owner of the towed vehicle may be required to pay the City’s towing and storage fees pursuant to California Vehicle Code section 22850.5.

4.14.09 Severability.

If any article, section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

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

APPROVED: June 5, 2023

______________________________ ______________________________ Mayor City Clerk

The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on June 5, 2023, and was adopted at a regular meeting of said Council held on ___________, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk
158
AGENDA ITEM NO. 16.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 5, 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. (Continued from the May 8, 2023, meeting.)

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 actua l construction and acquisition costs based on market 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 bas ed 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%.

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The most significant i ncreases within the DIF program are within the water categories. Staff introduced these increases to Council on May 8, 2023, for consideration. Council directed staff, “to continue the item to a date uncertain at which time staff will come back with all of the fees with the exception of water which will be deferred until we have that higher level discussion.” Staff is now returning to request consideration and approval of all the other fees with no increase to the water category fees. The overall increase in Development Impact Fees to a development project is dependent upon the land use and the location of the project within the City. The overall increases have been lessened from the initial proposal on May 8, 2023. The increases previously ranged from 12% to 23%, but now range from 2% to 10%.

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 DIF 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 a belief that the substantial inflation in construction cost represented a spike and that costs would normalize and possibly come back down over the foll owing 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 on 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.

Staff considered several options for the water category fees but is proposing no increase at this time as requested by Council. At Council’s direction, staff will work with stakeholders to furthe r review the water category fees and return later with another proposal for Council’s consideration.

Some of the options that staff has considered are:

a) a +4.6% increase based on CCI from December 2021 to December 2022 and as suggested by the BIA,
b) a +5.5% increase based on CCI from the last DIF adjustment approved in July 2022 to May 2023,
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c) a +10% increase as suggested by a Councilmember during the May 8th discussion, or
d) a +61% increase based on the comprehensive analysis performed by staff and consultants.

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 is 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, excluding water, will result in an increase in overall Development Impact Fees to a development project that ranges from 2% to 10% depending on land use and location.

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, prior to the initial Council meeting on May 8. The stakeholders included the Building Industry Association (BIA), Fresno Metropolitan Fl ood Control District (FMFCD), the Clovis Unified School 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. After the May 8th Council meeting, staff met with the BIA on May 17 and held a separate stakeholder meeting on May 18.

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

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. 161
AGENDA ITEM NO. 17.

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 identified in various provisions of the municipal code for each 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 fe e 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 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 effectivenes s 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 dwelling 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.

Staff concluded that the current method in which Development Impact Fees are imposed either on a per unit basis or a per acreage basis has proven to be a fair means for housing developments. To charge based on a square footage basis would be unsupported by empirical data and less compliant with the Mitigation Fee Act.

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 charged for any discretionary development applications to be approved by the COUNTY within the 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 reques ted for COUNTY adoption.”

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“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 th at the fees comply with Section 66000 of the Government Code and other applicable State Law requirements…”

The resolution under consideration includes a statement of finding that the fees comply 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.

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.

3. Staff will return to Council with a recommendation for fee revisions to the water category following additional stakeholder meetings.

Prepared by: Sean Smith, Supervising Civil Engineer

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

RESOLUTION 23-__

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 Sect ion 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 imposed 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 a lternative 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 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 Attachment 1
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AGENDA ITEM NO. 17.

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; and

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, and continued the items to a date uncertain; and

WHEREAS, the City Council conducted a second duly noticed public hearing on the proposed adjustment to the City’s Development Impact Fees at the regular City Council meeting on June 5, 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 HERBY 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 Continuation 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) an 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 alternati ve 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.

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AGENDA ITEM NO. 17.

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 rates 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.

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 find 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 June 5, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: June 5, 2023

______________________________ ______________________________ Mayor City Clerk

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CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE
Effective August 7, 2023
Residential (Units per Acre) Water oversize Residential 2.0 or less $8,580 per unit All Areas except RT Ph 1,2 $1,682 per gross acre Residential 2.1 to 2.5 $8,580 per unit RT Park Phase 1, 2 $182 per gross acre Residential 2.6 to 3.0 $8,580 per unit Residential 3.1 to 3.5 $8,580 per unit Water front footage Residential 3.6 to 4.0 $8,580 per unit All Areas except RT Ph 1,2 $27.40 per linear foot Residential 4.1 to 4.5 $8,580 per unit RT Park Phase 1, 2 $0 Residential 4.6 to 5.0 $7,283 per unit Residential 5.1 to 5.5 $5,987 per unit Non-Potable Water System $2,454 per gross acre Residential 5.6 to 6.0 $5,851 per unit Residential 6.1 to 6.5 $5,716 per unit Residential 6.6 to 7.0 $5,581 per unit Water meter:

Residential 7.1 to 7.5 $5,445 per unit 3/4" $348 each Residential 7.6 to 8.0 $5,311 per unit 1" $435 each Residential 8.1 to 8.5 $5,174 per unit 1 1/2" (residential only) $737 each Residential 8.6 to 9.0 $5,038 per unit 2" (residential only) $940 each Residential 9.1 to 9.5 $4,902 per unit 1 1/2" (landscape) $946 each Residential 9.6 to 10.0 $4,768 per unit 2" (landscape) $1,080 each Residential 10.1 to 10.5 $4,632 per unit 3" (landscape) $1,520 each Residential 10.6 to 11.0 $4,490 per unit 4" (landscape) $2,523 each Residential 11.1 to 11.5 $4,437 per unit 6" (landscape) $4,559 each Residential 11.6 to 12.0 $4,383 per unit 1 1/2" (MFR & Non-res) $1,277 each Residential 12.1 to 12.5 $4,330 per unit 2" (MFR & Non-res) $1,449 each Residential 12.6 to 13.0 $4,275 per unit 3" (MFR & Non-res) $1,991 each Residential 13.1 to 13.5 $4,221 per unit 4" (MFR & Non-res) $3,120 each Residential 13.6 to 14.0 $4,168 per unit 6" (MFR & Non-res) $5,438 each Residential 14.1 to 14.5 $4,114 per unit Residential 14.6 to 15.0 $4,058 per unit Transceiver Fee $170 each Residential 15.1 to 15.5 $4,005 6474
Residential 15.6 to 16.0 $3,951 per unit Water service w/meter:

Residential 16.1 to 16.5 $3,899 per unit 3/4" $6,485 each Residential 16.6 to 17.0 $3,843 per unit 1" $6,572 each Residential 17.1 to 17.5 $3,789 per unit 1 1/2" $7,522 each Residential 17.6 to 18.0 $3,735 per unit 2" $8,166 each Residential 18.1 to 18.5 $3,682 per unit Residential 18.6 to 19.0 $3,628 per unit Residential 19.1 to 19.5 $3,574 per unit Residential 19.6 to 20.0 $3,518 per unit Commercial Retail $4.29 per bldg sf
Professional Office $4.29 per bldg sf
Industrial $1.16 per bldg sf
Schools $8,980 per gross acre
Public Facilities $2.32 per bldg sf
Assisted Living $4.06 per bldg sf
Water Major Facilities Water
Water Service
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Attachment 2
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AGENDA ITEM NO. 17.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE
Effective August 7, 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. 17.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE
Effective August 7, 2023
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Total SFR - Rural (0 - 0.5) per unit $7,968 $2,062 $860 $78 $10,968 SFR - Very Low Density (0.6 - 2) per unit $7,968 $2,062 $859 $78 $10,967 SFR - Low Density (2.1 - 4) per unit $7,968 $2,062 $860 $78 $10,968 SFR - Medium Density (4.1 - 7) per unit $7,968 $2,062 $859 $78 $10,967 MFR - Medium High Density (7.1 - 15) per unit $4,781 $1,237 $516 $47 $6,581 MFR - High (15.1 - 25) per unit $4,781 $1,237 $516 $47 $6,581 MFR - Very High (25.1 - 43) per unit $4,781 $1,237 $516 $47 $6,581 Retail per 1000 bldg sf $12,575 $3,254 $1,356 $122 $17,307 Office, Public Facilities per 1000 bldg sf $5,734 $1,484 $619 $56 $7,893 Industrial, Assisted Living per 1000 bldg sf $1,543 $399 $166 $15 $2,123 Schools per 1000 bldg sf $10,060 $2,603 $1,085 $98 $13,846 Churches per 1000 bldg sf $5,734 $1,484 $619 $56 $7,893 Mini Storage per gross acre $20,164 $5,214 $2,169 $196 $27,743 Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Total Industrial per 1000 bldg sf $1,256 $222 $121 $0 $1,599
Office per 1000 bldg sf $4,667 $825 $450 $0 $5,942
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Total SFR - Rural (0 - 0.5) per unit $412 $0 $105 $0 $517
SFR - Very Low Density (0.6 - 2) per unit $412 $0 $106 $0 $518 SFR - Low Density (2.1 - 4) per unit $412 $0 $106 $0 $518 SFR - Medium Density (4.1 - 7) per unit $412 $0 $106 $0 $518 MFR - Medium High Density (7.1 - 15) per unit $248 $0 $63 $0 $311 MFR - High (15.1 - 25) per unit $248 $0 $63 $0 $311
MFR - Very High (25.1 - 43) per unit $248 $0 $63 $0 $311 Retail per 1000 bldg sf $649 $0 $166 $0 $815
Office, Public Facilities per 1000 bldg sf $296 $0 $76 $0 $372 Industrial, Assisted Living per 1000 bldg sf $79 $0 $21 $0 $100 Schools per 1000 bldg sf $520 $0 $133 $0 $653
Churches per 1000 bldg sf $296 $0 $76 $0 $372
Mini Storage per gross acre $1,040 $0 $270 $0 $1,310
Area 1
Area 1 RT Park Phase 1, 2 Area 2
Street Fees
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CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE
Effective August 7, 2023
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Total SFR - Rural (0 - 0.5) per unit $76 $0 $37 $0 $113
SFR - Very Low Density (0.6 - 2) per unit $77 $0 $38 $0 $115 SFR - Low Density (2.1 - 4) per unit $77 $0 $38 $0 $115 SFR - Medium Density (4.1 - 7) per unit $77 $0 $38 $0 $115 MFR - Medium High Density (7.1 - 15) per unit $47 $0 $23 $0 $70 MFR - High (15.1 - 25) per unit $47 $0 $23 $0 $70
MFR - Very High (25.1 - 43) per unit $47 $0 $23 $0 $70
Retail per 1000 bldg sf $122 $0 $60 $0 $182
Office, Public Facilities per 1000 bldg sf $55 $0 $27 $0 $82 Industrial, Assisted Living per 1000 bldg sf $15 $0 $7 $0 $22 Schools per 1000 bldg sf $99 $0 $48 $0 $147
Churches per 1000 bldg sf $55 $0 $27 $0 $82
Mini Storage per gross acre $200 $0 $100 $0 $300
Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Total SFR - Rural (0 - 0.5) per unit $7,034 $2,482 $586 $686 $10,788 SFR - Very Low Density (0.6 - 2) per unit $7,033 $2,482 $585 $686 $10,786 SFR - Low Density (2.1 - 4) per unit $7,033 $2,483 $585 $687 $10,788 SFR - Medium Density (4.1 - 7) per unit $7,033 $2,482 $585 $687 $10,787 MFR - Medium High Density (7.1 - 15) per unit $4,220 $1,489 $351 $412 $6,472 MFR - High (15.1 - 25) per unit $4,220 $1,489 $351 $412 $6,472 MFR - Very High (25.1 - 43) per unit $4,220 $1,489 $351 $412 $6,472 Retail per 1000 bldg sf $11,100 $3,918 $924 $1,083 $17,025 Office, Public Facilities per 1000 bldg sf $5,062 $1,787 $421 $494 $7,764 Industrial, Assisted Living per 1000 bldg sf $1,362 $481 $113 $133 $2,089 Schools per 1000 bldg sf $8,880 $3,134 $739 $867 $13,620 Churches per 1000 bldg sf $5,062 $1,787 $421 $494 $7,764 Mini Storage per gross acre $17,799 $6,286 $1,477 $1,738 $27,300 Basis of Charge Outside Travel Lane Center Travel Lane Traffic Signals Bridges Total SFR - Rural (0 - 0.5) per unit $3,322 $1,710 $378 $214 $5,624 SFR - Very Low Density (0.6 - 2) per unit $3,321 $1,710 $378 $213 $5,622 SFR - Low Density (2.1 - 4) per unit $3,321 $1,710 $378 $213 $5,622 SFR - Medium Density (4.1 - 7) per unit $3,321 $1,710 $377 $213 $5,621 MFR - Medium High Density (7.1 - 15) per unit $1,993 $1,026 $227 $128 $3,374 MFR - High (15.1 - 25) per unit $1,993 $1,026 $227 $128 $3,374 MFR - Very High (25.1 - 43) per unit $1,993 $1,026 $227 $128 $3,374 Retail per 1000 bldg sf $5,242 $2,699 $596 $337 $8,874
Office, Public Facilities per 1000 bldg sf $2,390 $1,231 $272 $154 $4,047 Industrial per 1000 bldg sf $643 $331 $73 $41 $1,088
Schools per 1000 bldg sf $4,194 $2,159 $477 $270 $7,100 Churches per 1000 bldg sf $2,390 $1,231 $272 $154 $4,047 Mini Storage per gross acre $8,403 $4,326 $954 $536 $14,219 Area 3
Street Fees
Area 4
Area 5
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AGENDA ITEM NO. 17.

CITY OF CLOVIS

MASTER DEVELOPMENT FEE SCHEDULE
Effective August 7, 2023
Sewer oversize mains Water oversize mains: 10" $9.25 per linear foot 12" main $18.06 per linear foot 12" $23.05 per linear foot 14" main $32.60 per linear foot 15" $53.40 per linear foot 16" main $54.80 per linear foot 18" $90.90 per linear foot 18" main $71.42 per linear foot 21" $125.30 per linear foot 20" main $89.22 per linear foot 24" main $129.61 per linear foot
Sewer overdepth mains:

Water oversize valves: 8' to 12' in depth 12" valve $1,063.00 each 8" main $9.75 per linear foot 14" valve $1,431.75 each 10" main $12.35 per linear foot 16" valve $1,932.00 each 12" main $12.15 per linear foot 18" valve $2,314.95 each 15" main $16.55 per linear foot 20" valve $3,527.05 each 18" main $19.00 per linear foot 24” valve $5,359.00 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. 17.

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

6 of 7
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AGENDA ITEM NO. 17.

WILLOW
PEACH

MINNEWAWA
CLOVIS

SUNNYSIDE
FOWLER

ARMSTRONG
LOCAN

DE WOLF

LEONARD

HIGHLAND

THOMPSON

TEMPERANCE
COPPER

INTERNATIONAL

BEHYMER
PERRIN

SHEPHERD
TEAGUE
NEES

ALLUVIAL

HERNDON
SIERRA

BULLARD

BARSTOW
SHAW

GETTYSBURG
ASHLAN
DAKOTA

SHIELDS
WILLOW
PEACH

MINNEWAWA
CLOVIS

SUNNYSIDE
FOWLER

ARMSTRONG

TEMPERANCE
LOCAN
DEWOLF

LEONARD

HIGHLAND

THOMPSON
MCCALL
COPPER

INTERNATIONAL

BEHYMER
PERRIN

SHEPHERD
TEAGUE
NEES

ALLUVIAL

HERNDON
SIERRA

BULLARD

BARSTOW
SHAW

GETTYSBURG
ASHLAN
DAKOTA
U-1
U-2
U-3
U-4
AREA 1
AREA 3
AREA 4
AREA 2
AREA 5

STREET & UNDERGROUNDING

BOUNDARIES
JAN 18, 2018 NOT TO SCALE

STREET AREASUNDERGROUNDING AREAS
6 of 7
6 of 7

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7 of 7
173
AGENDA ITEM NO. 17.

Existing Fees Proposed Fees Difference Existing Fees Proposed Fees Difference Existing Fees Proposed Fees Difference Existing Fees Proposed Fees Difference Existing Fees Proposed Fees Difference Total $7,122,986 $7,516,106 $393,119 $10,123,207 $10,763,536 $640,328 $10,579,780 $11,105,180 $525,400 $18,563,810 $19,582,387 $1,018,576 $20,009,749 $21,098,183 $1,088,433 Per Unit $44,519 $46,976 $2,457 $38,935 $41,398 $2,463 $35,266 $37,017 $1,751 $32,007 $33,763 $1,756 $32,274 $34,029 $1,756 % Change 5.5% 6.3% 5.0% 5.5% 5.4%
Total $5,711,738 $5,819,026 $107,287 $7,829,930 $8,006,045 $176,115 $8,992,589 $9,195,965 $203,376 $15,495,241 $15,891,238 $395,997 $16,729,555 $17,152,472 $422,917 Per Unit $35,698 $36,369 $671 $30,115 $30,792 $677 $29,975 $30,653 $678 $26,716 $27,399 $683 $26,983 $27,665 $682 % Change 1.9% 2.2% 2.3% 2.6% 2.5%
Total $5,293,396 $5,412,539 $119,142 $7,370,683 $7,558,653 $187,970 $8,566,310 $8,781,541 $215,231 $15,000,469 $15,408,321 $407,852 $16,224,998 $16,659,771 $434,772 Per Unit $33,084 $33,828 $745 $28,349 $29,072 $723 $28,554 $29,272 $717 $25,863 $26,566 $703 $26,169 $26,871 $701 % Change 2.3% 2.6% 2.5% 2.7% 2.7%
Total $7,120,859 $7,470,756 $349,897 $10,130,509 $10,699,916 $569,406 $10,579,618 $11,055,871 $476,253 $18,579,563 $19,502,100 $922,537 $20,027,776 $21,013,471 $985,695 Per Unit $44,505 $46,692 $2,187 $38,964 $41,154 $2,190 $35,265 $36,853 $1,588 $32,034 $33,624 $1,591 $32,303 $33,893 $1,590 % Change 4.9% 5.6% 4.5% 5.0% 4.9%
Total $6,380,656 $6,624,489 $243,833 $8,935,495 $9,329,300 $393,805 $9,748,846 $10,105,222 $356,377 $16,985,074 $17,670,999 $685,925 $18,324,185 $19,056,592 $732,407 Per Unit $39,879 $41,403 $1,524 $34,367 $35,882 $1,515 $32,496 $33,684 $1,188 $29,285 $30,467 $1,183 $29,555 $30,736 $1,181 % Change 3.8% 4.4% 3.7% 4.0% 4.0%
Note: Water Supply Fee (Base Rate) will increase the development cost by $191,000.00 for Areas 1 through 5, as well as for all 40 acre residential developments.

FULL FEE UPDATE
Single-Family Fee Calculation Scenarios
2023-2024 Proposed Fee rates
Area 5

15.5 DU/AC (SFR) - 40 acre development4 DU/AC (SFR) - 40 acre development 6.5 DU/AC (SFR) - 40 acre development 7.5 DU/AC (SFR) - 40 acre development 14.5 DU/AC (SFR) - 40 acre development Area 1
.

Area 2
Area 3
Area 4

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Attachment 3
174
AGENDA ITEM NO. 17.

Existing Fees Proposed Fees Difference Existing Fees Proposed Fees Difference Existing Fees Proposed Fees Difference Existing Fees Proposed Fees Difference Total $9,972,303 $10,478,824 $506,521 $17,389,354 $18,371,431 $982,077 $18,754,296 $19,803,713 $1,049,417 $23,367,399 $24,722,717 $1,355,317 Per Unit $33,241 $34,929 $1,688 $29,982 $31,675 $1,693 $30,249 $31,941 $1,693 $29,209 $30,903 $1,694 % Change 5.1% 5.6% 5.6% 5.8%
Total $8,385,112 $8,569,609 $184,497 $14,320,784 $14,680,282 $359,497 $15,474,101 $15,858,002 $383,901 $19,134,890 $19,631,477 $496,587 Per Unit $27,950 $28,565 $615 $24,691 $25,311 $620 $24,958 $25,577 $619 $23,919 $24,539 $621 % Change 2.2% 2.5% 2.5% 2.6%
Total $7,958,832 $8,155,184 $196,352 $13,826,012 $14,197,365 $371,353 $14,969,545 $15,365,300 $395,756 $18,586,302 $19,094,745 $508,442 Per Unit $26,529 $27,184 $655 $23,838 $24,478 $640 $24,144 $24,783 $638 $23,233 $23,868 $636 % Change 2.5% 2.7% 2.6% 2.7%
Total $9,972,141 $10,429,515 $457,374 $17,405,106 $18,291,144 $886,038 $18,772,322 $19,719,001 $946,679 $23,395,657 $24,618,090 $1,222,434 Per Unit $33,240 $34,765 $1,525 $30,009 $31,536 $1,528 $30,278 $31,805 $1,527 $29,245 $30,773 $1,528 % Change 4.6% 5.1% 5.0% 5.2%
Total $9,141,368 $9,478,866 $337,498 $15,810,618 $16,460,044 $649,426 $17,068,731 $17,762,121 $693,390 $21,201,105 $22,095,206 $894,101 Per Unit $30,471 $31,596 $1,125 $27,260 $28,379 $1,120 $27,530 $28,649 $1,118 $26,501 $27,619 $1,118 % Change 3.7% 4.1% 4.1% 4.2%
Note: Water Supply Fee (Base Rate) will increase the development cost by $191,000.00 for Areas 1 through 5, as well as for all 40 acre residential developments. 2023-2024 Proposed Fee rates
Area 5

FULL FEE UPDATE
Area 4
Area 1
Area 2
Area 3
Multi-Family Fee Calculation Scenarios

7.5 DU/AC (MFR) - 40 acre development 14.5 DU/AC (MFR) - 40 acre development 15.5 DU/AC (MFR) - 40 acre development 20 DU/AC (MFR) - 40 acre development

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175
AGENDA ITEM NO. 17.

Existing Fees Proposed Fees Difference Existing Fees Proposed Fees Difference Existing Fees Proposed Fees Difference Total $279,417 $307,249 $27,833 $126,795 $134,242 $7,447 $207,826 $222,330 $14,504 % Change 10.0% 5.9% 7.0%
Total $158,124 $161,416 $3,292 $104,472 $107,409 $2,937 $152,525 $155,824 $3,299 % Change 2.1% 2.8% 2.2%
Total $143,705 $147,293 $3,588 $94,615 $97,849 $3,234 $141,138 $144,734 $3,596 % Change 2.5% 3.4% 2.5%
Total $280,273 $304,353 $24,080 $126,616 $133,389 $6,772 $207,998 $220,786 $12,788 % Change 8.6% 5.3% 6.1%
Total $217,462 $232,093 $14,631 $114,801 $119,929 $5,128 $179,161 $187,735 $8,575 % Change 6.7% 4.5% 4.8%
Note: Water Supply Fee (Base Rate) will increase the development cost by $4,780.00 per Acre for Areas 1 through 5.

Area 5
2023-2024 Proposed Fee rates
Non-Residential Fee Calculation Scenarios
Area 1
Retail (1 acre site) Industrial (1 acre site) Office (1 acre site) Area 2

FULL FEE UPDATE
Area 4
Area 3
(Core)

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176
AGENDA ITEM NO. 17.
2023-2024
Nexus Sheets
for
Development Impact Fees
Fiscal Year
177
AGENDA ITEM NO. 17.

Sewer Fees
Sewer Major Facilities Fee
Sewer Oversize Fee
Sewer Front Footage Fee
Sewer House Branch Construction Fee
Water Fees
Water Major Facilities Fee
Water Oversize Fee
Water Front Footage Fee
Non-Potable Water Fee
Water Supply Fee
Water Meter and Water Service with Meter Fee
Street Fees
Outside Travel Lane Fee
Center Travel Lane Fee
Traffic Signal Fee
Bridge Fee
Utility Undergrounding Fee
Park Acquisition & Development Fee
Community Sanitation Fee
Fire Department Fee
Police Department Fee
Library Fee
Appendix A
Table of Contents
Findings in Support of the Continuation of City Policies to Impose Residential Development Impact Fees on a Per Unit or Per Acreage Basis
Fiscal Year
2023-2024
178
AGENDA ITEM NO. 17.

Single Family Residential $9,325 per Unit* Single Family Residential $9,584 per Unit^ 2.8% Multi-Family Residential $7,554 per Unit* Multi-Family Residential $7,763 per Unit^ 2.8% Retail $5.60 per bldg sf ^^ Retail $5.75 per bldg sf ^^ 2.7% Office $4.75 per bldg sf ^^ Office/PF/School $4.89 per bldg sf ^^ 3.0% Industrial $2.61 per bldg sf ^^ Industrial $2.68 per bldg sf ^^ 2.7% Assisted Living $9,325 per EDU Assisted Living $9,584 per EDU 2.8% *Other $9,325 per EDU *Other $9,584 per EDU 2.8%
^ Unit is defined as each separate dwelling unit ^ Unit is defined as each separate dwelling unit ^^ Non-residential Fees are based on building square footage. ^^ Non-residential Fees are based on building square footage.

Purpose of Fee
Scope of Improvements covered
Debt Service on past capacity upgrades at the Fresno Regional Plant.

Construction and financing costs for future plant expansions.

Construction and financing costs for future upgrades and capacity purchases at the Fresno Regional plant.

Construction and financing costs for the future construction of Shepherd Avenue force mains and Dewolf trunk mains.

Construction and financing costs for the future construction of trunk mains to serve growth in Heritage Grove and the Northeast Village.

Nexus
Methodology

1. Calculate the total cost of system components and financing.

2. Calculate the number of units or EDU's that will benefit from and pay for the system according to relative system utilization per the sewer master plan.

3. Rate = total cost divided by units.

Summary of Factors contributing to Rate Change
- This year's adjustment was based on a comprehensive cost evaluation.

Sewer Major Facilities Fee
2023-2024
Existing Rates Proposed Rates
The Sewer Major Facilities fee pays for the construction and financing of major sewer trunk lines, treatment capacity, and recycled water transmision to serve growth.

Debt service on the construction of the City of Clovis treatment plant including the first 2.7 mgd treatment capacity, Pump Station E, Pump Station B, Ashlan Force mains, recycled water pump station and transmission system.

Sewage treatment, conveyance, and disposal systems are necessary to accommodate new development. Major components of the system are needed in advance of development and therefore must be constructed using financing. The rates are directly related to system utilization by each land use category and include development's share of financing and construction.

AB602: Residential usage have been measured on a land usage basis and then correlated to a per home basis. This same measurement is used to predict future capacity and treatment needs. There is a better correlation between City data and the number of homes than residential square footage. % change

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179
AGENDA ITEM NO. 17.

All Areas except RT Ph 1, 2 $1,190 per Gr. Ac.* All Areas except RT Ph 1, 2 $1,114 per Gr. Ac.^ -6.4% RT Park Phase1, 2 $0 per Gr. Ac.* RT Park Phase1, 2 $0 per Gr. Ac.^ * Gross Acre (Gr. Ac.) is defined as the total land area being ^ Gross Acre (Gr. Ac.) is defined as the total land area being developed plus 1/2 of the right-of-way on adjacent streets developed plus 1/2 of the right-of-way on adjacent streets Purpose of Fee
Scope of Improvements covered
Nexus
Methodology
Summary of Factors contributing to Rate Change
- This year's adjustment was based on a comprehensive cost evaluation.

Sewer Oversize Fee
2023-2024
In order to provide for the conveyance of sewage from all development, certain sewer mains are required to be larger than 8" in diameter or must be constructed at depths greater than 8'. The additional cost for these larger and/or deeper sewer mains is to be paid for by all development because all development receives benefit
AB602: Acreage is a common denominator between all land uses. Acreage is used for the basis of this fee in order to evenly distribute the share across the City. Therefore an acreage basis is more appropriate than a residential square footage basis.

1. Calculate the total cost of system components (those lines larger 8" diameter and/or greater than 8' in depth).

2. Calculate the total acreage of undeveloped (developable) land.

3. Rate = total cost divided by total gross acreage.

All sewer mains that are greater than 8" in diameter and all mains (including 8" diameter) constructed at depths greater than 8' are included.

Mains that are considered trunk mains are not included in the sewer oversize fee, but are included in the sewer major facilities fee.

Existing Rates Proposed Rates
The Sewer Oversize Fee pays for the difference in construction cost between 8" mains at standard depth (which are paid for with front footage fees) and any larger mains and/or mains constructed at greater than standard depth. % change

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180
AGENDA ITEM NO. 17.

All Areas except RT Ph 1, 2 $22.64 per Linear Ft.* All Areas except RT Ph 1, 2 $32.05 per Linear Ft.^ 41.5% RT Park Phase1, 2 $0.00 per Linear Ft.* RT Park Phase1, 2 $0 per Gr. Ac.^ * Measurement of linear footage is to include all adjacent ^ Measurement of linear footage is to include all adjacent streets, alleys, or easements where existing or proposed streets, alleys, or easements where existing or proposed sewer are (to be) installed. sewer are (to be) installed.

Purpose of Fee
Scope of Improvements covered
Nexus
Methodology
Summary of Factors contributing to Rate Change
- This year's adjustment was based on a comprehensive cost evaluation.

Sewer Front Footage Fee
2023-2024
All development benefits from the sewage collection system. Each property shares in the cost of the basic element of the collection system (8" sewer mains at standard depth) by providing for 1/2 the cost of any adjacent mains.

AB602: The repayment of this fee is on a lineal footage basis. There is no correlation with the size of the home.

1. Calculate the cost of 8" sewer main construction at 8' or less in depth on a linear foot basis.

2. Rate = 1/2 the construction cost per linear foot.

Existing Rates Proposed Rates
Development is responsible for the cost of 1/2 of the along all adjacent streets alleys and easements. The Sewer Front Footage Fee pays for the 1/2 construction cost of 8" mains at standard depth in order to reimburse developers who construct lines along properties that are not part of the developer's property.

The fee covers the cost attributable to 8" sewer main construction that are to be constructed in streets, alleys, or easements where other developments will have frontage and/or connect to the main. The component of cost for sewer mains that are in excess of 8" diameter or 8' in depth is not included and is paid for through the oversize sewer fee. Mains that are considered trunk mains are not included in the sewer front footage fee, but are included in the sewer major facilities fee. % change

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181
AGENDA ITEM NO. 17.
4" Lateral $136 per Linear Ft.* 4" Lateral $136.00 per Linear Ft.^ 0.0% 6" Lateral $138 per Linear Ft.* 6" Lateral $138.00 per Linear Ft.^ 0.0% * Linear footage refers to length of pipe installed. ^ Linear footage refers to length of pipe installed.

Purpose of Fee
Scope of Improvements covered
Nexus
Methodology
Summary of Factors contributing to Rate Change
- This year's adjustment was based on a comprehensive cost evaluation.

Sewer House Branch Construction
2023-2024
The fee represents direct cost recovery for property owner requested services.

AB602: The costs are per each item with no dependence upon size of the home. Therefore the per each basis is more appropriate than residential square footage.

1. Calculate the cost of 4" and 6" sewer lateral construction on a linear foot basis.

2. Rate = construction cost per linear foot.

Existing Rates Proposed Rates
This fee provides for cost recovery for City forces to supply and construct sewer house branches. While, in most cases, construction of sewer laterals is done by development, this fee provides for cost recovery when lateral construction is done using City forces at the election of the property owner and availability of City resources. Laterals installed by City forces normally occurs on individual residential connections to the sewer system.

The fee covers the cost to construct 4" or 6" sewer laterals from the main to the property line and includes all associated costs (excavation, pipeline construction, connection to main, backfill, compaction , resurfacing). % change

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182
AGENDA ITEM NO. 17.

Residential 2.0 or less $8,580 per Unit Residential 2.0 or less $8,580 per Unit 0.0% Residential 2.1 to 2.5 $8,580 per Unit Residential 2.1 to 2.5 $8,580 per Unit 0.0% Residential 2.6 to 3.0 $8,580 per Unit Residential 2.6 to 3.0 $8,580 per Unit 0.0% Residential 3.1 to 3.5 $8,580 per Unit Residential 3.1 to 3.5 $8,580 per Unit 0.0% Residential 3.6 to 4.0 $8,580 per Unit Residential 3.6 to 4.0 $8,580 per Unit 0.0% Residential 4.1 to 4.5 $8,580 per Unit Residential 4.1 to 4.5 $8,580 per Unit 0.0% Residential 4.6 to 5.0 $7,283 per Unit Residential 4.6 to 5.0 $7,283 per Unit 0.0% Residential 5.1 to 5.5 $5,987 per Unit Residential 5.1 to 5.5 $5,987 per Unit 0.0% Residential 5.6 to 6.0 $5,851 per Unit Residential 5.6 to 6.0 $5,851 per Unit 0.0% Residential 6.1 to 6.5 $5,716 per Unit Residential 6.1 to 6.5 $5,716 per Unit 0.0% Residential 6.6 to 7.0 $5,581 per Unit Residential 6.6 to 7.0 $5,581 per Unit 0.0% Residential 7.1 to 7.5 $5,445 per Unit Residential 7.1 to 7.5 $5,445 per Unit 0.0% Residential 7.6 to 8.0 $5,311 per Unit Residential 7.6 to 8.0 $5,311 per Unit 0.0% Residential 8.1 to 8.5 $5,174 per Unit Residential 8.1 to 8.5 $5,174 per Unit 0.0% Residential 8.6 to 9.0 $5,038 per Unit Residential 8.6 to 9.0 $5,038 per Unit 0.0% Residential 9.1 to 9.5 $4,902 per Unit Residential 9.1 to 9.5 $4,902 per Unit 0.0% Residential 9.6 to 10.0 $4,768 per Unit Residential 9.6 to 10.0 $4,768 per Unit 0.0% Residential 10.1 to 10.5 $4,632 per Unit Residential 10.1 to 10.5 $4,632 per Unit 0.0% Residential 10.6 to 11.0 $4,490 per Unit Residential 10.6 to 11.0 $4,490 per Unit 0.0% Residential 11.1 to 11.5 $4,437 per Unit Residential 11.1 to 11.5 $4,437 per Unit 0.0% Residential 11.6 to 12.0 $4,383 per Unit Residential 11.6 to 12.0 $4,383 per Unit 0.0% Residential 12.1 to 12.5 $4,330 per Unit Residential 12.1 to 12.5 $4,330 per Unit 0.0% Residential 12.6 to 13.0 $4,275 per Unit Residential 12.6 to 13.0 $4,275 per Unit 0.0% Residential 13.1 to 13.5 $4,221 per Unit Residential 13.1 to 13.5 $4,221 per Unit 0.0% Residential 13.6 to 14.0 $4,168 per Unit Residential 13.6 to 14.0 $4,168 per Unit 0.0% Residential 14.1 to 14.5 $4,114 per Unit Residential 14.1 to 14.5 $4,114 per Unit 0.0% Residential 14.6 to 15.0 $4,058 per Unit Residential 14.6 to 15.0 $4,058 per Unit 0.0% Residential 15.1 to 15.5 $4,005 per Unit Residential 15.1 to 15.5 $4,005 per Unit 0.0% Residential 15.6 to 16.0 $3,951 per Unit Residential 15.6 to 16.0 $3,951 per Unit 0.0% Residential 16.1 to 16.5 $3,899 per Unit Residential 16.1 to 16.5 $3,899 per Unit 0.0% Residential 16.6 to 17.0 $3,843 per Unit Residential 16.6 to 17.0 $3,843 per Unit 0.0% Residential 17.1 to 17.5 $3,789 per Unit Residential 17.1 to 17.5 $3,789 per Unit 0.0% Residential 17.6 to 18.0 $3,735 per Unit Residential 17.6 to 18.0 $3,735 per Unit 0.0% Residential 18.1 to 18.5 $3,682 per Unit Residential 18.1 to 18.5 $3,682 per Unit 0.0% Residential 18.6 to 19.0 $3,628 per Unit Residential 18.6 to 19.0 $3,628 per Unit 0.0% Residential 19.1 to 19.5 $3,574 per Unit Residential 19.1 to 19.5 $3,574 per Unit 0.0% Residential 19.6 to 20.0 $3,518 per Unit Residential 19.6 to 20.0 $3,518 per Unit 0.0% Commercial Retail $4.29 per bldg sf ^^ Commercial Retail $4.29 per bldg sf ^^ 0.0% Professional Office $4.29 per bldg sf ^^ Professional Office $4.29 per bldg sf ^^ 0.0% Industrial $1.16 per bldg sf ^^ Industrial $1.16 per bldg sf ^^ 0.0% Schools/Parks $8,980 per Gr. Ac.^ Schools/Parks $8,980 per Gr. Ac.^ 0.0% Public Facilities $2.32 per bldg sf ^^ Public Facilities $2.32 per bldg sf ^^ 0.0% Assisted Living $4.06 per bldg sf ^^ Assisted Living $4.06 per bldg sf ^^ 0.0% ^ Gross Acre (Gr. Ac.) is defined as the total land area being ^ Gross Acre (Gr. Ac.) is defined as the total land area being developed plus 1/2 of the right-of-way on adjacent streets developed plus 1/2 of the right-of-way on adjacent streets ^^ bldg sf = building square foot ^^ bldg sf = building square foot Water Major Facilities Fee
2023-2024
Existing Rates Proposed Rates
% change

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Clovis City CouncilJune 5, 2023

Clovis City Council
June 5, 2023