Agenda packet — Clovis City Council, August 7, 2023

August 07, 2023 - 1 - 2:41 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

August 07, 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 August 07, 2023 - 2 - 2:41 PM Verbal Comments

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

 You will be asked to provide your name, phone number, and your email. You will be emailed instructions to log into Webex to participate in the meeting. Staff recommends participants log into the Webex at 5:30 p.m. the day of the meeting to perform an audio and mic check.

 All callers will be placed on mute, and at the appropriate time for your comment your microphone will be unmuted.

 In order for everyone to be heard, please limit you r comments to 5 minutes or less, or 10 minutes per topic

Webex Participation

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

CALL TO ORDER
FLAG SALUTE - Councilmember Basgall

ROLL CALL

PRESENTATIONS/PROCLAMATIONS

1. Presentation by Marjaree Mason Center – 10-year anniversary of the Clovis Safe House.

PUBLIC COMMENTS - This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 5 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact the City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.

ORDINANCES AND RESOLUTIONS - With respect to the approval of resolutions and ordinances, the reading of the title shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.
2 August 07, 2023 - 3 - 2:41 PM CONSENT CALENDAR - Items considered routine in natu re are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, o nly those that have received a unanimous vote upon introduction are considered Consent items.

2. Administration - Approval - Minutes from the July 10, 2023, Council Meeting.

3. Administration - Receive and File – Economic Development Corporation Serving Fresno County Quarterly Report, April – June 2023.

4. Administration - Approval - Authorize the renewal of Geographic Information System software maintenance and support from ESRI, Inc in the amount of $104,000 per year for three years.

5. Administration - Approval – Waive Normal Purchasing Proce ss and approve the purchase of a next generation antivirus system from the Center for Internet Security using the California Multiple Award Schedule (CMAS) purchasing program; a competitively bid contract with purchasing provisions for California State and Local government agencies in the amount of $75,048.19.

6. Administration - Approval – Waive Normal Purchasing Process and approve the purchase of replacement desktop computers and servers using competi tively bid contracts with purchasing provisions for California State and Local government agencies.

7. Finance – Receive and File – Findings & Recommendations from Community Facilities District Citizens Oversight Committee.

8. General Services – Approval – Res. 23___, Approving a Side Letter Agreement wi th Clovis Police Officers Association to Identify Specific Paid Holidays within the CPOA MOU; and Authorizing the City Manager to Execute the Agreement.

9. General Services – Approval – Res. 23-___, Approving a Side Letter Agreement with Clovis Firefighters Association Providing Dedicated Clinical Director Incentive Pay; and Approval – Res. 23-___, Approving a Side Letter Agreement with Clovis Firefighters Association to Identify Specific Paid Holidays w ithin the CFFA MOU; and Authorizing the City Manager to Execute the Agreements.

10. General Services – Approval – Res. 23-___, Authorizing an Increased Loan Amount through the California Energy Commission for Solar Project Funding; and Finding that the Project is Exempt from CEQA Pursuant to Class 1 and Class 2 Categorical Exemptions.

11. General Services – Approval - Claim Rejection of the General Liability Claim on behalf of Mark Stevenson.

12. General Services – Approval - Claim Rejection of the General Liability Claim on behalf of David Ortega, Annette Ortega, Alondra Ortega-Duenas, and Adrian Ortega.

13. General Services – Approval – Res. 2 3-___, Renewing Medical Plan Options for Eligible Retirees and Restating the Eligibility Requirements for Participation in the Plan.

14. General Services - Approval – Res. 23-___, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Engineering Program Manager Classification with a Salary Range of $9,286 to $11,288 per month, and Approval – Res. 23-___, Amending the City’s FY 23-24 Position Allocation Plan.

3 August 07, 2023 - 4 - 2:41 PM

15. Planning and Development Services – Approval – Rejection of all bids for CIP 22 -05 Trail Pavement Maintenance 2022.

16. Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6254, located at the northeast corner of Leonard and Barstow Avenues (BN 6120 LP (Bonadelle Homes, Inc.)).

17. Planning and Development Services - Approval – Res. 23 -___, Annexation of Miscellaneous Properties to the Landscape Maintenance District No. 1.

18. Planning and Development Services – Receive and File – Annual Department Newsletter.

19. Planning and Development Services – Approval – Partial Acceptance for Final Map for Tract 6154, located at the northwest corner of Teague and Fowler Avenue (Woodside 06N, LP, a California Limited Partnership).

20. Planning and Development Services – Approval – Bid Award for CIP 21 -11 Fowler Avenue Street Improvements; and Authorize the City Manager to Execute the Contract on behalf of the City.

21. Police - Approval - Authorize the renewal of the New World Computer Aided Dispatch System 5 -year subscription, maintenance and support agreement from Tyler Technologies, Inc. in the amount of $1,047,299.12.

COUNCIL ITEMS

22. Consider Approval – Designation of Voting Delegate and Alternate for the League of California Cities’ Annual Conference and Business Meeting on September 20 -22, 2023.

Staff: John Holt, City Manager
Recommendation: Approve

23. Consider Approval – To provide letters of Opposition for Senate Bill 423 (Wiener) and Assembly Bill 309 (Lee) – Greatly Expanding State Authority to Approve Housing on State-Owned or -Leased Lands.

Staff: John Holt, City Manager
Recommendation: Approve

24. 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.
4 August 07, 2023 - 5 - 2:41 PM

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

26. Government Code Section 54956.9(d)(2)
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation

ADJOURNMENT

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

August 14, 2023 (Mon.) (To be Cancelled)
August 21, 2023 (Mon.)
September 5, 2023 (Tue.)
September 11, 2023 (Mon.)
September 18, 2023 (Mon.)

5 PRELIMINARY - SUBJECT TO APPROVAL

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CLOVIS CITY COUNCIL MEETING

July 10, 2023 6:00 P.M. Council Chamber

Meeting called to order by Mayor Ashbeck
Flag Salute led by Councilmember Pearce

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

PUBLIC COMMENTS – 6:02

Charles Brough, Resident, shared concerns regarding the design of the new Landmark Square buildings and various street intersections throughout the city.

David Flum, Resident, shared concerns regarding “chip seals” that are used in street repairs and are causing damage to tires.

Bill Brigg, Resident, spoke in opposition of the LGBTQ+ books in the library.

Tracy Boren, Resident, spoke in support of the LGBTQ+ books in the library and shared concerns regarding Councilmember Pearce’s social media post.

Jennifer Cruz, Resident, spoke in support of the LGBTQ+ books in the library and shared concerns regarding Councilmember Pearce’s social media post.

Jenni-Ann Kren, Resident, shared concerns regarding Councilmember Pearce’s social media post regarding the LGBTQ+ books in the library.

David Raul, Resident, shared concerns regarding Councilmember Pearce’s social media post regarding the LGBTQ+ books in the library.

Matthew Vang, Resident, spoke in support of the LGBTQ+ books in the library.

CONSENT CALENDAR – 6:45

Motion by Councilmember Basgall, seconded by Councilmember Mouanoutoua, that the items on the Consent Calendar be approved, including the waiver of the reading of the ordinance. Motion carried by unanimous vote.

1. Administration - Approved - Minutes from the June 19, 2023, Council Meeting.

2. Administration - Adopted – Ord. 23 -05, Ordinance Amendment 2023 -001, A request to amend sections of Title 9 of the Clovis Municipal Code (“Development Code”) as a semi- 6 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

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annual cleanup to address changes, deletions, and content errors as a result of the 2014 Development Code Update. City of Clovis, applicant. (Vote: 5-0)

3. Administration - Received and Filed – Business Organization of Old Town (BOOT) Fourth Quarter Report, April through June 2023.

4. Finance – Approved - Res. 23-60, Measure C Extension Local Transportation Pass Through Revenues Certification and Claim Forms for 2023-24.

5. Finance – Received and Filed – Investment Report for the Month of April 2023.

6. Finance – Received and Filed – Treasurer’s Report for the Month of April 2023.

7. General Services – Approved - Res. 23 -61, Appointing the City Manager as Plan Administrator of the City’s Deferred Compensation Plan.

8. General Services - Approved – Res. 23-62, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Traffic Signal Operations Specialist Classification with a Salary Range of $7,112 to $8,645 per month.

9. General Services – Approved - Claim Rejection of the G eneral Liability Claim on behalf of Bryan Booth, Mason Booth, Ernesto Gonzales Jr., and Manuel Gonzales.

10. Planning and Development Services – Approved – Bid Award for CIP 22-05 Trail Pavement Maintenance 2022; and Authorize the City Manager to Execute the Contract on behalf of the City.

CITY MANAGER COMMENTS – 6:00

COUNCIL COMMENTS – 6:45

CLOSED SESSION – 7:11

11. GOVERNMENT CODE SECT ION 54957.6 CONFERENCE WITH LAB OR NEGOTIATORS AGENCY DESIGNATED REPRESENTATIVES: JOHN HOLT, ANDREW HAUSSLER, SHONNA HAL TERMAN, SCOTT CROSS EMPLOYEE ORGANIZATIO N:

CLOVIS POLICE OFFICERS ASSOCIATION, CLOVIS FIREFIGHTERS ASSOCIATION

12. GOVERNMENT CODE SECT ION 54956.9( D)(1) CONFERENCE WITH LEGA L COUNSEL – EXISTING L ITIGATION CASE NAME: DESIREE M ARTINEZ 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 August 7, 2023

Meeting adjourned: 7:40 p.m.

______________________________ ________________________________ Mayor City Clerk
7 AGENDA ITEM NO. 2.

TO: Mayor and City Council
FROM: Administration
DATE: August 7, 2023
SUBJECT: Administration - Receive and File – Economic Development Corporation Serving Fresno County Quarterly Report, April – June 2023.

ATTACHMENTS: 1. EDC Fourth Quarter Report, April 1 – June 30, 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 Fourth Quarter Report, April 1 – June 30, 2023, from the Economic Development Corporation Serving Fresno County.

EXECUTIVE SUMMARY
The Economic Development Corporation serving Fresno County ( EDC) has submitted their Fourth Quarter Report of activities for the City Council to receive and file, as required per the 2022-2023 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 the progress of their acti vities 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.

8 AGENDA ITEM NO. 3.

Highlights of the EDC quarterly report include:

FISCAL IMPACT
The City will forward the fourth 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

9 AGENDA ITEM NO. 3.

City of Clovis
Quarterly Activity Report
Quarter 4
Fiscal Year 2022-2023
April 1, 2023 – June 30, 2023
Lee Ann Eager President/CEO
Sherry Neil Chief Operating Officer
Paul Thorn Controller
Will Oliver VP of Business Services
Chris Zeitz Director of Special Projects
Julian Ramos Client Services Manager
Jackie Cuevas Business Expansion and Retention Coordinator Spencer Bremer Research Analyst
Marcia Dansby Economic Development Specialist
Cindy De La Rosa Employer Engagement Specialist
Danielle Dixon-Oglesby Workforce Training Coordinator
Darian Galindo Business Retention Specialist
Cody Laird Economic Development Specialist
Marcella Lara Business Retention Specialist
Tiffany Louk Business Attraction Specialist
Kaila Lugo Office Administrator
Merritt Pacini Executive Assistant to the CEO
Jennifer Sanchez Economic Development Specialist
Mai See Vang Program Coordinator
Malee Vang Social Care Coordinator
Ross Williams Research Analyst
ATTACHMENT 1 10
AGENDA ITEM NO. 3.

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 site selection for new busin esses within Fresno County, and assist in the retention and expansion of businesses through our alliance w ith 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.
11 AGENDA ITEM NO. 3.

Q4 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:

Q4 FY23 FY23
Businesses Served 7 56
Business Referrals 0 27

Type Goal Q4 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 1 1 50%
New Business Leads 40 7 48 120%
Targeted Healthcare Engagements 20 9 41 205%

Clients and Businesses Served
Accounting America
Action Equipment Rentals
CALBEC Group
City of Clovis
Elite Landscaping
Facelogic Spa
HuckleBerry's Clovis

12 AGENDA ITEM NO. 3.

City of Clovis Economic Snapshot
Quarter 4, FY22-23
Industrial, Office, and Retail Vacancy

This quarter in the City of Clovis, the industrial vacancy rate remained 0.2%, the office vacancy rate decreased from 8.9% to

8.3%, and the retail vacancy rate increased from 4.0% to 4.3%.

Source: CoStar.com
May 2023 Unemployment Rates
The preliminary unemployment rate in Clovis was 3.6% in May 2023, a decrease from 3.8% in February 2023. This compares with a non-seasonally adjusted unemployment rate of 4.5% for California and 3.7% for the nation during the same period.

Source: State of California Employment Development Department

Q4 FY22-23 Industrial Office Retail
Fresno County 2.7% 8.5% 4.5%
City of Clovis 0.2% 8.3% 4.3%
Area Labor Force Unemployment Rate
Fresno County 465,600 7.5% City of Clovis 58,700 3.6%
13 AGENDA ITEM NO. 3.

Business Attraction and Expansion Activity
During the fourth quarter, the EDC generated 9 new business leads and responded to 2 requests for information.

Q4 FY23 FY23
New Business Leads 9 51
Requests for Information 2 13

New Leads

MONTH CLIENT

NUMBER SOURCE INDUSTRY JOBS SITE REQUIREMENTS PARTICIPATING CITIES
APRIL
230418A1 City/County
Lead
Chemical
Manufacturing 100 20-30 AC All
230411A1 Chamber Lead Entertainment 20 30,000 - 40,000 SF All 230323A1 Direct Lead Restaurant 5 TBD Fresno
MAY

230522A1 Real Estate
Agent/Broker
Industrial Mineral
Manufacturing 10 4-8 AC All
230516 Local Partner
Electrical
Equipment
Manufacturing
5 12,000 – 15,000 SF
Warehouse All
230403 Real Estate
Agent/Broker Legal Services 40 TBD Fresno
Project Joe10 GO-Biz Lead Chemical
Manufacturing 20
30,000-35,000 SF
Industrial
8,000-12,000 SF
Warehouse
1,700-2,200 SF Office
All
JUNE

230621 City Lead Real Estate TBD TBD Fresno
230314 Trade Show Ag Tech TBD TBD All

14 AGENDA ITEM NO. 3.

Requests For Information

MONTH CLIENT

NUMBER SOURCE INDUSTRY DETAILS

APRIL RFI
230404A1
Direct
Lead
Food &
Beverage
Client is opening a whiskey lounge in the Brewery District.

He will be submitting plans for construction to the city in the coming weeks.

MAY RFI - 230425 Direct
Lead Utilities
Client is a new public utility in the state that is building high-voltage transmission projects (no retail customers) under the jurisdiction of the Public Utilities Commission.

The purpose of the project is to enhance grid reliability and to support the expansion of renewable energy generation.

15 AGENDA ITEM NO. 3.

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.

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.

Good Jobs Manufacturing Generalist
Six Week Program. The partnership between San Joaquin Manufacturing Alliance, The National Manufacturing Institute, California Tooling & Machining Apprenticeship Association (CTMAA), City of Reedley, and Reedley College provides a 6-week program comprised of applied and classroom-based instruction in Computer Aided Drafting & Design, Computer Aided Manufacturing & Machining, Electrical Systems Technology, Maintenance Mechanics and Welding.

16 AGENDA ITEM NO. 3.

Quarterly Activity Report
Highlights
April 2023
Real Estate Forecast | All
We’ve done it again! After half a year of focused preparation, EDC Staff threw a night to remember in the form of the 2023 Real Estate Forecast: “Stayin’ Alive!” The traditional format was altered with the addition of Dr. Christopher Thornberg as the keynote speaker. Dr. Thornberg addressed the post- pandemic economy nationwide, in California, and in Fresno County, to an enthusiastic audience. EDC Chair Nick Audino served as a sensational emcee, moderating a vibrant discussion between Brian Domingos, Jr., Sullivan Grosz, Robin Kane, and Buk Wagner, who provided their expert insight into their respective real estate sectors: Residential, Agriculture, Multi-Family, and Industrial.

17 AGENDA ITEM NO. 3.

Quarterly Activity Report
Foreign Trade Zone Webinar | All
Fresno EDC Business Attraction Specialist and FDI Lead Tiffany Louk had the pleasure of moderating the International Economic Development Council webinar, “Trade Zones and Opportunities in Canada and the US.” She recruited Fresno Foreign Trade Zone Director Lexington Brownrigg to share her expertise alongside Matthew Johnson, Executive Director of Mobility Partnerships, and Innovation at Invest Windsor Essex in Canada. The webinar was attended by over 30 representatives of Economic Development Organizations across North America. Please visit:
https://www.iedconline.org/events/2023/04/27/archived-webinars/trade-zones-and-opportunities-in- canada-and-the-us/ to watch the webinar recording.

Central Valley Training Center| Fresno County
Fresno County EDC staff held mock interviews with students from CVTC cohort 8 on Monday, April 24, 2023. The students arrived well-dressed with resumes and tools to conduct themselves professionally during interviews. The students performed admirably during the mock interviews and felt confident in their abilities for the upcoming Job Fair. On Thursday, April 27, 2023, 18 businesses were present at the Job Fair, and the students were thrilled to meet them. Some students received interview offers for potential employment opportunities scheduled for another day. Additionally, cohort 9 students attended the Job Fair and had the chance to meet business representatives. They expressed their gratitude for the opportunity. CVTC graduation occurred on Friday, April 28, 2023, during which 14 students were recognized for their hard work. Two students passed the IBEW test, five were indentured to the Laborers and Roofers, and six received perfect attendance awards. The students' families, dignitaries from the High-Speed Rail Authority, the City of Selma, and the Building Trades Commission attended the ceremony. Two students provided encouragement to their peers through speeches.

18 AGENDA ITEM NO. 3.

Quarterly Activity Report
Good Jobs Challenge - Community Based Organization Meeting | All Fresno EDC’s Good Jobs Challenge team met with 15 community-based organizations from all around the region to provide an informational update about the grant. Part of our recruitment and retention strategy for the workforce training programs that will be funded by this grant includes a large network of community-based organizations to provide participants with support on their skills-building and employment pathways. EDC also launched a CBO survey with this meeting and is now in the process of working one-on-one with CBOs to learn more about how they can support and benefit from this historic opportunity for our region.

New Employment Opportunities Program | Fresno County
With the help of the BEAR team, four new businesses – Alert-O-Lite, Sequoia Print and Shine, Poverello House, and Milagros Multiservice Corporation – have been successfully enrolled in the New Employment Opportunities Program to fulfill their workforce needs. These businesses have actively sought employees, and some have even been able to hire full-time employees. Moving forward, the BEAR team will continue to work closely with these enrolled businesses. In particular, eGourmet Solutions Inc. is looking to hire for more than 10 positions and the BEAR team will provide assistance with a business recruitment job fair scheduled for May 17th.

19 AGENDA ITEM NO. 3.

Quarterly Activity Report
May 2023
EDC Staff Strategic Planning Day | All
Fresno County EDC staff enjoyed an incredibly productive Strategic Planning Day on May 11, 2023, at Holland Park West. The discussion was dynamic, with staff engaging on topics ranging from expanding community reach of our workforce development programs, to illustrating the impact of our economic development initiatives through data analysis and leveraging the expertise of our Board of Directors to amplify our reach.

eGourmet Solutions Inc. Job Fair Recruitment | Fresno County The Economic Development Corporation (EDC) Business Retention and Expansion (BRE) team provided assistance to eGourmet Solutions Inc. in fulfilling their workforce needs for more than 10 available positions. They organized a recruitment job fair at eGourmet's premises on May 16, 2023. The EDC BRE team created job fair flyers, which were distributed to participants of the New Employment Opportunities program (NEO) and other workforce partners. The job fair was highly successful, attracting over 50 individuals who were actively seeking employment. eGourmet hosted a facility tour and conducted immediate interviews. As a result, they hired 2 participants from the NEO program and filled 10 additional positions from the job fair attendees.

CERF Meeting | Fresno County
Fresno County EDC Business Expansion and Retention Coordinator Jackie Cuevas and Client Services Manager Julian Ramos attended the Valley CERF Fresno County 1st Table Meeting at the Kerman Community Center May 12th. The objective of this meeting was to provide an overview of the CERF program and its purpose, review important data from the Cal Enviro-Screen, vote on requirements for the community outreach RFP, and discuss the meeting schedule and goals for the next 12 months.

20 AGENDA ITEM NO. 3.

Quarterly Activity Report
SelectUSA | All
Fresno EDC worked closely with the California Governor’s Office of Business and Economic Development (GO-Biz) as the fiduciary for the SelectUSA Summit. Fresno EDC Business Attraction Specialist and FDI Lead Tiffany Louk flew to Washington, D.C. to attend the Summit May 1-4. She organized and conducted meetings with business investors and government officials from all over the world seeking to invest in U.S. business. She attended receptions held by the nations of Sweden, Israel, India, and Japan to promote Fresno as the premier location for business prosperity in California and the United States. She collaborated with EDC’s state, regional, and local partners to advertise the boundless economic opportunities available to businesses that locate in California.

eGourmet Solutions Inc. NEO Testimonial | Fresno County “The NEO Program is amazing, almost too good to be true. We have been able to staff our team with qualified individuals that are perfect fits for the positions. This is due to the EDC staffing. The Fresno EDC team went above and beyond to ensure they understood our needs and the aspects of the business to find the right candidates. eGourmet Solutions Inc. is very thankful to have the NEO program to help grow our business and community in Fresno.” - Chanelle Vanwestering, HR

21 AGENDA ITEM NO. 3.

Quarterly Activity Report
Central Valley Training Center Cohort 8 | All
Since the beginning of May, the EDC has had 4 graduates from CVTC cohort 8 indentured into the Laborers Union, along with one student in the Operators union, and another in the cement masons. All six students have obtained employment and are on their way to a bright future.

International Council of Shopping Centers | All
EDC President & CEO Lee Ann Eager and COO Sherry Neil had several productive meetings at the International Council of Shopping Centers (ICSC) conference in Las Vegas in partnership with Team California. Lee Ann and Sherry were able to showcase our fantastic cities and speak to retailers from across the nation. It was a great opportunity to deepen existing relationships, create new connections and discuss the endless opportunities that await retailers here in Fresno County. 22 AGENDA ITEM NO. 3.

Quarterly Activity Report
June 2023
Good Jobs Challenge Manufacturing Generalist Program | All The Good Jobs Challenge launched its first five-week pilot program, Manufacturing Generalist, on June 26, 2023, offering training for entry-level manufacturing skills. We are delighted to have received ten enrollments into the pilot program referred to us by the adult school, non-profit organizations, and employers. To kick off the program, the Director of Special Projects Chris Zeitz, Program Coordinator Mai See Vang-Hernandez, and the Social Care Coordinator Malee Vang attended the first day of class to welcome the new students and to meet the instructors. They took the opportunity to provide an overview of the Good Jobs Challenge grant and shared about the supportive service for gas assistance, which aims to reduce transportation barriers. The curriculum for the Manufacturing Generalist Program was developed by Dick Herman from CTMAA and taught by Reedley College instructor Estevan Arreguin, the curriculum ensures a comprehensive learning experience.

At Good Jobs Challenge, we are committed to not only providing training but also creating tangible job opportunities for our students. Currently, three manufacturing employers have dedicated their support by offering interview opportunities to our program graduates. These interviews have the potential to open doors to employment opportunities. The Manufacturing Generalist Program is scheduled to end on July 28, 2023 with students receiving certificates of completion and OSHA 10 certification, further enhancing their skill set.

23 AGENDA ITEM NO. 3.

Quarterly Activity Report
VAC Graduation | Fresno County
On June 23, 2023, Danielle Dixon-Oglesby, Cindy De La Rosa, and Jackie Cuevas, members of the Fresno County EDC Staff, had the pleasure of attending the Valley Apprenticeship Connections Graduation. The event was truly remarkable, with three DSS graduates from cohort #22. Each student was recognized for their outstanding leadership abilities and received awards accordingly. Notably, one student received a job offer from a construction company currently engaged in California Highway 46 projects. During the graduation ceremony, each student spoke passionately about how the program has paved the way for their future careers, expressing deep gratitude for the invaluable experience it provided them.

Truck Driver Training Orientation | Fresno County
During the Orientation held on June 29th, 2023, Danielle Dixon-Oglesby took the stage to share her responsibilities as the Workforce Training Coordinator within the program. She highlighted the comprehensive support provided to students throughout their training journey and even after its completion with job placement assistance. The students were encouraged to voice any concerns they may have. Additional support includes job leads and assistance in finding employment opportunities. In addition to Danielle's presentation, both Department of Social Services and West Hills staff members engaged in a discussion concerning program specifics and emphasized the significance of consistent attendance and unwavering commitment from the students.

24 AGENDA ITEM NO. 3.

Quarterly Activity Report
DSS Orientation | Fresno County
On June 22, 2023, Jackie Cuevas, the BEAR Coordinator of Fresno County EDC, along with the Retention team and Workforce Training Coordinator Danielle Dixon Oglesby, attended the DSS new Job Specialist orientation. Jobs Specialists work closely with the client population and are critical to informing jobseekers of training and employment opportunities in partnership with the EDC. The team introduced themselves and presented an overview of the EDC to establish our partnership with DSS. The focus of the discussion was on the various training programs offered, including the NEO program, Truck Driving, and Valley Apprenticeship Connections program.

Recognizing the significance of fostering collaboration between the teams, it was emphasized that meeting and understanding each other's roles and responsibilities is vital for the success of our programs. Our objective is to ensure that the new job specialists are well-informed about our programs so they can effectively promote them to job seekers from DSS. The EDC is committed to participating in future orientations to continue building our partnership with DSS.

EDC Board Retreat | All
Fresno County EDC hosted our annual Board and Staff Retreat at Table Mountain Casino Resort on June It was a productive two days as EDC staff collaborated with board members, seasoned experts spanning diverse industries across the county, on our Strategic Planning Goals. EDC staff would like to thank our dedicated board members who give up their time to ensure that the mission and vision of the EDC is accomplished. We appreciate your passion and dedication!

25 AGENDA ITEM NO. 3.

FY 22-23 Overview of Work Product Deliverables FY 2022 – 2023 Target Outcomes Q4 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 Completed
Respond to all City of Clovis business
inquires and connect them to
appropriate resources
56 Businesses contacted and
27 Referrals provided in
FY23.

Comparative Healthcare Analysis (HCA)
Enhancement & Recruitment Plan Completed
2 Broker Events 1 Broker Event held in FY23
40 new business leads 48 New Business Leads in
FY23.
20 targeted healthcare company
engagements from HCA Completed
Economic Profile Update Completed

26 AGENDA ITEM NO. 3.

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.

27 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: Administration
DATE: August 7, 2023
SUBJECT: Administration - Approval - Authorize the renewal of Geographic Information System software maintenance and support from ESRI, Inc in the amount of $104,000 per year for three years.

ATTACHMENTS: 1. ESRI 3-Year Enterprise Agreement

RECOMMENDATION
For the Council authorize the City Manager to execute a three (3) year software and support agreement with ESRI, Inc. for the city’s Geographic Information System software for $ 312,000 plus tax, payable at $104,000 each year.

EXECUTIVE SUMMARY
The City’s current ESRI, Inc. three (3) year software agreement e xpires in September. ESRI, Inc. offers cities with populations of under 1 25,000 licensing of its core applications plus additional software at a flat cost of $104,000 per year with a three (3) year contract. This enables the City to simplify the licensing structure and the software update process, and adds capabilities through additional products that otherwise would be licensed separately.

In order to remain in compliance with the licensing and use of the geographic information systems (GIS) software, it is recommended that the three (3) year standard maintenance contract be renewed.

BACKGROUND
ESRI, Inc. is the preeminent software for geographic info rmation systems (GIS). The City of Clovis uses ESRI software in developing, maintaining, and distributing geographic -based information throughout the region. GIS has historically been used extensively by City employees, including Police, Fire, Public Utilities, and Planning and Development Services. 28 AGENDA ITEM NO. 4.

There is significant potential to increase application of GIS technology in many operational and technical areas within the city. The City greatly benefits from an Enterprise License Agreement (ELA) in:

 Lower cost per unit for licensed software
 Reduced administrative and procurement expenses
 Provides cost certainty for the three-year term
 Maintenance on all ESRI software under a single agreement  Flexibility to deploy software products when and where needed.

The ELA will continue to give City staff access to tools needed for development of maps and maintenance of information databases. This includes tools for developing and distributing GIS data via the web.

The City’s current maintenance contract with ESRI will expire in September. There is a n increase in the cost due to ESRI basing its cost structure on the population numbers from 2020 Census data, which puts us in the under 1 25,000 population. Staff is recommending that the three (3) year ELA at $104,000 per year be renewed as the standard maintenance contract.

FISCAL IMPACT
The cost of purchasing the upgraded licenses and maintenance is included in the I.T. Division budget for Fiscal Year 2023-2024

REASON FOR RECOMMENDATION
In order to remain in compliance, we must renew our licensing agreement. The proposed ESRI Small Municipal and County Enterprise License Agreement provides more functionality at a reduced cost per unit to the city and guarantees a renewal rate until at least 2026.

ACTIONS FOLLOWING APPROVAL
After Council approval, Staff will renew the maintenance agreement with ESRI, Inc. under the proposed Small Municipal and County Enterprise License Agreement.

Prepared by: Jesse Velez, I.T. Deputy Director

Reviewed by: City Manager AH
29 AGENDA ITEM NO. 4.

Quotation # Q-477276
Date: July 24, 2023
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 40167 Contract #
City of Clovis
City Manager
1033 5th St
Clovis, CA 93612-1313
To expedite your order, please attach a copy of ATTENTION: Bill Fox this quotation to your purchase order. PHONE: (559) 324-2155 Quote is valid from: 2/8/2023 To: 8/7/2023 EMAIL: [email protected] Material Qty Term Unit Price Total
168180 1 Year 1 $85,000.00 $85,000.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 168180 1 Year 2 $85,000.00 $85,000.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 168180 1 Year 3 $85,000.00 $85,000.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 159630 1 Year 1 $19,000.00 $19,000.00
ArcGIS StreetMap Premium USA State Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription
159630 1 Year 2 $19,000.00 $19,000.00
ArcGIS StreetMap Premium USA State Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription
159630 1 Year 3 $19,000.00 $19,000.00
ArcGIS StreetMap Premium USA State Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Corey Welsh
Email:
[email protected]
Phone:
(916) 448-2412 x1736
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at
https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

WELSHC This offer is limited to the terms and conditions incorporated and attached herein.

Attachment 1
30 AGENDA ITEM NO. 4.

Quotation # Q-477276

Date: July 24, 2023
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 40167 Contract #

City of Clovis
City Manager
1033 5th St
Clovis, CA 93612-1313

To expedite your order, please attach a copy of ATTENTION: Bill Fox this quotation to your purchase order. PHONE: (559) 324-2155 Quote is valid from: 2/8/2023 To: 8/7/2023 EMAIL: [email protected]

Subtotal: $312,000.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $312,000.00

The fee for each of the three years of this SGEA will remain fixed, and will be invoiced up to thirty (30) calendar days before the annual anniversary date for each year. Only payment for year one is due at the onset of the agreement.

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Corey Welsh
Email:
[email protected]
Phone:
(916) 448-2412 x1736
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

WELSHC This offer is limited to the terms and conditions incorporated and attached herein. 31 AGENDA ITEM NO. 4.

Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

Page 1 of 6 ends

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-4)

This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").

This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products

Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer

Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager, ArcGIS Data Reviewer

Enterprise Additional Capability Servers
ArcGIS Image Server

Developer Tools
ArcGIS Runtime Standard
ArcGIS Runtime Analysis Extension

Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
500 ArcGIS Online Viewers
500 ArcGIS Online Creators
62,500 ArcGIS Online Service Credits
500 ArcGIS Enterprise Creators
7 ArcGIS Insights in ArcGIS Enterprise
7 ArcGIS Insights in ArcGIS Online
100 ArcGIS Location Sharing for ArcGIS Enterprise
100 ArcGIS Location Sharing for ArcGIS Online
5 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 5 ArcGIS Utility Network User Type Extensions (Enterprise) 5 ArcGIS Trace Network User Type Extensions (Enterprise)

OTHER BENEFITS

Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee

32 AGENDA ITEM NO. 4.

Page 2 of 6 ends

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").

Term of Agreement: Three (3) years

This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:

(Customer)

By:

Authorized Signature

Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION

Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):
33 AGENDA ITEM NO. 4.

Page 3 of 6 ends

1.0—ADDITIONAL DEFINITIONS

In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:

"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.

"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).

"Fee" means the fee set forth in the Quotation.

"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.

"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.

"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.

"Quotation" means the offer letter and quotation
provided separately to Customer.

"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.

"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).

"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.

"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or government-
34 AGENDA ITEM NO. 4.

Page 4 of 6 ends

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE

The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.

a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.

b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
35 AGENDA ITEM NO. 4.

Page 5 of 6 ends

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY

This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment

a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.

b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.

c. Esri's federal ID number is 95-2775-732.

d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.

a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.

b. The following information will be included in
each Ordering Document:

(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due

36 AGENDA ITEM NO. 4.

Page 6 of 6 ends

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES

If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

37 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: Administration
DATE: August 7, 2023
SUBJECT: Administration - Approval – Waive Normal Purchasing Process and approve the purchase of a next generation antivirus system from the Center for Internet Security using the California Multiple Award Schedule (CMAS) purchasing program; a competitively bid contract with purchasing provisions for California State and Local government agencies in the amount of $75,048.19.

ATTACHMENTS: None

RECOMMENDATION
For the City Council to waive the normal purchasing process and approve the purchase of a next generation antivirus system from the Center for Internet Security using the California Multiple Award Schedule (CMAS) purchasing program; a competitively bid contract with purchasing provisions for California State and Local government agencies.

EXECUTIVE SUMMARY
The cybersecurity landscape continues to evolve , and new threats and vulnerabilities are introduced every day. In order to keep up with these cha llenges and also to meet the requirements of the City’s cybersecurity insurance program, a new, next -generation antivirus program is needed. Staff is recommending the purchase of this system fr om the Center for Internet Security using the California Multiple Award Schedule (CMAS) purchasing program.

BACKGROUND
Over the last year staff has been evaluating the current antivirus platform and its effectiveness in responding to new threats and vulne rabilities. While it has performed fairly well in stopping known malicious files from infecting our desktop computers, there were many areas where the tools lacked functionality or were non-existent.
38 AGENDA ITEM NO. 5.

To keep up with today’s cybersecurity challenges an updated, next-generation antivirus system is needed. These next-gen platforms, called Endpoint Detection and Response (EDR) systems, provide more comprehensive security protection , they provide additional insight on vulnerabilities and detections, and they also use advanced algorithms and heuristics (instead of the traditional/static virus definition files) to detect both known and unknown (zero-day) malware.

Additionally, in 2022 the City signed up for cybersecurity insurance. An initial assessment was performed for this insurance coverage and one of the requirements for maintaining our coverage was to implement an EDR system.

Staff evaluated several EDR systems and is recommending the product and service s from the Center for Internet Security (CIS). CIS is a non -profit organization that was specifically set up to bring both public agencies (Federal/State/Local) and private companies together to better mitigate and prevent cyber threats. Their EDR system and security operations center work jointly with the Cybersecurity and Infrastructure Agency (CISA), an agency of the US Department of Homeland Security. Also, as part of the City’s membership, additional services are available such as Cybersecurity Best Practices, Cyber Threats and Advisories, Incide nt Detection, Response, and Prevention, and Information Sharing. Staff is recommending the purchase of this system from the Center for Internet Security using the California Multiple Award Schedule (CMAS) purchasing program in the amount of $75,048.19.

FISCAL IMPACT
The cost of purchasing th is next generation antivirus system is included in the I.T. Division budget for Fiscal Year 2023-2024.

REASON FOR RECOMMENDATION
To meet t oday’s cybersecurity challenges , and also to meet the requirements of the City’s cybersecurity insurance program, a new next-generation EDR system is needed.

ACTIONS FOLLOWING APPROVAL
Staff will purchase the EDR system from the Center for Internet Security using the CMAS purchasing program. The EDR will then be setup and installed on all city computers, servers, and other technology assets.

Prepared by: Jesse Velez, I.T. Deputy Director

Reviewed by: City Manager AH

39 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Administration
DATE: August 7, 2023
SUBJECT: Administration - Approval – Waive Normal Purchasing Process and approve the purchase of replacement desktop computers and servers using competitively bid contracts with purchasing provisions for California State and Local government agencies.

ATTACHMENTS: None.

RECOMMENDATION
For the City Council to waive the normal purchasing process and approve the purchase of desktop computers and servers through the use of competitively bid contracts with purchasing provisions for California State and Local government agencies.

EXECUTIVE SUMMARY
Included in the 202 3-2024 Budget are funds to purchase computers for all departments and servers for applications. The computers and servers are to provide upgrades and replacement of obsolete, worn-out equipment and to equip new employees with computers. The computers are allocated to the various departments based on need. Upgrades are necessary to improve the work performance of clerical and technical positions. A portion of the computers to be purchased are to replace units that have high failure and repair rates or are unab le to run upgraded software. Staff is recommending purchasing the replacement computers using previously competitively bid contracts with purchasing provisions for California State and Local government agencies.

BACKGROUND
The Information Services Divisio n is requesting approval to purchase computers and servers through other competitively bid contracts by other agencies, such as the California Multiple Award Schedule (CMAS). With the proliferation of competitively bid contracts with “piggy-back” 40 AGENDA ITEM NO. 6.
provisions, the need to purchase in large quantities at one time is no longer necessary. These current contracts base their pricing on the ability of multiple State and Local government agencies to purchase equipment on an “as -needed” basis, while still passing a long quantity discounts. Other examples of these contracts are the Western States Contracting Alliance (WSCA) and the California Communities Purchasing Program (CCPP) sponsored by the League of California Cities.

When purchasing computers on an as -needed basis, the City will be able to setup and install the computers more efficiently when staffing is available, eliminating the need to have a large storage area for the computers and risk of potential loss due to theft or disaster. By purchasing when the computer is required, the City can still take advantage of price reductions.

As in the past, the City will continue to use the same evaluation criteria for selecting equipment.

This will include certification of the preloaded operating system and software , quality of components, software upgrade policy, price, compliance with the City’s standard specifications, product reliability, vendor reputation, and financial stability of the supplier and the computer manufacturer.

FISCAL IMPACT
There is $3 50,000 budgeted to fund the purchase of replacement computers, servers, related software, licensing, and peripherals.

REASON FOR RECOMMENDATION
The computers and servers are needed to increase the stability of the computing environment, increase productivity and to replace worn-out equipment. Purchasing through current contracts will allow the City the flexibility to install computers and servers on an as-needed basis, purchase the most recent configurations offered by the manufacturers, and receive the latest pric e reductions offered.

ACTIONS FOLLOWING APPROVAL
The City will purchase the budgeted desktop computers and servers from current competitively bid contracts as they are required. As the units arrive, they will be setup and installed to the department users that were designated to receive new computers during the budget process.

Prepared by: Jesse Velez, I.T. Deputy Director

Reviewed by: City Manager AH

41 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Finance Department
DATE: August 7, 2023
SUBJECT: Finance – Receive and File – Findings & Recommendations from Community Facilities District Citizens Oversight Committee.

ATTACHMENTS: 1. Report from Community Facilities District (CFD) Citizens Oversight Committee

2. Community Facilities District 2004-1 Revenue and Expenditures Staff Report dated December 12, 2022

RECOMMENDATION
That the Council receive and file the report presented by the Community Facilities Citizens Oversight Committee following a review of the public safety department budgets and findings relating to the use of the tax proceeds of the CFD for police and fire service.

EXECUTIVE SUMMARY
In March 2004, the Council approved the formation of Community Facilities District 2004 -1, which provides funding for public safety operations in new growth areas generally located north of Herndon and east of Locan Avenues. The Council also established an independent citizens oversight committee for the purpose of reviewing revenue and expenditures associated with the Community Facilities District. The committee recently met with the Police Chief, Fire Chief, and Assistant Finance Director reviewing the budgets of the Police and Fire Departments, validating allocation methods of CFD costs, and providing findings, if any, related to the use of CFD ta x proceeds.

BACKGROUND
As part of the formation of the Community Facilities District 2004-01, the Council established an independent citizens oversight committee for the purpose of reviewing revenues and expenditures associated with the Community Facili ties District. The committee consists of five members for a term of four (4) years. The committee includes one member of the real estate 42 AGENDA ITEM NO. 7.
community, one member of the Building Industry Association, and three members who are landowners of residential properties within the Community Facilities District. The committee will review the expenditures of the tax proceeds and determine that such expenditures are in accordance with the purpose and intent of the Community Facilities District Resolution of Intention approved by the City Council and to report those findings to the City Council. The committee members are Laura Corey – Real Estate Community Representative; Mike Prandini – Building Industry Association Representative; Dennise Rivera – Property Owner; David Martin Connolly – Property Owner; and Jonathan B. Holt – Property Owner. Jonathan B. Holt is the spokesperson for the committee.

The Purpose and Intent of the Community Facilities District 2004 -01 as established by the City Council is:

Police and Fir e Services (the “Services”) of the City of Clovis required to sustain the service delivery capability for emergency and non-emergency services to new growth area of the City of Clovis, including related facilities, equipment, vehicles, fire apparatus, serv ices, supplies and personnel; provided however that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of apportionment of the Special Taxes to fund such Services.

The committee recently met with the Police Chief, Fire Chief, and Assistant Finance Director reviewing the actual 2021/22 expenditures and the 2022/23 budgets of the Police and Fire Departments, to validate allocation methods of CFD costs, and provide findings relat ed to the use of CFD tax proceeds. While there were no findings, the committee determined the following:

1. Actual and budgeted expenditures are appropriate, and services provided to the Community Facilities District 2004-01 are within the intent of the formation of the district.

2. Revenue and allocation of costs attributable to the Community Facilities District 2004-01 are appropriate.

In conclusion, the committee verified the expenditures are in accordance with the purpose and intent of the enabling legislation found at Government Code Section 53311 and the Resolution of Intention approved by the Clovis City Council.

Below is a summary of the CFD 2004 -1 f inancial data for reference. This information was provided in the CFD status report that was presented to Council on December 12, 2022. There were 8,090 parcels assessed in 2021 -2022, generating $2,188,000 in assessments. The per - unit assessment for 2021-2022 was $265.88 for single family units and $229.56 for multifamily units.

43 AGENDA ITEM NO. 7.

Expenditures for public safety services associated growth in the CFD area for 2021 -2022 were $5,206,000. In 2021 -2022, the Community Facilities District fee revenue covered 4 2% of Community Facilities District expenditures.

2021-2022 2020-2021 2019-2020 and prior

Expenditures $5,206,000 $4,167,000 $43,911,000
Revenue $2,188,000 $2,130,000 $12,733,000

The committee would also like to express to Council that they, the committee representing the property owners and interested parties, feel the purpose of the Community Facilities District 2004-01 is being fulfilled and recommend that the District and assoc iated tax assessment be continued as currently established.

FISCAL IMPACT
This report provides the findings and recommendations of the Community Facilities District 2004-01 Oversight Committee. The Committee is recommending that the District and associated tax assessments be continued as currently established to meet the funding requirements needed to sustain service levels in the new growth areas.

REASON FOR RECOMMENDATION
The fiscal report is for information only and no action is required.

ACTIONS FOLLOWING APPROVAL
Copies of the report will be made available to any member of the public who requests a copy of the report. The Committee will communicate on an annual basis or as needed to fulfill the role of the committee.

Prepared by: Gina Daniels, Assistant Finance Director

Reviewed by: City Manager AH

44 AGENDA ITEM NO. 7.

Attachment 1
45 AGENDA ITEM NO. 7.

Attachment 2

TO: Mayor and City Council
FROM: Finance Department
DATE: December 12, 2022
SUBJECT: Finance – Receive and File – Status Report of Community Facilities District 2004-1 Revenues and Expenditures.

ATTACHMENTS: None.

CONFLICT OF INTEREST
None.

RECOMMENDATION
That the Council receive and file the report on the status of the Community Facilities District 2004-1 Revenues and Expenditures.

EXECUTIVE SUMMARY
In March 2004, the Council approved the formation of Community Facilities District 2004-1 (CFD), which provides funding for public safety operations in new growth areas generally located north of Herndon or east of Locan Avenues. During formation, the Council directed staff to prepare an annual report indicating the amounts received from CFD tax revenues and expenditures applicable to the CFD area. The Council also directed that an independent citizens oversight committee (Committee) be established to review the revenues and expenditures of the CFD annually.

BACKGROUND
Fiscal year 2005-2006 was the first year the City received revenues from the levy of CFD taxes.

Any residential parcel located in the CFD with a building permit issued prior to May 1, would be subject to the CFD tax the following fiscal year, payable with their property tax bill.

There were 8,090 parcels assessed in 2021-2022, generating $2,188,000 in special taxes. The per-unit tax for 2021-2022 was $265.88 for single family units and $229.56 for multi-family units.

The revenue received is allocated between Police (67%) and Fire (33%) which goes into the Police and Fire department budgets as non-discretionary general fund revenue. The revenue received in 2021-2022 provides funding for approximately 7 Police Officers and 4 Fire Fighters.

46 AGENDA ITEM NO. 7.

Expenditures for public safety services associated with growth in the CFD area for 2021-2022 were $5,206,000. In 2021-2022, CFD tax revenue covered 42% of CFD area expenditures.

2021-2022 2020-2021 2019-2020 and prior

Expenditures $5,206,000 $4,167,000 $43,911,000
Revenues $2,188,000 $2,130,000 $12,733,000

The Council established the Committee for the purpose of reviewing revenue and expenditures associated with the CFD. The Committee consists of five members for a term of four (4) years without compensation and shall be appointed by the Mayor, subject to approval by the City Council. The committee includes one member of the real estate community, one member of the Building Industry Association, and three members who are landowners of residential properties within the CFD. Once appointed, the Committee reviews expenditures of the tax proceeds and determines that such expenditures are in accordance with the purpose and intent of the Community Facilities District Resolution of Intention approved by the Council and to report those findings to the Council.

The following current members were appointed at the January 14, 2019, Council meeting:

Laura Corey – Real Estate Community Representative
Mike Prandini – Building Industry Association Representative Denise Rivera – Property Owner
David Martin Connolly – Property Owner
Jonathan B. Holt – Property Owner

A separate staff report will be presented to the Council in the Spring of 2023 by the Committee, following a review of the public safety department budgets and findings relating to the use of the tax proceeds of the CFD for Police and Fire services.

FISCAL IMPACT
This report provides a status of the CFD revenue and expenditures attributable to the CFD. The report reflects that the CFD tax revenue is contributing approximately 42% of the total expenditures attributable to the public safety services provided in the CFD.

REASON FOR RECOMMENDATION
This annual status report is for information only and no action is required.

ACTIONS FOLLOWING APPROVAL
Staff will file the report and copies of the report will be made available to the Committee and any member of the public who requests a copy.

Prepared by: Ran Chan, Accountant

Reviewed by: City Manager AH
47 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: General Services
DATE: August 7, 2023
SUBJECT: General Services – Approval – Res. 2 3___, Approving a Side Letter Agreement with Clovis Police Officers Association to Identify Specific Paid Holidays within the CPOA MOU; and Authorizing the City Manager to Execute the Agreement.

ATTACHMENTS: 1. Resolution with Side Letter

RECOMMENDATION
For the City Council to approve a resolution approving a side letter agreement with Clovis Police Officers Association (CPOA) to identify specific paid holidays within the CPOA MOU and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
Approval of a side letter is requested to specifically list paid holidays for CPOA members. The total hours of holiday time remain unchanged.

BACKGROUND
The current CPOA MOU does not specifically identify which holidays the members of CPOA receive. Providing a list of holidays and the corresponding hours of pay for each will better clarify the calculation of holiday pay within the bargaining unit. The number of holiday hours CPOA members receive is unchanged at 108 hours per year.

CPOA members receive 10-hours per holiday listed below, with the exception of 4 -hours each for Christmas Eve and New Year’s Eve. CPOA Members have the option to cash out some or all of the 108 holiday hours as stated within the CPOA MOU.

48 AGENDA ITEM NO. 8.
 New Year’s Day January 1
 Martin Luther King Jr. Day 3rd Monday in January
 President’s Day 3rd Monday in February
 Memorial Day 4th Monday in May
 Independence Day July 4
 Labor Day 1st Monday in September
 Veterans’ Day November 11
 Thanksgiving Day 4th Thursday in November
 Day after Thanksgiving Day Friday following Thanksgiving Day  Christmas Eve (4 hours) December 24
 Christmas Day December 25
 New Year’s Eve (4 hours) December 31

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Approval of the side letter will better clarify eligible holidays for members of CPOA.

ACTIONS FOLLOWING APPROVAL
Article 23 of the CPOA MOU will be updated to include the side letter information.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager AH

49 AGENDA ITEM NO. 8.

ATTACHMENT 1
RESOLUTION 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING A SIDE LETTER AGREEMENT WITH

CLOVIS POLICE OFFICERS ASSOCIATION (CPOA)

WHEREAS, there is a need to better clarify the specific holidays allocated to CPOA members; and

WHEREAS, specifically listing paid holidays for CPOA members will dispel issues related to holiday cash outs; and

WHEREAS, the number of holiday hours for CPOA members remains unchanged from the current MOU; and

WHEREAS, CPOA and City representatives met and conferred on the side letter and are in agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis approves the Side Letter Agreement with CPOA (Attachment A) and authorizes the City Manager to sign the agreement.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 7, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

50 AGENDA ITEM NO. 8.

ATTACHMENT A
Side Letter Agreement between the City of Clovis and the Clovis Police Officers Association Amending the current 2022-2025 MOU

This Side Letter of Agreement, entered into on __________, 2023, is made by and between the City of Clovis (the “City”) and the Clovis Police Officers Association (CPOA).

Whereas, the City and CPOA wish to identify the designated holidays for paid holiday time. By executing this side letter agreement, the City and CPOA agree that Article 23 of the Memorandum of Understanding (MOU) between the City and CPOA is hereby amended as follows:

Article 23. HOLIDAYS
A. Employees in this unit shall be entitled to time off in lieu of holidays. Holiday time shall be credited in advance to all personnel on each subsequent July 1 during the term of this contract, and shall not be credited on a monthly basis. Employees shall be entitled to 10 hours holiday pay for each of the following legal holidays, with the exception of Christmas Eve and New Year’s Eve which are paid at 4 hours each. Total of 108 holiday hours.

 New Year’s Day January 1
 Martin Luther King Jr. Day 3rd Monday in January
 President’s Day 3rd Monday in February
 Memorial Day 4th Monday in May
 Independence Day July 4
 Labor Day 1st Monday in September
 Veterans’ Day November 11
 Thanksgiving Day 4th Thursday in November
 Day after Thanksgiving Day Friday following Thanksgiving Day  Christmas Eve (4 hours) December 24
 Christmas Day December 25
 New Year’s Eve (4 hours) December 31

B. (Unchanged from current MOU)

C. (Unchanged from current MOU)

D. (Unchanged from current MOU)

E. If during the term of this agreement the City Council determines to add any additional City-wide paid holidays, the holiday will be added to the list above and an additional 10 hours holiday pay allocated.

51 AGENDA ITEM NO. 8.

Except as amended herein, each and every term and condition of the MOU shall remain in full force and effect, and this Side Letter of Agreement shall be incorporated into the MOU as adopted.

Authorized representatives of the City and CPOA have met and conferred in good faith, and the parties agree to adopt this side letter agreement as of the date above.

For the CITY: For the ASSOCIATION

_____________________________ _____________________________ John Holt, City Manager Jordan Hunter, CPOA President

_____________________________ _____________________________ Mary Lerner, Attorney for City Tony Silva, Labor Rep for CPOA

ATTEST: ____________________________
Karey Cha, City Clerk

DATE: ________________

52 AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: General Services
DATE: August 7, 2023
SUBJECT: General Services – Approval – Res. 23 -___, Approving a Side Letter Agreement with Clovis Firefighters Association Providing Dedicated Clinical Director Incentive Pay; and Approval – Res. 23-___, Approving a Side Letter Agreement with Clovis Firefighters Association to Identify Specific Paid Holidays within the C FFA MOU; and Authorizing the City Manager to Execute the Agreements.

ATTACHMENTS: 1. Resolution – Designated Clinical Director Pay

2. Resolution – Holiday Hours

RECOMMENDATION
For the City Council to approve a resolution approving a s ide letter agreement with Clovis Firefighters Association (CFFA) to provide Dedicated Clinical Director incentive pay within CFFA and to approve a resolution approving a side letter agreement to identify specific paid holidays within the CFFA MOU and authorize the City Manager to execute the agreements.

EXECUTIVE SUMMARY
Staff is requesting approval of a side letter allowing for a $350 per month incentive pay to the CFFA member responsible for serving as Clinical Director and overseeing training and certification compliance for City EMT’s. In addition, approval of a side le tter is requested to specifically list paid holidays for C FFA members to better clarify paid holidays . The total hours of holiday time remain unchanged.

BACKGROUND
Clinical Director Incentive Pay
Prior to his retirement, Chief Binaski acted as Clinical Director to maintain the Fire Department’s Continuing Education (CE) provider status. However, his retirement has left a need to designate a paramedic in the role of Clinical Director to provide clinical and field activities approved for CE 53 AGENDA ITEM NO. 9.
credit, approving the instructor(s), and monitoring the overall quality of the EMS content of the program. The duties of Clinical Director would be in addition to the employee’s regular duties.

The side letter allows for a $350 monthly incentive for the appointed Clinical Director.

Paid Holidays
The current CFFA MOU doesn’t specifically identify which holidays members of C FFA receive paid time. Providing a list of holidays and the corresponding hours of pay for each, will better clarify the calculation of holiday pay within the bargaining unit. CFFA members receive 20 hours for each of the 10 holidays listed below. The number of holiday hours C FFA members receive is unchanged at 200 hours per year for those working a 56 -hour workweek. The conversion of dividing 200 hours by 1.4 is used for employees assigned to a 40 -hour work week as stated in Article 12.6 of the current CFFA MOU.

FISCAL IMPACT
There is approximately $4,200 additional annual cost for the Clinical Director monthly incentive.

No impact related to holiday time.

REASON FOR RECOMMENDATION
The Clinical Director incentive pay will provide an additional $350 per month for the CFFA employee responsible for overseeing the emergency medical services training program which will provide for continuity within the EMS program. Approval of the holiday side letter will better clarify eligible holidays for members of CFFA.

ACTIONS FOLLOWING APPROVAL
Article 9.11 of the C FFA MOU will be updated to include the Clinical Director information and Article 18.1 will be updated related to the list of paid holidays.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager AH

54 AGENDA ITEM NO. 9.

ATTACHMENT 1

RESOLUTION 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING A SIDE LETTER AGREEMENT WITH

CLOVIS FIREFIGHTERS ASSOCIATION (CFFA)

WHEREAS, per Central California Emergency Medical Services Agency (CCEMSA) requirements, there is a need to designate a Clinical Director for Clovis Fire Department to maintain its Continuing Education (CE) provider status; and

WHEREAS, the designated Clinical Director will be responsible for monitoring all clinical and field activities approved for CE credit, approving the instructor(s), and monitoring the overall quality of the EMS content of the program; and

WHEREAS, the designated Clinical Director shall receive a monthly incentive of $350; and

WHEREAS, CFFA and City representatives met and conferred on the side letter and are in agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis approves the Side Letter Agreement with CFFA (Attachment A) and authorizes the City Manager to sign the agreement.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 7, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

55 AGENDA ITEM NO. 9.

ATTACHMENT A
Side Letter Agreement between the City of Clovis and the Clovis Firefighters Association Amending the current 2022-2025 MOU

This Side Letter of Agreement, entered into on __________, 2023, is made by and between the City of Clovis (the “City”) and the Clovis Firefighters Association (CFFA).

Whereas, the City and CFFA wish to implement an agreement on the procedures for adding an incentive for a Clinical Director in order to maintain the City Fire Department’s Continuing Education (CE) provider status. By executing this side letter agreement, the City and CFFA agree that article 9 of the Memorandum of Understanding (MOU) between the City and CFFA is hereby amended as follows:

Article 9

9.11 CE Provider Clinical Director Incentive- In order for the department to maintain status as a CE provider, the department is required to have a Clinical Director. Per Central California Emergency Medical Services Agency (CCEMSA), each CE provider shall have an approved Clinical Director who is currently licensed as a physician, registered nurse, physician assistant, or paramedic. The duties of the Clinical Director shall include, but not be limited to, monitoring all clinical and field activities approved for CE credit, approving the instructor(s), and monitoring the overall quality of the EMS content of the program.
a. The Fire Chief may, in his or her discretion, appoint any qualified employee to serve as the Clinical Director.
b. The duties of Clinical Director shall be supplemental to the appointed employee’s regular work duties.
c. Incentive: Any employee appointed as the C linical Director shall receive three-hundred and fifty dollars ($350) added to their base salary each month.
d. The Clovis Fire Department will pay for the Clinical Director’s local CCEMSA recertification every two (2) years.
e. If the department implements a paramedic program in the future, this Clinical Director incentive will be terminated upon the date the paramed ic team leader is officially appointed by the Fire Chief, as the team leader will take over the role and duties of the Clinical Director. f. The City reserves the right to reassign the Clinical Director duties to an employee within CFFA. If no member within CFFA is qualified, the Fire Chief may assign the position to a City management team or contract with a third party for provision of these services.

Except as amended herein, each and every term and condition of the MOU shall remain in full force and effec t, and this Side Letter of Agreement shall be incorporated into the MOU as adopted.
56 AGENDA ITEM NO. 9.

Authorized representatives of the City and CFFA have met and conferred in good faith, and the parties agree to adopt this side letter agreement as of the date above.

For the CITY: For the ASSOCIATION

_____________________________ _____________________________ John Holt, City Manager Trenton McGill, CFFA President

_____________________________ _____________________________ Mary Lerner, Attorney for City Kathleen Mastagni, Attorney for CFFA

ATTEST: ____________________________
Karey Cha, City Clerk

DATE: ________________

57 AGENDA ITEM NO. 9.

ATTACHMENT 2

RESOLUTION 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING A SIDE LETTER AGREEMENT WITH

CLOVIS FIREFIGHTERS ASSOCIATION (CFFA)

WHEREAS, there is a need to better clarify the specific holidays allocated to C FFA members; and

WHEREAS, specifically listing paid holidays for C FFA members will dispel issues related to holiday cash outs; and

WHEREAS, the number of holiday hours for CFFA members remains unchanged from the current MOU; and

WHEREAS, CFFA and City representatives met and conferred on the side letter and are in agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis approves the Side Letter Agreement with CFFA (Attachment A) and authorizes the City Manager to sign the agreement.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 7, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

58 AGENDA ITEM NO. 9.

ATTACHMENT A
Side Letter Agreement between the City of Clovis and the Clovis Firefighters Association Amending the current 2022-2025 MOU

This Side Letter of Agreement, entered into on __________, 2023, is made by and between the City of Clovis (the “City”) and the Clovis Firefighters Association (CFFA).

Whereas, the City and CFFA wish to identify the designated holidays for paid holiday time. By executing this side letter agreement, the City and CFFA agree that article 18 of the Memorandum of Understanding (MOU) betwe en the City and CFFA is hereby amended as follows:

Article 18. HOLIDAYS
A. Each regular employee described in Article 6 shall be entitled to time off in lieu of holidays.

Holiday time shall be credited, in advance, to all personnel on July 1 of each year. Each regular employee described in Article 6 shall be entitled to 20 hours holiday pay for each of the following recognized holidays. Total of 200 holiday hours for employees working a 56-hour work week. The conversion of dividing 200 hours by 1.4 is used for employees assigned to a 40-hour week as stated in Article 12.6.

Except as amended herein, each and every term and condition of the MOU shall remain in full force and effect, and this Side Letter of Agreement shall be incorporated into the MOU as adopted.

Authorized representatives of the City and CFFA have met and conferred in good faith, and the parties agree to adopt this side letter agreement as of the date above.

For the CITY: For the ASSOCIATION

_____________________________ _____________________________ John Holt, City Manager Trenton McGill, CFFA President

59 AGENDA ITEM NO. 9.

_____________________________ _____________________________ Mary Lerner, Attorney for City Kathleen Mastagni, Attorney for CFFA

ATTEST: ____________________________
Karey Cha, City Clerk

DATE: ________________

60 AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: General Services
DATE: August 7, 2023
SUBJECT: General Services – Approval – Res. 23-___, Authorizing a n Increased Loan Amount t hrough the California Energy Commission for Solar Project Funding ; and Finding that the Project is Exempt from CEQA Pursuant to Class 1 and Class 2 Categorical Exemptions.

ATTACHMENTS: 1. Resolution 23-___

RECOMMENDATION
For the City Council to approve an increase d loan amount for a cost effective turnkey Solar Photovoltaic (PV) project at the City’s three (3) new facilities: Fire Station #6, Senior Activity Center, and Transit Hub.

EXECUTIVE SUMMARY
Staff is seeking approval to increase loan costs for turnkey solar projects at Fire Station #6, the new Senior Activity Center, and Transit Hub. The original project cost was estimated at $962,625, however costs for materials and equipment have increased from 5% to 20%, depending upon final pricing. The new project cost i s not to exceed $1,155,150, while still providing savings and a positive cash flow in the first year, and payoff of the project within 9-10 years.

Staff recommends the approval of a n updated resolution authorizing the application and utilization of the California Energy Commission (CEC) 1% Energy Loan Program as the source of funding for these projects.

61 AGENDA ITEM NO. 10.

BACKGROUND
At the April 3, 2023, Council meeting, Council approved a resolution allowing the City to apply for a 1% loan through the California Energy Commission (CEC) for solar projects. The projects would provide for the installation of solar energy systems at the following City facilities:
 Fire Station #6
 The new Clovis Senior Activity Center at Landmark Square  The new William “Harry” H. Armstrong Transit Center at Landmark Square

The resolution approved a CEC 1% interest loan in the estimated project amount of $962,625.

While Fire Station 6 is complete, project delays on the Landmark Square buildings have postponed the progress and installation of the solar projects on these facilities. It is estimated that the Landmark Buildings will be completed in the Fall of 2023 and installation of the solar project could begin shortly thereafter.

Unfortunately, costs for materials and equipment for these solar projects is estimated to have increased from 5% to 20% above the amount previously approved. Once we are closer to the start of the solar projects, our third-party energy services company Compass Energy will work with their supply and installation vendors to secure updated project costs at the lowest possible rate.

Approval of an updated resolution with an increased CEC loan amount not to exceed $1,155,150 is proposed to prevent delays of the CEC loan which is expected to be approved in September.

However, actual project costs will be charged which could be considerably lower than the not - to-exceed amount.

The CEC also requires that the resolution include a statement declaring that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15301 Existing Facilities Class 1 and Section 15302 Replacement or Reconstruction Class 2. Class 1 exemptions c onsist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. Class 2 exemptions consist of replacement or reconstruction of existing structures or facilities. A Notice of Exemption has been prepared by city Planning and Development Services Department staff and is available for public review.

FISCAL IMPACT
The original cost of the energy efficiency project was $962,625. The expected cost increase is between 5% and 20%. Even with the increase, the City would experience a positive cash flow starting in year one by reducing the amount paid to PG&E for electrical costs. The pro posed funding source is a 1% CEC loan not to exceed $1,155,150. Depending upon the final project cost, the initial investment will be paid off in 9 to 10 years.

REASON FOR RECOMMENDATION
Delays in completion of the Landmark Square building has pushed bac k the procurement and installation of roof-top solar system projects. Once the buildings are complete, Compass Energy Solutions will obtain the lowest final project cost from its approved vendors. The total cost of the 62 AGENDA ITEM NO. 10.
project is unknown at this time but w ill not exceed $1,155,150. Preparing a revised resolution prevents delays in the CEC loan approval.

ACTIONS FOLLOWING APPROVAL
Once the final project costs are known, s taff will execute an agreement between the City and Compass Energy Solutions, for Solar PV projects at the new Senior Activity Center, Transit Hub and Fire Station #6. Upon contract approval by the City Manager, staff will schedule Compass Energy Solutions to commence wor k as soon as possible and submit the approved revised resolution to the CEC to process the loan.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager AH

63 AGENDA ITEM NO. 10.

RESOLUTION 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING A LOAN APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR

FUNDING OF SPECIFIED ENERGY EFFICIENCY PROJECTS AND FINDING THAT THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO CLASS 1 AND CLASS 2

CATEGORICAL EXEMPTIONS

WHEREAS, the California Energy Commission provides loans to schools, hospitals, local governments, special districts, and public care institutions to finance energy efficiency improvements.

NOW THEREFORE, BE IT RESOLVED, that the Clovis City Council authorizes the City of Clovis to apply for an energy efficiency loan from the California Energy Commission to implement energy efficiency measures.

BE IT ALSO RESOLVED , that in compliance with the California Environmental Quality Act (CEQA), the Clovis City Council (Governing Body) finds that the activity funded by the loan is a project that is exempt under CEQA Guidelines Section 5301 Existing Facilities Class 1 and Section 15302 Replacement or Reconstruction Class 2.

BE IT ALSO RESOLVED , that if recommended for funding by the California Energy Commission, the Clovis City Council authorizes City of Clovis to accept a loan up to $1,155,150.

BE IT ALSO RESOLVED, that the amount of the loan will be paid in full, plus interest, under the terms and conditions of the Loan Agreement, Promissory Note and Tax Certificate of the California Energy Commission.

BE IT FURTHER RESOLVED, that John Holt, Clovis City Manager, is hereby authorized and empowered to execute in the name of the City of Clovis all necessary documents to implement and carry-out the purpose of this resolution, and to undertake all actions necessary to undertake and complete the energy efficiency projects.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 7, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk
Attachment 1
64 AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: General Services Department
DATE: August 7, 2023
SUBJECT: General Services – Approval - Claim Rejection of the General Liability Claim on behalf of Mark Stevenson.

ATTACHMENTS: None

RECOMMENDATION
Reject the General Liability Claim filed on behalf of Mark Stevenson.

EXECUTIVE SUMMARY
On behalf of Mark Stevenson (claimant) a General Liability Claim filed against the City of Clovis on July 5, 2023, alleging that Clovis Police officers threatened Mr. Stevenson with arrest and violated his constitutional rights. Mr. Stevenson claims that he sustained emotional distress and seeks reimbursement. It is recommended that the claim be rejected at this time.

BACKGROUND
On July 5, 2023, a General Liability Claim was filed against the City of Clovis on behalf of Mark Stevenson. The claim was considered legally sufficient and timely. Mr. Stevenson alleged that on June 17, 2023, the Clovis Police officers responded to his residence and threatened to arrest Mr. Stevenson if he continued to call the police regarding death threats made by his neighbor.

Mr. Stevenson feels the officers’ actions violated his constitutional rights and caused humiliation, fear, and emotional distress.

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

FISCAL IMPACT
Rejection of the claim does not result in any fiscal impact. 65 AGENDA ITEM NO. 11.

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

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

Prepared by: Charles W. Johnson, Management Analyst

Reviewed by: City Manager AH

66 AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: General Services Department
DATE: August 7, 2023
SUBJECT: General Services – Approval - Claim Rejection of the General Liability Claim on behalf of David Ortega, Annette Ortega, Alondra Ortega - Duenas, and Adrian Ortega.

ATTACHMENTS: None.

RECOMMENDATION
Reject the General Liability Claim filed on behalf of David Ortega, Annette Ortega, Alondra Ortega-Duenas, and Adrian Ortega.

EXECUTIVE SUMMARY
On behalf of David Ortega, Annette Ortega, Alondra Ortega -Duenas, and Adrian Ortega (claimants), the City received a Claim Form on July 18, 2023, alleging the City of Clovis should have known of the Clovis Police officer’s inability to operate a no n-City motor vehicle safely, which could have prevented the death of the decedent (Ana Ortega). 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 July 18, 2023, a revised General Liability Claim was received by the City of Clovis on behalf of David Ortega, Annette Ortega, Alondra Ortega -Duenas, and Adrian Ortega, by Johnston & Hutchinson LLP loca ted in Los Angeles, CA. The claim was considered legally sufficient and timely. The claim alleges the City of Clovis should have known of the off -duty Clovis Police officer’s inability to operate a non -City motor vehicle safely, which could have prevented the death of the decedent (Ana Ortega) that occurred outside City jurisdiction.

The claimants seek damages for wrongful death consisting of all associated economic and non- economic damages allowed by law. The claim has been filed as a “civil unlimited case”. 67 AGENDA ITEM NO. 12.

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 City is disputing this claim. By rejecting this claim, the time in which a lawsuit for various clai ms may be filed against the City will begin to run.

ACTIONS FOLLOWING APPROVAL
A rejection notice letter will be sent to the claimants informing them that the claim has been rejected.

Prepared by: Charles W. Johnson, Management Analyst

Reviewed by: City Manager AH

68 AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: General Services
DATE: August 7, 2023
SUBJECT: General Services – Approval – Res. 23 -___, Renewing Medical Plan Options for Eligible Retirees and Restating the Eligibility Requirements for Participation in the Plan.

ATTACHMENTS: 1. Res. 23-____ Retiree Medical

RECOMMENDATION
For City Council to approve a resolution renewing the City’s Retiree Medical Plan options for eligible retirees and restating eligibility requirements for participation in the plan.

EXECUTIVE SUMMARY
The City has sponsored a group retiree medical plan for retirees who meet certain eligibility requirements for many years . Approval of the attached resolution renews the retiree medical plan for the 2024 plan year.

BACKGROUND
The City has offered employees who retire from City service the option of purchasing the same medical and prescription drug benefit package offered to full -time, regular employees. The retiree medica l plan option is renewed annually at the discretion of the Council. This option provides qualifying retirees (those with a minimum of five (5) years of full -time City service immediately preceding retirement) with the opportunity to continue participation in the City’s medical/prescription plans. Eligibility requirements for participation in the plan and rate information are listed in the attached (Attachment A of Attachment 1).

69 AGENDA ITEM NO. 13.

FISCAL IMPACT
The retiree medical plan option is rated separately from the active City employee medical plan.

In addition, monthly premiums are paid entirely by the retirees. Consequently, there is not a fiscal impact to the City for offering this program.

REASON FOR RECOMMENDATION
Council action is necessary to renew the reti ree medical plan option for eligible retirees for the 2024 plan year.

ACTIONS FOLLOWING APPROVAL
Upon approval, the program renewal will become effective with the 2024 plan year, i.e., January 1, 2024. Eligible retirees will be provided with an open enrollment period (i.e., October 16 through November 9, 2023). Additionally, employees who retire and become eligible during the 202 4 plan year will be provided with a similar notice at the time of retirement.

Prepared by: Linda Parry/Personnel Management Analyst

Reviewed by: City Manager AH

70 AGENDA ITEM NO. 13.
[Type here]
RESOLUTION 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING

THE RENEWAL OF THE RETIREE MEDICAL PLAN OPTION FOR ELIGIBLE

RETIREES AND RESTATING THE ELIGIBILITY REQUIREMENTS FOR

PARTICIPATION IN THE PLAN

WHEREAS, the City offers a retiree health plan that allows retirees to purchase medical and prescription coverage; and

WHEREAS, the City has established eligibility requirements for participation in the plan listed in Attachment A; and

WHEREAS, continued offering of the retiree health plan is determined on an annual basis at the discretion of the Council.

NOW THEREFORE, BE IT RESOLVED , that the City of Clovis hereby renews the Retiree Medical Plan Option and rates effective January 1, 2024, as summarized in Attachment A.

* * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 7, 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated

___________________________ __________________________ Mayor City Clerk

ATTACHMENT 1

71 AGENDA ITEM NO. 13.

ATTACHMENT A

Retiree Medical/Prescription Plan Summary
For the 2024 Plan Year

Retiree Benefits

Effective January 1, 202 4, retirees of the City of Clovis will be allowed to continue in a City sponsored Retiree Medical/Prescription Plan at their own expense, provided they meet the plan eligibility requirements. Enrolled retirees will participate in the annual open enrollment for the medical/prescription plans.

Eligibility Requirements

To be eligible for the Retiree Medical/Prescription Plan, a retired/retiring employee must meet the following eligibility requirements:

1. Been continuously covered in the medical/prescription portion of the City’s health plan through December 31, 2023, as a full-time regular employee or a retired enrollee; or, was continuously covered by a City-approved group medical/prescription plan as a full- time regular City employee immediately preceding retirement from the City.

2. Be eligible to retire in accordance with CalPERS age and service r equirements, including disability retirement.

3. Have a minimum of five (5) years of service with the City of Clovis as a full-time regular employee immediately preceding employment separation with the City of Clovis.

4. Retired employees and their dependents a re eligible for City coverage until they become eligible for Medicare . Retired employees and/or their dependents that become eligible for Medicare are no longer eligible to remain on the City’s retiree plans.

They have the option of enrolling in Medicare a nd may seek supplemental coverage other than through the City’s plan.
a. If a retired employee becomes Medicare eligible and has a spouse who is not Medicare eligible or a dependent child under the age of 26, the spouse and child may continue City coverage even after the retired employee becomes Medicare eligible and enrolls in Medicare and a supplemental plan. b. A spouse who becomes Medicare eligible, or a dependent child who reaches the age of 26, will not be eligible to continue in the City’s Retiree Medical/Prescription Plan.

72 AGENDA ITEM NO. 13.

5. An eligible employee who plans on retiring must enroll in the Retiree Medical/Prescription Plan within thirty (30) calendar days of the effective date of employment separation. If an eligible employee fails to enroll, or waives enrollment, they shall not be eligible to enroll in the plan at a future date. A dependent who enrolls or has been enrolled in an alternative insurance plan for a period of time, may be added to the retiree’s plan upon loss of other coverage or during open enrollment if the retiree has maintained continuous coverage with the City under this plan.

6. Eligibility for dependents normally extends through the retiree. Dependents may only be enrolled for coverage if the retiree is concurrently enrolled (except as provided for in 4-a. above). Dependents of a retiree lose eligibility for coverage under the Retiree Medical/Prescription Plan when a non -Medicare eligible retiree elects to discontinue coverage. Upon the death of a covered retiree or the death of a covered employee who was eligible to retire, a spouse or covered child may continue coverage until the spouse is Medicare eligible and the child reaches the age of 26 respectively.

7. A retiree or eligible dependent that enrolls in the Retiree Medical/Prescription Plan shall not be allowed to re-enroll in the plan if they drop coverage in the plan or fail to make their monthly premium payment within thirty (30) days of the due date.

8. Continued enrollment in the Retiree Medical/Prescription Plan is also subject to terms and conditions set fo rth in the Evidence of Coverage/Disclosure Document of the medical plan in which the retiree and dependents are enrolled.

A Retiree who returns to work for the City and enrolls in an active plan because of reinstatement from retirement or who has returned as an elected official, will again be eligible for retiree coverage upon retiring subject to the normal retiree requirements.

Dental and Vision Coverage

Dental and/or Vision Coverage is not available to retirees through the City of Clovis Retiree Medical/Prescription Plan.

73 AGENDA ITEM NO. 13.

Pre 65 Retiree Health Plan Monthly Rates charged by Vendor for the 2024 Program Year

Anthem HMO 15 Kaiser HMO 15

Retiree Only $1,094.00 $ 953.00
Retiree & Spouse $2,263.00 $1,975.00
Retiree & Child(ren) $1,965.00 $1,697.00
Retiree & Family $3,275.00 $2,814.00

Anthem PPO 80

Retiree Only $1,054.00
Retiree & Spouse $2,211.00
Retiree & Child(ren) $1,898.00
Retiree & Family $3,156.00

Anthem HDHP Kaiser HDHP

Retiree Only $ 758.00 $ 745.00
Retiree & Spouse $1,587.00 $1,540.00
Retiree & Child(ren) $1,386.00 $1,324.00
Retiree & Family $2,267.00 $2,195.00

74 AGENDA ITEM NO. 13.

TO: Mayor and City Council
FROM: General Services Department
DATE: August 7, 2023
SUBJECT: General Services - Approval – Res. 23-___, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Engineering Program Manager Classification with a Salary Range of $9,286 to $11,288 per month, and Approval – Res. 23-___, Amending the City’s FY 23-24 Position Allocation Plan.

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

2. Res. 23-____ Position Allocation Plan

RECOMMENDATION
For City Council to approve a resolution authorizing amendments to the City’s Classification and Compensation Plans by adopting the Engineering Program Manager Classification with a salary range of $9,286 to $11,288 per month and approve a resolution amending the City’s FY 2 3-24 Position Allocation Plan by deleting one (1) Engineering Program Supervisor position and adding one (1) Engineering Program Manager position in the Planning and Development Services Department.

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

75 AGENDA ITEM NO. 14.

BACKGROUND
Personnel has recently evaluate d the responsibilities and work being performed by the Engineering Program Supervisor in the Planning and Development Services Department as part of a classification review. The nature and scope of duties currently performed by the Engineering Program Supervisor incumbent is at a depth/brea dth greater than the current classification duties. This reflects advancements within the Department associated with City growth , the incumbent’s expanded skill set, and the level of work necessary to effectively coordinate projects and programs. The incumbent is now perf orming duties more in line with an Engineering Program Manager that include managing various programs. The programs include the Disadvantaged Business Enterprise, Contract Procurement and Management, Active Transportation, Right of Way, Utility Coordination, Grant Management , and Environmental Regulatory Compliance Programs . The incumbent receives administrative direction from Executive staff, oversees the Administration Section of the Engineering Division , which are beyond the scope of an Engineering Program Supervisor.

FISCAL IMPACT
The fiscal impact of salary and benefits for the remainder of FY 23-24 is approximately an additional $ 11,800. There are adequate funds in the Planning and Development Services Department budget to cover the costs of this position for this fiscal year.

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

ACTIONS FOLLOWING APPROVAL
The position allocation for the Planning and Development Services Department will be modified as noted in Attachment 2. The position vacancy will be filled through the reclassification of the Engineering Program Supervisor.

Prepared by: Lori Shively, Deputy General Services Director

Reviewed by: City Manager AH

76 AGENDA ITEM NO. 14.

ATTACHMENT 1
RESOLUTION 23-

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

ADOPTING A ENGINEERING PROGRAM MANAGER CLASSIFICATION IN THE

PLANNING AND DEVELOPMENT SERVICES DEPARTMENT

WHEREAS, it has been determined that the City has a need for an Engineering Program Manager classification to provide the necessary support to the Planning and Development Services Department; and

WHEREAS, it has been determined that the appropriate salary range for the Engineering Program Manager is $9,286 to $11,288 per month; and

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

NOW THEREFORE, BE IT RESOLVED , that the City of Clovis will modify the City’s Classification and Compensation Plans to include the Engineering Program M anager classification (Attachment A) with a monthly salary range of $9,286 to $11,288.

* * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 7, 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated:

___________________________ __________________________ Mayor City Clerk

77 AGENDA ITEM NO. 14.

ATTACHMENT A
City of Clovis

ENGINEERING PROGRAM MANAGER
$9,286 to $11,288 Monthly Salary

DEFINITION
Under administrative direction, plan, manage, assign, and supervise the operations programs of the Planning and Development Services Engineering Division; advise City Engineer and division management staff on the development, staffing, and structure related to operations programs for Planning and Development Services , and perform related work as required.

CLASS CHARACTERISTICS
Under the direction of the City Engineer, this single position class is responsible for the management of assigned operations programs of the City’s Engineering Division. The incumbent acts with a high degree of independence of action in the assigned area of responsibility to create and maintain programs according to federal, state, and local guidelines. Metho ds and procedures are expected to be developed to resolve problems encountered. Except where a deviation in policy is involved, most work is not reviewed; the review is directed towards outcome and results.

EXAMPLES OF DUTIES
Duties may include, but are not limited to, the following: develop, coordinate, maintain and supervise the administration of assigned Engineering Division operations programs ; ensure the timely and cost effective use of resources; develop, maintain, supervise, and administer operations programs and budgets; develop and maintain the goals of the assigned programs; develop and coordinate the implementation of policies, rules and practices for carrying out pro gram duties and seeking appropriate authorization for policy and rule changes when required; perform research, maintain records; maintain awareness and education on federal, state, and local requirements of assigned programs ; create new programs based on trends; supervise, train, and evaluate employees; recommend and implement disciplinary actions; serve as City representative at various meetings with the public and outside agencies: prepare staff reports and present to City Council, and perform related work as required.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid and appropriate California Driver’s License and a good driving record.

EDUCATION AND EXPERIENCE
Education:
• Graduation from an accredited four-year college or university and possession of a Bachelor Degree in Business or Public Administration, Civil Engineering, Planning, or a closely related field.

 A master’s degree is desirable.
78 AGENDA ITEM NO. 14.

And

 Five (5) years of progressively responsible professional experience working directly with Capital Improvement Projects (CIP) with at least two (2) years in a supervisory capacity in a municipal or county government.

QUALIFICATIONS
Knowledge of:
 General principles and practices of supervision, employee development and training;  CIP policies and procedures;
 Planning and development processes
 Principles of public administration, organization, budgeting, and personnel management;  Manual and automated records management systems;
 Budget preparation and monitoring;
 Principles and techniques needed to organize and manage various programs and research methods;
 Programs, funding sources, and mandates of assigned areas of specialization;  Applicable Federal, State, and local laws, regulations, ordinances, and policies;  Appropriate safety precautions and procedures.

Ability to:
 Apply legal requirements and standards relating to the maintenance and release of department records information;
 Formulate and administer budgets;
 Manage, plan, assign, train, and evaluate the work of subordinate personnel;  Complete complex research and analysis, and prepare reports in a wide variety of system and administrative procedure assignments that relate to the Engineering Division;
 Develop and oversee Federal/State/Local grant funding protocols and policies;  Implement and maintain a CIP grant funding program;
 Plan, organize, and implement policies relating to the Engineering Division's records program;
 Prepare and compose correspondence, complex reports, resolutions, ordinances, contracts, and other communications as they relate to the Engineering Division;  Establish unit procedures and ensure compliance with unit and departmental policies and procedures;
 Exercise independent judgment in the solution of challenges;  Establish and maintain effective working relationships;  Communicate effectively, both orally and in writing;
 Perform related duties as required.

79 AGENDA ITEM NO. 14.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS

 Work is primarily sedentary and performed in an office environment.  Positions in this classification are designated as confidential under the Meyers- Millas Brown Act and are exempt employees under the Fair Labor Standards Act.  Incumbent is required to attend periodic evening meetings.  Incumbent is required to travel within and out of City to attend meetings.

80 AGENDA ITEM NO. 14.

ATTACHMENT 2
RESOLUTION 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING AMENDMENTS TO THE CITY’S FY 23-24 POSITION

ALLOCATION PLAN

WHEREAS, the FY 2 3-24 Position Allocation Plan in the Planning and Development Services Department was approved as part of the FY 23-24 City Budget adoption process; and

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

WHEREAS, amending the City’s adopted FY 23-24 Position Allocation Plan requires City Council authorization.

NOW, THEREFORE, BE IT RESOLVED, RESOLVED by the City Council of the City of Clovis that the City’s FY 2 3-24 Position Allocation Plan shall be amended as noted in Attachment A.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 7, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

81 AGENDA ITEM NO. 14.

ATTACHMENT A
POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 23-24

DEPARTMENT NUMBER OF POSITIONS

Planning and Development Services Department

Add: Engineering Program Manager 1.0

Delete: Engineering Program Supervisor 1.0

82 AGENDA ITEM NO. 14.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: August 7, 2023
SUBJECT: Planning and Development Services – Approval – Rejection of all bids for CIP 22-05 Trail Pavement Maintenance 2022.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION
For the City Council to reject all bids for the project.

EXECUTIVE SUMMARY
The project to improve the existing trail was put out to bid on June 26, 2023. Two bids were received on July 11, 2023, with the lowest bid being 48% higher than the estimated cost. Staff is recommending rejection of these bids and rebidding later in the year in hopes of a more competitive climate for bidding.

BACKGROUND
The following is a summary of the bid results of July 11, 2023:

Truxell & Valentino: $ 227,531.00
Caliber Contracting Services: $ 231,000.00
ENGINEER’S ESTIMATE: $ 153,362.00

All bids were reviewed, and documents submitted by the bidder were found to be in order. Staff has validated the status of the bidder’s contractor’s license, their insurance company policy, and possible complaints through the department of labor OSHA.

Due to the low number of bidders and with such a wide disparity between the bids and the project estimate, staff investigated the possible cause to ascertain whether the bids received are 83 AGENDA ITEM NO. 15.
appropriate and to identify any shortfalls in the engineer’s estimate. Based on that investigation, staff believes that the bids received are likely high and not representative of costs the City should expect to pay for these facilities.

While there is always uncertainty in bidding, staff believes that a better result can be obtained by rebidding the project later in the year when there is more availability of contractors.

During the intervening time, staff will work on identifying and revising project plan elements to lower costs, if possible. Staff will also reevaluate the budget and address any additional funding needs for the project.

FISCAL IMPACT
This project was budgeted in the 2022 -2023 Community Investment Program. The project is supported by Measure C Funding through the City Community Investment Program. The project exceeds the currently available budget and funding. Rebidding should yield a project within budget. There is no risk of losing Measure C funding by rejecting the current bids and rebidding later in the year.

REASON FOR RECOMMENDATION
The low bid is 48% over the engineer’s estimate. Staff believes the bids received are not an indication of the true project costs.

ACTIONS FOLLOWING APPROVAL
Staff will make adjustments to the project bid documents before rebidding the project.

Prepared by: Tiffany Ljuba-Silguero, Engineer II

Reviewed by: City Manager AH

84 AGENDA ITEM NO. 15.

Attachment 1
85 AGENDA ITEM NO. 15.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: August 7, 2023
SUBJECT: Planning and Development Services – Approval – Final Acceptance for Final Map for Tract 6254, located at the northeast corner of Leonard and Barstow Avenues (BN 6120 LP (Bonadelle Homes, Inc.)).

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION
For the City Council to:

1. Accept the public improvements for Tract 6254, and authorize recording the Notice of Completion; and

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

EXECUTIVE SUMMARY
The owner, BN 6120 LP, 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. All landscaping, including sidewalks along the side yards of lots have been constructed. The construction or installation of the public improvements is complete. The owner has requested final acceptance. Staff is recommending approval of their request.

86 AGENDA ITEM NO. 16.

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

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

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

Prepared by: Gene G. Abella, Civil Engineer

Reviewed by: City Manager AH

87 AGENDA ITEM NO. 16.

Attachment 1
88 AGENDA ITEM NO. 16.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: August 7, 2023
SUBJECT: Planning and Development Services - Approval – Res. 2 3-___, Annexation of Miscellaneous Properties to the Landscape Maintenance District No. 1.

ATTACHMENTS: 1. Res. 23-___

RECOMMENDATION
For the City Council to approve Resolution 23 -___, approving annexation of miscellaneous properties into City of Clovis Landscape Maintenance District (LMD) No. 1.

EXECUTIVE SUMMARY
The developers / property owners of the properties listed in Attachment A of the proposed resolution have submitted executed landscape maintenance covenants, copies of which are on file with the City Cle rk, indicating consent to annexation of the subject property into the City of Clovis Landscape Maintenance District No. 1. This action will annex each of these properties into the Landscape Maintenance District so that they can be assessed for maintenance costs within their respective areas.

BACKGROUND
Council formed the original district on July 15, 1985, for the purpose of funding the maintenance of landscaped areas and parks. These properties are being brought to Council for annexation to the district a s a group rather than separately in an effort to conserve staff resources and Council’s time. Under the provisions of the Landscaping and Lighting Act of 1972, if all of the owners of property proposed for annexation provide written consent to annexation, then noticing, hearing, and filing of an Engineer’s Report is not required.

89 AGENDA ITEM NO. 17.

Under the provisions of the Landscaping and Lighting Act of 1972, and in accordance with Article XIII C and Article XIII D of Proposition 218, all the owners of property proposed for annexation have provided a written request and consent to annexation and have executed a covenant (petition) indicating acceptance of the annual assessment.

FISCAL IMPACT
This project will add any landscaped areas and will incrementally increase maintenance revenue through annual assessments from the annexed properties. Current year to date status of landscape maintenance district facilities is as follows:

Various LMD’s
Under Consideration Year to Date

LMD Landscaping added: 0.000 acres 12.776 acres

Resource needs added: 0.000 person 1.278 person

The resource needs estimate is based on 1 person per 10 acres of landscaped area.

REASON FOR RECOMMENDATION
The property owners for the miscellaneous properties have requested or consented to annexation into the City of Clovis LMD No. 1.

ACTIONS FOLLOWING APPROVAL
The miscellaneous properties shall become a part of the City of Clovis LMD No. 1 and will be assessed next year for maintenance costs.

Prepared by: Jeff Brown, Engineer II

Reviewed by: City Manager AH
90 AGENDA ITEM NO. 17.

Attachment 1
RESOLUTION 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING ANNEXATION TO LANDSCAPING MAINTENANCE DISTRICT NO. 1 OF

THE CITY OF CLOVIS

WHEREAS, City of Clovis Landscape Maintenance District No. 1 ("District") was formed by Resolution No. 85-78, adopted July 15, 1985, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the "Act"; and

WHEREAS, all of the owners of property proposed to be annexed to the District consisting of proposed developments as described in Attachment A attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of engineer's report, or both.

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

1. That the public interest and convenience require that certain property described in Attachment A attached hereto and by reference incorporated herein be annexed into Landscape Maintenance District No. 1 of the City of Clovis for the maintenance and servicing of landscaping facilities.

2. The City Clerk shall receive and file the maps showing the boundaries of the areas annexed as set forth in Attachment A which boundaries shall be used for assessment proceedings until and unless a change of organization is approved pursuant to the Act.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on August 7, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: August 7, 2023

______________________________ ______________________________ Mayor City Clerk
91 AGENDA ITEM NO. 17.

Attachment A

Miscellaneous properties to be added to the Landscape Maintenance District No. 1 of the City of Clovis:

Project Number Address Developer/Owner
Building Permit No.
1271-2016 923 Woodworth Ave
Hodges Investment Group, LLC a California
limited liability company
Building Permit No. 22-
03703 73 N Willow Ave Bernardo Domingo and Reynan Regalado Building Permit No. 23-
00712 2976 Villa Ave Kim Thanh Bui and Vincent Truong
Building Permit No.
5154-2015 1502 Portals Ave Andrew James Giles and Rachael Faye Giles Building Permit No.
3752-2016 348 Harvard Ave Tamara Seals
Building Permit No.
2981-2015 841 W. Santa Ana Ave Christopher Matthew Benjamin Building Permit No.
3704-2015 1649 Bullard Ave
Hodges Investment Group, LLC a California
limited liability company
Building Permit No.
3701-2015 1659 Bullard Ave
Hodges Investment Group, LLC a California
limited liability company
PM 2022-003 358 Oxford Ave
Yellowfin Holdings LP., a California Limited
Partnership
Building Permit No. 22-
02434 1753 Fifth St Breeonna Haney
Building Permit No. 22-
02281 341 N Argyle Ave Thomas J. Ridgway and Jennifer L. Ridgway SPR 1998-001A2 340 Clovis Ave
Athletic Performance Training, Inc., a California
Corporation

92 AGENDA ITEM NO. 17.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: Aug 7, 2023
SUBJECT: Planning and Development Services – Receive and File – Annual Department Newsletter.

ATTACHMENTS: 1. Newsletter

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AGENDA ITEM NO. 18.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: August 7, 2023
SUBJECT: Planning and Development Services – Approval – Partial Acceptance for Final Map for Tract 6154, located at the northwest corner of Teague and Fowler Avenue (Woodside 06N, LP, a California Limited Partnership).

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION
For the City Council to:

1. Accept a portion of the public improveme nts for Tract 6154, and authorize recording the Notice of Partial Acceptance; and

2. Authorize the immediate reduction of the Performance Surety from $5,903,000 to $239,000, said reduced amount being equal to 125% the estimated value of the improvements remaining to be completed.

3. Authorize the reduction of the Labor and Materials Surety from $2,951,000 to $143,000, said reduced amount being 75% of the value of the improvements remaining to be completed; said reduction to occur ninety (90) days after t he recording of the Notice of Partial Acceptance, provided no liens have been filed.

4. Authorize the release of the Public Improvements Maintenance Surety upon the expiration of the one-year warranty period for the accepted improvements, said period beginning the date of acceptance, provided any defective work has been repaired to the City’s satisfaction.

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AGENDA ITEM NO. 19.

EXECUTIVE SUMMARY
The owner, Woodside 06N, LP, a California Limited Partnership, has requested final acceptance of a portion 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, with the exception of the following Remaining Improvements:

1. Private irrigation pipe adjacent to Lots 76 through 80 of said Final Map

2. Block wall adjacent to Lots 76 through 80

3. Upgrade of existing pedestrian crosswalk on Fowler Avenue at the Enterprise Canal

4. Installation of pedestrian barricades, repair of AC dike and i nstallation of miscellaneous signage on Teague Avenue.

All of the required improvements submitted for acceptance have been completed in accordance with the approved plans and specifications. In accordance with Subdivision Map Act Section 66499.7(d), the v alue of the remaining improvements is less than 20% of the overall improvements. When completed, the remaining improvements will be submitted to the Council for acceptance. This request for partial acceptance complies with the Policy and Procedures for Partial Acceptance of Subdivision Public Improvements and bond Reductions approved by the Council on December 3, 2007.

The owner has requested a deferment of the remaining improvements described above. All remaining improvements shall be constructed per Cit y Standards and Specifications, unless otherwise approved by the City Engineer, prior to full final acceptance the Final Map.

The owner has requested partial acceptance. Staff is recommending approval of their request.

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

REASON FOR RECOMMENDATION
The Subdivision Map Act provides for partial acceptance of improvements and related reduction of sureties once construction of the required improvements has been completed in compliance with all codes, plans and specifications, and all other required documents have been completed and submitted and the value of the improvements to be accepted exceed 80% of the total value of required improvements.

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

Prepared by: Gene G. Abella, Civil Engineer

Reviewed by: City Manager AH

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AGENDA ITEM NO. 19.

Attachment 1
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AGENDA ITEM NO. 19.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: August 7, 2023
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 21- 11 Fowler Avenue Street Improvements; and Authorize the City Manager to Execute the Contract on behalf of the City.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION

1. For the City Council to award a contract for CIP 21-11, Fowler Avenue Street Improvements – to Emmett Valley Construction, Inc., in the amount of $353,187.50; 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 the City Council authorize the City Manager to award and execute the contract to Emmett Valley Construction, Inc., who was the lowest responsible bidder from a bid opening that took place on August 1, 2023.

The project involves 0.3-miles of street rehabilitation of Fowler Avenue from Ashlan Avenue to City Limits. Construction shall include grinding, asphalt concrete paving, adjustment of existing manholes, water valves, utility boxes and vaults to finished grade, installation of new traffic signal loop detectors, installation of traffic markings and signs to current MUTCD standards.

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AGENDA ITEM NO. 20.

BACKGROUND
The following is a summary of the bids received on August 1, 2023:

BIDDERS BASE BID

Emmett Valley Construction, Inc. $353,187.50
Avison Construction, Inc. $449,479.00

ENGINEER’S ESTIMATE $364,135.00

FISCAL IMPACT
This project was budgeted in the 2021 -2022 Community Investment Program. The project is supported by Measure C through the City Community Investment Program.

REASON FOR RECOMMENDATION
Emmett Valley Construction, Inc. is the lowest responsible bidder. There are sufficient funds available for the anticipated cost of this project.

ACTIONS FOLLOWING APPROVAL

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

2. Construction will begin approximately two (2) weeks after contract execution and be completed in thirty (30) working days thereafter.

Prepared by: Jacob Redelfs, Project Engineer

Reviewed by: City Manager JH

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Attachment 1
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AGENDA ITEM NO. 20.

TO: Mayor and City Council
FROM: Police Department
DATE: August 7, 2023
SUBJECT: Police - Approval - Authorize the renewal of the New World Computer Aided Dispatch System 5-year subscription, maintenance and support agreement from Tyler Technologies, Inc. in the amount of $1,047,299.12.

ATTACHMENTS: 1. Tyler 5-Year Agreement

RECOMMENDATION
For the City Council to authorize the renewal of the New World Computer Aided Dispatch (CAD) System 5-year subscription, maintenance and support agreement from Tyler Technologies, Inc. for total of $1,047,299.12.

EXECUTIVE SUMMARY
In 2013, the City Council authorized the purchase and implementation of the New World Computer Aided Dispatch System. The contract for this system will expire in September 2023.

For comparative purposes, staff evaluated the functionality, cost and availab le services from other CAD systems and recommends staying with the current platform.

To remain in compliance with the licensing and use of the CAD software, it is recommended that the Subscription, Support, and Maintenance contract be renewed for a new five (5) year term.

BACKGROUND
The current Computer Aided Dispatch (CAD) and Records Management System (RMS) used by the Police Department has been in use since 2013. This system is currently meeting the needs of the Police Department; however, the original ten (10) year term of the agreement is expiring in September 2023.

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AGENDA ITEM NO. 21.

For the last couple of years, in preparation for the expiration of the contract for this critical software system, staff has been analyzing the various options available. This includes:

 Renewing the existing contract,
 Going out with a request for proposals (RFP) on the acquisition of another vendor’s CAD system,
 Evaluating the logistics of again partnering with the Fresno Sherriff’s office, Fresno Police Department or other local agencies on a shared system.

While there were “Pro’s and Con’s” to each approach, staff found that the staying with the current Tyler New World CAD system would be the least disruptive to Public Safety operations . There would be no downtime, no data conversions or installations needed; staff knows how to use and support the existing hardware/software; and the renewal provides cost certainty for the next five years.

Staff is recommending the renewal of the New World Computer Aided Dispatch (CAD) System 5-year subscription, maintenance and support agreement from Tyler Technologies, Inc. for total of $1,047,299.12 which would be paid annually per the following schedule:

TERM AMOUNT
09/01/23 – 08/31/24 $193,360.00
09/01/24 – 08/31/25 $201,094.40
09/01/25 – 08/31/26 $209,138.17
09/01/26 – 08/31/27 $217,503.70
09/01/27 – 08/31/28 $226,203.85
TOTAL: $1,047,299.12

FISCAL IMPACT
The cost of renewing the agreement for the Tyler New World Computer Aided Dispatch system is included in the I.T. Division budget for Fiscal Year 2023-2024

REASON FOR RECOMMENDATION
The system has been in -use for ten years and has proven to have the reliability, stability, and the performance necessary for a 24x7 emergency dispatch center and for our Patrol Officers in the field. To continue to use the software and license, we must remain in compliance with the licensing terms.

ACTIONS FOLLOWING APPROVAL
After Council a pproval, Staff will renew the subscription/support agreement with Tyler Technologies, Inc.

Prepared by: Curt Fleming, Chief of Police

Reviewed by: City Manager AH

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1 Amendment
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc., a Delaware corporation with offices at 840 West Long Lake Road, Troy, MI 48098 (“Tyler”) and City of Clovis, with offices at 1233 5th St., Clovis, CA 93612-1316 (“Client”).

WHEREAS, Tyler and the Client are parties to a Standard Software Subscription License and Services Agreement with an effective date of August 13, 2013 (“Agreement”) under which Client licensed the software itemized therein; and
WHEREAS, Tyler and Client now desire to amend the Agreement.

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows:

1. Expiration of Subscription Period: The Subscription Period, as identified in Section 15.3 of the Agreement, is hereby amended for an additional five (5) year period commencing September 1, 2023.

Upon expiration of the five year period, the Agreement shall automatically renew for additional one (1) year periods unless terminated in writing by either party per the terms of the Agreement.

2. The software and/or services set forth in Exhibit 1 to this Amendment are hereby added to the Agreement. The following payment terms shall apply:
a. Additional software fees will be invoiced 100% on the Amendment Effective Date. b. Associated maintenance and support fees added herein are included in the payment schedule identified below. For clarification, said maintenance and support fees are waived through August 31, 2023, and shall be invoiced in accordance with Section 6 of this Amendment. c. Additional Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Amendment Investment Summary.

MAINTENANCE RESET

3. The software Client licensed under the Agreement, and on which Client has paid maintenance and support fees through the Effective Date, shall mean the “Tyler Software” for purposes of this Amendment.

4. Tyler shall provide maintenance and support services for the Tyler Software under the Agreement, according to the terms of Exhibit 2, and Exhibit 2, Schedule 1 to this Amendment.

5. For the term specified in the applicable invoice, Client shall remit to Tyler maintenance and support fees in the amount set forth therein. Payment is due within thirty (30) days of the invoice date.

6. The maintenance and support fees for the Tyler Licensed Software under the Agreement, together with Attachment 1
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2 the maintenance and support fees added per this Amendment, shall be reset and invoiced as follows:

Term Amount
09/01/23 – 08/31/24 $193,360.00
09/01/24 – 08/31/25 $201,094.40
09/01/25 – 08/31/26 $209,138.17
09/01/26 – 08/31/27 $217,503.70
09/01/27 – 08/31/28 $226,203.85

Any additional software and/or services added to the Agreement after the execution of this Amendment shall be invoiced at Tyler’s then-current rates. Thereafter, maintenance and support fees, at our then- current rates, are invoiced annually in advance of each anniversary thereof.

DISCONTINUANCE OF MAINTENANCE

7. Client elects not to receive maintenance and support services for the previously licensed software identified in and in accordance with the Discontinuance of Maintenance (“DOM”) in Exhibit 3 attached to this Amendment.

8. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.

9. All other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Support Amendment as of the dates set forth below.

Tyler Technologies, Inc. City of Clovis, CA

By: By:

Name: Name:

Title: Title:

Date: Date:

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Exhibit 1
1 Exhibit 1
Amendment Investment Summary
The following Amendment Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Amendment Investment Summary is effective as of the Amendment Effective Date.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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2023-392317-C7J0B8 Page 1 of 2
Quoted By: Terri Minter
Quote Expiration: 9/5/23
Quote Name: Equipment Tracking
Sales Quotation For:

City of Clovis
1233 5th St
Clovis CA 93612-1316
Phone: +1 (559) 324-2800
Tyler Software
Description License Discount License Total
Year One
Maintenance
Enterprise Public Safety
Law Enforcement Records Management System
Equipment Tracking $ 18,000 $ 0 $ 18,000 $ 3,780
Total $ 18,000 $ 0 $ 18,000 $ 3,780
TOTAL $ 18,000 $ 18,000 $ 3,780
Services
Description Quantity Unit Price Discount Total Maintenance Enterprise Public Safety
Law Enforcement Additional Modules $ 620 $ 0
TOTAL $ 620 $ 620 $ 0
Exhibit 1
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2023-392317-C7J0B8 Page 2 of 2
Summary One Time Fees Recurring Fees
Total Tyler Software $ 18,000 $ 3,780
Total Annual $ 0 $ 0
Total Tyler Services $ 620 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 18,620 $ 3,780
Customer Approval: Date:

Print Name: P.O.#:

The Software, Maintenance, Services and Third-Party Products, as applicable, that are itemized above, are hereby added to your existing agreement with Tyler. Fees for Software, if applicable, will be invoiced to you in full upon receipt of your signed quote. Unless otherwise stated in the Assumptions, associated maintenance and support fees shall be invoiced on a prorated basis through the end of your current term, and thereafter in a lump sum amount together with your then-current maintenance and support fees for previously licensed software. Fees for Services, Third-Party Products and/or travel, as applicable, will be invoiced as rendered or delivered. The terms and conditions of your agreement will otherwise control.

Exhibit 1
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Exhibit 2
1 Exhibit 2
Maintenance and Support Agreement
Tyler (“we”) will provide Client (“you”) with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Support Agreement.

1. Term. We provide maintenance and support services on an annual basis. The initial term commences on September 1, 2023 and remains in effect for five (5) years. The term will renew automatically for additional one (1) year terms unless terminated in writing by either party at least ninety (90) days prior to the end of the then-current term.

2. Maintenance and Support Fees. Your maintenance and support fees for the initial term for the Tyler Software will be listed in the applicable invoice. Your fees for each subsequent term will be at our then-current rates. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended.

3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent with our then-current Support Call Process:

3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects, as defined in the Agreement, in the Tyler Software (subject to any applicable release life cycle policy); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void;

3.2 a) provide support during our established support hours, currently Monday through Friday from 8:00 a.m. to 9:00 p.m. (Eastern Time Zone).
b) emergency 24-hour per day telephone support, for Enterprise Public Safety CAD only, seven (7) days per week for Licensed Standard Software. Normal service is available from 8:00 a.m. to 9:00 p.m. (Eastern Time Zone). After 8:00 p.m., the Enterprise Public Safety CAD phone support will be provided via pager and a support representative will respond to CAD service calls within 30 minutes of call initiation.

3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and third party software, if any, in order to provide maintenance and support services; and

3.4 provide you with a copy of all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who 117
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Exhibit 2

2 have a maintenance and support agreement in effect; and

3.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.

4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes.

5. Hardware and Other Systems. If in the process of diagnosing a software support issue it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain third party products except as expressly set forth in the Agreement.

In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software:

(a) All infrastructure executing Tyler Software shall be managed by you; and (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third-Party Software, if any); and
(c) You will perform daily database backups and verify that those backups are successful.

6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other consulting services; (e) maintenance and support of an operating system or hardware; (f) support outside our established support hours; or (g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.

7. Current Support Call Process. Our current Support Call Process for the Tyler Software is provided as Schedule 1 to Exhibit 2.

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Exhibit 2
Schedule 1

1 Exhibit 2
Schedule 1
Support Call Process

If, after you have cut over to live product ion use of the Tyler Software , you believe that the Tyler Software is Defective, as “Defect” is defined in the Agree ment, the n you wil l notify u s by phone, in writing, by e mail, or through the support website. Plea se reference the applicable Customer Supp ort page at www.tylertech.com/client-support for information on how t o use the se v arious means of contact.

Documented examples of the claimed Defect must ac company each notice. We will review the documented notice and when there is a Defect, we shall re solve it at no additional cost to you beyond your then-current maintenance and support fees.

In receiving and re sponding to Defect notices and other suppor t calls, we will follow t he priority categorizations below. These categories are assigned based on your determination of the severity of the Defect and our reasonable analysis. If you believe a priority categorization needs to be updated, you may contact us again, via the same methods outlined above, to request the change.

In each instance of a Prio rity 1 or 2 Defect, prior to final Defect correction, the s upport team may offer you wo rkaround s olutions, including patches, configuration changes, and opera tional adjustments , or may recommend that you revert back to the prior version the Tyler Software pending Defect correction.

(a) Priority 1: A Defect that renders the Tyler Software inoperative; or causes the Tyler Software to fail catastrophically.

After initial assessment of the Priority 1 Defect, if requ ired, we shall assign a qualified product technical specialist(s) within one business (1) hour. The technical specialist(s) will then work to diagno se the D efect and to correct the Defect, providing ongoing communication to you concerning t he status of th e c orrection un til the Tyler Software is operational without Priority 1 defect.

The goal for correcting a Priority 1 Defect is 24 hours or less.

(b) Priority 2: A Defect that substantially degrades the performance of the Tyler Software, but does not prohibit your use of the Tyler Software.

We shall assign a qualified product technical specialist( s) within four (4) business hours of our receipt of your notice. The product technical specialist will then work to diagnose and correct th e Defect. We sh all work dilige ntly to make the correction , and sh all provide ongoing communication to you concerning the stat us of the correction un til th e Tyler Software is operational without Priority 2 Defect.
119
AGENDA ITEM NO. 21.

Exhibit 2
Schedule 1

2 The goal for correcting a Priority 2 event is to include a correction in the next Tyler Software release.

We may include a correction in subsequent Tyler Software releases. 120
AGENDA ITEM NO. 21.

1 Exhibit 3

Discontinuance of Maintenance

Client requests NOT to receive support and maintenance services, as defined in its License and Services Agreement with Tyler, on the following applications (the “Cancelled Applications”):

• Cad Auto Routing
• Coplink Interface
• Scheduling Module
• Driver’s License Mag Strip Reader
• ScenePD

By discontinuing maintenance on the Cancelled Applications, Client understands that it is losing the rights and benefits, and accepting the consequences, summarized below:
• The Maintenance and Support Agreement set forth in Client’s contract with Tyler will no longer apply to the Cancelled Applications;
• Client will only receive maintenance and support on a time and materials basis, at Tyler’s then- current rates or such other rates as Tyler deems necessary to account for Client’s lack of ongoing training on the Cancelled Applications, with all of those services being charged at a two (2) hour minimum for every support call Client makes;
• Client will receive the lowest priority under the applicable Support Call process; and • Client will be required to purchase new releases of the Cancelled Applications, including fixes, enhancements, patches; and platform upgrades.

Client acknowledges that in order to reinstate maintenance on a Cancelled Application, Tyler requires either (a) payment of all past due maintenance and support fees, including all fees for the periods during which services were suspended; or (b) re-licensure of the Cancelled Application at Tyler’ then-current software fees for that application or its functional equivalent. 121
AGENDA ITEM NO. 21.

TO: Mayor and City Council
FROM: Administration
DATE: August 7, 2023
SUBJECT: Consider Approval – Designation of Voting Delegate and Alternate for the League of California Cities’ Annual Conference and Business Meeting on September 20-22, 2023.

Staff: John Holt, City Manager
Recommendation: Approve
ATTACHMENTS: 1. Annual Conference Voting Procedures Report

RECOMMENDATION
That the City Council take action to designate a Councilmember as the City’s voting delegate for the League of California Cities’ Annual Conference for transacting business at the Annual Business Meeting, and that an alternate voting delegate also be designated.

EXECUTIVE SUMMARY
The Annual Business Meeting of the League of California Cities will be conducted in conjunction with the Annual League Conference held on September 22, 2023. In order for the City to cast votes on policy matters coming before the League, it must take action to designate a voting delegate and an alternate voting delegate who will be issued credentials for voting purposes.

This authority may not be transferred unofficially and must be a ccomplished only by action of the City Council. There are no resolutions for council to consider in Attachment 1.

BACKGROUND
Voting on official business and policy matters of the League of California Cities occurs each year at the Annual Business Meeting, held in conjunction with the Annual League Conference. This year the Annual Business Meeting will be on Friday, September 22, 2023. The voting process for the Annual Business Meeting requires that a voting delegate be designated from each 122
AGENDA ITEM NO. 22.
member city b y action of the City Council. The attached report from the League of California Cities outlines the procedure to ensure integrity of the voting process.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
In order for the City to exercise its membership responsibility for policy direction of the League of California Cities, it is necessary to vote on such matters at the Annual Business Meeting.

ACTIONS FOLLOWING APPROVAL
The League of California Cities will be advised in writing of the City Councilmember designated as the voting delegate, and the alternate voting delegate for the City of Clovis.

Prepared by: Rebecca Simonian, Executive Assistant

Reviewed by: City Manager JH
123
AGENDA ITEM NO. 22.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
Lea
gue of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Ever
y year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taki
ng place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cas
t a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Plea
se complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New t
his year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Acti
on by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Pleas
e note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
Attachment 1
124
AGENDA ITEM NO. 22.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

125
AGENDA ITEM NO. 22.

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

126
AGENDA ITEM NO. 22.

CITY: ________________________________________
202
3 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND

ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to

designate the voting delegate and alternate(s).

Na
me: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
127
AGENDA ITEM NO. 22.

Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 128
AGENDA ITEM NO. 22.

TO: Mayor and City Council
FROM: Administration
DATE: August 7, 2023
SUBJECT: Consider Approval – To provide letters of Opposition for Senate Bill 423 (Wiener) and Assembly Bill 309 (Lee) – Greatly Expanding State Authority to Approve Housing on State-Owned or -Leased Lands.

Staff: John Holt, City Manager
Recommendation: Approve

ATTACHMENTS: 1. Proposed Legislation – SB 423

2. Proposed Legislation – AB 309

3. Draft Letter – SB 423

4. Draft Letter – AB 309

RECOMMENDATION
For the City Council to submit letters in opposition to Senate Bill 423 – Wiener and Assembly Bill 423 – Lee, greatly expanding state authority to approve housing on state-owned or -leased lands.

EXECUTIVE SUMMARY
Senate Bill 423 (Wiener) and Assembly Bill 309 (Lee) would greatly expand state authority to approve housing on state-owned or -leased lands without following local zoning or development standards.

SB 423 would greatly expand SB 35 (Cha pter 366, Statutes of 2017) and require cities to ministerially approve certain multifamily housing projects without public input or environmental review, even on parcels under the California Coastal Commission’s jurisdiction. Cities would have no ability to impose zoning standards, objective standards, or design review requirements on state-owned or -leased land.

129
AGENDA ITEM NO. 23.

AB 309 would create the Social Housing Program within the Department of General Services to facilitate the construction of government -owned hous ing on leased state property or excess state-owned property. Cities would have no ability to impose zoning standards, objective standards, or design review requirements on state- owned or -leased land.

BACKGROUND
Local officials understand the housing crisis as it plays out in their communities every day. Local leaders are working to find creative solutions so homes of all income levels can be built. Cities are finalizing local housing plans that will identify sites for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.

SB 423 and AB 309 are the latest overreaching bills. They would disregard state-mandated local housing plans and expand state authority to approve housing on state -owned or -leased lands without following local zoning or development standards. Instead of continuing to pursue top - down, one-size-fits-all legislation, lawmakers should partner with local officials.

That is why the City of Clovis continues to call on the Governor and lawmakers to invest $3 billion annually in the state budget to help cities prevent and reduce homelessness and spur housing development. Targeted, ongoing funding is the only way cities can find community - based solutions that get support unhoused residents and keep Californians in their homes.

California will never produce the number of homes needed with an increasingly state driven, by- right housing approval process.

FISCAL IMPACT
None at this time.

REASON FOR RECOMMENDATION
The position these bills are recommending is not in the best interest of the City.

ACTIONS FOLLOWING APPROVAL
If approved, staff will draft letters of opposition with the Mayor’s signature.

Prepared by: Rebecca Simonian, Executive Assistant

Reviewed by: City Manager JH
130
AGENDA ITEM NO. 23.

AMENDED IN ASSEMBLY JUNE 30, 2023
AMENDED IN ASSEMBLY JUNE 19, 2023
AMENDED IN SENATE MAY 23, 2023
AMENDED IN SENATE MARCH 28, 2023
SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Senator Hurtado)
(Coauthor: Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code, relating to land use.
legislative counsel’s digest
SB 423, as amended, Wiener. Land use: streamlined housing approvals: multifamily housing developments.

Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Existing law repeals these provisions on January 1, 2026.
95 ATTACHMENT 1 131
AGENDA ITEM NO. 23.

This bill would authorize the Department of General Services to act in the place of a locality or local go vernment, at the discretion of that department, for purposes of the ministerial, streamlined re view for development in compliance with the above-described requirements on property owned by or leased to the state. The bill w ould extend the operation of the streamlined, ministerial appro val process to January 1, 2036. The bill would provide that the streamlined, ministerial approval process does not apply to applications for de velopments proposed on qualified sites, defined as a site that is located within an equine or equestrian district and meets certain other requirements, that are submitted on or after January 1, 2024, but before July 1, 2025.

This bill w ould modify the abo ve-described objecti ve planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the de velopment is located in a coastal zone, and by pro viding an alternati ve definition for “af fordable rent” for a development that dedicates 100% of units, e xclusive of a manager’ s unit or units, to lower income households. The bill would, among other modifications, delete the objecti ve planning standards requiring development proponents to pay at least the general pre vailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a de velopment proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the oblig ation to pay pre vailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill w ould specify that the requirements to pay prevailing wages, use a w orkforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.

Existing law requires a local government to approve a development if the local government determines the development is consistent with the objecti ve planning standards. Existing la w requires, if the local government determines a submitted development is in conflict with any of the objecti ve planning standards, the local go vernment to pro vide the development proponent written documentation of the standards the development conflicts with and an e xplanation for the conflict within certain timelines depending on the size of the de velopment. Existing law, the Housing Accountability Act, prohibits a local agenc y from 95 — 2 — SB 423

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AGENDA ITEM NO. 23.
disapproving a housing de velopment project, as described, unless it makes specified written findings.

This bill w ould instead require appro val if a local go vernment’s planning director or equivalent position determines the development is consistent with the objective planning standards. The bill would make conforming changes. The bill would require all departments of the local government that are required to issue an appro val of the development prior to the granting of an entitlement to also comply with the above-described streamlined appro val requirements within specified time periods. The bill would prohibit a local government from requiring, prior to appro ving a de velopment that meets the requirements of the above-described streamlining provisions, compliance with any standards necessary to receive a postentitlement permit or studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objecti ve planning standards applicable to the development.

The bill w ould, for purposes of these pro visions, establish that the total number of units in a de velopment includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.

Existing la w requires, before submitting an application for a development subject to the abo ve-described streamlined, ministerial approval process, the de velopment proponent to submit to the local government a notice of its intent to submit an application, as described.

For developments proposed in a census tract that is designated either as a moderate resource area, lo w resource area, or an area of high segregation and po verty, as described, this bill w ould require local governments to provide, within 45 days of receiving a notice of intent and before the de velopment proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process, for a public meeting, as described, to pro vide an opportunity for the public and the local government to comment on the development.

Existing law authorizes the local government’s planning commission or an y equi valent board or commission responsible for re view and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development. 95 SB 423 — 3 —

133
AGENDA ITEM NO. 23.

This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.

By imposing additional duties on local officials, the bill would impose a state-mandated local program.

The bill w ould include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that it has line 2 provided reforms and incenti ves to f acilitate and e xpedite the line 3 construction of affordable housing. Those reforms and incentives line 4 can be found in the following provisions:
line 5 (a)  Housing element la w (Article 10.6 (commencing with line 6 Section 65580) of Chapter 3 of Di vision 1 of Title 7 of the line 7 Government Code).
line 8 (b)  Extension of statute of limitations in actions challenging the line 9 housing element and brought in support of af fordable housing line 10 (subdivision (d) of Section 65009 of the Government Code). line 11 (c)  Restrictions on disappro val of housing de velopments line 12 (Section 65589.5 of the Government Code).
line 13 (d)  Priority for affordable housing in the allocation of water and line 14 sewer hookups (Section 65589.7 of the Government Code). line 15 (e)  Least cost zoning law (Section 65913.1 of the Government line 16 Code).
line 17 (f)  Density Bonus La w (Section 65915 of the Go vernment line 18 Code).
line 19 (g)  Accessory dwelling units (Sections 65852.150 and 65852.2 line 20 of the Government Code).
95 — 4 — SB 423

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AGENDA ITEM NO. 23.
line 1 (h)  By-right housing, in which certain multif amily housing is line 2 designated a permitted use (Section 65589.4 of the Go vernment line 3 Code).
line 4 (i)  No-net-loss-in zoning density law limiting downzonings and line 5 density reductions (Section 65863 of the Government Code). line 6 (j)  Requiring persons who sue to halt affordable housing to pay line 7 attorney’s fees (Section 65914 of the Go vernment Code) or post line 8 a bond (Section 529.2 of the Code of Civil Procedure). line 9 (k)  Reduced time for action on affordable housing applications line 10 under the appro val of de velopment permits process (Article 5 line 11 (commencing with Section 65950) of Chapter 4.5 of Di vision 1 line 12 of Title 7 of the Government Code).
line 13 (l)  Limiting moratoriums on multifamily housing (Section 65858 line 14 of the Government Code).
line 15 (m)  Prohibiting discrimination ag ainst af fordable housing line 16 (Section 65008 of the Government Code).
line 17 (n)  California F air Emplo yment and Housing Act (P art 2.8 line 18 (commencing with Section 12900) of Division 3 of Title 2 of the line 19 Government Code).
line 20 (o)  Community Redevelopment Law (Part 1 (commencing with line 21 Section 33000) of Division 24 of the Health and Safety Code, and line 22 in particular Sections 33334.2 and 33413 of the Health and Safety line 23 Code).
line 24 (p)  Streamlining housing approvals during a housing shortage line 25 (Section 65913.4 of the Government Code).
line 26 (q)  Housing sustainability districts (Chapter 11 (commencing line 27 with Section 66200) of Di vision 1 of Title 7 of the Go vernment line 28 Code).
line 29 (r)  Streamlining agricultural emplo yee housing de velopment line 30 approvals (Section 17021.8 of the Health and Safety Code). line 31 (s)  The Housing Crisis Act of 2019 (Senate Bill 330 (Chapter line 32 654 of the Statutes of 2019)).
line 33 (t)  Allowing four units to be b uilt on single-f amily parcels line 34 statewide (Senate Bill 9 (Chapter 162 of the Statutes of 2021)). line 35 (u)  The Middle Class Housing Act of 2022 (Section 65852.24 line 36 of the Government Code).
line 37 (v)  Affordable Housing and High Road Jobs Act of 2022 line 38 (Chapter 4.1 (commencing with Section 65912.100) of Di vision line 39 1 of Title 7 of the Government Code).
95 SB 423 — 5 —

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AGENDA ITEM NO. 23.
line 1 SEC. 2. Section 65913.4 of the Government Code is amended line 2 to read:
line 3 65913.4. (a)  Except as pro vided in subdi vision (r), a line 4 development proponent may submit an application for a line 5 development that is subject to the streamlined, ministerial approval line 6 process pro vided by subdi vision (c) and is not subject to a line 7 conditional use permit or an y other nonle gislative discretionary line 8 approval if the de velopment complies with subdi vision (b) and line 9 satisfies all of the following objective planning standards:
line 10 (1)  The development is a multifamily housing development that line 11 contains two or more residential units.
line 12 (2)  The development and the site on which it is located satisfy line 13 all of the following:
line 14 (A)  It is a legal parcel or parcels located in a city if, and only line 15 if, the city boundaries include some portion of either an urbanized line 16 area or urban cluster, as designated by the United States Census line 17 Bureau, or , for unincorporated areas, a le gal parcel or parcels line 18 wholly within the boundaries of an urbanized area or urban cluster, line 19 as designated by the United States Census Bureau. line 20 (B)  At least 75 percent of the perimeter of the site adjoins parcels line 21 that are developed with urban uses. For the purposes of this section, line 22 parcels that are only separated by a street or highw ay shall be line 23 considered to be adjoined.
line 24 (C)  (i)  A site that meets the requirements of clause (ii) and line 25 satisfies any of the following:
line 26 (I)  The site is zoned for residential use or residential mixed-use line 27 development.
line 28 (II)  The site has a general plan designation that allows residential line 29 use or a mix of residential and nonresidential uses. line 30 (III)  The site meets the requirements of Section 65852.24. line 31 (ii)  At least two-thirds of the square footage of the development line 32 is designated for residential use. Additional density, floor area, line 33 and units, and an y other concession, incenti ve, or w aiver of line 34 development standards granted pursuant to the Density Bonus Law line 35 in Section 65915 shall be included in the square footage line 36 calculation. The square footage of the de velopment shall not line 37 include underground space, such as basements or under ground line 38 parking garages.
line 39 (3)  (A)  The development proponent has committed to record, line 40 prior to the issuance of the first b uilding permit, a land use 95 — 6 — SB 423

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AGENDA ITEM NO. 23.
line 1 restriction or co venant pro viding that an y lo wer or moderate line 2 income housing units required pursuant to subparagraph (B) of line 3 paragraph (4) shall remain a vailable at af fordable housing costs line 4 or rent to persons and f amilies of lower or moderate-income for line 5 no less than the following periods of time:
line 6 (i)  Fifty-five years for units that are rented. line 7 (ii)  Forty-five years for units that are owned. line 8 (B)  The city or county shall require the recording of covenants line 9 or restrictions implementing this paragraph for each parcel or unit line 10 of real property included in the development.
line 11 (4)  The development satisfies clause (i) or (ii) of subparagraph line 12 (A) and satisfies subparagraph (B) below:
line 13 (A)  (i)  For a development located in a locality that is in its sixth line 14 or earlier housing element c ycle, the de velopment is located in line 15 either of the following:
line 16 (I)  In a locality that the department has determined is subject line 17 to this clause on the basis that the number of units that have been line 18 issued building permits, as shown on the most recent production line 19 report received by the department, is less than the locality’s share line 20 of the re gional housing needs, by income cate gory, for that line 21 reporting period. A locality shall remain eligible under this line 22 subclause until the department’ s determination for the ne xt line 23 reporting period.
line 24 (II)  In a locality that the department has determined is subject line 25 to this clause on the basis that the locality did not adopt a housing line 26 element that has been found in substantial compliance with housing line 27 element law (Article 10.6 (commencing with Section 65580) of line 28 Chapter 3) by the department. A locality shall remain eligible under line 29 this subclause until such time as the locality adopts a housing line 30 element that has been found in substantial compliance with housing line 31 element law (Article 10.6 (commencing with Section 65580) of line 32 Chapter 3) by the department.
line 33 (ii)  For a development located in a locality that is in its seventh line 34 or later housing element c ycle, is located in a locality that the line 35 department has determined is subject to this clause on the basis line 36 that the locality did not adopt a housing element that has been line 37 found in substantial compliance with housing element law (Article line 38 10.6 (commencing with Section 65580) of Chapter 3) by the line 39 department by the statutory deadline, or that the number of units line 40 that have been issued building permits, as shown on the most recent 95 SB 423 — 7 —

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line 1 production report recei ved by the department, is less than the line 2 locality’s share of the regional housing needs, by income category, line 3 for that reporting period. A locality shall remain eligible under line 4 this subparagraph until the department’s determination for the next line 5 reporting period.
line 6 (B)  The development is subject to a requirement mandating a line 7 minimum percentage of below market rate housing based on one line 8 of the following:
line 9 (i)  The locality did not adopt a housing element pursuant to line 10 Section 65588 that has been found in substantial compliance with line 11 the housing element law (Article 10.6 (commencing with Section line 12 65580) of Chapter 3) by the department, did not submit its latest line 13 production report to the department by the time period required line 14 by Section 65400, or that production report submitted to the line 15 department reflects that there were fe wer units of abo ve line 16 moderate-income housing issued b uilding permits than were line 17 required for the regional housing needs assessment cycle for that line 18 reporting period. In addition, if the project contains more than 10 line 19 units of housing, the project does either one of the following:
line 20 (I)  The For for-rent projects, the project dedicates a minimum line 21 of 10 percent of the total number of units, before calculating an y line 22 density bonus, to housing af fordable to households making at or line 23 below 80 50 percent of the area median income. Ho wever, if the line 24 locality has adopted a local ordinance that requires that greater line 25 than 10 percent of the units be dedicated to housing affordable to line 26 households making below 80 50 percent of the area median income, line 27 that local ordinance applies.
line 28 (II)  For for-sale projects, the project dedicates a minimum of line 29 10 percent of the total number of units, befor e calculating any line 30 density bonus, to housing af fordable to households making at or line 31 below 80 per cent of the ar ea median income . Howe ver, if the line 32 locality has adopted a local or dinance that requires that greater line 33 than 10 percent of the units be dedicated to housing affordable to line 34 households making below 80 percent of the area median income, line 35 that local ordinance applies.
line 36 (II)
line 37 (III)  (ia)  If the project is located within the San Francisco Bay line 38 area, the project, in lieu of complying with subclause (I), dedicates line 39 (I) or (II), may opt to abide by this subclause . Projects utilizing line 40 this subclause shall dedicate 20 percent of the total number of 95 — 8 — SB 423

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line 1 units, before calculating any density bonus, to housing affordable line 2 to households making below 120 100 percent of the area median line 3 income with the average income of the units at or belo w 100 80 line 4 percent of the area median income. Ho wever, a local ordinance line 5 adopted by the locality applies if it requires greater than 20 percent line 6 of the units be dedicated to housing af fordable to households line 7 making at or below 120 100 percent of the area median income, line 8 or requires that any of the units be dedicated at a level deeper than line 9 120 100 percent. In order to comply with this subclause, the rent line 10 or sale price char ged for units that are dedicated to housing line 11 affordable to households between 80 percent and 120 100 percent line 12 of the area median income shall not exceed 30 percent of the gross line 13 income of the household.
line 14 (ib)  For purposes of this subclause, “San Francisco Bay area” line 15 means the entire area within the territorial boundaries of the line 16 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, line 17 Santa Clara, Solano, and Sonoma, and the City and County of San line 18 Francisco.
line 19 (ii)  The locality’s latest production report reflects that there line 20 were fewer units of housing issued building permits affordable to line 21 either v ery lo w income or lo w-income households by income line 22 category than were required for the re gional housing needs line 23 assessment cycle for that reporting period, and the project seeking line 24 approval dedicates 50 percent of the total number of units, before line 25 calculating any density bonus, to housing affordable to households line 26 making at or belo w 80 percent of the area median income. line 27 However, if the locality has adopted a local ordinance that requires line 28 that greater than 50 percent of the units be dedicated to housing line 29 affordable to households making at or below 80 percent of the area line 30 median income, that local ordinance applies.
line 31 (iii)  The locality did not submit its latest production report to line 32 the department by the time period required by Section 65400, or line 33 if the production report reflects that there were fe wer units of line 34 housing affordable to both income levels described in clauses (i) line 35 and (ii) that were issued b uilding permits than were required for line 36 the re gional housing needs assessment c ycle for that reporting line 37 period, the project seeking approval may choose between utilizing line 38 clause (i) or (ii).
line 39 (C)  (i)  A development proponent that uses a unit of affordable line 40 housing to satisfy the requirements of subparagraph (B) may also 95 SB 423 — 9 —

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line 1 satisfy any other local or state requirement for affordable housing, line 2 including local ordinances or the Density Bonus La w in Section line 3 65915, provided that the de velopment proponent complies with line 4 the applicable requirements in the state or local la w. If a local line 5 requirement for affordable housing requires units that are restricted line 6 to households with incomes higher than the applicable income line 7 limits required in subparagraph (B), then units that meet the line 8 applicable income limits required in subparagraph (B) shall be line 9 deemed to satisfy those local requirements for higher income units. line 10 (ii)  A de velopment proponent that uses a unit of af fordable line 11 housing to satisfy any other state or local affordability requirement line 12 may also satisfy the requirements of subparagraph (B), pro vided line 13 that the de velopment proponent complies with applicable line 14 requirements of subparagraph (B).
line 15 (iii)  A de velopment proponent may satisfy the af fordability line 16 requirements of subparagraph (B) with a unit that is restricted to line 17 households with incomes lower than the applicable income limits line 18 required in subparagraph (B).
line 19 (D)  The amendments to this subdivision made by the act adding line 20 this subparagraph do not constitute a change in, but are declaratory line 21 of, existing law.
line 22 (5)  The development, excluding any additional density or an y line 23 other concessions, incentives, or waivers of development standards line 24 for which the development is eligible pursuant to the Density Bonus line 25 Law in Section 65915, is consistent with objecti ve zoning line 26 standards, objective subdivision standards, and objecti ve design line 27 review standards in ef fect at the time that the de velopment is line 28 submitted to the local go vernment pursuant to this section, or at line 29 the time a notice of intent is submitted pursuant to subdivision (b), line 30 whichever occurs earlier. For purposes of this paragraph, “objective line 31 zoning standards, ” “objecti ve subdi vision standards, ” and line 32 “objective design review standards” mean standards that in volve line 33 no personal or subjecti ve judgment by a public official and are line 34 uniformly v erifiable by reference to an e xternal and uniform line 35 benchmark or criterion a vailable and kno wable by both the line 36 development applicant or proponent and the public official before line 37 submittal. These standards may be embodied in alternati ve line 38 objective land use specifications adopted by a city or county, and line 39 may include, but are not limited to, housing overlay zones, specific 95 — 10 — SB 423

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line 1 plans, inclusionary zoning ordinances, and density bonus line 2 ordinances, subject to the following:
line 3 (A)  A development shall be deemed consistent with the objective line 4 zoning standards related to housing density , as applicable, if the line 5 density proposed is compliant with the maximum density allowed line 6 within that land use designation, notwithstanding an y specified line 7 maximum unit allocation that may result in fewer units of housing line 8 being permitted.
line 9 (B)  In the event that objective zoning, general plan, subdivision, line 10 or design re view standards are mutually inconsistent, a line 11 development shall be deemed consistent with the objective zoning line 12 and subdi vision standards pursuant to this subdi vision if the line 13 development is consistent with the standards set forth in the general line 14 plan.
line 15 (C)  It is the intent of the Le gislature that the objective zoning line 16 standards, objective subdivision standards, and objecti ve design line 17 review standards described in this paragraph be adopted or line 18 amended in compliance with the requirements of Chapter 905 of line 19 the Statutes of 2004.
line 20 (D)  The amendments to this subdivision made by the act adding line 21 this subparagraph do not constitute a change in, but are declaratory line 22 of, existing law.
line 23 (E)  A project that satisfies the requirements of Section 65852.24 line 24 shall be deemed consistent with objecti ve zoning standards, line 25 objective design standards, and objective subdivision standards if line 26 the project is consistent with the pro visions of subdivision (b) of line 27 Section 65852.24 and if none of the square footage in the project line 28 is designated for hotel, motel, bed and breakf ast inn, or other line 29 transient lodging use, except for a residential hotel. For purposes line 30 of this subdivision, “residential hotel” shall have the same meaning line 31 as defined in Section 50519 of the Health and Safety Code. line 32 (6)  The development is not located on a site that is an y of the line 33 following:
line 34 (A)  Either prime farmland or farmland of statewide importance, line 35 as defined pursuant to United States Department of Agriculture line 36 land inventory and monitoring criteria, as modified for California, line 37 and designated on the maps prepared by the F armland Mapping line 38 and Monitoring Program of the Department of Conserv ation, or line 39 land zoned or designated for agricultural protection or preservation 95 SB 423 — 11 —

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line 1 by a local ballot measure that w as approved by the voters of that line 2 jurisdiction.
line 3 (B)  Wetlands, as defined in the United States Fish and Wildlife line 4 Service Manual, Part 660 FW 2 (June 21, 1993).
line 5 (C)  Within a very high fire hazard severity zone, as determined line 6 by the Department of F orestry and Fire Protection pursuant to line 7 Section 51178, or within a high or v ery high fire hazard severity line 8 zone as indicated on maps adopted by the Department of Forestry line 9 and Fire Protection pursuant to Section 4202 of the Public line 10 Resources Code. This subparagraph does not apply to sites line 11 excluded from the specified hazard zones by a local agenc y, line 12 pursuant to subdi vision (b) of Section 51179, or sites that ha ve line 13 adopted fire hazard mitig ation measures pursuant to e xisting line 14 building standards or state fire mitigation measures applicable to line 15 the development.
line 16 (D)  A hazardous w aste site that is listed pursuant to Section line 17 65962.5 or a hazardous substances release site designated by the line 18 Department of Toxic Substances Control pursuant to Section 25356 line 19 of the Health and Safety Code, unless either of the following apply:
line 20 (i)  The site is an underground storage tank site that received a line 21 uniform closure letter issued pursuant to subdivision (g) of Section line 22 25296.10 of the Health and Safety Code based on closure criteria line 23 established by the State Water Resources Control Board for line 24 residential use or residential mix ed uses. This section does not line 25 alter or change the conditions to remo ve a site from the list of line 26 hazardous waste sites listed pursuant to Section 65962.5. line 27 (ii)  The State Department of Public Health, State Water line 28 Resources Control Board, Department of Toxic Substances Control, line 29 or a local agency making a determination pursuant to subdivision line 30 (c) of Section 25296.10 of the Health and Safety Code, has line 31 otherwise determined that the site is suitable for residential use or line 32 residential mixed uses.
line 33 (E)  Within a delineated earthquake fault zone as determined by line 34 the State Geologist in an y official maps published by the State line 35 Geologist, unless the development complies with applicable seismic line 36 protection b uilding code standards adopted by the California line 37 Building Standards Commission under the California Building line 38 Standards La w (P art 2.5 (commencing with Section 18901) of line 39 Division 13 of the Health and Safety Code), and by an y local 95 — 12 — SB 423

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line 1 building department under Chapter 12.2 (commencing with Section line 2 8875) of Division 1 of Title 2.
line 3 (F)  Within a special flood hazard area subject to inundation by line 4 the 1 percent annual chance flood (100-year flood) as determined line 5 by the Federal Emer gency Management Agency in an y official line 6 maps published by the Federal Emergency Management Agency. line 7 If a development proponent is able to satisfy all applicable federal line 8 qualifying criteria in order to pro vide that the site satisfies this line 9 subparagraph and is otherwise eligible for streamlined appro val line 10 under this section, a local government shall not deny the application line 11 on the basis that the development proponent did not comply with line 12 any additional permit requirement, standard, or action adopted by line 13 that local government that is applicable to that site. A development line 14 may be located on a site described in this subparagraph if either line 15 of the following are met:
line 16 (i)  The site has been subject to a Letter of Map Re vision line 17 prepared by the Federal Emer gency Management Agency and line 18 issued to the local jurisdiction.
line 19 (ii)  The site meets Federal Emer gency Management Agency line 20 requirements necessary to meet minimum flood plain management line 21 criteria of the National Flood Insurance Program pursuant to Part line 22 59 (commencing with Section 59.1) and P art 60 (commencing line 23 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 24 Code of Federal Regulations.
line 25 (G)  Within a regulatory floodway as determined by the Federal line 26 Emergency Management Agency in any official maps published line 27 by the Federal Emer gency Management Agency, unless the line 28 development has recei ved a no-rise certification in accordance line 29 with Section 60.3(d)(3) of Title 44 of the Code of Federal line 30 Regulations. If a de velopment proponent is able to satisfy all line 31 applicable federal qualifying criteria in order to pro vide that the line 32 site satisfies this subparagraph and is otherwise eligible for line 33 streamlined approval under this section, a local government shall line 34 not den y the application on the basis that the de velopment line 35 proponent did not comply with any additional permit requirement, line 36 standard, or action adopted by that local go vernment that is line 37 applicable to that site.
line 38 (H)  Lands identified for conserv ation in an adopted natural line 39 community conservation plan pursuant to the Natural Community line 40 Conservation Planning Act (Chapter 10 (commencing with Section 95 SB 423 — 13 —

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line 1 2800) of Di vision 3 of the Fish and Game Code), habitat line 2 conservation plan pursuant to the federal Endangered Species Act line 3 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural line 4 resource protection plan.
line 5 (I)  Habitat for protected species identified as candidate, line 6 sensitive, or species of special status by state or federal agencies, line 7 fully protected species, or species protected by the federal line 8 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 9 the California Endangered Species Act (Chapter 1.5 (commencing line 10 with Section 2050) of Division 3 of the Fish and Game Code), or line 11 the Native Plant Protection Act (Chapter 10 (commencing with line 12 Section 1900) of Division 2 of the Fish and Game Code). line 13 (J)  Lands under conservation easement.
line 14 (7)  The development is not located on a site where an y of the line 15 following apply:
line 16 (A)  The de velopment w ould require the demolition of the line 17 following types of housing:
line 18 (i)  Housing that is subject to a recorded co venant, ordinance, line 19 or la w that restricts rents to le vels af fordable to persons and line 20 families of moderate, low, or very low income.
line 21 (ii)  Housing that is subject to any form of rent or price control line 22 through a public entity’s valid exercise of its police power. line 23 (iii)  Housing that has been occupied by tenants within the past line 24 10 years.
line 25 (B)  The site was previously used for housing that was occupied line 26 by tenants that w as demolished within 10 years before the line 27 development proponent submits an application under this section. line 28 (C)  The development would require the demolition of a historic line 29 structure that w as placed on a national, state, or local historic line 30 register.
line 31 (D)  The property contains housing units that are occupied by line 32 tenants, and units at the property are, or were, subsequently offered line 33 for sale to the general public by the subdivider or subsequent owner line 34 of the property.
line 35 (8)  Except as pro vided in paragraph (9), a proponent of a line 36 development project approved by a local government pursuant to line 37 this section shall require in contracts with construction contractors, line 38 and shall certify to the local go vernment, that the follo wing line 39 standards specified in this paragraph will be met in project line 40 construction, as applicable:
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line 1 (A)  A development that is not in its entirety a public w ork for line 2 purposes of Chapter 1 (commencing with Section 1720) of Part 7 line 3 of Di vision 2 of the Labor Code and appro ved by a local line 4 government pursuant to Article 2 (commencing with Section line 5 65912.110) or Article 3 (commencing with Section 65912.120) line 6 shall be subject to all of the following:
line 7 (i)  All construction workers employed in the e xecution of the line 8 development shall be paid at least the general pre vailing rate of line 9 per diem w ages for the type of w ork and geographic area, as line 10 determined by the Director of Industrial Relations pursuant to line 11 Sections 1773 and 1773.9 of the Labor Code, e xcept that line 12 apprentices registered in programs appro ved by the Chief of the line 13 Division of Apprenticeship Standards may be paid at least the line 14 applicable apprentice prevailing rate.
line 15 (ii)  The development proponent shall ensure that the prevailing line 16 wage requirement is included in all contracts for the performance line 17 of the work for those portions of the de velopment that are not a line 18 public work.
line 19 (iii)  All contractors and subcontractors for those portions of the line 20 development that are not a public work shall comply with both of line 21 the following:
line 22 (I)  Pay to all construction w orkers employed in the e xecution line 23 of the work at least the general prevailing rate of per diem wages, line 24 except that apprentices re gistered in programs appro ved by the line 25 Chief of the Division of Apprenticeship Standards may be paid at line 26 least the applicable apprentice prevailing rate. line 27 (II)  Maintain and v erify payroll records pursuant to Section line 28 1776 of the Labor Code and mak e those records a vailable for line 29 inspection and copying as provided in that section. This subclause line 30 does not apply if all contractors and subcontractors performing line 31 work on the development are subject to a project labor agreement line 32 that requires the payment of pre vailing wages to all construction line 33 workers emplo yed in the e xecution of the de velopment and line 34 provides for enforcement of that obligation through an arbitration line 35 procedure. F or purposes of this subclause, “project labor line 36 agreement” has the same meaning as set forth in paragraph (1) of line 37 subdivision (b) of Section 2500 of the Public Contract Code. line 38 (B)  (i)  The obligation of the contractors and subcontractors to line 39 pay prevailing wages pursuant to this paragraph may be enforced line 40 by any of the following:
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line 1 (I)  The Labor Commissioner through the issuance of a ci vil line 2 wage and penalty assessment pursuant to Section 1741 of the Labor line 3 Code, which may be re viewed pursuant to Section 1742 of the line 4 Labor Code, within 18 months after the completion of the line 5 development.
line 6 (II)  An underpaid worker through an administrative complaint line 7 or civil action.
line 8 (III)  A joint labor-management committee through a civil action line 9 under Section 1771.2 of the Labor Code.
line 10 (ii)  If a civil wage and penalty assessment is issued pursuant to line 11 this paragraph, the contractor, subcontractor, and surety on a bond line 12 or bonds issued to secure the payment of w ages covered by the line 13 assessment shall be liable for liquidated damages pursuant to line 14 Section 1742.1 of the Labor Code.
line 15 (iii)  This paragraph does not apply if all contractors and line 16 subcontractors performing work on the de velopment are subject line 17 to a project labor agreement that requires the payment of prevailing line 18 wages to all construction w orkers employed in the e xecution of line 19 the development and provides for enforcement of that oblig ation line 20 through an arbitration procedure. F or purposes of this clause, line 21 “project labor agreement” has the same meaning as set forth in line 22 paragraph (1) of subdi vision (b) of Section 2500 of the Public line 23 Contract Code.
line 24 (C)  Notwithstanding subdivision (c) of Section 1773.1 of the line 25 Labor Code, the requirement that employer payments not reduce line 26 the obligation to pay the hourly straight time or o vertime wages line 27 found to be pre vailing does not apply to those portions of line 28 development that are not a public work if otherwise provided in a line 29 bona fide collective bargaining agreement covering the worker. line 30 (D)  The requirement of this paragraph to pay at least the general line 31 prevailing rate of per diem w ages does not preclude use of an line 32 alternative workweek schedule adopted pursuant to Section 511 line 33 or 514 of the Labor Code.
line 34 (E)  A development of 50 or more housing units approved by a line 35 local go vernment pursuant to this section shall meet all of the line 36 following labor standards:
line 37 (i)  The development proponent shall require in contracts with line 38 construction contractors and shall certify to the local government line 39 that each contractor of any tier who will employ construction craft line 40 employees or will let subcontracts for at least 1,000 hours shall 95 — 16 — SB 423

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line 1 satisfy the requirements in clauses (ii) and (iii). A construction line 2 contractor is deemed in compliance with clauses (ii) and (iii) if it line 3 is signatory to a valid collective bargaining agreement that requires line 4 utilization of re gistered apprentices and e xpenditures on health line 5 care for employees and dependents.
line 6 (ii)  A contractor with construction craft employees shall either line 7 participate in an apprenticeship program approved by the California line 8 Division of Apprenticeship Standards pursuant to Section 3075 of line 9 the Labor Code, or request the dispatch of apprentices from a line 10 state-approved apprenticeship program under the terms and line 11 conditions set forth in Section 1777.5 of the Labor Code. A line 12 contractor without construction craft emplo yees shall sho w a line 13 contractual oblig ation that its subcontractors comply with this line 14 clause.
line 15 (iii)  Each contractor with construction craft emplo yees shall line 16 make health care e xpenditures for each emplo yee in an amount line 17 per hour w orked on the de velopment equivalent to at least the line 18 hourly pro rata cost of a Co vered California Platinum le vel plan line 19 for two adults 40 years of age and tw o dependents 0 to 14 years line 20 of age for the Co vered California rating area in which the line 21 development is located. A contractor without construction craft line 22 employees shall sho w a contractual oblig ation that its line 23 subcontractors comply with this clause. Qualifying e xpenditures line 24 shall be credited toward compliance with prevailing wage payment line 25 requirements set forth in this paragraph.
line 26 (iv)  (I)  The development proponent shall pro vide to the local line 27 government, on a monthly basis while its construction contracts line 28 on the development are being performed, a report demonstrating line 29 compliance with clauses (ii) and (iii). The reports shall be line 30 considered public records under the California Public Records Act line 31 (Division 10 (commencing with Section 7920.000) of Title 1), and line 32 shall be open to public inspection.
line 33 (II)  A development proponent that fails to provide the monthly line 34 report shall be subject to a civil penalty for each month for which line 35 the report has not been pro vided, in the amount of 10 percent of line 36 the dollar value of construction work performed by that contractor line 37 on the development in the month in question, up to a maximum line 38 of ten thousand dollars ($10,000). Any contractor or subcontractor line 39 that fails to comply with clauses (ii) and (iii) shall be subject to a 95 SB 423 — 17 —

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line 1 civil penalty of two hundred dollars ($200) per day for each worker line 2 employed in contravention of clauses (ii) and (iii). line 3 (III)  Penalties may be assessed by the Labor Commissioner line 4 within 18 months of completion of the de velopment using the line 5 procedures for issuance of ci vil w age and penalty assessments line 6 specified in Section 1741 of the Labor Code, and may be reviewed line 7 pursuant to Section 1742 of the Labor Code. Penalties shall be line 8 deposited in the State Public Works Enforcement Fund established line 9 pursuant to Section 1771.3 of the Labor Code.
line 10 (v)  Each construction contractor shall maintain and v erify line 11 payroll records pursuant to Section 1776 of the Labor Code. Each line 12 construction contractor shall submit payroll records directly to the line 13 Labor Commissioner at least monthly in a format prescribed by line 14 the Labor Commissioner in accordance with subparagraph (A) of line 15 paragraph (3) of subdi vision (a) of Section 1771.4 of the Labor line 16 Code. The records shall include a statement of fringe benefits. line 17 Upon request by a joint labor-management cooperation committee line 18 established pursuant to the federal Labor Management Cooperation line 19 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be pro vided line 20 pursuant to subdivision (e) of Section 1776 of the Labor Code. line 21 (vi)  All construction contractors shall report an y change in line 22 apprenticeship program participation or health care e xpenditures line 23 to the local government within 10 business days, and shall reflect line 24 those changes on the monthly report. The reports shall be line 25 considered public records pursuant to the California Public Records line 26 Act (Division 10 (commencing with Section 7920.000) of Title 1) line 27 and shall be open to public inspection.
line 28 (vii)  A joint labor -management cooperation committee line 29 established pursuant to the Federal federal Labor Management line 30 Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing line 31 to sue a construction contractor for f ailure to mak e health care line 32 expenditures pursuant to clause (iii) in accordance with Section line 33 218.7 or 218.8 of the Labor Code.
line 34 (F)  For any project ha ving floors used for human occupanc y line 35 that are located more than 85 feet abo ve the grade plane, the line 36 following skilled and trained workforce provisions apply:
line 37 (i)  Except as provided in clause (ii), the de veloper shall enter line 38 into construction contracts with prime contractors only if all of the line 39 following are satisfied:
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line 1 (I)  The contract contains an enforceable commitment that the line 2 prime contractor and subcontractors at every tier will use a skilled line 3 and trained w orkforce, as defined in Section 2601 of the Public line 4 Contract Code, to perform work on the project that falls within an line 5 apprenticeable occupation in the building and construction trades. line 6 However, this enforceable commitment requirement shall not apply line 7 to any scopes of w ork where new bids are accepted pursuant to line 8 subclause (I) of clause (ii).
line 9 (II)  The developer or prime contractor shall establish minimum line 10 bidding requirements for subcontractors that are objecti ve to the line 11 maximum extent possible. The developer or prime contractor shall line 12 not impose any obstacles in the bid process for subcontractors that line 13 go beyond what is reasonable and commercially customary . The line 14 developer or prime contractor must accept bids submitted by any line 15 bidder that meets the minimum criteria set forth in the bid line 16 solicitation.
line 17 (III)  The prime contractor has pro vided an affida vit under line 18 penalty of perjury that, in compliance with this subparagraph, it line 19 will use a skilled and trained w orkforce and will obtain from its line 20 subcontractors an enforceable commitment to use a skilled and line 21 trained workforce for each scope of w ork in which it recei ves at line 22 least three bids attesting to satisf action of the skilled and trained line 23 workforce requirements.
line 24 (IV)  When a prime contractor or subcontractor is required to line 25 provide an enforceable commitment that a skilled and trained line 26 workforce will be used to complete a contract or project, the line 27 commitment shall be made in an enforceable agreement with the line 28 developer that provides the following:
line 29 (ia)  The prime contractor and subcontractors at e very tier will line 30 comply with this chapter.
line 31 (ib)  The prime contractor will pro vide the de veloper, on a line 32 monthly basis while the project or contract is being performed, a line 33 report demonstrating compliance by the prime contractor. line 34 (ic)  The prime contractor shall pro vide the de veloper, on a line 35 monthly basis while the project or contract is being performed, line 36 the monthly reports demonstrating compliance submitted to the line 37 prime contractor by the affected subcontractors. line 38 (ii)  (I)  If a prime contractor f ails to receive at least three bids line 39 in a scope of construction work from subcontractors that attest to line 40 satisfying the skilled and trained w orkforce requirements as 95 SB 423 — 19 —

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line 1 described in this subparagraph, the prime contractor may accept line 2 new bids for that scope of w ork. The prime contractor need not line 3 require that a skilled and trained w orkforce be used by the line 4 subcontractors for that scope of work.
line 5 (II)  The requirements of this subparagraph shall not apply if all line 6 contractors, subcontractors subcontr actors, and craft unions line 7 performing work on the de velopment are subject to a multicraft line 8 project labor agreement that requires the payment of pre vailing line 9 wages to all construction w orkers employed in the e xecution of line 10 the development and provides for enforcement of that oblig ation line 11 through an arbitration procedure. The multicraft project labor line 12 agreement shall include all construction crafts with applicable line 13 coverage determinations for the specified scopes of w ork on the line 14 project pursuant to Section 1773 of the Labor Code and shall be line 15 executed by all applicable labor or ganizations re gardless of line 16 affiliation. For purposes of this clause, “project labor agreement” line 17 means a prehire collective bargaining agreement that establishes line 18 terms and conditions of emplo yment for a specific construction line 19 project or projects and is an agreement described in Section 158(f) line 20 of Title 29 of the United States Code.
line 21 (III)  Requirements set forth in this subparagraph shall not apply line 22 to projects where 100 percent of the units, exclusive of a manager’s line 23 unit or units, are dedicated to lower income households, as defined line 24 by Section 50079.5 of the Health and Safety Code. line 25 (iii)  If the skilled and trained w orkforce requirements of this line 26 subparagraph apply , the prime contractor shall require line 27 subcontractors to provide, and subcontractors on the project shall line 28 provide, the following to the prime contractor:
line 29 (I)  An affidavit signed under penalty of perjury that a skilled line 30 and trained workforce shall be employed on the project. line 31 (II)  Reports on a monthly basis, while the project or contract is line 32 being performed, demonstrating compliance with this chapter. line 33 (iv)  Upon issuing an y in vitation or bid solicitation for the line 34 project, b ut no less than se ven days before the bid is due, the line 35 developer shall send a notice of the in vitation or solicitation that line 36 describes the project to the following entities within the jurisdiction line 37 of the proposed project site:
line 38 (I)  Any bona fide labor or ganization representing w orkers in line 39 the b uilding and construction trades who may perform w ork 95 — 20 — SB 423

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line 1 necessary to complete the project and the local b uilding and line 2 construction trades council.
line 3 (II)  Any organization representing contractors that may perform line 4 work necessary to complete the project, including any contractors’ line 5 association or regional builders’ exchange.
line 6 (v)  The de veloper or prime contractor shall, within three line 7 business days of a request by a joint labor-management cooperation line 8 committee established pursuant to the Federal feder al Labor line 9 Management Cooperation 8 Act of 1978 (29 U.S.C. Sec. 175a), line 10 provide all of the following:
line 11 (I)  The names and Contractors State License Board numbers of line 12 the prime contractor and an y subcontractors that submitted a line 13 proposal or bid for the development project.
line 14 (II)  The names and Contractors State License Board numbers line 15 of contractors and subcontractors that are under contract to perform line 16 construction work.
line 17 (vi)  (I)  For all projects subject to this subparagraph, the line 18 development proponent shall provide to the locality, on a monthly line 19 basis while the project or contract is being performed, a report line 20 demonstrating that the self-performing prime contractor and all line 21 subcontractors used a skilled and trained workforce, as defined in line 22 Section 2601 of the Public Contract Code, unless otherwise exempt line 23 under this subparagraph. A monthly report provided to the locality line 24 pursuant to this subclause shall be a public record under the line 25 California Public Records Act Di vision 10 (commencing with line 26 Section 7920.000) of Title 1 and shall be open to public inspection. line 27 A developer that fails to provide a complete monthly report shall line 28 be subject to a ci vil penalty of 10 percent of the dollar v alue of line 29 construction work performed by that contractor on the project in line 30 the month in question, up to a maximum of ten thousand dollars line 31 ($10,000) per month for each month for which the report has not line 32 been provided.
line 33 (II)  Any subcontractors or prime contractor self-performing line 34 work subject to the skilled and trained w orkforce requirements line 35 under this subparagraph that f ail to use a skilled and trained line 36 workforce shall be subject to a civil penalty of two hundred dollars line 37 ($200) per day for each worker employed in contravention of the line 38 skilled and trained w orkforce requirement. Penalties may be line 39 assessed by the Labor Commissioner within 18 months of line 40 completion of the project using the same issuance of ci vil wage 95 SB 423 — 21 —

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line 1 and penalty assessments pursuant to Section 1741 of the Labor line 2 Code and may be re viewed pursuant to the same procedures in line 3 Section 1742 of the Labor Code. Prime contractors shall not be line 4 jointly liable for violations of this subparagraph by subcontractors. line 5 Penalties shall be paid to the State Public Works Enforcement line 6 Fund or the locality or its labor standards enforcement agenc y, line 7 depending on the lead entity performing the enforcement work. line 8 (III)  Any pro vision of a contract or agreement of an y kind line 9 between a de veloper and a prime contractor that purports to line 10 delegate, transfer, or assign to a prime contractor any obligations line 11 of or penalties incurred by a de veloper shall be deemed contrary line 12 to public policy and shall be void and unenforceable. line 13 (G)  A locality, and any labor standards enforcement agency the line 14 locality la wfully maintains, shall ha ve standing to tak e line 15 administrative action or sue a construction contractor for f ailure line 16 to comply with this paragraph. A pre vailing locality or labor line 17 standards enforcement agenc y shall distrib ute an y w ages and line 18 penalties to workers in accordance with la w and retain an y fees, line 19 additional penalties, or assessments.
line 20 (9)  Notwithstanding paragraph (8), a development that is subject line 21 to approval pursuant to this section is exempt from any requirement line 22 to pay pre vailing w ages, use a w orkforce participating in an line 23 apprenticeship, or provide health care e xpenditures if it satisfies line 24 both of the following:
line 25 (A)  The project consists of 10 or fewer units. line 26 (B)  The project is not a public work for purposes of Chapter 1 line 27 (commencing with Section 1720) of P art 7 of Di vision 2 of the line 28 Labor Code.
line 29 (10)  The development shall not be upon an e xisting parcel of line 30 land or site that is governed under the Mobilehome Residency Law line 31 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 line 32 of Division 2 of the Ci vil Code), the Recreational Vehicle Park line 33 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 34 of Title 2 of P art 2 of Di vision 2 of the Ci vil Code), the line 35 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) line 36 of Division 13 of the Health and Safety Code), or the Special line 37 Occupancy Parks Act (Part 2.3 (commencing with Section 18860) line 38 of Division 13 of the Health and Safety Code).
line 39 (b)  (1)  (A)  (i)  Before submitting an application for a line 40 development subject to the streamlined, ministerial appro val 95 — 22 — SB 423

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line 1 process described in subdivision (c), the development proponent line 2 shall submit to the local government a notice of its intent to submit line 3 an application. The notice of intent shall be in the form of a line 4 preliminary application that includes all of the information line 5 described in Section 65941.1, as that section read on January 1, line 6 2020.
line 7 (ii)  Upon receipt of a notice of intent to submit an application line 8 described in clause (i), the local go vernment shall eng age in a line 9 scoping consultation re garding the proposed de velopment with line 10 any California Nati ve American tribe that is traditionally and line 11 culturally affiliated with the geographic area, as described in line 12 Section 21080.3.1 of the Public Resources Code, of the proposed line 13 development. In order to expedite compliance with this subdivision, line 14 the local government shall contact the Native American Heritage line 15 Commission for assistance in identifying an y California Nati ve line 16 American tribe that is traditionally and culturally affiliated with line 17 the geographic area of the proposed development. line 18 (iii)  The timeline for noticing and commencing a scoping line 19 consultation in accordance with this subdivision shall be as follows:
line 20 (I)  The local go vernment shall pro vide a formal notice of a line 21 development proponent’s notice of intent to submit an application line 22 described in clause (i) to each California Nati ve American tribe line 23 that is traditionally and culturally affiliated with the geographic line 24 area of the proposed development within 30 days of receiving that line 25 notice of intent. The formal notice pro vided pursuant to this line 26 subclause shall include all of the following:
line 27 (ia)  A description of the proposed development. line 28 (ib)  The location of the proposed development. line 29 (ic)  An in vitation to eng age in a scoping consultation in line 30 accordance with this subdivision.
line 31 (II)  Each California Native American tribe that receives a formal line 32 notice pursuant to this clause shall have 30 days from the receipt line 33 of that notice to accept the in vitation to eng age in a scoping line 34 consultation.
line 35 (III)  If the local go vernment receives a response accepting an line 36 invitation to eng age in a scoping consultation pursuant to this line 37 subdivision, the local go vernment shall commence the scoping line 38 consultation within 30 days of receiving that response. line 39 (B)  The scoping consultation shall recognize that California line 40 Native American tribes traditionally and culturally affiliated with 95 SB 423 — 23 —

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line 1 a geographic area ha ve knowledge and expertise concerning the line 2 resources at issue and shall tak e into account the cultural line 3 significance of the resource to the culturally affiliated California line 4 Native American tribe.
line 5 (C)  The parties to a scoping consultation conducted pursuant line 6 to this subdivision shall be the local government and any California line 7 Native American tribe traditionally and culturally affiliated with line 8 the geographic area of the proposed development. More than one line 9 California Nati ve American tribe traditionally and culturally line 10 affiliated with the geographic area of the proposed de velopment line 11 may participate in the scoping consultation. Ho wever, the local line 12 government, upon the request of any California Native American line 13 tribe traditionally and culturally affiliated with the geographic area line 14 of the proposed development, shall engage in a separate scoping line 15 consultation with that California Nati ve American tribe. The line 16 development proponent and its consultants may participate in a line 17 scoping consultation process conducted pursuant to this subdivision line 18 if all of the following conditions are met:
line 19 (i)  The de velopment proponent and its consultants agree to line 20 respect the principles set forth in this subdivision. line 21 (ii)  The development proponent and its consultants eng age in line 22 the scoping consultation in good faith.
line 23 (iii)  The California Native American tribe participating in the line 24 scoping consultation approves the participation of the development line 25 proponent and its consultants. The California Nati ve American line 26 tribe may rescind its appro val at an y time during the scoping line 27 consultation, either for the duration of the scoping consultation or line 28 with respect to an y particular meeting or discussion held as part line 29 of the scoping consultation.
line 30 (D)  The participants to a scoping consultation pursuant to this line 31 subdivision shall comply with all of the following confidentiality line 32 requirements:
line 33 (i)  Section 7927.000.
line 34 (ii)  Section 7927.005.
line 35 (iii)  Subdivision (c) of Section 21082.3 of the Public Resources line 36 Code.
line 37 (iv)  Subdivision (d) of Section 15120 of Title 14 of the line 38 California Code of Regulations.
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line 1 (v)  Any additional confidentiality standards adopted by the line 2 California Nati ve American tribe participating in the scoping line 3 consultation.
line 4 (E)  The California En vironmental Quality Act (Di vision 13 line 5 (commencing with Section 21000) of the Public Resources Code) line 6 shall not apply to a scoping consultation conducted pursuant to line 7 this subdivision.
line 8 (2)  (A)  If, after concluding the scoping consultation, the parties line 9 find that no potential tribal cultural resource would be affected by line 10 the proposed development, the development proponent may submit line 11 an application for the proposed development that is subject to the line 12 streamlined, ministerial approval process described in subdivision line 13 (c).
line 14 (B)  If, after concluding the scoping consultation, the parties line 15 find that a potential tribal cultural resource could be af fected by line 16 the proposed de velopment and an enforceable agreement is line 17 documented between the California Native American tribe and the line 18 local government on methods, measures, and conditions for tribal line 19 cultural resource treatment, the development proponent may submit line 20 the application for a de velopment subject to the streamlined, line 21 ministerial approval process described in subdivision (c). The local line 22 government shall ensure that the enforceable agreement is included line 23 in the requirements and conditions for the proposed development. line 24 (C)  If, after concluding the scoping consultation, the parties line 25 find that a potential tribal cultural resource could be af fected by line 26 the proposed de velopment and an enforceable agreement is not line 27 documented between the California Native American tribe and the line 28 local government regarding methods, measures, and conditions line 29 for tribal cultural resource treatment, the de velopment shall not line 30 be eligible for the streamlined, ministerial appro val process line 31 described in subdivision (c).
line 32 (D)  For purposes of this paragraph, a scoping consultation shall line 33 be deemed to be concluded if either of the following occur:
line 34 (i)  The parties to the scoping consultation document an line 35 enforceable agreement concerning methods, measures, and line 36 conditions to avoid or address potential impacts to tribal cultural line 37 resources that are or may be present.
line 38 (ii)  One or more parties to the scoping consultation, acting in line 39 good f aith and after reasonable ef fort, conclude that a mutual line 40 agreement on methods, measures, and conditions to a void or 95 SB 423 — 25 —

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line 1 address impacts to tribal cultural resources that are or may be line 2 present cannot be reached.
line 3 (E)  If the de velopment or en vironmental setting substantially line 4 changes after the completion of the scoping consultation, the local line 5 government shall notify the California Nati ve American tribe of line 6 the changes and eng age in a subsequent scoping consultation if line 7 requested by the California Native American tribe. line 8 (3)  A local go vernment may only accept an application for line 9 streamlined, ministerial approval pursuant to this section if one of line 10 the following applies:
line 11 (A)  A California Native American tribe that received a formal line 12 notice of the development proponent’s notice of intent to submit line 13 an application pursuant to subclause (I) of clause (iii) of line 14 subparagraph (A) of paragraph (1) did not accept the invitation to line 15 engage in a scoping consultation.
line 16 (B)  The California Native American tribe accepted an invitation line 17 to engage in a scoping consultation pursuant to subclause (II) of line 18 clause (iii) of subparagraph (A) of paragraph (1) but substantially line 19 failed to eng age in the scoping consultation after repeated line 20 documented attempts by the local go vernment to eng age the line 21 California Native American tribe.
line 22 (C)  The parties to a scoping consultation pursuant to this line 23 subdivision find that no potential tribal cultural resource will be line 24 affected by the proposed de velopment pursuant to subparagraph line 25 (A) of paragraph (2).
line 26 (D)  A scoping consultation between a California Nati ve line 27 American tribe and the local go vernment has occurred in line 28 accordance with this subdi vision and resulted in agreement line 29 pursuant to subparagraph (B) of paragraph (2).
line 30 (4)  A project shall not be eligible for the streamlined, ministerial line 31 process described in subdivision (c) if any of the following apply:
line 32 (A)  There is a tribal cultural resource that is on a national, state, line 33 tribal, or local historic register list located on the site of the project. line 34 (B)  There is a potential tribal cultural resource that could be line 35 affected by the proposed development and the parties to a scoping line 36 consultation conducted pursuant to this subdi vision do not line 37 document an enforceable agreement on methods, measures, and line 38 conditions for tribal cultural resource treatment, as described in line 39 subparagraph (C) of paragraph (2).
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line 1 (C)  The parties to a scoping consultation conducted pursuant line 2 to this subdi vision do not agree as to whether a potential tribal line 3 cultural resource will be affected by the proposed development. line 4 (5)  (A)  If, after a scoping consultation conducted pursuant to line 5 this subdi vision, a project is not eligible for the streamlined, line 6 ministerial process described in subdi vision (c) for an y or all of line 7 the following reasons, the local government shall provide written line 8 documentation of that f act, and an e xplanation of the reason for line 9 which the project is not eligible, to the de velopment proponent line 10 and to any California Native American tribe that is a party to that line 11 scoping consultation:
line 12 (i)  There is a tribal cultural resource that is on a national, state, line 13 tribal, or local historic register list located on the site of the project, line 14 as described in subparagraph (A) of paragraph (4). line 15 (ii)  The parties to the scoping consultation have not documented line 16 an enforceable agreement on methods, measures, and conditions line 17 for tribal cultural resource treatment, as described in subparagraph line 18 (C) of paragraph (2) and subparagraph (B) of paragraph (4). line 19 (iii)  The parties to the scoping consultation do not agree as to line 20 whether a potential tribal cultural resource will be affected by the line 21 proposed de velopment, as described in subparagraph (C) of line 22 paragraph (4).
line 23 (B)  The written documentation pro vided to a de velopment line 24 proponent pursuant to this paragraph shall include information on line 25 how the development proponent may seek a conditional use permit line 26 or other discretionary approval of the development from the local line 27 government.
line 28 (6)  This section is not intended, and shall not be construed, to line 29 limit consultation and discussion between a local government and line 30 a California Nati ve American tribe pursuant to other applicable line 31 law, confidentiality pro visions under other applicable la w, the line 32 protection of religious exercise to the fullest extent permitted under line 33 state and federal law, or the ability of a California Native American line 34 tribe to submit information to the local government or participate line 35 in any process of the local government.
line 36 (7)  For purposes of this subdivision:
line 37 (A)  “Consultation” means the meaningful and timely process line 38 of seeking, discussing, and considering carefully the vie ws of line 39 others, in a manner that is cognizant of all parties’ cultural values line 40 and, where feasible, seeking agreement. Consultation between 95 SB 423 — 27 —

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line 1 local governments and Native American tribes shall be conducted line 2 in a w ay that is mutually respectful of each party’ s sovereignty. line 3 Consultation shall also recognize the tribes’ potential needs for line 4 confidentiality with respect to places that ha ve traditional tribal line 5 cultural importance. A lead agenc y shall consult the tribal line 6 consultation best practices described in the “State of California line 7 Tribal Consultation Guidelines: Supplement to the General Plan line 8 Guidelines” prepared by the Office of Planning and Research. line 9 (B)  “Scoping” means the act of participating in early discussions line 10 or in vestigations between the local go vernment and California line 11 Native American tribe, and the de velopment proponent if line 12 authorized by the California Native American tribe, regarding the line 13 potential effects a proposed development could have on a potential line 14 tribal cultural resource, as defined in Section 21074 of the Public line 15 Resources Code, or California Native American tribe, as defined line 16 in Section 21073 of the Public Resources Code.
line 17 (8)  This subdivision shall not apply to any project that has been line 18 approved under the streamlined, ministerial appro val process line 19 provided under this section before the ef fective date of the act line 20 adding this subdivision.
line 21 (c)  (1)  Notwithstanding any local law, if a local government’s line 22 planning director or equi valent position determines that a line 23 development submitted pursuant to this section is consistent with line 24 the objective planning standards specified in subdi vision (a) and line 25 pursuant to paragraph (3) of this subdivision, the local government line 26 shall appro ve the de velopment. Upon a determination that a line 27 development submitted pursuant to this section is in conflict with line 28 any of the objecti ve planning standards specified in subdi vision line 29 (a), the local go vernment staf f or rele vant local planning and line 30 permitting department that made the determination shall pro vide line 31 the de velopment proponent written documentation of which line 32 standard or standards the de velopment conflicts with, and an line 33 explanation for the reason or reasons the de velopment conflicts line 34 with that standard or standards, as follows:
line 35 (A)  Within 60 days of submittal of the development to the local line 36 government pursuant to this section if the de velopment contains line 37 150 or fewer housing units.
line 38 (B)  Within 90 days of submittal of the development to the local line 39 government pursuant to this section if the de velopment contains line 40 more than 150 housing units.
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line 1 (2)  If the local go vernment’s planning director or equi valent line 2 position fails to provide the required documentation pursuant to line 3 paragraph (1), the de velopment shall be deemed to satisfy the line 4 objective planning standards specified in subdivision (a). line 5 (3)  For purposes of this section, a de velopment is consistent line 6 with the objective planning standards specified in subdivision (a) line 7 if there is substantial evidence that would allow a reasonable person line 8 to conclude that the development is consistent with the objective line 9 planning standards. The local government shall not determine that line 10 a development, including an application for a modification under line 11 subdivision (h), is in conflict with the objective planning standards line 12 on the basis that application materials are not included, if the line 13 application contains substantial e vidence that w ould allo w a line 14 reasonable person to conclude that the development is consistent line 15 with the objective planning standards.
line 16 (4)  Upon submittal of an application for streamlined, ministerial line 17 approval pursuant to this section to the local go vernment, all line 18 departments of the local government that are required to issue an line 19 approval of the development prior to the granting of an entitlement line 20 shall comply with the requirements of this section within the time line 21 periods specified in paragraph (1).
line 22 (d)  (1)  Any design review of the development may be conducted line 23 by the local government’s planning commission or any equivalent line 24 board or commission responsible for design re view. That design line 25 review shall be objecti ve and be strictly focused on assessing line 26 compliance with criteria required for streamlined projects, as well line 27 as any reasonable objective design standards published and adopted line 28 by ordinance or resolution by a local jurisdiction before submission line 29 of a development application, and shall be broadly applicable to line 30 development within the jurisdiction. That design review shall be line 31 completed, and if the development is consistent with all objective line 32 standards, the local government shall approve the development as line 33 follows and shall not in an y way inhibit, chill, or preclude the line 34 ministerial appro val pro vided by this section or its ef fect, as line 35 applicable:
line 36 (A)  Within 90 days of submittal of the development to the local line 37 government pursuant to this section if the de velopment contains line 38 150 or fewer housing units.
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line 1 (B)  Within 180 days of submittal of the de velopment to the line 2 local go vernment pursuant to this section if the de velopment line 3 contains more than 150 housing units.
line 4 (2)  If the de velopment is consistent with the requirements of line 5 subparagraph (A) or (B) of paragraph (9) of subdi vision (a) and line 6 is consistent with all objecti ve subdivision standards in the local line 7 subdivision ordinance, an application for a subdi vision pursuant line 8 to the Subdivision Map Act (Division 2 (commencing with Section line 9 66410)) shall be exempt from the requirements of the California line 10 Environmental Quality Act (Division 13 (commencing with Section line 11 21000) of the Public Resources Code) and shall be subject to the line 12 public oversight timelines set forth in paragraph (1). line 13 (3)  If a local go vernment determines that a de velopment line 14 submitted pursuant to this section is in conflict with an y of the line 15 standards imposed pursuant to paragraph (1), it shall pro vide the line 16 development proponent written documentation of which objective line 17 standard or standards the de velopment conflicts with, and an line 18 explanation for the reason or reasons the de velopment conflicts line 19 with that objecti ve standard or standards consistent with the line 20 timelines described in paragraph (1) of subdivision (c). line 21 (e)  (1)  Notwithstanding an y other la w, a local go vernment, line 22 whether or not it has adopted an ordinance governing automobile line 23 parking requirements in multif amily de velopments, shall not line 24 impose automobile parking standards for a streamlined line 25 development that was approved pursuant to this section in any of line 26 the following instances:
line 27 (A)  The development is located within one-half mile of public line 28 transit.
line 29 (B)  The development is located within an architecturally and line 30 historically significant historic district.
line 31 (C)  When on-street parking permits are required but not offered line 32 to the occupants of the development.
line 33 (D)  When there is a car share vehicle located within one block line 34 of the development.
line 35 (2)  If the development does not fall within any of the categories line 36 described in paragraph (1), the local government shall not impose line 37 automobile parking requirements for streamlined de velopments line 38 approved pursuant to this section that e xceed one parking space line 39 per unit.
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line 1 (f)  Notwithstanding an y la w, a local go vernment shall not line 2 require any of the following prior to approving a development that line 3 meets the requirements of this section:
line 4 (1)  Studies, information, or other materials that do not pertain line 5 directly to determining whether the development is consistent with line 6 the objective planning standards applicable to the development. line 7 (2)  (A)  Compliance with any standards necessary to receive a line 8 postentitlement permit.
line 9 (B)  This paragraph does not prohibit a local agenc y from line 10 requiring compliance with an y standards necessary to recei ve a line 11 postentitlement permit after a permit has been issued pursuant to line 12 this section.
line 13 (C)  For purposes of this paragraph, “postentitlement permit” line 14 has the same meaning as pro vided in subparagraph (A) of line 15 paragraph (3) of subdivision (j) of Section 65913.3. line 16 (g)  (1)  If a local government approves a development pursuant line 17 to this section, then, notwithstanding any other law, that approval line 18 shall not e xpire if the project satisfies both of the follo wing line 19 requirements:
line 20 (A)  The project includes public in vestment in housing line 21 affordability, beyond tax credits.
line 22 (B)  At least 50 percent of the units are affordable to households line 23 making at or below 80 percent of the area median income. line 24 (2)  (A)  If a local government approves a development pursuant line 25 to this section, and the project does not satisfy the requirements line 26 of subparagraphs (A) and (B) of paragraph (1), that approval shall line 27 remain v alid for three years from the date of the final action line 28 establishing that approval, or if litigation is filed challenging that line 29 approval, from the date of the final judgment upholding that line 30 approval. Approval shall remain v alid for a project pro vided line 31 construction activity, including demolition and grading acti vity, line 32 on the development site has begun pursuant to a permit issued by line 33 the local jurisdiction and is in progress. F or purposes of this line 34 subdivision, “in progress” means one of the following:
line 35 (i)  The construction has begun and has not ceased for more than line 36 180 days.
line 37 (ii)  If the de velopment requires multiple b uilding permits, an line 38 initial phase has been completed, and the project proponent has line 39 applied for and is diligently pursuing a b uilding permit for a 95 SB 423 — 31 —

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line 1 subsequent phase, pro vided that once it has been issued, the line 2 building permit for the subsequent phase does not lapse. line 3 (B)  Notwithstanding subparagraph (A), a local government may line 4 grant a project a one-time, one-year e xtension if the project line 5 proponent can pro vide documentation that there has been line 6 significant progress toward getting the development construction line 7 ready, such as filing a building permit application. line 8 (3)  If the de velopment proponent requests a modification line 9 pursuant to subdivision (h), then the time during which the approval line 10 shall remain v alid shall be e xtended for the number of days line 11 between the submittal of a modification request and the date of its line 12 final approval, plus an additional 180 days to allow time to obtain line 13 a building permit. If litigation is filed relating to the modification line 14 request, the time shall be further extended during the pendency of line 15 the litigation. The extension required by this paragraph shall only line 16 apply to the first request for a modification submitted by the line 17 development proponent.
line 18 (4)  The amendments made to this subdi vision by the act that line 19 added this paragraph shall also be retroacti vely applied to line 20 developments approved prior to January 1, 2022. line 21 (h)  (1)  (A)  A de velopment proponent may request a line 22 modification to a development that has been appro ved under the line 23 streamlined, ministerial approval process provided in subdivision line 24 (c) if that request is submitted to the local government before the line 25 issuance of the final building permit required for construction of line 26 the development.
line 27 (B)  Except as provided in paragraph (3), the local government line 28 shall approve a modification if it determines that the modification line 29 is consistent with the objecti ve planning standards specified in line 30 subdivision (a) that were in effect when the original development line 31 application was first submitted.
line 32 (C)  The local go vernment shall e valuate an y modifications line 33 requested pursuant to this subdi vision for consistenc y with the line 34 objective planning standards using the same assumptions and line 35 analytical methodology that the local government originally used line 36 to assess consistency for the de velopment that was approved for line 37 streamlined, ministerial approval pursuant to subdivision (c). line 38 (D)  A guideline that was adopted or amended by the department line 39 pursuant to subdi vision (n) after a de velopment w as appro ved line 40 through the streamlined, ministerial approval process described in 95 — 32 — SB 423

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line 1 subdivision (c) shall not be used as a basis to den y proposed line 2 modifications.
line 3 (2)  Upon receipt of the de velopment proponent’s application line 4 requesting a modification, the local go vernment shall determine line 5 if the requested modification is consistent with the objecti ve line 6 planning standard and either appro ve or den y the modification line 7 request within 60 days after submission of the modification, or line 8 within 90 days if design review is required.
line 9 (3)  Notwithstanding paragraph (1), the local go vernment may line 10 apply objective planning standards adopted after the development line 11 application was first submitted to the requested modification in line 12 any of the following instances:
line 13 (A)  The development is revised such that the total number of line 14 residential units or total square footage of construction changes line 15 by 15 percent or more. The calculation of the square footage of line 16 construction changes shall not include underground space. line 17 (B)  The development is revised such that the total number of line 18 residential units or total square footage of construction changes line 19 by 5 percent or more and it is necessary to subject the development line 20 to an objecti ve standard be yond those in ef fect when the line 21 development application w as submitted in order to mitig ate or line 22 avoid a specific, adv erse impact, as that term is defined in line 23 subparagraph (A) of paragraph (1) of subdi vision (j) of Section line 24 65589.5, upon the public health or safety and there is no feasible line 25 alternative method to satisfactorily mitigate or avoid the adverse line 26 impact. The calculation of the square footage of construction line 27 changes shall not include underground space.
line 28 (C)  (i)  Objective building standards contained in the California line 29 Building Standards Code (T itle 24 of the California Code of line 30 Regulations), including, b ut not limited to, b uilding plumbing, line 31 electrical, fire, and grading codes, may be applied to all line 32 modification applications that are submitted prior to the first line 33 building permit application. Those standards may be applied to line 34 modification applications submitted after the first building permit line 35 application if agreed to by the development proponent. line 36 (ii)  The amendments made to clause (i) by the act that added line 37 clause (i) shall also be retroacti vely applied to modification line 38 applications submitted prior to January 1, 2022. line 39 (4)  The local go vernment’s review of a modification request line 40 pursuant to this subdivision shall be strictly limited to determining 95 SB 423 — 33 —

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line 1 whether the modification, including any modification to previously line 2 approved density bonus concessions or w aivers, modify the line 3 development’s consistency with the objective planning standards line 4 and shall not reconsider prior determinations that are not affected line 5 by the modification.
line 6 (i) (1) A local go vernment shall not adopt or impose an y line 7 requirement, including, b ut not limited to, increased fees or line 8 inclusionary housing requirements, that applies to a project solely line 9 or partially on the basis that the project is eligible to recei ve line 10 ministerial or streamlined approval pursuant to this section. line 11 (2) (A) A local go vernment shall issue a subsequent permit line 12 required for a de velopment appro ved under this section if the line 13 application substantially complies with the development as it was line 14 approved pursuant to subdi vision (c). Upon receipt of an line 15 application for a subsequent permit, the local go vernment shall line 16 process the permit without unreasonable delay and shall not impose line 17 any procedure or requirement that is not imposed on projects that line 18 are not approved pursuant to this section. The local government line 19 shall consider the application for subsequent permits based upon line 20 the objective standards specified in an y state or local la ws that line 21 were in ef fect when the original de velopment application w as line 22 submitted, unless the development proponent agrees to a change line 23 in objecti ve standards. Issuance of subsequent permits shall line 24 implement the appro ved development, and re view of the permit line 25 application shall not inhibit, chill, or preclude the de velopment. line 26 For purposes of this paragraph, a “subsequent permit” means a line 27 permit required subsequent to receiving approval under subdivision line 28 (c), and includes, b ut is not limited to, demolition, grading, line 29 encroachment, and building permits and final maps, if necessary. line 30 (B) The amendments made to subparagraph (A) by the act that line 31 added this subparagraph shall also be retroacti vely applied to line 32 subsequent permit applications submitted prior to January 1, 2022. line 33 (3) (A) If a public impro vement is necessary to implement a line 34 development that is subject to the streamlined, ministerial approval line 35 pursuant to this section, including, b ut not limited to, a bic ycle line 36 lane, sidewalk or w alkway, public transit stop, dri veway, street line 37 paving or overlay, a curb or gutter, a modified intersection, a street line 38 sign or street light, landscape or hardscape, an abo ve-ground or line 39 underground utility connection, a w ater line, fire h ydrant, storm line 40 or sanitary sewer connection, retaining wall, and any related work, 95 — 34 — SB 423

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line 1 and that public improvement is located on land owned by the local line 2 government, to the e xtent that the public impro vement requires line 3 approval from the local go vernment, the local go vernment shall line 4 not exercise its discretion over any approval relating to the public line 5 improvement in a manner that would inhibit, chill, or preclude the line 6 development.
line 7 (B)  If an application for a public impro vement described in line 8 subparagraph (A) is submitted to a local go vernment, the local line 9 government shall do all of the following:
line 10 (i)  Consider the application based upon any objective standards line 11 specified in an y state or local la ws that were in ef fect when the line 12 original development application was submitted. line 13 (ii)  Conduct its review and approval in the same manner as it line 14 would evaluate the public impro vement if required by a project line 15 that is not eligible to recei ve ministerial or streamlined appro val line 16 pursuant to this section.
line 17 (C)  If an application for a public impro vement described in line 18 subparagraph (A) is submitted to a local go vernment, the local line 19 government shall not do either of the following:
line 20 (i)  Adopt or impose an y requirement that applies to a project line 21 solely or partially on the basis that the project is eligible to receive line 22 ministerial or streamlined approval pursuant to this section. line 23 (ii)  Unreasonably delay in its consideration, review, or approval line 24 of the application.
line 25 (j)  (1)  This section shall not affect a development proponent’s line 26 ability to use any alternative streamlined by right permit processing line 27 adopted by a local go vernment, including the pro visions of line 28 subdivision (i) of Section 65583.2.
line 29 (2)  This section shall not pre vent a de velopment from also line 30 qualifying as a housing de velopment project entitled to the line 31 protections of Section 65589.5. This paragraph does not constitute line 32 a change in, but is declaratory of, existing law. line 33 (k)  The California En vironmental Quality Act (Di vision 13 line 34 (commencing with Section 21000) of the Public Resources Code) line 35 does not apply to actions taken by a state agency, local government, line 36 or the San Francisco Bay Area Rapid Transit District to:
line 37 (1)  Lease, con vey, or encumber land o wned by the local line 38 government or the San Francisco Bay Area Rapid Transit District line 39 or to f acilitate the lease, con veyance, or encumbrance of land line 40 owned by the local government, or for the lease of land owned by 95 SB 423 — 35 —

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line 1 the San Francisco Bay Area Rapid Transit District in association line 2 with an eligible TOD project, as defined pursuant to Section line 3 29010.1 of the Public Utilities Code, nor to an y decisions line 4 associated with that lease, or to pro vide financial assistance to a line 5 development that recei ves streamlined appro val pursuant to this line 6 section that is to be used for housing for persons and f amilies of line 7 very low, low, or moderate income, as defined in Section 50093 line 8 of the Health and Safety Code.
line 9 (2)  Approve improvements located on land owned by the local line 10 government or the San Francisco Bay Area Rapid Transit District line 11 that are necessary to implement a de velopment that recei ves line 12 streamlined approval pursuant to this section that is to be used for line 13 housing for persons and f amilies of v ery low, low, or moderate line 14 income, as defined in Section 50093 of the Health and Safety Code. line 15 (l)  For purposes of establishing the total number of units in a line 16 development under this chapter , a de velopment or de velopment line 17 project includes both of the following:
line 18 (1)  All projects developed on a site, re gardless of when those line 19 developments occur.
line 20 (2)  All projects developed on sites adjacent to a site developed line 21 pursuant to this chapter if, after January 1, 2023, the adjacent site line 22 had been subdi vided from the site de veloped pursuant to this line 23 chapter.
line 24 (m)  For purposes of this section, the follo wing terms have the line 25 following meanings:
line 26 (1)  “Affordable housing cost” has the same meaning as set forth line 27 in Section 50052.5 of the Health and Safety Code. line 28 (2)  (A)  Subject to the qualification provided by subparagraphs line 29 (B) and (C), “affordable rent” has the same meaning as set forth line 30 in Section 50053 of the Health and Safety Code. line 31 (B)  For a development for which an application pursuant to this line 32 section was submitted prior to January 1, 2019, that includes 500 line 33 units or more of housing, and that dedicates 50 percent of the total line 34 number of units, before calculating any density bonus, to housing line 35 affordable to households making at, or belo w, 80 percent of the line 36 area median income, affordable rent for at least 30 percent of these line 37 units shall be set at an affordable rent as defined in subparagraph line 38 (A) and “af fordable rent” for the remainder of these units shall line 39 mean a rent that is consistent with the maximum rent levels for a line 40 housing development that receives an allocation of state or federal 95 — 36 — SB 423

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line 1 low-income housing tax credits from the California Tax Credit line 2 Allocation Committee.
line 3 (C)  For a de velopment that dedicates 100 percent of units, line 4 exclusive of a manager’s unit or units, to lower income households, line 5 “affordable rent” shall mean a rent that is consistent with the line 6 maximum rent levels stipulated by the public program pro viding line 7 financing for the development.
line 8 (3)  “Department” means the Department of Housing and line 9 Community Development.
line 10 (4)  “Development proponent” means the developer who submits line 11 a housing development project application to a local government line 12 under the streamlined, ministerial review process pursuant to this line 13 section.
line 14 (5)  “Completed entitlements” means a housing de velopment line 15 that has received all the required land use approvals or entitlements line 16 necessary for the issuance of a building permit. line 17 (6)  “Health care e xpenditures” include contrib utions under line 18 Section 401(a), 501(c), or 501(d) of the Internal Re venue Code line 19 and payments to ward “medical care, ” as defined in Section line 20 213(d)(1) of the Internal Revenue Code.
line 21 (7)  “Housing development project” has the same meaning as in line 22 Section 65589.5.
line 23 (8)  “Locality” or “local government” means a city, including a line 24 charter city, a county , including a charter county , or a city and line 25 county, including a charter city and county.
line 26 (9)  “Moderate-income housing units” means housing units with line 27 an af fordable housing cost or af fordable rent for persons and line 28 families of moderate income, as that term is defined in Section line 29 50093 of the Health and Safety Code.
line 30 (10)  “Production report” means the information reported line 31 pursuant to subparagraph (H) of paragraph (2) of subdi vision (a) line 32 of Section 65400.
line 33 (11)  “State agenc y” includes e very state office, officer , line 34 department, division, bureau, board, and commission, but does not line 35 include the California State Uni versity or the Uni versity of line 36 California.
line 37 (12)  “Reporting period” means either of the following:
line 38 (A)  The first half of the re gional housing needs assessment line 39 cycle.
line 40 (B)  The last half of the regional housing needs assessment cycle. 95 SB 423 — 37 —

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line 1 (13)  “Urban uses” means an y current or former residential, line 2 commercial, public institutional, transit or transportation passenger line 3 facility, or retail use, or any combination of those uses. line 4 (n)  The department may re view, adopt, amend, and repeal line 5 guidelines to implement uniform standards or criteria that line 6 supplement or clarify the terms, references, or standards set forth line 7 in this section. Any guidelines or terms adopted pursuant to this line 8 subdivision shall not be subject to Chapter 3.5 (commencing with line 9 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 10 Code.
line 11 (o)  The determination of whether an application for a line 12 development is subject to the streamlined ministerial appro val line 13 process provided by subdivision (c) is not a “project” as defined line 14 in Section 21065 of the Public Resources Code.
line 15 (p)  Notwithstanding any law, for purposes of this section and line 16 for de velopment in compliance with the requirements of this line 17 section on property owned by or leased to the state, the Department line 18 of General Services may act in the place of a locality or local line 19 government, at the discretion of the department. line 20 (q)  (1)  For de velopments proposed in a census tract that is line 21 designated either as a moderate resource area, low resource area, line 22 or an area of high se gregation and po verty on the most recent line 23 “CTAC/HCD Opportunity Map” published by the California Tax line 24 Credit Allocation Committee and the Department of Housing and line 25 Community Development, within 45 days after receiving a notice line 26 of intent, as described in subdi vision (b), and before the line 27 development proponent submits an application for the proposed line 28 development that is subject to the streamlined, ministerial approval line 29 process described in subdi vision (c), the local go vernment shall line 30 provide for a public meeting to be held by the city council or line 31 county board of supervisors to provide an opportunity for the public line 32 and the local government to comment on the development. line 33 (2)  The public meeting shall be held at a re gular meeting and line 34 be subject to the Ralph M. Bro wn Act (Chapter 9 (commencing line 35 with Section 54950) of Part 1 of Division 2 of Title 5). line 36 (3)  Comments may be provided by testimony during the meeting line 37 or in writing at any time before the meeting concludes. line 38 (4)  The development proponent shall attest in writing that it line 39 attended the meeting described in paragraph (1) and reviewed the line 40 public testimony and written comments from the meeting in its 95 — 38 — SB 423

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line 1 application for the proposed de velopment that is subject to the line 2 streamlined, ministerial approval process described in subdivision line 3 (c).
line 4 (5)  If the local government fails to hold the hearing described line 5 in paragraph (1) within 45 days after receiving the notice of intent, line 6 the development proponent shall hold a public meeting on the line 7 proposed development before submitting an application pursuant line 8 to this section.
line 9 (r)  (1)  This section shall not apply to applications for line 10 developments proposed on qualified sites that are submitted on or line 11 after January 1, 2024, but before July 1, 2025. line 12 (2)  For purposes of this subdi vision, “qualified site” means a line 13 site that meets the following requirements:
line 14 (A)  The site is located within an equine or equestrian district line 15 designated by a general plan or specific or master plan, which may line 16 include a specific narrati ve reference to a geographically line 17 determined area or map of the same. P arcels adjoined and only line 18 separated by a street or highway shall be considered to be within line 19 an equestrian district.
line 20 (B)  As of January 1, 2024, the general plan applicable to the line 21 site contains, and has contained for five or more years, an equine line 22 or equestrian district designation where the site is located. line 23 (C)  As of January 1, 2024, the equine or equestrian district line 24 applicable to the site is not zoned to include residential uses, b ut line 25 authorizes residential uses with a conditional use permit. line 26 (D)  The applicable local go vernment has an adopted housing line 27 element that is compliant with applicable law.
line 28 (3)  The Legislature finds and declares that the purpose of this line 29 subdivision is to allow local governments to conduct general plan line 30 updates to align their general plan with applicable zoning changes. line 31 (s)  The pro visions of clause (iii) of subparagraph (E) of line 32 paragraph (8) of subdivision (a) relating to health care expenditures line 33 are distinct and se verable from the remaining pro visions of this line 34 section. Ho wever, the remaining portions of paragraph (8) of line 35 subdivision (a) are a material and integral part of this section and line 36 are not severable. If any provision or application of paragraph (8) line 37 of subdivision (a) is held invalid, this entire section shall be null line 38 and void.
line 39 (t)  It is the policy of the state that this section be interpreted and line 40 implemented in a manner to af ford the fullest possible weight to 95 SB 423 — 39 —

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line 1 the interest of, and the approval and provision of, increased housing line 2 supply.
line 3 (u) This section shall remain in effect only until January 1, 2036, line 4 and as of that date is repealed.
line 5 SEC. 3. The Legislature finds and declares that ensuring access line 6 to affordable housing is a matter of state wide concern and is not line 7 a municipal affair as that term is used in Section 5 of Article XI line 8 of the California Constitution. Therefore, Section 2 of this act line 9 amending Section 65913.4 of the Government Code applies to all line 10 cities, including charter cities.
line 11 SEC. 4. No reimbursement is required by this act pursuant to line 12 Section 6 of Article XIIIB of the California Constitution because line 13 a local agency or school district has the authority to le vy service line 14 charges, fees, or assessments sufficient to pay for the program or line 15 level of service mandated by this act or because costs that may be line 16 incurred by a local agenc y or school district will be incurred line 17 because this act creates a ne w crime or infraction, eliminates a line 18 crime or infraction, or changes the penalty for a crime or infraction, line 19 within the meaning of Section 17556 of the Government Code, or line 20 changes the definition of a crime within the meaning of Section 6 line 21 of Article XIII B of the California Constitution.

O
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AMENDED IN SENATE JULY 13, 2023
AMENDED IN ASSEMBLY MAY 1, 2023
AMENDED IN ASSEMBLY APRIL 3, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 309
Introduced by Assembly Members Lee, Wendy Carrillo, and Kalra (Coauthors: Assembly Members Bennett, Haney, Jackson, McCarty, Ting, Ward, and Rendon)
(Coauthors: Senators Allen, Menjivar, and Wiener)
January 26, 2023
An act to add Title 6.91 (commencing with Section 64900) to the Government Code, relating to housing.
legislative counsel’s digest
AB 309, as amended, Lee. The Social Housing Act.

Existing law establishes the Department of General Services to provide centralized services, including, but not limited to, planning, acquisition, construction and maintenance of state buildings and property. Existing law authorizes the Director of General Services, with the consent of the state agency concerned, to lease state-owned real property when the Director of General Services deems that leasing serves a beneficial public purpose limited to the development of housing.

This bill would enact the Social Housing Act and would create, in the Department of General Services, the Social Housing Program, the mission of which would be to ensure that social housing developments are produced on leased state property to help address the housing crisis, as specified. The bill would authorize the program to identify and develop up to 3 social housing projects, as specified, with the intent to 96 ATTACHMENT 2 171
AGENDA ITEM NO. 23.
use the r esults to inform public policy r elated to de veloping an independent public entity to develop statewide social housing. The bill would require the pr ogram to solicit bids to de velop social housing units, and prioritize bids that demonstrate long-term revenue neutrality or a cost rent model, as those terms are defined. The bill would require the program to employ 2 different leasing models, the rental model and the ownership model, as specified, in creating social housing. The bill would pr ohibit a city or county fr om denying a social housing development authorized under the pr ogram. The bill would authorize a city or county to pr opose objective design r eview standar ds, as specified, and authorize a city or county to pr opose modifications to mitigate any specific, adver se impacts on public health or safety , as specified.

Existing law establishes the Department of Housing and Community Development and sets forth its powers and duties. Existing law creates a housing authority in each county or city , which functions upon the adoption of a specified resolution by the rele vant go verning body .

Existing la w authorizes these housing authorities, within their jurisdictions, to construct, reconstruct, impro ve, alter, or repair all or part of any housing project. Existing law establishes various programs that provide housing assistance.

This bill would enact the Social Housing Act and would create the California Housing Authority, as an independent state body, the mission of which would be to ensure that social housing developments that are produced and acquired align with the goals of eliminating the g ap between housing production and re gional housing needs assessment targets and preserving af fordable housing. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed or authorized by the authority would be owned by the authority.

This bill would prescribe the composition of the California Housing Authority Board, which w ould go vern the authority , and w ould be composed of appointed members and members who would be elected by residents of social housing de velopments, as specified. The bill would set forth the po wers and duties of the authority and the board.

The bill w ould require the authority to seek to achie ve re venue neutrality, as defined, and w ould require the authority to seek to recuperate the cost of de velopment and operations o ver the life of its 96 — 2 — AB 309

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properties through mechanisms that maximize the number of Californians who can be housed without experiencing rent burden.

This bill would require the authority to prioritize the development of specified property, including v acant parcels and parcels near transit, and would establish a process for the annual determination of required social housing units. Under the bill, social housing would accommodate a mix of household income ranges and w ould pro vide specified protections for residents, who w ould participate in the operation and management of the units in which they reside.

This bill would require the California Housing Authority to employ 2 leasing models in social housing de velopments, referred to as the rental model and the o wnership model, and w ould set forth the characteristics of both models. Under the ownership model, the authority would e xtend a 99-year lease, in the form of a limited equity arrangement, as defined, to indi viduals who commit to a minimum 5-year term of residence, and would authorize the authority to act as a lender for residents. The bill would specify how the units may be sold and transferred. The bill w ould establish eligibility requirements for social housing residents and pro vide for the selection of residents by lottery, as specified, providing that people who may have been displaced from a property as part of its development would be granted a preference for occupancy. The bill, among other things, would require the authority to accept a local jurisdiction’s preference for a project parcel if specified conditions are met.

This bill would establish the Social Housing Revolving Loan Fund within the State Treasury to pro vide, upon appropriation by the Legislature, zero-interest loans for the purposes of constructing housing to accommodate a mix of household incomes. The bill would declare the intent of the Legislature to enact subsequent legislation to provide financing for the acti vities of the authority through the issuance of general obligation bonds. The bill would authorize the authority to issue revenue bonds, as specified. The bill would require the board to provide for regular audits of the authority’s accounts and records, as specified.

The bill would also require the authority to prepare and submit specified reporting information re garding its b usiness plan and progress to the Legislature on an annual basis.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
96 AB 309 — 3 —

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The people of the State of California do enact as follows:
line 1 SECTION 1. The Le gislature finds and declares all of the line 2 following:
line 3 (a)  The housing crisis has reached unprecedented and line 4 unacceptable proportions in the State of California, where more line 5 than two in five households spend greater than 30 percent of their line 6 income on housing and more than one in fiv e households spend line 7 greater than 50 percent of their income on housing. line 8 (b)  The United States Department of Housing and Urban line 9 Development defines cost-b urdened f amilies as those who pay line 10 more than 30 percent of their income for housing and may ha ve line 11 difficulty af fording necessities such as food, clothing, line 12 transportation, and medical care. Severe rent burden is defined as line 13 paying more than 50 percent of one’s income on rent. line 14 (c)  Housing b urden creates se vere financial, ph ysical, and line 15 emotional impacts on households.
line 16 (d)  The affordable housing crisis has imposed a significant toll line 17 on the California economy , as o verpriced rents depress the line 18 California gross domestic product by approximately 2 percent and line 19 more than 600,000 people lea ve the state annually in search of line 20 lower rent.
line 21 (e)  Current efforts, while laudable, have proven insufficient in line 22 resolving the state’s affordable housing crisis, since 97 percent of line 23 cities and counties have been unable to meet the regional housing line 24 needs assessment tar gets for v ery low income, low-income, and line 25 moderate-income housing.
line 26 (f)  With such a great f ailure to meet the housing needs of line 27 California residents, the state has a duty to act and help localities line 28 fill the g ap, localities by financing publicly o wned, af fordable line 29 housing built sustainably, based on the widely successful Vienna line 30 and Sing apore models and man y other successful models of line 31 mixed-income rental and ownership housing.
line 32 (g)  It is the intent of the Legislature to establish the California line 33 Housing Authority, an independent public entity, Social Housing line 34 Program to of fer the necessary social housing to help eliminate line 35 the gaps between increase housing production and acquisition and line 36 regional housing needs assessment tar gets in all jurisdictions line 37 throughout the state. state , whic h will inform the futur e line 38 establishment of an independent public entity to develop, own, and 96 — 4 — AB 309

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line 1 maintain social housing in California. The authority shall be line 2 responsible for developing, owning, and maintaining Legislature line 3 intends the program to be the first step in creating social housing line 4 in California. Social housing is publicly o wned, mixed-income line 5 housing, removed from market forces and speculation, and b uilt line 6 with the express aim of housing people equitably and affordably. line 7 Under public control and oversight, social housing is sustainable line 8 and remains affordable in perpetuity.
line 9 (h)  It is the intent of the Legislature in enacting this title to set line 10 an ambitious goal for creating social housing, through both ne w line 11 production and preservation of existing units, and to establish the line 12 means for achieving that goal.
line 13 (i)  It is further the intent of the Le gislature for the California line 14 Housing Authority Social Housing Pr ogram to ensure that no line 15 Californian pays more than 30 percent of their income on housing line 16 by the year 2050.
line 17 SEC. 2. Title 6.91 (commencing with Section 64900) is added line 18 to the Government Code, to read:
line 19
line 20 TITLE 6.91. THE SOCIAL HOUSING ACT
line 21
line 22 PART 1. GENERAL PROVISIONS
line 23
line 24 Chapter 1. Title
line 25
line 26 64900. This title shall be known, and may be cited, as the Social line 27 Housing Act.
line 28
line 29 Chapter 2. Definitions
line 30
line 31 64901. Unless the context demands otherwise, the definitions line 32 provided by this chapter shall apply to this title. line 33 64902. “California Housing Authority,” “CHA,” or “authority” line 34 means the independent state entity created under this title for the line 35 purpose of developing social housing for all California residents. line 36 64903. “Social housing” means housing with the follo wing line 37 characteristics:
line 38 (a)  (1)  The housing units are o wned by a go vernment entity line 39 such as the California Housing Authority, a public entity, or a local line 40 housing authority.
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line 1 (2)  For the purposes of this act, all social housing developed or line 2 authorized by the authority shall be owned by the authority. line 3 (b)  If a housing unit is in a social housing de velopment, the line 4 development contains housing units that accommodate a mix of line 5 household income ranges, including extremely low income, very line 6 low income, low income, moderate income, and abo ve moderate line 7 income.
line 8 (c)  Residents of housing units are af forded, at a minimum, all line 9 protections granted to tenants with tenancies in pri vate property line 10 under Section 1946.2 of the Ci vil Code, including protection line 11 against termination without just cause or for an y discriminatory, line 12 retaliatory, or other arbitrary reason, and shall be af forded due line 13 process prior to being subject to e viction procedures, in addition line 14 to other protections provided by this title.
line 15 (d)  The housing units shall be protected for the duration of their line 16 useful life from being sold or transferred to a pri vate for-profit line 17 entity to prevent the privatization of social housing. line 18 (e)  Residents of the housing units ha ve the right to participate line 19 directly and meaningfully in decisionmaking affecting the operation line 20 and management of their housing units.
line 21 64906. “Revenue neutrality” means a system in which all line 22 monetary e xpenditures that result from the de velopment and line 23 operation of social housing o wned by the authority are returned line 24 to the authority through rents, payments on leasehold mortgages, line 25 or other subsidies, to further the maintenance and development of line 26 more social housing units.
line 27 64907. “Rent and mortg age cross-subsidization” means a line 28 system in which the below-cost rents and leasehold mortgages of line 29 certain units are balanced by above-cost payments on other units line 30 within the same multiunit property so as to ensure the property’ s line 31 overall revenue meets development and operational costs. line 32 64908. “Cost rent” means a system in which the rent of a line 33 dwelling is calculated on the cost of providing for and maintaining line 34 the dwelling, only allowing for limited or no proceeds. line 35 64909. “Limited equity arrangement” means an o wnership line 36 model in which residents are extended a long-term lease of a unit, line 37 take out a subsidized leasehold mortgage on the property from the line 38 authority, make monthly mortgage payments, and commit to resell line 39 at a price determined by a formula designed to balance ongoing line 40 affordability and resident wealth generation.
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line 1 64910. “Regional housing needs assessment” or “RHN A” line 2 means a representation of housing needs for all income le vels in line 3 a jurisdiction pursuant to Article 10.6 (commencing with Section line 4 65580) of Chapter 3 of Division 1 of Title 7.
line 5 64911. “Area median income” means the median family income line 6 in a metropolitan or nonmetropolitan area, as determined by the line 7 Department of Housing and Community Development. line 8 64912. “Extremely low income” means income that does not line 9 exceed the qualifying limits for e xtremely low income f amilies, line 10 as described in Section 50106 of the Health and Safety Code. line 11 64913. “Very low income” means income that does not exceed line 12 the qualifying limits for v ery low income f amilies, as described line 13 in Section 50105 of the Health and Safety Code. line 14 64914. “Low income” means income for households that does line 15 not e xceed the qualifying limits for lo wer income f amilies, as line 16 described in Section 50079.5 of the Health and Safety Code. line 17 64915. “Moderate income” means income for households of line 18 low or moderate income whose income exceeds the income limit line 19 for lower income households, as described in Section 50093 of line 20 the Health and Safety Code.
line 21 64916. “Above moderate income” means income for line 22 households that exceeds the moderate-income level, as described line 23 in Section 50093 of the Health and Safety Code. line 24 64917. “Underutilized parcel” means a parcel of property upon line 25 which is b uilt a structure that contains fe wer units than the line 26 maximum number of units permissible under local zoning line 27 regulations.
line 28 64918. “Multifamily property” means a collection of units line 29 featuring extremely low income, v ery low income, lo w-income, line 30 moderate-income, and above-moderate income units. A multifamily line 31 property may be a single building, multiple buildings on the same line 32 or adjacent parcels, or multiple b uildings across se veral blocks line 33 within a single jurisdiction, or as may be defined by the authority. line 34 64919. “Board” means the California Housing Authority Board. 96 AB 309 — 7 —

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line 1 PART 2. CALIFORNIA HOUSING AUTHORITY
line 2
line 3 Chapter 1. Creation, Powers, and Duties
line 4
line 5 Article 1. Creation
line 6
line 7 64920. (a)  The California Housing Authority is hereby created. line 8 The authority shall be go verned by the California Housing line 9 Authority Board.
line 10 (b)  The core mission of the authority shall be to ensure that line 11 social housing developments that are produced and acquired align line 12 with the goals of eliminating the gap between housing production line 13 and re gional housing needs assessment tar gets, and preserving line 14 affordable housing.
line 15
line 16 Article 2. Powers
line 17
line 18 64921. The authority shall have the following general powers:
line 19 (a)  Sue and be sued.
line 20 (b)  Have a seal and alter the same at its pleasure. line 21 (c)  Make and e xecute contracts and all other instruments line 22 necessary or convenient for the exercise of its powers and functions line 23 to perform its mission.
line 24 (d)  Make rules with respect to its projects, operations, properties, line 25 and facilities.
line 26 (e)  Through its executive officer, appoint officers, agents, and line 27 employees; prescribe their duties and qualifications; set their line 28 employment descriptions and salaries subject to civil service rules; line 29 provide for participation in health care and retirement benefits line 30 available to similar state employees; and delegate to one or more line 31 of its agents or employees the powers and duties it deems proper. line 32 (f)  Acquire, reacquire, or contract to acquire or reacquire by line 33 grant or purchase real, personal, or mixed property or any interest line 34 therein and o wn, hold, clear , improve, rehabilitate, sell, assign, line 35 exchange, transfer , con vey, lease, or otherwise dispose of or line 36 encumber the same.
line 37 (g)  Acquire or dispose of real, personal, or mixed property. line 38 (h)  In partnership with qualified persons, acquire, reacquire, line 39 construct, reconstruct, rehabilitate, impro ve, alter , or repair or line 40 provide for the construction, reconstruction, impro vement, 96 — 8 — AB 309

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line 1 alteration, or repair of any project; own, hold, sell, assign, transfer, line 2 convey, exchange, lease, or otherwise dispose of or encumber any line 3 project.
line 4 (i)  Enter into de velopment partnerships with municipalities, line 5 joint powers of authority, and other public and private entities and line 6 agencies in order to further its social housing development goals. line 7 (j)  Arrange or contract for the planning, replanning, opening, line 8 grading, or closing of streets, roads, roadw ays, alleys, or other line 9 places, or for the furnishing of f acilities or for the acquisition of line 10 property or property rights, or for the furnishing of property or line 11 services in connection with a project.
line 12 (k)  Grant options to purchase any project or to renew any lease line 13 entered into by it in connection with any of its projects, on terms line 14 and conditions as it deems advisable.
line 15 (l)  Prepare or cause to be prepared project plans, specifications, line 16 designs, and estimates of costs for the construction, reconstruction, line 17 rehabilitation, improvement, alteration, or repair of an y project, line 18 and from time to time modify the plans, specifications, designs, line 19 or estimates.
line 20 (m)  Provide advisory, consultati ve, training, and educational line 21 services, technical assistance, and advice to any person, partnership, line 22 or corporation, either public or pri vate, to carry out its mission, line 23 and engage the services of consultants on a contractual basis for line 24 rendering professional and technical assistance and advice. line 25 (n)  Contract for and accept funding in any form from any public line 26 or private agency or from any other source.
line 27 (o)  Employ technical e xperts and officers, agents, and line 28 employees, permanent or temporary , as required, including line 29 architects and experts in housing finance.
line 30 (p)  Call upon the Attorney General for legal services as it may line 31 require.
line 32
line 33 Article 3. Duties
line 34
line 35 64922. (a)  The authority shall implement and advise on the line 36 social housing program, as prescribed by Chapter 3 (commencing line 37 with Section 64933), and is hereby granted all po wers necessary line 38 for this purpose.
line 39 (b)  The authority may contract with property managers to line 40 manage its properties according to the following requirements:
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line 1 (1)  Property managers shall abide by standards of responsiveness line 2 to resident needs prescribed by the authority.
line 3 (2)  Property managers shall abide by rules re garding resident line 4 rights and protections or be subject to termination of employment. line 5 64923. (a)  The authority shall prepare, publish, adopt, and line 6 submit to the Go vernor and the Le gislature an annual b usiness line 7 plan. At least 60 days prior to the publication of the plan, the line 8 authority shall publish a draft business plan for public review and line 9 comment. The draft plan shall also be submitted to the Go vernor line 10 and the Legislature.
line 11 (b)  The business plan shall include, but need not be limited to, line 12 all of the following elements:
line 13 (1)  A description of the type of projects the authority is line 14 producing or acquiring and the proposed timeline, estimated costs, line 15 and funding sources.
line 16 (2)  A projection of the e xpected residents, income levels, and line 17 other demographic data.
line 18 (3)  An estimate and description of the anticipated funds the line 19 authority intends to leverage to fund the construction and operation line 20 activities, and the authority’ s level of confidence for obtaining line 21 each type of funding.
line 22 (4)  Any written agreements with public or private entities, such line 23 as technical assistance agreements.
line 24 (c)  On or before December 31 of each year, the authority shall line 25 provide and submit to the Legislature an analysis on the effect of line 26 its developments on gentrification. The report of the analysis shall line 27 be subject to public comment and shall be considered by the board line 28 for future decisionmaking.
line 29 (d)  On or before December 31 of each year, the authority shall line 30 provide an annual update to the Legislature on its progress, which line 31 shall include rele vant resident statistics once social housing line 32 developments owned by the authority are occupied. line 33 (e)  The reports and annual updates that this section requires the line 34 authority to pro vide to the Le gislature shall be submitted in line 35 compliance with Section 9795.
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line 1 Chapter 2. California Housing Authority Governance line 2
line 3 Article 1. Formation and Structure of Governing Board line 4
line 5 64924. (a)  The board shall be composed of the following:
line 6 (1)  An expert in housing development and finance. line 7 (2)  An expert in housing construction.
line 8 (3)  An expert in property maintenance.
line 9 (4)  An appointee of the Speaker of the Assembly. line 10 (5)  An appointee of the Senate Committee on Rules. line 11 (6)  An appointee of the Governor.
line 12 (7)  Three representati ves of the residents, to be appointed line 13 initially as described in subdivision (c).
line 14 (b)  All appointees shall serve at the pleasure of their respective line 15 appointing authorities. The Governor shall appoint the experts in line 16 housing de velopment and finance, housing construction, and line 17 property management, whose appointments shall be subject to line 18 confirmation by Senate approval by majority vote. line 19 (c)  Prior to the occupanc y of the first social housing unit line 20 developments owned by the authority, the resident representatives line 21 shall be appointed by the Speak er of the Assembly, the Senate line 22 Committee on Rules, and the Governor, respectively. The Speaker line 23 of the Assembly, the Senate Committee on Rules, and the Governor line 24 shall consult with adv ocates for tenants’ rights in the course of line 25 making their respective selections.
line 26 (d)  Following the occupanc y of the first social housing unit line 27 developments o wned by the authority , resident representati ves line 28 shall be elected according to the following procedure:
line 29 (1)  Any resident may nominate another resident to sit on the line 30 board, who shall be elected by a vote of all social housing residents line 31 who reside in units owned by the authority.
line 32 (2)  Each resident may v ote for up to three nominees to sit on line 33 the board. The three nominees who recei ve the most v otes shall line 34 have the right to sit on the board for terms of one year. line 35 (3)  Resident elections for board seats shall take place annually line 36 and the elections shall be coordinated by the board and its executive line 37 officer.
line 38 64925. All board decisions shall be approved by majority vote. line 39 64926. The board shall select a board chair , who may hold line 40 special powers as determined by members of the board. 96 AB 309 — 11 —

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line 1 64927. The board is a state body for purposes of the line 2 Bagley-Keene Open Meeting Act (Article 9 (commencing with line 3 Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2). line 4
line 5 Article 2. Board Powers and Duties
line 6
line 7 64928. The duties of the board include, but are not limited to, line 8 the following:
line 9 (a)  Establish a strategy to achieve the core goal of elimination line 10 of the gap between housing production and acquisition and regional line 11 housing needs assessment targets.
line 12 (b)  Set objectives and performance targets designed to achieve line 13 the strategy required by subdivision (a).
line 14 (c)  Monitor and assess the degree of the authority’s success in line 15 achieving its objectives and performance targets. line 16 (d)  Exercise exclusive hiring and firing power over an executive line 17 officer.
line 18 (e)  Establish and monitor performance measures for the line 19 executive officer and an associated succession plan. line 20 (f)  Approve the annual budget prepared by the executive officer. line 21 (g)  Foster a culture and set of v alues consistent with the line 22 short-term, medium-term, and long-term goals of the authority. line 23 (h)  Integrate risk management into the authority’ s strate gic line 24 planning process.
line 25 (i)  Notify the Go vernor and the Le gislature of unanticipated line 26 and sizable risks facing CHA in meeting its objectives. line 27 (j)  Adopt and amend regulations, which shall include election line 28 procedures for resident board positions.
line 29 (k)  Following an initial trial period, create and make public an line 30 annual business plan as described in Section 64923. line 31 (l)  Hold biannual meetings with resident governance councils. line 32 64929. The e xecutive officer of the board shall ha ve the line 33 following powers and duties:
line 34 (a)  Manage the day-to-day operations of the authority in line 35 accordance with the strate gy, dele gations, b usiness plans, and line 36 policies of the board and this title.
line 37 (b)  Employ and manage staff, including establishing, promoting, line 38 and maintaining a positive organizational culture that effectively line 39 aligns with the values and employment principles of the authority. line 40 (c)  Transform the strategic plans of the board into action. 96 — 12 — AB 309

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line 1 (d)  Ensure the ef fectiveness of the authority’ s operational line 2 systems, including financial management, human resource line 3 management, information systems management, risk management, line 4 communications, marketing, fund raising, asset management, and line 5 reporting.
line 6 (e)  Ensure the board is kept informed of changes to gubernatorial line 7 directives, relevant legislation and changes in law, and other critical line 8 information relating to the board’s functions and powers. line 9 (f)  Ensure compliance with applicable la w and go vernmental line 10 policies.
line 11 (g)  Maintain ef fective communication and cooperation with line 12 external stakeholders in collaboration with the chair of the board. line 13 (h)  Provide advice and information to the board on any material line 14 issues concerning strategy, finance, reporting obligations, or other line 15 important matters that arise.
line 16 (i)  Prepare the annual b usiness plan, including or ganizational line 17 performance targets, for board approval.
line 18 (j)  Interact with and, where appropriate, report to the Governor line 19 and the Legislature.
line 20 (k)  Additional responsibilities as determined by the board. line 21
line 22 Article 3. Resident Governance Councils
line 23
line 24 64930. Each multifamily social housing de velopment owned line 25 by the authority shall form a go vernance council, which shall line 26 include residents in both rental and o wnership model properties. line 27 The go vernance council shall be made up of no more than 10 line 28 percent of the overall population of the multifamily development. line 29 The authority shall establish appropriate size limitations for line 30 governance councils based on the size of the de velopments that line 31 they represent.
line 32 64931. An authority multifamily social housing development line 33 governance council shall ha ve the follo wing po wers and line 34 responsibilities:
line 35 (a)  Host regular meetings to g ather feedback and perspecti ve line 36 of residents.
line 37 (b)  Provide the resident perspective to property management. line 38 (c)  Represent the interests of the de velopment in biannual line 39 meetings with the board.
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line 1 (d)  Determine how to spend the development’s allotted annual line 2 budget for common room amenities and social events. line 3 (e)  Participate in the approval of renovation projects. line 4 (f)  Other responsibilities as determined by the board. line 5 64932. A multifamily social housing development governance line 6 council and the board may consult with outside parties with line 7 appropriate experience for the purpose of establishing managerial line 8 policies and practices that align with the requirements of affordable line 9 housing and the need to provide suitable tenant protections. line 10
line 11 Chapter 3. Social Housing Program
line 12
line 13 Article 1. Program Design
line 14
line 15 64933. (a)  In all its operations, the authority shall seek to line 16 achieve revenue neutrality over the long term. The authority shall line 17 seek to recuperate the cost of de velopment and operations o ver line 18 the life of its properties through the mechanisms that maximize line 19 the number of Californians who can be housed without line 20 experiencing rent burden, such as rent cross-subsidization or cost line 21 rent.
line 22 (b)  (1)  The authority shall develop regional target percentages line 23 for e xtremely lo w income, v ery lo w income, and lo w-income line 24 housing that seek to maximize lo w-income housing within the line 25 constraints of long-term re venue neutrality and maintaining line 26 sufficient operational, maintenance, and capital reserv es. The line 27 methodology for lo w-income housing maximization in each line 28 development region shall be explained at a board meeting and shall line 29 be subject to public comment.
line 30 (2)  Priority consideration for the use of the authority’s proceeds line 31 shall be given to the building and acquiring of social housing units, line 32 and subsidies for e xtremely low income, v ery low income, and line 33 low-income residents in affordable units.
line 34 (c)  The authority shall prioritize development of property with line 35 the following characteristics:
line 36 (1)  Vacant parcels.
line 37 (2)  Underutilized parcels or rede velopment of underutilized line 38 parcels without affordability covenants or rent-controlled units. line 39 (3)  Surplus public properties.
line 40 (4)  Parcels near transit.
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line 1 (d)  (1)  If the de velopment of a property requires the line 2 rehabilitation or demolition of co venanted affordable units, the line 3 new de velopment shall include a greater number of af fordable line 4 units by income group than the previous property. line 5 (2)  Each multiunit property shall include a v ariety of line 6 mixed-income units according to area median income levels. line 7 (e)  If the de velopment of a property requires the remo val of line 8 residents from the property, the authority shall cover the temporary line 9 relocation costs of these residents, including, b ut not limited to, line 10 the following:
line 11 (1)  Costs of searching for a new residence.
line 12 (2)  Moving costs.
line 13 (3)  Any differences between the resident’s previous rent at the line 14 property and their rent during the authority development period. line 15 (f)  Residents who are displaced during the authority’ s line 16 development of the property shall have the right to live in the new line 17 social housing property for their pre vious rent for the period of line 18 one year , or the authority’ s established rent for the resident’ s line 19 income level, whichever is lower.
line 20 (g)  If a displaced resident chooses not to occupy the new social line 21 housing development, the authority is not oblig ated to pay the line 22 difference between new and old rents, as described in subdivision line 23 (e), after the displaced resident could otherwise ha ve be gun line 24 occupying the property.
line 25 64934. The authority shall mak e an annual determination of line 26 the required amount of social housing units to be produced in the line 27 following manner:
line 28 (a)  Annual regional housing needs assessment targets shall be line 29 calculated as the total RHN A cycle targets for each jurisdiction line 30 divided by the length of the RHN A c ycle. The authority shall line 31 update its calculations each year based on housing construction line 32 data submitted by jurisdictions to the Department of Housing and line 33 Community Development.
line 34 (b)  On or before January 1, 2027, and each year thereafter, the line 35 authority shall determine the g ap between the pre vious year’ s line 36 regional housing needs assessment tar gets for v ery low income, line 37 low-income, moderate-income, and abo ve moderate-income line 38 housing, as determined by the Department of Housing and line 39 Community Development and local councils of government, and 96 AB 309 — 15 —

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line 1 actual housing construction, as determined by official local line 2 statistics.
line 3 (c)  The authority shall split the v ery lo w income RHN A line 4 allocation into e xtremely lo w income and v ery lo w income line 5 allocations based on the latest available census or official survey line 6 data for the relevant jurisdiction.
line 7 (d)  Within a given year, the authority is authorized at least to line 8 construct the required number of units to meet the g ap between line 9 the pre vious year’ s e xtremely lo w income, v ery lo w income, line 10 low-income, moderate-income, and abo ve moderate-income line 11 housing unit construction and regional housing needs assessment line 12 targets.
line 13 64935. (a)  In creating social housing, the authority shall line 14 employ tw o different leasing models, the rental model and the line 15 ownership model, consistent with the requirements of this title. line 16 (b)  In the rental model, the authority shall e xtend a one-year line 17 lease for a social housing unit to eligible individuals who commit line 18 to a minimum of one year of residence, barring e xtraordinary line 19 circumstances.
line 20 (c)  The rents or the rates on a leasehold mortg age in a line 21 multifamily property shall be set according to the follo wing line 22 requirements:
line 23 (1)  The authority shall strive to ensure that residents do not pay line 24 more than 30 percent of their income for housing. line 25 (2)  Any rental adjustments applied shall be applied in a manner line 26 that does not discourage the residents’ pursuit of higher income. line 27 (3)  Subject to the directi ve of paragraph (2), if a resident’ s line 28 income changes, upon the ne xt vacancy, the property manager line 29 shall rent to an appropriate income group to abide by re venue line 30 neutrality and meet other requirements.
line 31 (4)  For cost rentals, the authority will determine a reasonable line 32 proceeds cap on rental units. Priority consideration for the use of line 33 the authority’s proceeds shall be given to the building and acquiring line 34 of social housing units, and subsidies for e xtremely low income, line 35 very low income, and low-income residents in affordable units. line 36 (d)  In the ownership model, the authority shall extend a 99-year line 37 lease to indi viduals who commit to a minimum of fiv e years of line 38 residence in the social housing unit. This lease shall be in the form line 39 of a limited equity arrangement.
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line 1 (e)  Under the ownership model, upon the death of the owner of line 2 the social housing unit, the unit may be transferred to the line 3 deceased’s heir by devise or as any other real property may pass. line 4 If a transferee is not eligible to be a resident, the transferee shall line 5 sell the unit to the authority.
line 6 (f)  Under the ownership model, the following conditions shall line 7 apply:
line 8 (1)  The estate’s land and common areas will be o wned by the line 9 authority.
line 10 (2)  The authority may operate as a lender for residents. line 11 (3)  Buyers shall pay at least a 15-percent down payment. line 12 (4)  Housing units may only be sold after meeting the following line 13 conditions:
line 14 (A)  A minimum of five years of owner-occupancy. line 15 (B)  The authority shall have the right of first refusal to buy back line 16 a property.
line 17 (C)  If the authority does not e xercise its right to purchase the line 18 unit, the unit may be sold by the owner to an eligible buyer subject line 19 to requirements established by the authority.
line 20 (5)  Properties shall be sold at a price that allo ws the owner to line 21 have a reasonable return on in vestment, which may include line 22 documented capital improvements and adjustments for inflation. line 23 (g)  Residents may be evicted for either of the following reasons:
line 24 (1)  Failure to meet social housing community standards, as line 25 determined by the authority or governance council. line 26 (2)  Failure to pay rent for more than two months. line 27 (h)  Residents shall enjoy the following protections:
line 28 (1)  Property managers shall pro vide a 24-hour notice before line 29 entering the resident’s unit.
line 30 (2)  Termination for nonpayment of rent requires a 14-day notice line 31 prior to eviction.
line 32 (3)  Residents may recover abandoned properties within 60 days line 33 of receiving an eviction notice.
line 34 64936. Applicants to be residents and continuing residents line 35 shall meet the follo wing eligibility requirements, as may be line 36 applicable to them:
line 37 (a)  Except in the case of abo ve moderate-income units, social line 38 housing units shall be the resident’s sole residence. line 39 (b)  A potential resident shall pro ve that they have been living line 40 or w orking in California at the time of their application. The 96 AB 309 — 17 —

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line 1 authority shall promulg ate rules and criteria to determine the line 2 necessary residency or w ork qualifications solely for eligibility line 3 purposes, and these shall include sufficient qualifying criteria that line 4 do not discriminate against applicants based on their belonging to line 5 any protected class.
line 6 (c)  Upon approval by the authority, or the applicable governance line 7 council if authorized by the authority , residents whose units are line 8 part of the o wnership model may rent their units. The authority line 9 shall prescribe the conditions pursuant to which a go vernance line 10 council may regulate renting.
line 11 (d)  Residents under the rental model shall commit to one year line 12 of residence in the rental unit, after which a month-to-month line 13 tenancy may tak e effect. Residents under the o wnership model line 14 shall commit to at least fiv e years of primary residence in their line 15 unit.
line 16 (e)  Under certain circumstances, a resident shall be allowed to line 17 interrupt residence requirements without penalty, including:
line 18 (1)  Job relocation.
line 19 (2)  Change in the household structure.
line 20 (3)  Serious physical or mental illness.
line 21 (4)  A mutually agreed-upon unit sw ap with another social line 22 housing resident within the same property pursuant to authority line 23 requirements.
line 24 (5)  Other circumstances authorized by the authority or the line 25 governance council, to the extent authorized by the authority. line 26 (f)  If a resident interrupting their tenancy or leasehold mortgage line 27 does not satisfy the requirements for an e xception, the resident line 28 may be subject to one of the following penalties:
line 29 (1)  Obligation to pay rent or mak e payments on a leasehold line 30 mortgage until a new resident is located.
line 31 (2)  In the case of a resident leasing under the ownership model, line 32 forfeiture of proceeds from resale of the property. line 33 (3)  Ineligibility to reside in authority units for a period of fiv e line 34 years, or as determined by the authority.
line 35 (g)  Except in cases that e vidence a clear and manifest danger line 36 to the development or its residents, as may be determined by the line 37 authority, a prior criminal record shall not in an y way preclude a line 38 person from residing in social housing.
line 39 64937. (a)  Subject to the requirements of subdivision (b), the line 40 authority shall use a lottery to select social housing residents from 96 — 18 — AB 309

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line 1 all qualifying applicants. The lottery shall be structured by income line 2 categories and shall pro vide separate selection results for each line 3 category.
line 4 (b)  If residents of a property who were displaced during the line 5 authority’s development of the property as social housing ha ve line 6 elected to lease a unit in the social housing, the y shall be line 7 accommodated prior to of fering units to others pursuant to line 8 subdivision (a).
line 9
line 10 Article 2. Production of Housing
line 11
line 12 64938. (a)  The authority is authorized to contract with qualified line 13 entities, in accordance with the authority’s plan to meet its goals, line 14 to conduct ground-up construction and rehabilitation of e xisting line 15 structures.
line 16 (b)  The authority is authorized to dedicate b uilding space to line 17 commercial use and may lease the space to qualifying entities, line 18 pursuant to requirements established by the authority. line 19 (c)  When appropriate, the state shall gift public lands to the line 20 authority for social housing development purposes. line 21 (d)  In the absence of suitable state-owned parcels, the authority line 22 is authorized to purchase municipal, county, other local jurisdiction, line 23 and private lands.
line 24 64939. (a)  The authority shall accept a local jurisdiction’ s line 25 preference for a project parcel if all of the follo wing conditions line 26 are met:
line 27 (1)  The parcel allo ws the authority to meet the jurisdiction’ s line 28 regional housing needs assessments goals.
line 29 (2)  The parcel does not exceed the cost of all suitable alternative line 30 sites by more than 2 percent.
line 31 (3)  The parcel of fers comparable community amenities to all line 32 suitable alternatives.
line 33 (b)  The authority shall seek input from the local jurisdiction’ s line 34 city council, board of supervisors, or planning agenc y, as line 35 applicable, on the follo wing dimensions of an authority line 36 development:
line 37 (1)  Specific site of development.
line 38 (2)  Number of stories.
line 39 (3)  Number of units.
line 40 (4)  Development timeline.
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line 1 Article 3. Acquisition
line 2
line 3 64941. The authority may acquire, reacquire, or contract to line 4 acquire or reacquire by grant or purchase real, personal, or mixed line 5 property or an y interest therein and o wn, hold, clear , improve, line 6 rehabilitate, sell, assign, exchange, transfer, or otherwise dispose line 7 of or encumber the same.
line 8 64942. The authority shall prioritize acquiring or reacquiring line 9 property with the following characteristics:
line 10 (a)  Parcels with affordability covenants or rent control units in line 11 danger of losing affordability status, in order to preserve affordable line 12 housing stock.
line 13 (b)  Parcels at risk of becoming unaf fordable or at the end of line 14 their affordability covenants.
line 15 (c)  Underutilized parcels or rede velopment of underutilized line 16 parcels with affordability covenants or rent-controlled units. line 17 (d)  Surplus public properties.
line 18 (e)  Parcels near transit.
line 19
line 20 Chapter 4. Funding
line 21
line 22 64943. The activities of the authority shall be conducted with line 23 a goal to cover its costs over the long term in accordance with the line 24 principle of revenue neutrality.
line 25 64944. The Social Housing Re volving Loan Fund is hereby line 26 established within the State Treasury to be used, upon appropriation line 27 by the Legislature, to provide zero-interest loans for the purpose line 28 of constructing housing to accommodate a mix of household line 29 incomes.
line 30 64945. (a)  It is the intent of the Legislature to enact subsequent line 31 legislation to provide financing for the acti vities of the authority line 32 through the issuance of general obligation bonds. line 33 (b)  The authority may, from time to time, issue revenue bonds line 34 in the principal amount that the agenc y determines necessary to line 35 provide sufficient funds for financing social housing developments, line 36 the payment of interest on these bonds, the establishment of line 37 reserves to secure the bonds, and the payment of other expenditures line 38 of the agency incident to, and necessary or convenient to, issuance line 39 of the bonds.
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line 1 (c) The board shall provide for regular audits of the authority’s line 2 accounts and records and shall maintain accounting records and line 3 shall report accounting transactions in accordance with generally line 4 accepted accounting principles adopted by the Go vernmental line 5 Accounting Standards Board of the Financial Accounting line 6 Foundation for both public reporting purposes and for reporting line 7 of activities to the Controller.
line 8 64946. The authority may , upon appropriation by the line 9 Legislature, utilize funds from other legislation, cities and counties, line 10 or other sources, in order to b uild more lo w-, v ery lo w, and line 11 extremely low income housing.
line 12 SEC. 2. Title 6.91 (commencing with Section 64900) is added line 13 to the Government Code, to read:
line 14
line 15 TITLE 6.91. THE SOCIAL HOUSING ACT
line 16
line 17 PART 1. GENERAL PROVISIONS
line 18
line 19 Chapter 1. Title
line 20
line 21 64900. This title shall be known, and may be cited, as the Social line 22 Housing Act.
line 23
line 24 Chapter 2. Definitions
line 25
line 26 64901. Unless the context demands otherwise, the definitions line 27 provided by this chapter shall apply to this title. line 28 64902. “Cost rent” means a system in whic h the r ent of a line 29 dwelling is calculated on the cost of providing for and maintaining line 30 the dwelling, only allowing for limited or no proceeds. line 31 64903. “Revenue neutr ality” means a system in whic h all line 32 monetary e xpenditures that r esult fr om the de velopment and line 33 operation of social housing owned ar e returned through rents, line 34 payments on leasehold mortga ges, or other subsidies, to further line 35 the maintenance and development of more social housing units. line 36 64904. “Social housing” means housing with the following line 37 characteristics:
line 38 (a) (1) The housing units or the land on whic h housing units line 39 are built is owned by a government entity.
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line 1 (2)  For the purposes of this title , all social housing de veloped line 2 or authorized by the public entity shall be owned by the public line 3 entity.
line 4 (b)  If a housing unit is in a social housing de velopment, the line 5 development contains housing units that accommodate a mix of line 6 household income ranges that may include extremely low income, line 7 very low income , low income , moder ate income , and abo ve line 8 moderate income.
line 9 (c)  Residents of housing units ar e afforded, at a minimum, all line 10 protections granted to tenants with tenancies in private pr operty line 11 under Section 1946.2 of the Civil Code , including pr otection line 12 against termination without just cause or for any discriminatory, line 13 retaliatory, or other arbitr ary reason, and shall be af forded due line 14 process prior to being subject to eviction procedures, in addition line 15 to other protections provided by this title.
line 16 (d)  The housing units or the land on whic h housing units ar e line 17 built that are owned by a government entity shall be protected for line 18 the duration of their useful life fr om being sold or tr ansferred to line 19 a private entity to prevent the privatization of social housing. line 20 (e)  Residents of the housing units have the right to participate line 21 directly and meaningfully in decisionmaking affecting the operation line 22 and management of their housing units.
line 23
line 24 PART 2. SOCIAL HOUSING PROGRAM
line 25
line 26 Chapter 1. Definitions
line 27
line 28 64910. Unless the context demands otherwise, the definitions line 29 provided by this chapter shall apply to this part. line 30 64911. “Social Housing Program” or “program” means the line 31 program under the Department of General Services that facilitates line 32 the creation of social housing pursuant this part. line 33 64912. “Cost rent” means a system in whic h the r ent of a line 34 dwelling is calculated on the cost of providing for and maintaining line 35 the dwelling, only allowing for limited or no proceeds. line 36 64913. “Revenue neutr ality” means a system in whic h all line 37 monetary e xpenditures that r esult fr om the de velopment and line 38 operation of social housing owned by program are returned to the line 39 program through rents, payments on leasehold mortgages, or other 96 — 22 — AB 309

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line 1 subsidies, to further the maintenance and de velopment of mor e line 2 social housing units.
line 3 64914. Notwithstanding Section 64904, “social housing” means line 4 housing with the following characteristics:
line 5 (a)  (1)  The housing units are on state property leased pursuant line 6 to Section 14671.2.
line 7 (2)  For the purposes of this part, all social housing de veloped line 8 or authorized by the program shall be owned by the Department line 9 of General Services and managed by a private entity. line 10 (b)  The development contains housing units that accommodate line 11 a mix of household income ranges.
line 12 (c)  Residents of housing units ar e afforded, at a minimum, all line 13 protections granted to tenants with tenancies in private pr operty line 14 under Section 1946.2 of the Civil Code , including pr otection line 15 against termination without just cause or for any discriminatory, line 16 retaliatory, or other arbitr ary reason, and shall be af forded due line 17 process prior to being subject to eviction procedures. line 18 (d)  The land on whic h the housing units ar e b uilt shall be line 19 protected for the dur ation of their useful life fr om being sold or line 20 transferred to a private for-profit entity to prevent the privatization line 21 of social housing.
line 22 (e)  Residents of the housing units have the right to participate line 23 directly and meaningfully in decisionmaking affecting the operation line 24 and management of their housing units.
line 25
line 26 Chapter 2. Creation
line 27
line 28 64915. (a)  The Social Housing Program is hereby created in line 29 the Department of General Services.
line 30 (b)  The core mission of the pr ogram shall be to ensur e that line 31 social housing developments are produced on leased state property line 32 pursuant to Section 14671.2, to help address the housing crisis. line 33 (c)  The program is authorized to identify and de velop up to line 34 three social housing pr ojects on land declar ed excess by a state line 35 department and deemed suitable for housing pursuant to Executive line 36 Order No. N-06-19, with the intent to use the r esults to inform line 37 public policy related to developing an independent public entity line 38 to manage and develop statewide social housing. 96 AB 309 — 23 —

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AGENDA ITEM NO. 23.
line 1 Chapter 3. Program Design
line 2
line 3 64916. (a)  In all of its operations, the program shall comply line 4 with subdivisions (a) to (e), inclusive, of Section 14671.2. line 5 (b)  Priority consideration for the use of the program’s proceeds line 6 shall be given to the cr eation, development, and subsidization of line 7 social housing units.
line 8 (c)  The program will act as a land bank for state properties in line 9 which to develop social housing, by maintaining ownership of the line 10 land through ground leases.
line 11 64917. (a)  The program shall solicit bids to de velop social line 12 housing units, and prioritize bids that demonstr ate long-term line 13 revenue neutrality or a cost rent model.
line 14 (b)  In creating social housing , the program shall employ two line 15 different leasing models, the rental model and the ownership model. line 16 (1)  (A)  In the rental model, the pr ogram shall extend a lease line 17 for a social housing unit to eligible individuals. line 18 (B)  The program shall strive to ensure that residents do not pay line 19 more than 30 percent of their income for housing. line 20 (2)  In the ownership model, the housing units may only be sold line 21 after meeting the following conditions:
line 22 (A)  A minimum of five years of owner-occupancy. line 23 (B)  The program shall have the right of first refusal to buy back line 24 a property.
line 25 (C)  If the program does not e xercise its right to pur chase the line 26 unit, the unit may be sold by the owner to an eligible buyer subject line 27 to requirements established by the program.
line 28 (D)  Properties shall be sold at a price that allows the owner to line 29 have a r easonable r eturn on in vestment, whic h may include line 30 documented capital improvements and adjustments for inflation. line 31 (E)  Upon the death of the owner of the social housing unit, the line 32 unit may be transferred to the deceased’s heir by devise or as any line 33 other real property may pass. The heir shall be subject to the line 34 requirements of this paragraph.
line 35 64918. (a)  (1)  A city or county shall not deny a social housing line 36 development authorized under the program.
line 37 (2)  The Department of General Services shall notify a city , or line 38 county if the development occurs in an unincorporated area, of a line 39 social housing development occurring within its jurisdiction. 96 — 24 — AB 309

194
AGENDA ITEM NO. 23.
line 1 (b)  (1)  The Department of General Services shall send a city, line 2 or county if the de velopment occurs in an unincorpor ated area, line 3 any conceptual plans for a social housing development occurring line 4 within its jurisdiction.
line 5 (2)  (A)  Within 90 days of r eceiving the conceptual plans, the line 6 city or county may propose objective design review standards, as line 7 defined in paragraph (7) of subdivision (a) of Section 66300, for line 8 a social housing development authorized under this chapter, which line 9 the Department of General Services shall accept. line 10 (B)  The proposed objective design r eview standards shall not line 11 differ from the city or county’ s existing objective design r eview line 12 standards for comparable developments in effect one year before line 13 the date the Department of Gener al Services notifies a city or line 14 county as required by this subdivision.
line 15 (C)  The Department of General Services may, but is not required line 16 to, accept design r eview standard proposals made by a city or line 17 county 90 days after a city or county receives the conceptual plans. line 18 (3)  Notwithstanding paragraph (2), any design review standards line 19 proposed by a city or county on a social housing development shall line 20 not include floor ar ea r atios, height limitations, or density line 21 requirements.
line 22 (c)  (1)  The Department of Gener al Services shall send line 23 completed plans to the city , or county if the de velopment occurs line 24 in an unincorpor ated ar ea, of a social housing de velopment line 25 occurring within its jurisdiction.
line 26 (2)  If the city or county mak es written findings based on line 27 substantial e vidence in the r ecord that the social housing line 28 development might have a specific, adverse impact on public health line 29 or safety, the city or county shall notify the Department of General line 30 Services of those impacts within 90 days of receiving the completed line 31 plans.
line 32 (3)  The city or county may propose modifications to the social line 33 housing development to mitigate those specific, adverse impacts, line 34 which the Department of General Services shall accept if received line 35 within the 90-day period described in par agraph (2). The line 36 Department of General Services may, but is not required to, accept line 37 modifications made 90 days after a city or county r eceives the line 38 completed plans.
line 39 (4)  For the purposes of this subdivision, “specific, adver se line 40 impact” means a significant, quantifiable, direct, and unavoidable 96 AB 309 — 25 —

195
AGENDA ITEM NO. 23.
line 1 impact, based on objective , identified, and written public health line 2 or safety standards, policies, or conditions as they existed on the line 3 date the Department of General Services sent its completed plans.

O
96 — 26 — AB 309

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AGENDA ITEM NO. 23.

ATTACHMENT 3

August XX, 2023

The Honorable Shannon Grove
Member, California State Senate
1021 O Street, Room 7150
Sacramento, California 95814

RE: AB 309 (Lee) Social Housing Program
(as amended 7/13/2023)
Notice of Oppose Unless Amended

Dear Senator Grove:

The City of Clovis writes to express our opposition to AB 309 (Lee), unless it is amended to address our concerns. AB 309 would create the Social Housing Program within the Department of General Services (DGS) to facilitate the construction of government-owned housing on leased state property or excess state-owned property. Cities would have no ability to regulate zoning or development standards, including floor area ratios, height limitations, or density requirements.

The City of Clovis strongly supports the intent of AB 309, which is to produce more housing as housing affordability and homelessness are among the most critical issues facing California cities. Affordably priced homes are out of reach for many people and housing is not being built fast enough to meet the current or projected needs of people living in the state. Cities lay the essential groundwork for housing production by planning and zoning new projects in their communities based on extensive public input and engagement, as well as state housing laws.

Importantly, cities are currently updating housing plans to identify sites for more than 2.5 million additional housing units.

AB 309 would disregard this state-mandated planning process and specifically empower DGS to make land use and zoning decisions on state excess property. If DGS can approve housing, why should cities go through the multiyear planning process to identify sites suitable for new housing units if the state can ignore those plans and build housing on sites never considered for new housing?
197
AGENDA ITEM NO. 23.

City Hall Administration • 1033 Fifth Street, Clovis, CA 93612 • 559.324.2010 • TTY-711 [email protected] • www.cityofclovis.com

While AB 309 currently limits DGS authority to three housing projects on declared excess state property suitable for housing, the measure broadly establishes the Social Housing Program within DGS and could be easily expanded to include all state-owned lands.

Bypassing California’s longstanding housing planning laws and local rules is not a way out of the housing crisis. That’s why Cal Cities continues to call on the Governor and lawmakers to annually invest $3 billion to help cities prevent and reduce homelessness and spur affordable housing development. Targeted, ongoing funding is the only way cities can find community- based solutions that produce housing at all income levels.

For these reasons, City of Clovis respectfully opposes AB 309 unless it is amended to address our concerns.

Sincerely,

Lynne Ashbeck
Mayor, City of Clovis

cc: Raj Rakkar, Cal Cities Regional Public Affairs Manager (via email:
[email protected])
League of California Cities (Via email: [email protected]) 198
AGENDA ITEM NO. 23.

ATTACHMENT 4

August XX, 2023

The Honorable Jim Patterson
Member, California State Assembly
P.O. Box 942849
Sacramento, CA 94249-0008

RE: SB 423 (Wiener) By-right housing approvals: multifamily housing developments:

SB 35 (Chapter 366, Statutes of 2017) expansion.

Notice of Opposition

Dear Assembly Member Patterson:

The City of Clovis writes to express our opposition to SB 423, which would greatly expand SB 35 (Chapter 366, Statutes of 2017), extend the Jan. 1, 2026, sunset date to Jan.1, 2036, and allow the Department of General Services (DGS) to control housing developments on state-owned or - leased property, regardless of the locally required zoning or development standards.

City of Clovis intimately understands the affordable housing and homelessness crisis as it plays out in our community every day. Local leaders are working to find creative solutions so homes of all income levels can be built. They’re taking on these difficult and complex tasks, and in many cases successfully planning for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.

SB 423 is the latest overreaching bill. This measure would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development.
199
AGENDA ITEM NO. 23.

City Hall Administration • 1033 Fifth Street, Clovis, CA 93612 • 559.324.2010 • TTY-711 [email protected] • www.cityofclovis.com

Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. That’s why the League of California Cities continues to call on the Governor and lawmakers to annually invest $3 billion to help cities prevent and reduce homelessness and spur housing development. Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes.

California will never produce the number of homes needed with an increasingly state driven, by- right housing approval process. What is really needed is a sustainable state investment that matches the scale of this long-term crisis.

For these reasons, City of Clovis respectfully opposes SB 423.

Sincerely,

Lynne Ashbeck
Mayor, City of Clovis

cc: Raj Rakkar, Cal Cities Regional Public Affairs Manager (via email:
[email protected])
League of California Cities (Via email: [email protected]) 200
AGENDA ITEM NO. 23.

TO: Mayor and City Council
FROM: Administration
DATE: August 7, 2023
SUBJECT: Consider Approval – Change of Council Meeting Schedule.

Staff: John Holt, City Manager
Recommendation: Approve
ATTACHMENTS: None.

RECOMMENDATION
For the City Council to approve the cancellation of the regular Council meeting scheduled for Monday, August 14, 2023.

EXECUTIVE SUMMARY
There is a need to change the schedule of meeting for the Cit y Council in August. Staff is recommending that City Council cancel the meeting of August 14, 2023.

BACKGROUND
Staff is able to consolidate the agenda items to the first and third meetings in August. Staff is recommending that City Council consider cancel ing the meetin g of August 14 , 2023. Given adequate notice, staff will be able to amend the timing of actions coming forward so that operations will not be affected by the cancellations.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Pursuant to the Clovis Municipal Code, the City Council meets in regular session on the first, second, and third Monday of each month, except when those Mondays occur on a recognized 201
AGENDA ITEM NO. 24.

City holiday. The City Council needs to confirm any change to the schedule of meetings in order to properly notice the public of the City Council’s schedule of meetings.

ACTIONS FOLLOWING APPROVAL
A revised schedule of meetings will be published in conformance with law.

Prepared by: Rebecca Simonian, Executive Assistant

Reviewed by: City Manager JH

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AGENDA ITEM NO. 24.

Clovis City CouncilAugust 7, 2023

Clovis City Council
August 7, 2023