Agenda packet — Clovis City Council, May 6, 2024 (part 1 of 3)

May 06, 2024 - 1 - 2:07 PM
A G E N D A • C I T Y C O U N C I L M E E T I N G
May 6, 2024 6:00 PM Council Chamber
In compliance with the Americans with Disabilities Act, if you need special assistance to access the City Council Chamber to participate at this meeting, please contact the City Clerk or General Services Director at (559) 324-2060 (TTY – 711). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Chamber.

The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; and you may view the meeting which is webcast and accessed at www.cityofclovis.com/agendas.

Written Comments
 Members of the public are encouraged to submit written comments at:
www.cityofclovis.com/agendas at least two (2) hours before the meeting (4:00 p.m.). You will be prompted to provide:
 Council Meeting Date
 Item Number
 Name
 Email
 Comment
 Please submit a separate form for each item you are commenting on.  A copy of your written comment will be provided to the City Council noting the item number.

If you wish to make a verbal comment, please see instructions below.  Please be aware that any written comments received that do not specify a particular agenda item will be marked for the general public comment portion of the agenda.  If a written comment is received after 4:00 p.m. on the day of the meeting, efforts will be made to provide the comment to the City Council during the meeting. However, staff cannot guarantee that written comments received after 4:00 p.m. will be provided to City Council during the meeting. All written comments received prior to the end of the meeting will be made part of the record of proceedings.

Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 www.cityofclovis.com
1 May 06, 2024 - 2 - 2:07 PM

CALL TO ORDER
FLAG SALUTE - Councilmember Mouanoutoua

ROLL CALL
PUBLIC COMMENTS - This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 3 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.

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

1. Administration - Approval - Minutes from the April 15, 2024, Council Meeting.

2. Administration - Approval – Waive Formal Bidding Requirements and Authorize the City Manager to Enter into an Agreement with Keyser Marston Associates for $135,000 to Conduct a Mixed Income Ordinance Feasibility Study and In-Lieu Fee Analysis.

3. Administration - Receive and File – Economic Development Corporation Serving Fresno County Quarterly Report, Jan. 1, 2024 – Mar. 31, 2024.

4. Fire – Approval – Authorizing the City Manager to Enter into an Agreement with the Central California Emergency Medical Services Agency for the provision of Fire Department Dispatch Services from July 1, 2024, through June 30, 2027, in the amount of $1,309,203.00.

5. General Services – Approval – Res. 24-___, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Lead Accounting Systems Technician Classification with a Salary Range of $6,984 to $8,489 per month, and Approval – Res. 24-___, Amending the City’s FY 23-24 Position Allocation Plan.

6. General Services – Approval – Res. 24-___, Amending the City’s FY 2023-2024 Position Allocation Plan by adding one (1) Senior Management Analyst Position and removing (1) Fire Administrator Position within the Fire Department.

7. Planning and Development Services – Approval – Final Acceptance for CIP 22-06 Test Hole at Reservoir T-10 Site.

8. Planning and Development Services – Approval – Bid Award for CIP 23-27, Temperance Avenue Street Improvements to Dave Christian Construction in the amount of $979,231.08; and authorize the City Manager to execute the contract on behalf of the City.
2 May 06, 2024 - 3 - 2:07 PM

9. Planning and Development Services - Approval - Res. 24-____, a request to adopt a resolution approving the initiation of a general plan amendment and rezone for the Infill Rezone Program; and Approval – Res. 24-____, a request to adopt a resolution authorizing the City Manager to execute a consultant agreement between the City of Clovis and Rincon Consultants, Inc., for preparation of an environmental assessment and related services.

10. Planning and Development Services - Approval - Res. 24-____, a request to adopt a resolution approving the initiation of a general plan amendment and ordinance amendment to adjust the existing density ranges for multi-family residential development in the General Plan and Development Code.

11. Police – Approval – Annual Review of Ordinance 22-03, Clovis Police Department Policy 706, and the Annual Military Equipment Use Report PUBLIC HEARINGS - A public hearing is an open consideration within a regular or special meeting of the City Council, for which special notice has been given and may be required. When a public hearing is continued, noticing of the adjourned item is required as per Government Code 54955.1.

12. Consider Approval – Res. 24-___, Adoption of the City of Clovis 2024-2025 Annual Action Plan for the expenditure of Community Development Block Grant Funds.

Staff: Claudia Cazares, Housing Programs Manager
Recommendation: Approve

13. Consider items associated with approximately 155 acres of land located on the north side of Shepherd Avenue, between N. Sunnyside and N. Fowler Avenues. Great Bigland, LP., owner/ applicant; Harbour and Associates, representative. (Continued from the March 18, 2024, Council Meeting)
a. Consider Approval - Res. 24-___, A Resolution of the Clovis City Council approving adoption of an addendum to the previously certified EIR for the Shepherd North Project.
b. Consider Approval - Res. 24-___, GPA2021-006, A Resolution of the Clovis City Council approving a request to amend the circulation element of the General Plan to allow for the placement of a Shepherd Avenue access point on the north side of Shepherd Avenue, between N. Sunnyside and N. Fowler Avenues. c. Consider Approval - Res. 24-___, GPA2021-005, A Resolution of the Clovis City Council approving a request to amend the land use element of the General Plan for the Development Area (approximately 77 acres) from the Rural Residential land use designation to the Medium-High Density Residential land use designation. d. Consider Introduction - Ord. 24-___, R2021-009, An Ordinance of the Clovis City Council approving a request to prezone property within the Development Area (approximately 77 acres) of the Project site from the Fresno County AL20 Zone District to the Clovis R-1-PRD Zone District.
3 May 06, 2024 - 4 - 2:07 PM
e. Consider Approval - Res. 24-___, TM6205, A Resolution of the Clovis City Council approving a request to approve a vesting tentative tract map for a 605-lot single-family planned residential development.
f. Consider Approval - Res. 24-___, PDP2021-004, A Resolution of the Clovis City Council approving a request to approve a planned development permit for a 605-lot single-family residential development.
g. Consider Approval - Res. 24-___, A Resolution of the Clovis City Council approving an amendment to the 2017 Amended and Restated Memorandum of Understanding between the County of Fresno and City of Clovis regarding a Sphere of Influence Expansion to add approximately 155 acres and the Standards of Annexation to address the annexation of approximately 77 acres of property (Shepherd-Sunnyside Northeast Reorganization).

Staff: George González, Senior Planner
Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS

ADJOURNMENT

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

May 13, 2024 (Mon.)
May 20, 2024 (Mon.)
June 3, 2024 (Mon.)
June 10, 2024 (Mon.)
June 17, 2024 (Mon.)
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CLOVIS CITY COUNCIL MEETING
April 15, 2024 6:00 P.M. Council Chamber
Meeting called to order by Mayor Ashbeck at 6:00
Flag Salute led by Councilmember Bessinger
Roll Call: Present: Councilmembers, Basgall, Bessinger, Mouanoutoua, Pearce Mayor Ashbeck
PRESENTATION – 6:02
6:02 ITEM 1 - PRESENTATION OF UPDATED FRESNO COUNTY CLOVIS REGIONAL LIBRARY ELEVATIONS.
6:18 ITEM 2 - PRESENTATION OF PROCLAMATION DECLARING APRIL 26, 2024, AS ARBOR DAY.
6:21 ITEM 18 - APPROVED – VARIOUS ACTIONS ASSOCIATED WITH THE PERSONNEL COMMISSION AND PLANNING COMMISSION.

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

PUBLIC COMMENTS – 6:26
Eric Rollins, resident, spoke on the need for more police officers.

Brent Berdine, resident, made comments on the vision, mission, and goals of the City.

Heather Walkingstick, resident, expressed concerns regarding traffic and road condition issues in the City.

Kate Wilcox, resident, inquired on affordable housing initiatives.

CONSENT CALENDAR – 6:40
Motion by Councilmember Mouanoutoua, seconded by Councilmember Bessinger, that items 1- 13 on the Consent Calendar be approved except for Item No. 9 to be continued to a date uncertain.

Motion carried by unanimous vote.

3. Administration - Approved - Minutes from the April 8, 2024, Council Meeting. 5 AGENDA ITEM NO. 1.

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4. Administration – Approved – Award the Request for Proposals and approve the purchase of twenty-two (22) Mobile Data Computers to Stommel, Inc., dba Lehr Auto for $102,025.66 plus tax.

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

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

7. Finance – Received and Filed – Investment Report for the Month of December 2023.

8. Finance – Received and Filed – Treasurer’s Report for the Month of December 2023.

9. Finance – Continued – Res. 24-XX, A Resolution of the Clovis City Council Dissolution of the Community Facilities District 2004-1 Oversight Committee. Continued to a date uncertain.

10. General Services – Approved - Claim Rejection of the General Liability Claim by Candace Smith.

11. Planning and Development Services - Approved – Final Acceptance for CIP 15-03 Landmark Square

12. Planning and Development Services – Approved – Bid Award for CIP 23-03, Willow Avenue Street Improvements to Asphalt Design by Juan Gomez in the amount of $1,058,995.50; and authorize the City Manager to execute the contract on behalf of the City.

13. Planning and Development Services – Approved – Bid Award for CIP 23-11, Alley Improvements to Dave Christian Construction in the amount of $636,931; and authorize the City Manager to execute the contract on behalf of the City, and Approved – Res. 24- 38, amending the 2023-2024 Community Investment Program Budget for Sewer Capital Projects - Enterprise in the amount of $190,000.
6:40 ITEM 14 - PLANNING AND DEVELOPMENT SERVICES - APPROVED – RES. 24-39,

ANNEXATION OF MISCELLANEOUS PROPERTIES TO THE LANDSCAPE MAINTENANCE DISTRICT NO. 1. (COUNCILMEMBER BESSINGER HAS A CONFLICT

OF INTEREST ON THIS ITEM)
Motion by Councilmember Basgall, seconded by Councilmember Pearce, that the item be approved. Motion carried 4-0-0-1 with Councilmember Bessinger abstaining.

PUBLIC HEARINGS – 6:43
6:43 ITEM 15 - CONSIDER ITEMS ASSOCIATED WITH APPROXIMATELY 1.62 ACRES OF

LAND LOCATED ON THE NORTHWEST CORNER OF ASHLAN AND DE WOLF AVENUES. HARPREET SINGH SUMAL, OWNER/APPLICANT; KELSEY GEORGE OF PRECISION CIVIL ENGINEERING, REPRESENTATIVE.

Kelsey George, applicant representative, provided comments on the requested action.

Brendan Daily, resident, spoke on concerns regarding the application including traffic.

Brent Burdine, resident, spoke on concerns regarding the application.

Laura Bacigalupi, resident, spoke on concerns regarding the application. 6 AGENDA ITEM NO. 1.

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Cesar Lopez, resident, spoke on concerns regarding the application.

Michelle Swartz, resident, spoke on concerns regarding the application.

Leslie Granite, resident, spoke on concerns regarding the application.

Allison Huerra, resident, spoke on concerns regarding the application.

David Ruckshaw, resident, spoke on concerns regarding the application.

Manuel Benjamin Garcia, resident, spoke on concerns regarding the application.

Andre Metzler, resident, spoke on concerns regarding the application.

Resident, spoke on the traffic and safety issues in support of the project.

ITEM 15A - CONSIDER INTRODUCTION - RES. 24-40, A RESOLUTION TO APPROVE

AN ENVIRONMENTAL FINDING OF A MITIGATED NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT 2023-002 AND REZONE 2023-002.

Motion for approval by Councilmember Bessinger, seconded by Councilmember Mouanoutoua. Motion carried by 4-1 with Councilmember Bessinger voting no.

ITEM 15B - APPROVED INTRODUCTION - RES. 24-41, GPA2023-002, A RESOLUTION

TO AMEND THE GENERAL PLAN AS PART OF THE SECOND GENERAL PLAN AMENDMENT CYCLE OF 2024, RE-DESIGNATING THE SUBJECT PROPERTY FROM THE LOW DENSITY RESIDENTIAL (2.1-4.0 DWELLING UNITS PER ACRE) AND OPEN SPACE DESIGNATIONS TO THE HIGH DENSITY RESIDENTIAL (15.1-30.0 DWELLING UNITS PER ACRE) DESIGNATION.

Motion for approval by Councilmember Bessinger, seconded by Councilmember Mouanoutoua. Motion carried by 3-2 with Mayor Ashbeck and Councilmember Basgall voting no.

ITEM 15C - APPROVED INTRODUCTION - ORD. 24-01, R2023-002, AN ORDINANCE

TO REZONE THE SUBJECT PROPERTY FROM THE R-A (SINGLE-FAMILY RESIDENTIAL VERY LOW DENSITY) ZONE DISTRICT TO THE R-3 (MULTIFAMILY HIGH DENSITY RESIDENTIAL) ZONE DISTRICT.

Motion for approval by Councilmember Bessinger, seconded by Councilmember Mouanoutoua. Motion carried by 3-2 with Mayor Ashbeck and Councilmember Basgall voting no.
7 AGENDA ITEM NO. 1.

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ADMINISTRATIVE ITEMS – 8:42
8:43 ITEM 16 – APPROVED – RES. 24-42, A RESOLUTION DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2024-25, AUTHORIZING

THE CITY OF CLOVIS ENGINEERING DIVISION TO CONDUCT A PROPERTY OWNER PROPOSITION 218 PROCEEDING, APPROVING THE FISCAL YEAR 2024-25 PRELIMINARY ENGINEER’S REPORT, AND SETTING A PUBLIC HEARING FOR JUNE 17, 2024, OR AT SUCH TIME THEREAFTER FOR AREA 1 OF BENEFIT ASSESSMENT DISTRICT NO. 95-1 (BLACKHORSE ESTATES).

Frank Stafford, resident, spoke expressed concerns with the budget.

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

Motion carried by unanimous vote.
9:08 ITEM 17 - APPROVED - RES. 24-43, APPROVING THE SALE AND TRANSFER OF INTEREST IN K & M CASINOS, INC., (500 CLUB CASINO LOCATED AT 771 W. SHAW AVE, CLOVIS, CA 93612) FROM MICHAEL LEBLANC TO RICHARD BARCLAY AND MARK ENGLISH.

Jarhett Blonien, representative, spoke in favor of the item.

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

CITY MANAGER COMMENTS – 9:15
COUNCIL COMMENTS – 9:15
CLOSED SESSION – 9:20
9:20 ITEM 19 - GOVERNMENT CODE SECTION 54956.9(D)(2) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: ONE POTENTIAL CASE RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION – 9:31 No action taken.
8 AGENDA ITEM NO. 1.

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ADJOURNMENT
Mayor Ashbeck adjourned the meeting of the Council to May 6, 2024 Meeting adjourned: 9:31 p.m.
______________________________ ________________________________ Mayor City Clerk
9 AGENDA ITEM NO. 1.

TO: Mayor and City Council
FROM: Administration
DATE: May 6, 2024
SUBJECT: Administration - Approval – Waive Formal Bidding Requirements and Authorize the City Manager to Enter into an Agreement with Keyser Marston Associates for $135,000 to Conduct a Mixed Income Ordinance Feasibility Study and In-Lieu Fee Analysis.

ATTACHMENTS: 1. Proposal

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) within the preceding 12 months (Government Code 84308).

RECOMMENDATION
For the City Council to waive the City’s formal bidding requirements and authorize the City Manager to enter into Agreement with Keyser Marston Associates for $135,000 to conduct a Mixed Income Ordinance Feasibility Study and In-Lieu Fee Analysis.

EXECUTIVE SUMMARY
On February 20, 2024, Council approved a settlement to resolve housing related litigation, and the court approved the settlement and entered a Judgment in the case on March 19, 2024. As part of the Judgment, the City is required to conduct a study to determine the parameters of a feasible Mixed Income Zoning Ordinance. Pursuant to the Judgment, the opposing party and counsel have approved the proposal from Keyser Marston Associates to conduct the required study. As this process is outside of typical procurement policy requirements City Council approval of the agreement is required.

BACKGROUND
On February 20, 2024, Council approved a settlement to resolve housing related litigation, and the court approved the settlement and entered a Judgment in the case on March 19, 2024. The Judgment requires the city to implement several affordable housing programs, and the study to be conducted by KMA and the report to be prepared will provide the and subsequent approval of a Mixed Income Zoning Ordinance including and In-Lieu Fee Analysis is one. 10 AGENDA ITEM NO. 2.

The proposal from Keyser Marston Associates (KMA) will allow the City to continue with implementing affordable housing programs as required by the Judgment. The tasks to be performed by KMA for the study include:

1. Financial Feasibility Analysis – the feasibility analysis will evaluate the ability of new market rate residential developments to sustain alternative inclusionary requirements and in-lieu fees.

2. In-Lieu Fee Analysis – the in-lieu fee analysis will evaluate in-lieu fee levels that are equivalent to the cost of providing affordable units either within the project or in a separate 100% affordable project.

3. Existing Unit Analysis – the existing unit analysis will provide information on affordability of existing market rate housing and support a potential compliance option to acquire and deed restrict existing units.

4. Report – KMA will prepare a report to present the analysis and findings.

5. Stakeholder and Public Meetings – KMA is available to present findings and respond to questions as part of stakeholder and public meetings to be scheduled.

KMA has deep experience in conducting similar studies across the State of California. It is anticipated the study and outreach will take 9-10 months in total.

KMA’s proposal has been approved by staff and the opposing party and counsel in accordance with the Judgment, and City Council approval is required so KMA can begin the study. Staff recommends waiving the City’s formal bidding requirements given the unique services and circumstances involved in this agreement. The proposal is attached (Attachment 1). The cost is $135,000, and funding is available in the 2023-2024 Fiscal Year’s budget.

FISCAL IMPACT
$135,000 cost for the services involved in conducting the study and preparing the report and other tasks as identified in the attached proposal. Sufficient funds are available in the 2023-24 budget.

REASON FOR RECOMMENDATION
The amount of the agreement for these services is above the City Manager’s purchasing authority and the purchasing policy requires at least three proposals. Because of the unique services and circumstances of contracting for these services, waiving the formal purchasing policy requirements is appropriate as authorized by Municipal Code section 2.7.06(a) and Section IV.C. of the Purchasing Manual. Approval of this agreement will allow the study to commence so that the study can be completed and the City can continue with the steps to satisfy the requirements of the Judgment.

ACTIONS FOLLOWING APPROVAL
The City Manager will execute the agreement and the study will be commenced. A workshop will be conducted for City Council to consider the report in approximately 10 months.

Prepared by: Andrew Haussler, Assistant City Manager
Reviewed by: City Manager AH
11 AGENDA ITEM NO. 2.
1 CITY OF CLOVIS

CONSULTANT SERVICE AGREEMENT
This Consultant Service Agreement ("Agreement") is entered into between the City of Clovis, a California general law city ("City") and Keyser Marston Associates, Inc., a California corporation ("Consultant") with respect to the following recitals. This Agreement shall be effective on the date the Agreement has been signed by both parties ("Effective Date").

RECITALS
A. City desires to obtain services for the preparation of a study/report and associated services in connection with a mixed income zoning ordinance feasibility study ("Services") as described in the proposal from Consultant dated April 12, 2024, which is attached hereto as Exhibit A and incorporated herein by reference.

B. Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services.

C. City desires to retain Consultant, and Consultant desires to provide the City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibit A attached hereto. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and describe the changes in Services, including changes in the payment/costs and schedule/term, as applicable.

2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement and Exhibit A conflict, this Agreement shall control. No contractual terms and/or conditions found in Exhibit A shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant.

3. Term of Agreement; Commencement of Services; Schedule. The term of this Agreement shall commence on the Effective Date, and Consultant shall begin performing the Services on that date, unless otherwise instructed by City. Consultant shall complete the Services not later than April 30, 2025 (“Completion Date”), unless extended beyond this date by mutual consent of the Parties. This Agreement may be terminated prior to the Completion Date in accordance with Section 17 herein. Consultant shall perform the Services according to the estimated project timeline (“Schedule”) set forth in Exhibit A. The Schedule may be subject to modification based on the City’s operational needs, and City shall notify Consultant in writing in advance of any material modification to the Schedule.

4. Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement according to the project budget set forth in Exhibit A. The total amount payable by City to Consultant for the Services performed under this Agreement shall not exceed One Hundred Thirty-Four Thousand Six Hundred Five Dollars ($134,605.00). The foregoing is inclusive of all labor, equipment, Attachment 1 12
AGENDA ITEM NO. 2.
2 materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and City shall tender payment to Consultant within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Consultant and any subcontractors Consultant may engage shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business. Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.

6. Consultant Representations; Standard of Care; Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which Services are being provided under this Agreement and Consultant and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards.

7. Identity of Subcontractors and Sub-Consultants. Consultant shall, before commencing any Services under this Agreement, provide to City in writing: (a) the identity of all subcontractors and subconsultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City's permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.

8. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports upon reasonable written request by City and of all final reports prepared by Consultant under this Agreement. 13 AGENDA ITEM NO. 2.
3 11. Intentionally omitted.

12. Confidentiality. All data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or any subcontractors in connection with the Services (“Work Product”) prepared and performed by and on behalf of Consultant in connection with the Services shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound by these confidentiality provisions.

13. City Name and Logo. Consultant shall not use City's name or insignia, photographs relating to the City projects or work for which Consultant's Services are rendered, or any publicity pertaining to the Consultant's Services under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

14. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Consultant’s or its employees’ performance of the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City board or commission.

15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

16. City Right to Employ Other Consultants. Unless expressly stated otherwise in this Agreement, this Agreement and performance of the Services are non-exclusive and City reserves the right to employ other consultants in connection with the Services while this Agreement is in effect.

Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise. b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon twenty (20) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach. c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase of Services described in the project budget in Exhibit A that is partially performed but for which the applicable portion of 14 AGENDA ITEM NO. 2.
4 Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the project budget exceed the total compensation of such part as specified in the project budget.
d. Effect of Termination. Upon termination of this Agreement, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing the Services pursuant to this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever.

18. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit B.

19. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, and agents harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Consultant or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Taxes. Consultant is responsible for the payment of all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement and the receipt of compensation from City for the Services, and Consultant shall not seek or be entitled to any additional compensation from City above the compensation described in Section 4 to satisfy its responsibilities under this Section.

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not voluntarily assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation, or entity. City retains the right to pay all monies due Consultant directly to Consultant.

22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
15 AGENDA ITEM NO. 2.
5 c. Delivery by a reliable overnight delivery service, with a retained receipt, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery.
d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered three (3) business days after deposit.

23. Entire Agreement. This Agreement, including the referenced Exhibits, represents the entire Agreement between City and Consultant regarding the Services and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

25. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

26. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Execution in Counterparts. This Agreement may be executed in multiple counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

31. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. 16 AGENDA ITEM NO. 2.
6 If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

32. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.

KEYSER MARSTON ASSOCIATES, INC., CITY OF CLOVIS
A California corporation
By: _________________________________ By: ____________________________ David Doezema, Vice President John Holt, City Manager
Date:________________________________ Date:___________________________ Party Identification and Contact Information:

Consultant City of Clovis
Keyser Marston Associates, Inc. Attn: John Holt, City Manager Attn: David A. Doezema, Vice President 1033 Fifth Street 2130 Center Street, Suite 301 Clovis, CA 93612
Berkeley, CA 94704
ATTEST
_______________________________
Andrew Haussler, Interim City Clerk

APPROVED AS TO FORM
_______________________________
Scott G. Cross, City Attorney
17 AGENDA ITEM NO. 2.

EXHIBIT A
18 AGENDA ITEM NO. 2.
2130 Center Street, SUITE 301  BERKELEY, CALIFORNIA 94704  PHONE: 415 398 3050  FAX: 415 397 5065 900b-1856.docx; jf
WWW.KEYSERMARSTON.COM 99900
ADVISORS IN:

REAL ESTATE

AFFORDABLE HOUSING

ECONOMIC DEVELOPMENT

BERKELEY
DEBBIE M. KERN

DAVID DOEZEMA

LOS ANGELES
KATHLEEN H. HEAD
KEVIN E. ENGSTROM
JULIE L. ROMEY

TIM BRETZ

SAN DIEGO
PAUL C. MARRA

LINNIE GAVINO

EMERITUS
A. JERRY KEYSER
TIMOTHY C. KELLY
April 12, 2024
Andy Haussler
Assistant City Manager
City of Clovis
1033 Fifth Street
Clovis, CA 93612
Re: Proposed Scope of Services: Mixed Income Ordinance Feasibility Study and In-Lieu Fee Analysis
Dear Mr. Haussler:

Keyser Marston Associates, Inc. (KMA) is pleased to provide the enclosed proposed scope of services for preparation of a feasibility study and in-lieu fee analysis to support consideration of a new Mixed Income Ordinance by the City of Clovis (“City”).

KMA has an extensive and distinguished track record in preparing financial feasibility, nexus studies, and in-lieu fee analyses for cities and counties throughout California. As a core area of the firm’s work, KMA is typically engaged in around half a dozen inclusionary assignments at any given time. We pride ourselves on the integrated approach we bring to these assignments, combining our firm’s core practice areas of real estate economics and affordable housing.

KMA’s understanding is that the City has entered into a settlement agreement that commits the City to the adoption of a new Mixed Income Ordinance within approximately one year and establishes certain parameters of a new program. The enclosed scope of services will result in the identification of feasible affordable unit percentages, at affordability levels consistent with the settlement agreement, for each of three geographic subareas of the City and for up to five residential project types. The scope also includes calculation of in-lieu fee amounts that reflect the cost of delivering required affordable units, consistent with the basis for in-lieu fees contemplated in the settlement agreement.
19 AGENDA ITEM NO. 2.

Andy Haussler
City of Clovis
April 12, 2024

Page 2 ends

900b-1856.docx; jf
99900
KMA is delighted to have an opportunity to assist the City of Clovis with this important work. Please contact me if you would like to discuss this proposal.

Sincerely,
KEYSER MARSTON ASSOCIATES, INC.

David Doezema
Enclosures
Attachment A – Proposed Scope of Services
Attachment B – Proposed Budget
Attachment C – KMA Public Client Rate Schedule
20 AGENDA ITEM NO. 2.

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Attachment A
Proposed Scope of Services
Financial Feasibility Analysis
The following proposed scope of services is for Keyser Marston Associates, Inc. (KMA) to support the City of Clovis (City) with consideration of a proposed new Mixed Income Ordinance.

The following major tasks are included:
(1) Financial Feasibility Analysis – the feasibility analysis will evaluate the ability of new market rate residential developments to sustain mixed income housing requirements, including both on-site units and alternatives, such as in-lieu fees and construction of affordable units on alternative sites.
(2) In-Lieu Fee Analysis – the in-lieu fee analysis will evaluate in-lieu fee levels that are sufficient to fully cover the estimated financing gap associated with providing affordable units in a separate 100% affordable project.
(3) Existing Unit Analysis – the existing unit analysis will provide information on affordability of existing market rate housing and support a potential compliance option to acquire and deed-restrict existing units.
(4) Report – KMA will prepare a report to present the analysis and findings. (5) Stakeholder and Public Meetings – KMA is available to present findings and respond to questions as part of stakeholder and public meetings.

A full description of each of these tasks follows.
(1) Financial Feasibility Analysis
KMA will prepare a real estate financial feasibility analysis to evaluate the feasibility of alternative mixed income housing requirements. Preparation of the analysis will entail the following:

Task a. Prototype Identification. KMA anticipates identifying up to five residential prototype projects that are reflective of recent and proposed residential development types in the City of Clovis and nearby communities such as Fresno. Prototypes will be distinguished in terms of product type (detached, attached, density, parking, etc.), size (bedrooms, square footage) and tenure (rental or ownership). To identify prototypes for the analysis, KMA will begin by reviewing materials on recent and proposed projects to be requested from City staff. KMA will then access 21 AGENDA ITEM NO. 2.

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additional data sources on recently developed housing projects to identify the prototypical residential project types.

Task b. Geographic Subareas. The five prototypes will be evaluated as to rental income, sales prices, development costs, and supported land values or financial returns in up to three separate geographic subareas areas of the City. The purpose will be to reflect differences in the economics of development projects by location. Geographic areas will be defined following review of market data and development activity by geographic area.

Task c. Pro Forma Development. A real estate pro forma model will be created for each of the five prototype residential development types within each of the geographic subareas. Following is a description of the pro forma development process:
 Rents and Sales Prices – KMA will estimate market prices and rents for each of the five prototype development projects. Sales prices for new units currently being marketed for sale, data on recent market rate unit sales, and data on market rents for new and newer rental units will be used for this purpose. Data sources include commercial market data providers such as CoreLogic and CoStar, apartment and developer websites, and other sources. Affordable rents and sales prices will reflect the range of mixed income housing requirements being tested and will be consistent with the City’s settlement agreement in the Martinez case (“Settlement Agreement”).  Development Costs – KMA will estimate the cost to develop each prototype residential project. Key current cost components include site improvements, vertical construction costs, parking costs, architectural and engineering fees, impact and planning fees, financing costs, overhead costs, and all other “indirect” costs of construction. These estimates will be based on KMA’s database of costs for other comparable projects, third party data sources such as RS Means, any pro forma information provided by local market-rate and affordable-housing developers, and published costs for recent 100% affordable projects, among other sources. It is assumed that the City will provide an estimate of applicable impact and permit fee requirements.  Warranted Investment and Financial Feasibility – In order for a new development project to be financially feasible, the sales prices or projected net operating income must support a level of investment that exceeds the development costs and generate a return (profit) to the developer that adequately recognizes development risks. As a function of the large volume of projects KMA evaluates at any given time, we are well attuned to the developer return thresholds that are required by the private marketplace.

To supplement our own sources, we also utilize third party sources to adjust developer return thresholds and cap rates, including Real Estate Research Corporation (RERC) and Pwc, both of which provide regular updates on the housing market. Finally, local 22 AGENDA ITEM NO. 2.

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property sales and the cap rates reflected in those sales are another key source that will be reviewed.
 Market Rate Developer Cost of delivering affordable units on-site – KMA will calculate a dollar per square foot amount that is equivalent to the cost of including required affordable units on-site as part of a market rate development project. The analysis will be based on the residential development prototypes, and the market pricing and rents established in the feasibility analysis. The analysis will calculate the forgone revenue experienced by the developer of a market rate project in setting aside affordable units within their projects. For rentals, the analysis is based on the difference in developer investment that can be supported by market rate rents as compared to affordable rents.

This forgone developer revenue will be expressed in terms of an equivalent in-lieu fee amount. This analysis is useful for understanding whether the developer will be incentivized to choose an in-lieu fee option versus providing the units on-site within the Project.

Task d. Pro Forma Testing. Pro forma models developed in Task 1c for each of the prototype projects will be used to test a range of potential affordable housing requirements, including:
 Onsite mixed income housing requirements, ranging in terms of the percent of units to be set aside as affordable and the affordability level of the units (Very Low, Low, etc.), with the options to be evaluated consistent with the ordinance parameters identified in Section 2.e.ii. B and C of the Settlement Agreement.
 Delivery of affordable units in a stand-alone low-income housing tax credit project onor off-site. (2) In-Lieu Fee Analysis
KMA will prepare an analysis to identify in-lieu fees sufficient to cover the need for gap financing for off-site affordable units consistent with the in-lieu fee methodology prescribed by Section

2.e.i.C of the Settlement Agreement. The gap financing need will be estimated based on 100% affordable projects and the development costs and financing sources of recent local affordable projects. This gap financing amount will then be expressed in terms of the in-lieu fee amount that would need to be collected to fully fund the estimated financing gap to replace the affordable units that are not provided on-site.
(3) Acquisition and Rehab of Existing Units
KMA will provide analysis to support consideration of a potential option to acquire and place deed restrictions on existing units. The analysis will evaluate affordability levels associated with existing market rate for-sale and rental units and the gap between market rate and affordable rents and prices. Separate gap calculations will be prepared for an acquisition and rehab option to assist in the design of a program option of this nature. 23 AGENDA ITEM NO. 2.

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(4) Report
KMA acknowledges that time is of the essence for performance of this agreement and will prepare a comprehensive report documenting the analyses and findings along with an executive summary. An administrative draft, public review draft, and final report will be provided consistent with the schedule outlined below.
(5) Meetings and Stakeholder Engagement
KMA participation in the following meetings is anticipated as part of the proposed scope.

Meetings are assumed to be virtual except for public hearings.  Staff Meetings – KMA will meet with City staff at key junctures in preparation of the study and to prepare for public and stakeholder meetings.  Facilitator Meetings – KMA will participate in up to three meetings with City staff and the Facilitator group in connection with the meet and confer process contemplated by Section 2.e.iv of the Settlement Agreement.
 Developer Interviews – KMA will interview up to ten market rate and affordable developers, including at least three (3) non-profit affordable housing developers who have developed residential projects in the Fresno region. Developer interviews will help provide a deeper understanding of local development economics, affordable unit development costs, and unique considerations for developing in Clovis.  Public and Stakeholder Meeting Series 1 – KMA will participate in a series of public and stakeholder meetings concluding with an initial City Council meeting to discuss findings of the study. KMA participation in up to two stakeholder meetings, contemplated to include non-profit affordable housing developers, tenant advocates, market rate developers, civic or business advocates, and other interested parties. Two public hearings are assumed as part of this first series of meetings. Preparation of one PowerPoint presentation to be used for the meeting series is assumed.  Public and Stakeholder Meeting Series 2 – Following the drafting of a proposed ordinance that considers the findings of the study and input from the first series of public and stakeholder meetings, KMA will participate in a second series of public and stakeholder meetings to consider the proposed ordinance, concluding with an adoption hearing at the City Council. KMA participation in up to two stakeholder meetings and two public hearings is assumed.
24 AGENDA ITEM NO. 2.

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Project Timeline
Below is an outline of key milestones and estimated timing.

Milestone Estimated Timing
Contract Approval and Notice to Proceed May 2024
Public Review Draft of Study November 2024
Public / Stakeholder Meeting Series 1 November to January 2024 Ordinance Drafting (by City or outside counsel) January to February 2025 Public / Stakeholder Meeting Series 2 February 2025 to March 2025 25 AGENDA ITEM NO. 2.

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Attachment B
Project Budget
KMA proposes to proceed with the scope of services on a time and materials basis within a notto-exceed budget authorization of $134,605 based on the estimate included in the table below.

BUDGET
Sr. Principal Associate Admin Total ESTIMATE
Hourly Rates $295 $185 $90
Task 1. Financial Feasibility Analysis
a. Prototypes and Submarkets   30      ‐     50   80 $18,100 b. Base Case Pro Forma   60      ‐     80    140 $32,500 c. Pro Forma Testing of Alternative Requirements   20      ‐     15   35 $8,675 Subtotal    110      ‐     145    255 $59,275
Task 2. In‐Lieu Fee Analysis   30      ‐     20   50 $12,550 Task 3. Acquisition and Rehab Analysis   15      ‐     20   35 $8,125 Task 4. Report   50     10   6   66 $17,140
Task 5. Meetings and Stakeholder Engagement
a. Staff Meetings    ‐   ‐     20   20 $5,900
b. Facilitator Meetings    ‐   ‐     6   6 $1,770
c. Developer Interviews    ‐   ‐     15   15 $4,425
d. Stakeholder and Public Meetings    ‐   ‐     76   76 $22,420 Subtotal    117 ‐   ‐        117 $34,515
Data Purchase Costs and Reimbursables $3,000
Grand Total    322     195   6    523 $134,605
26 AGENDA ITEM NO. 2.

ATTACHMENT C
KEYSER MARSTON ASSOCIATES, INC.

PUBLIC SECTOR HOURLY RATES
______________________________________________
2023/2024
CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS* $305.00
SENIOR PRINCIPALS* $295.00
PRINCIPALS* $275.00
MANAGERS* $245.00
SENIOR ASSOCIATES $205.00
ASSOCIATES $185.00
SENIOR ANALYSTS $170.00
ANALYSTS $145.00
TECHNICAL STAFF $105.00
ADMINISTRATIVE STAFF $90.00
Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost.

Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date.
* Rates for individuals in these categories will be increased by 50% for time spent in court testimony.
27 AGENDA ITEM NO. 2.

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit B. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City.
a. Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:
(i) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Worker's Compensation Insurance as required by the State of California. (iii) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(iv) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) The City, its officers, officials, employees, agents, and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used). (ii) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, 28 AGENDA ITEM NO. 2.
officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
(iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iv) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(v) Any deductibles or self-insured retentions must be declared to and approved by the City of Clovis Risk Services. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later. d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement. e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement. 29 AGENDA ITEM NO. 2.

TO: Mayor and City Council
FROM: Administration
DATE: May 6, 2024
SUBJECT: Administration - Receive and File – Economic Development Corporation Serving Fresno County Quarterly Report, Jan. 1, 2024 – Mar. 31, 2024.

ATTACHMENTS: 1. EDC Quarter 3 Report, January 1, 2024 – March 31, 2024

RECOMMENDATION
That the City of Clovis receive and file the Quarter 3 Report, January – March 2024, from the Economic Development Corporation Serving Fresno County.

EXECUTIVE SUMMARY
The Economic Development Corporation serving Fresno County (EDC) has submitted their Quarter 3 Report of activities for the City Council to receive and file, as required per the 2023- 2024 Agreement with the City.

BACKGROUND
In the summer of 2023, the City of Clovis and the EDC entered into a contract for the 2023-2024 fiscal year to provide regional marketing and business services to Clovis businesses. The contract provides for $40,000 in baseline funding and provides $10,000 for focused outreach and project support for the City of Clovis in developing the Five Year Comprehensive Economic Development Strategy plan update. 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 activities to provide information to industrial/commercial representatives not currently located in Clovis for recruiting purposes, and to continue to assist existing Clovis businesses with informational and/or technical assistance to access statewide business support programs. 30 AGENDA ITEM NO. 3.

Highlights of the EDC quarterly report include:

FISCAL IMPACT
The City will forward the Quarter 3 installment payment to EDC. The funds were budgeted in the 2023-2024 fiscal year budget.

REASON FOR RECOMMENDATION
The attached report meets the requirement established in the 2023-2024 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
31 AGENDA ITEM NO. 3.

FRESNO COUNTY ECONOMIC

DEVELOPMENT CORPORATION
Quartery Activity Report
Quarter 3, FY 2023-2024
Attachment 1 32
AGENDA ITEM NO. 3.

LOCAL BUSINESS OUTREACH
In Q3 2024, EDC staff has spent over 79 hours
working directly with 18 Clovis businesses
Here are a few we would like to spotlight:

Anlin Windows and Doors
Fresno County EDC staff is working with Anlin
Windows & Doors to connect them with workforce
development resources and incentives, namely the
New Employment Opportunities (NEO) Program,
Good Jobs Challenge Grant, and PG&E’s Economic
Development Rate. Additionally, we are providing
them a wage analysis that will help them understand
how competitive their compensation packages
are in the labor market and how they might adjust
to accommodate a fluctuating talent pool.

CLIENTS SERVED
• 2 Hands Corn Dogs
• A Mind Above
• Accounting America
• Affordable Site Model
• AMA Management,
Inc.
• Ano-Tech Metal
Finishing inc.
• Big Bear Apparel
• CALBEC Group
• Circle Automotive
• City of Clovis
• Clovis Stone Masonry
& Landscape
• Denny’s #9549
• Elite Team
Offices, Inc
• Facelogic Spa
• Going Places
• Paul Halajian
Architects
• SMS Services Inc.
• Wawona Frozen Foods
Q3 2024 BY THE NUMBERS
$150,000
in funding secured from the EDA
to develop the County CEDS
$22,000
in NEO wage reimbursements
15 Active NEO
Businesses
18 5
NEO Job
Placements
Clients served
in Q3 2024 11 New Business
leads generated
using Gazelle.Ai

LOCAL SERVICES
33 AGENDA ITEM NO. 3.

FRESNO COUNTY EDC | 2024 3

GOOD JOBS CHALLENGE - HR SPECIALIST PROGRAM
In collaboration with the State Center for Community Colleges and hosted at Clovis Community College’s Herndon Campus, this initiative caters to Good Jobs clients and Welfare-to-Work participants. The training will equip participants with essential office skills, fundamental HR knowledge, and provide externship placements that could foster pathways to permanent employment. There are currently 18 students enrolled in the program, including four individuals displaced by the closure of Prima Wawona.

BUSINESS ATTRACTION
Fresno County EDC facilitated 7 leads in Q3; with 3 shown Clovis properties. Property is a key consideration for lead activity.

Med Tech Manufacturer
Fresno County EDC is working with a Bay Area medical device company that has been recently awarded a contract by Valley Children’s Hospital. The company specializes in medical diagnostic technology and imports their equipment from Singapore. EDC will be assisting with site selection; the company requires 10,000 sf of distribution space but would also like to find additional space to onshore their manufacturing arm. During the initial meeting, the client was excited to hear about Clovis’ interest in companies such as his. In addition to site selection, EDC will provide incentive and workforce information, the company will employee 10 staff initially (warehouse, office, logistics, engineers) and scale up to about 50.

AI-Enabled Attractions
Gazelle AI identifies companies with a high probability of future expansion, along with the key decision
makers behind them, allowing economic developers
to proactively engage with companies with the
highest potential for conversion. Gazelle takes a
unique approach to lead generation in that it primarily utilizes AI and machine learning models to predict
company growth based on a variety of key indicators.

This past quarter, we leveraged Gazelle AI while attending trade shows such as the Sacramento Food Processing Expo, World Ag Expo, and most recently, ICSC Monterey to maximize our time in attendance and ensure our team is engaging with the right companies at the right time.

Using Gazelle alongside our in-house industry cluster analyses allows us to identify strong candidates for business attraction that are compatible with Clovis’s existing industry clusters. This past quarter, we identified 11 potential leads which include top-scoring companies in the medical equipment and supplies manufacturing industries. According to Gazelle’s verified projects database, each of these MedTech companies has an established U.S. footprint and is seeking to expand their operations in the near term. 34 AGENDA ITEM NO. 3.

FRESNO COUNTY EDC | 2024 4
Positioning Fresno County for Semiconductor Expansion
Fresno County EDC staff continues to work alongside the City of Clovis to expand opportunities within the semiconductor industry. Local efforts have led to introductions to Ajit Manocha, Global President/CEO of SEMI, to visit in Q3. SEMI is a global association comprised of 3,000-member semiconductor companies that are committed to advancing global electronics design
and manufacturing supply chain.

In February, Mr. Manocha visited
Fresno State, alongside President
Jimenez-Sandoval, Fresno
County EDC, faculty and industry
partners. This meeting fostered
conversation about investments underway in the region, including:
• local incentives (including a new recruitment initiative leveraging the Creating Helpful Incentives to Promote Semiconductors (CHIPS) Act funding), • university assets,
• future available real estate, such as Clovis’ NE growth area • Federally funded workforce development programs that can be tailored to meet industry needs.

Mr. Manocha valued the information and provided updates on SEMI’s plans to support the semiconductor industry growth, which is slated to surpass $1 trillion by 2030. Following, a delegation was invited to visit Semi’s headquarters in Milpitas, California in April. City of Clovis leadership will be joining President/CEO Will Oliver on this visit where further discussion of market opportunities in the regional semiconductor supply chain and potential of establishing a triangle public-private industry partnership will continue.

CLOVIS CHAMBER (EDR OVERVIEW)
The EDC sees our partnership with the Chamber as a vital component of providing assistance to local businesses in Clovis. We are working on providing information on various incentives and resources at Chamber events throughout the year; The first of these collaborations will revolve around PG&E’s Economic Development Rate.

CLOVIS BROKER MIXER
In partnership with Heritage Development Company, Retail California, Newmark Pearson Commerical, and the City of Clovis, Fresno County EDC supported a commercial and retail mixer for brokers at The Row Residencies Clubhouse. This event featured preliminary plan reviews for the Heritage Grove development, as well as an opportunity to meet the leadership teams and learn about community vision planning.

EDC staff connected with Vincent Ricchiuti of PR Farms. At a follow-up meeting, we discussed retailers to target in our business attraction efforts for The Avenue at Heritage Grove development.

STRATEGIC PARTNERSHIPS

REGIONAL INITIATIVES
35 AGENDA ITEM NO. 3.

FY 23-24 Overview of Work Product Deliverables FY 2023 – 2024 Target Outcomes FY24 YTD Economic Development Corporation
Serving Fresno County
Contract: $40,000
Comprehensive Economic
Development Strategy
Phase 1: $10,000
- Plan Participation and Outreach
Staff:

President & CEO
Will Oliver
VP of Workforce Development
Chris Zeitz
Director of Business Services
Lauren Nikkel
Business Retention:
• Provide informational resources and
technical assistance to retain and
expand existing Clovis businesses.
• The Economic Development team
will work towards fostering a closer
working relationship with local
business associations to enhance
the accessibility of EDC’s services to
City employers.

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.
• Communicate leads status during
monthly EDC – City of Clovis
meeting.
• Assist the City in preparing for, and
conducting, proactive targeted
outreach to companies identified in
the Clovis Comparison Healthcare
Respond to all City of Clovis business
inquires and connect them to
appropriate resources
33 Clients Served
New Business Leads 17
New Business Leads
Outreach and project support for 5 Year
CEDS Update Ongoing
Economic Profile Update Completed
Targeted HCA Outreach Ongoing
36 AGENDA ITEM NO. 3.

ATTACHMENT 1
Analysis, or other business
prospecting tools, if available.

Comprehensive Economic Development
Strategy Participation and Engagement
Planning for the County of Fresno
Comprehensive Economic Development
Five Year Update is set to occur beginning in
2023. EDC will partner with the City in
providing focused outreach and project
support to ensure the City’s goals and
objectives are included in the CEDS update.
37 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: Fire Department
DATE: May 6, 2024
SUBJECT: Fire – Approval – Authorizing the City Manager to Enter into an Agreement with the Central California Emergency Medical Services Agency for the provision of Fire Department Dispatch Services from July 1, 2024, through June 30, 2027, in the amount of $1,309,203.00.

ATTACHMENTS: 1. 2024-2027 Agreement for Dispatch Services

RECOMMENDATION
For the City Council to authorize the City Manager to enter into an agreement with the Central California EMS Agency for Fire Department dispatch services for the period of July 2024 - June 2027.

EXECUTIVE SUMMARY
Since May of 2007, the Fire Department has contracted with Central California Emergency Medical Services Agency (CCEMSA) to provide emergency communication dispatch services for all fire department calls. CCEMSA’s dispatch center works in coordination with the Clovis Police Dispatch center. The proposed contract would renew our contract which has been in place since 2007. The current existing contract expires June 30, 2024. The proposed contract is for a three-year term starting in July 2024 and ending June 2027.

BACKGROUND
In August 2006, the Clovis Fire Department sought out solutions to emergency communication problems that were overloading the Clovis Police Department’s Communications Center and to improve community and responder safety through a more regionalized dispatch system. On March 19, 2007, the City Council approved a one-year contract with CCEMSA to provide emergency communication/dispatch services to the Clovis Fire Department. Since 2007, the Fire Department has contracted with CCEMSA for dispatch services. This agreement has been 38 AGENDA ITEM NO. 4.
renewed several times with the last renewal in 2021. The current agreement terminates on June 30, 2024.

CCEMSA subcontracts the labor for this service to American Ambulance, who is the local ambulance provider for Fresno County. One of American Ambulance’s primary roles as the exclusive ambulance provider to Fresno County is to staff and operate the Fresno County EMS Communications Center. In this relationship, American Ambulance provides personnel, supervision, and management. The County of Fresno is responsible for the infrastructure and equipment, which includes IT/GIS support, maintenance and support of radios, telephones, computer-aided dispatch systems, dispatch consoles, workstations, paging/alerting systems and the oversight of dispatch policy and procedures for the EMS Communications Center. The City of Clovis remains responsible for our own radios, IT/GIS, telephone, mobile data computers and related policies. In March of 2021, the EMS Communications Center was moved from the City of Fresno to the City of Clovis. Having the dispatch center within the city limits enables Fire Department staff to attend meetings with their staff while still being available for emergency response locally which improves service to the Fire Department and all our citizens in turn.

Provisions within the new contract provide the following additional benefits to the City of Clovis:

1. The new contract includes performance measures that must be met each month to receive full payment. These measurements include call processing and dispatch processing time standards to ensure the best possible service to the citizens of Clovis.

Service that does not meet performance standards will result in a credit back to the City of Clovis.

2. The maximum compensation payable to County under the performance of this Agreement is as follows:
 For the period of July 1, 2024, through June 30, 2025, the amount of this Agreement shall not exceed Three Hundred Eighty-Nine Thousand Two Hundred SeventyThree and 00/100 Dollars ($389,273.00).  For the period of July 1, 2025, through June 30, 2026, the amount of this Agreement shall not exceed Four Hundred Thirty-Five Thousand Nine Hundred Eighty-Six and 00/100 Dollars ($435,986.00).
 For the period of July 1, 2026, through June 30, 2027, the amount of this Agreement shall not exceed Four Hundred Eighty-Three Thousand Nine Hundred Forty-Four and 00/10 Dollars ($483,944.00).

These numbers reflect an increase to our current contract pricing. For the 2021-2024 contract, the annual fee was $347,656.00. During negotiations, a proposed increase of 29% was proposed for year one, with minor increases for the proceeding years of 3% and 2%, respectively. To ease the burden on the City, the contract was renegotiated to the currently proposed rates. The increase is now spread more evenly over the three years of the proposed contract.
39 AGENDA ITEM NO. 4.

The proposed contract increases are due to the increased costs related to inflation and personnel.

FISCAL IMPACT
The annual cost for this service will increase to $389,273 in 2024/25, to $435,986 in 2025/26, and to $483,944 in 2026/27 over the next three years and will be included in the 2024/25 Fire Department budget request.

REASON FOR RECOMMENDATION
Clovis Fire Department has evaluated local emergency communications options and determined Fresno County EMS provides the best value to the City of Clovis at this time.

ACTIONS FOLLOWING APPROVAL
The contract will be provided to the City Manager for signature and a fully executed copy of the contract will be procured for record retention.

Prepared by: Chris Ekk, Fire Chief
Reviewed by: City Manager AH
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Exhibit A
A-1

AGREEMENT
This Service Agreement (“Agreement”) is dated ___________________ and is between the City of Clovis, a California Municipal Corporation (“City”), and the County of Fresno, a political subdivision of the State of California (“County”).

Recitals
A. City receives calls requesting City’s Fire Department (“City Fire”) for emergency services and emergency medical first responder services (“EMS”).

B. City transfers those calls for EMS to County’s EMS Communications Center for dispatching the appropriate emergency ambulances and equipment.

C. City FIRE continues to desire to receive dispatching services for fire suppression calls, which may include dispatching of non-transport first responder services, (collectively, “City Fire Dispatching Services”) from County’s EMS Communications Center.

D. County has provided dispatching services for City since May 1, 2007.

E. It is to the mutual benefit and in the best interest of the parties hereto to have a combined EMS and City Fire Dispatching Service for the purpose of providing improved services to the public.

F. It is a goal of County and City to maintain consolidated dispatching services in Fresno County.

G. It has been determined by City and County that there is a need to provide EMS dispatching services and City Fire Dispatching Services through a centralized and combined effort by County’s EMS Communications Center and City Fire.

H. County’s EMS Communications Center is staffed and operated by K.W.P.H. Enterprises, doing business as American Ambulance, a California Corporation (“Provider”) through that certain Emergency Medical Services and Provider Agreement for Emergency Ambulance Services, dated May 16, 2017 (County Agreement No. 17-218), by and between County and Provider, including all amendments thereto (the “EMS Provider Agreement”).

The parties therefore agree as follows:
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Exhibit A
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City’s Responsibilities

1.1 The City shall perform all of the services provided in Exhibit A to this Agreement, titled “City’s Responsibilities.”

1.2 Representation. The City represents that it is qualified, ready, willing, and able to perform all of the services provided in this Agreement.

1.3 Compliance with Laws. The City shall, at its own cost, comply with all applicable federal, state, and local laws and regulations in the performance of its obligations under this Agreement, including but not limited to workers compensation, labor, and confidentiality laws and regulations.

County’s Services

2.1 The County shall perform all of the services provided in Exhibit B to this Agreement titled “County’s Services.”

2.2 Representation. The County represents that it is qualified, ready, willing, and able to perform all of the services provided in this Agreement.

Compensation, Invoices, and Payments

3.1 For County’s performance of Fire Dispatching Services herein, City agrees to pay, and the County agrees to receive, compensation for the performance of its services under this Agreement according to Exhibit C to this Agreement, titled “Compensation.”

3.2 Maximum Compensation. The maximum compensation payable to County under the performance of this Agreement is as follows:

For the period of July 1, 2024 through June 30, 2025, the amount of this Agreement shall not exceed Three Hundred Eighty-Nine Thousand Two Hundred Seventy-Three and 00/100 Dollars ($389,273.00).
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Exhibit A
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For the period of July 1, 2025 through June 30, 2026, the amount of this Agreement shall not exceed Four Hundred Thirty-Five Thousand Nine Hundred Eighty-Six and 00/100 Dollars ($435,986.00).

For the period of July 1, 2026 through June 30, 2027, the amount of this Agreement shall not exceed Four Hundred Eighty-Three Thousand Nine Hundred Fourty-Four and 00/10 Dollars ($483,944.00).

3.3 Performance Standards. In the event County fails to comply with the performance standards identified within this Agreement, City may begin to withhold Two Hundred Fifty and No/100 Dollars ($250.00) per day until such time as the non-compliance has been corrected to the satisfaction of the City Fire Chief and the County EMS Director. City must provide County EMS Director with a written notice of non-compliance. Said withholdings may begin thirty (30) days after receipt of notice if non-compliance has not been cured.

3.4 Invoices. County shall invoice City monthly, addressed to the City of Clovis Fire Department, 1233 Fifth Street, Clovis, California, 93612, Attention: Fire Chief

3.5 Payment. Payments by City shall be in arrears, for services provided during the preceding month, within forty-five (45) days after receipt and verification of County’s invoices by City Fire. All payments shall be remitted to County at the following address: County of Fresno, Department of Public Health – Emergency Medical Services Division, P.O. Box 11867, Fresno, California, 93775.

3.6 Incidental Expenses. The City is solely responsible for all of its costs and expenses that are not specified as payable by the County under this Agreement.

Term of Agreement

4.1 Term. This Agreement is effective on July 1, 2024 and terminates on June 30, 2027, except as provided in Article 6, “Termination and Suspension,” below.

4.2 Data Upon Termination. When this Agreement terminates, County shall promptly provide City with the data generated through the Fire Dispatching Services provided herein in a commonly usable electronic format.
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Exhibit A
A-4
Notices

5.1 Contact Information. The persons and their addresses having authority to give and receive notices provided for or permitted under this Agreement include the following:

For the County:

Director, Department of Public Health
County of Fresno
P.O. Box 11867
Fresno, CA 93775
[email protected]
Fax: (559) 600-7691
For the City:

City of Clovis
Attn: City Manager
1033 Fifth Street
Clovis, CA 93612

5.2 Change of Contact Information. Either party may change the information in section

5.1 by giving notice as provided in section 5.3.

5.3 Method of Delivery. Each notice between the County and the City provided for or permitted under this Agreement must be in writing, state that it is a notice provided under this Agreement, and be delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document Format (PDF) document attached to an email.
(A) A notice delivered by personal service is effective upon service to the recipient. (B) A notice delivered by first-class United States mail is effective three County business days after deposit in the United States mail, postage prepaid, addressed to the recipient.
(C) A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient.
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Exhibit A
A-5
(D) A notice delivered by telephonic facsimile transmission or by PDF document attached to an email is effective when transmission to the recipient is completed (but, if such transmission is completed outside of County business hours, then such delivery is deemed to be effective at the next beginning of a County business day), provided that the sender maintains a machine record of the completed transmission.

5.4 Claims Presentation. For all claims arising from or related to this Agreement, nothing in this Agreement establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).

Termination and Suspension

6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are contingent on the approval of funds by the appropriating government agency. If sufficient funds are not allocated, then either party may:
(A) Modify the services provided under this Agreement; or (B) Terminate this Agreement by the non-appropriating governmental agency giving the other party at least ninety (90) days advance written notice of an intention to terminate.

6.2 Termination for Breach.
(A) Upon determining that a breach (as defined in paragraph (C) below) has occurred, the County may give written notice of the breach to the City. The written notice may suspend performance under this Agreement, and must provide at least 30 days for the City to cure the breach.
(B) If the City fails to cure the breach to the County’s satisfaction within the time stated in the written notice, the County may terminate this Agreement immediately. (C) For purposes of this section, a breach occurs when, in the determination of the County, the City has:
(1) Obtained or used funds illegally or improperly;
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A-6
(2) Failed to comply with any part of this Agreement;
(3) Submitted a substantially incorrect or incomplete report to the County; or (4) Improperly performed any of its obligations under this Agreement.

6.3 Termination without Cause. Under circumstances other than those set forth above, this Agreement may be terminated by City or County upon giving the other party at least ninety (90) days advance written notice of an intention to terminate.

6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County under this Article 6 is without penalty to or further obligation of the County.

6.5 County’s Rights upon Termination. City shall compensate or provide funding to County for Fire Dispatching Services performed prior to termination of this Agreement. This section survives the termination of this Agreement.

Independent Contractor

7.1 Status. In performing under this Agreement, the County, including its officers, agents, employees, and volunteers, is at all times acting and performing as an independent contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the City.

7.2 Verifying Performance. The City has no right to control, supervise, or direct the manner or method of the County’s performance under this Agreement, but the City may verify that the County is performing according to the terms of this Agreement.

7.3 Benefits. Because of its status as an independent contractor, the County has no right to employment rights or benefits available to City employees. The County is solely responsible for providing to its own employees all employee benefits required by law. The County shall save the City harmless from all matters relating to the payment of County’s employees, including compliance with Social Security withholding and all related regulations.

7.4 Services to Others. The parties acknowledge that, during the term of this Agreement, the County may provide services to others unrelated to the City. 46 AGENDA ITEM NO. 4.
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Indemnity and Defense

8.1 Indemnity by City. The City shall indemnify and hold harmless and defend the County (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the City, or any third party that arise from or relate to the performance or failure to perform by the City (or any of its officers, agents, subcontractors, or employees) under this Agreement. The County may conduct or participate in its own defense without affecting the City’s obligation to indemnify and hold harmless or defend the County.

8.2 Indemnity by County. The County shall indemnify and hold harmless and defend the City (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the City, the County, or any third party that arise from or relate to the performance or failure to perform by the County (or any of its officers, agents, subcontractors, employees, or Provider) under this Agreement. The City may conduct or participate in its own defense without affecting the County’s obligation to indemnify and hold harmless or defend the City.

8.3 Concurrent Negligence. In the event of concurrent negligence on the part of County or any of its officers, agents or employees, or Provider, and of City or any of its officers, agents, or employees, the liability for any and all such claims, demands and actions in law or equity for such costs and expenses (including attorneys’ fees and costs), damages, and losses shall be apportioned under the State of California’s theory of comparative negligence as presently established or as may be modified hereafter.

8.4 Survival. This Article 8 survives the termination of this Agreement.

Insurance

9.1 The Parties shall comply with all the insurance requirements in Exhibit D to this Agreement.
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Inspections, Audits, and Public Records

10.1 Inspection of Documents. During the term of this Agreement and for a period of three (3) years after final payment under this Agreement, each party shall at any time during business hours, and as often as the other party may deem necessary, make available to the other party for examination all of the party’s records and data with respect to the matters covered by this Agreement. During the same period of time, each party shall also, upon request by the other party, permit the other party to audit and inspect all such records and data necessary to ensure the party’s compliance with the terms of this Agreement.

10.2 State Audit Requirements. If the compensation under this Agreement exceeds $10,000, the County is subject to the examination and audit of the California State Auditor, as provided in Government Code section 8546.7, for a period of three years after final payment under this Agreement.

10.3 Public Records. The County is not limited in any manner with respect to its public disclosure of this Agreement or any record or data that the City may provide to the County. The County’s public disclosure of this Agreement or any record or data that the City may provide to the County may include but is not limited to the following:
(A) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose this Agreement to the public or such governmental agency.
(B) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose to the public or such governmental agency any record or data that the City may provide to the County, unless such disclosure is prohibited by court order.
(C) This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure under the Ralph M. Brown Act (California Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950). 48 AGENDA ITEM NO. 4.
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(D) This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure as a public record under the California Public Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section 6250) (“CPRA”).
(E) This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure as information concerning the conduct of the people’s business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
(F) Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or data that the City may provide to the County shall be disregarded and have no effect on the County’s right or duty to disclose to the public or governmental agency any such record or data.

10.4 Public Records Act Requests. If the County receives a written or oral request under the CPRA to publicly disclose any record that is in the City’s possession or control, and which the County has a right, under any provision of this Agreement or applicable law, to possess or control, then the County may demand, in writing, that the City deliver to the County, for purposes of public disclosure, the requested records that may be in the possession or control of the City. Within five business days after the County’s demand, the City shall (a) deliver to the County all of the requested records that are in the City’s possession or control, together with a written statement that the City, after conducting a diligent search, has produced all requested records that are in the City’s possession or control, or (b) provide to the County a written statement that the City, after conducting a diligent search, does not possess or control any of the requested records. The City shall cooperate with the County with respect to any County demand for such records. If the City wishes to assert that any specific record or data is exempt from disclosure under the CPRA or other applicable law, it must deliver the record or data to the County and assert the exemption by citation to specific legal authority within the written statement that it provides to the County under this section. The City’s assertion of any exemption from disclosure is not binding on the County, but the County will give at least 10 49 AGENDA ITEM NO. 4.
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days’ advance written notice to the City before disclosing any record subject to the City’s assertion of exemption from disclosure. The City shall indemnify the County for any courtordered award of costs or attorney’s fees under the CPRA that results from the City’s delay, claim of exemption, failure to produce any such records, or failure to cooperate with the County with respect to any County demand for any such records.

10.5 Retention. Each party shall maintain its records in connection with the respective services referred to under this Agreement. Such records must be maintained for a minimum of three (3) years. Records must also be maintained a minimum of three (3) years after the termination of this Agreement. The party generating the records shall maintain ownership of the records upon termination of this Agreement.

10.6 This Article 10 shall survive the expiration or termination of this Agreement.

General Terms

11.1 Modification. Except as provided in Article 6, “Termination and Suspension,” this Agreement may not be modified, and no waiver is effective, except by written agreement signed by both parties. The City acknowledges that County employees have no authority to modify this Agreement except as expressly provided in this Agreement.

11.2 Non-Assignment. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party.

11.3 Governing Law. The laws of the State of California govern all matters arising from or related to this Agreement.

11.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno County, California. City consents to California jurisdiction for actions arising from or related to this Agreement, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County.

11.5 Construction. The final form of this Agreement is the result of the parties’ combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be 50 AGENDA ITEM NO. 4.
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ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement against either party.

11.6 Days. Unless otherwise specified, “days” means calendar days.

11.7 Headings. The headings and section titles in this Agreement are for convenience only and are not part of this Agreement.

11.8 Severability. If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable terms intended to accomplish the parties’ original intent.

11.9 Nondiscrimination. During the performance of this Agreement, the City shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military status or veteran status pursuant to all applicable State of California and federal statutes and regulation.

11.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation of the City under this Agreement on any one or more occasions is not a waiver of performance of any continuing or other obligation of the City and does not prohibit enforcement by the County of any obligation on any other occasion.

11.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement between the City and the County with respect to the subject matter of this Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Agreement. If there is any inconsistency between the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the terms of the exhibits.
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11.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to create any rights or obligations for any person or entity except for the parties.

11.13 Authorized Signature. The City represents and warrants to the County that:
(A) The City is duly authorized and empowered to sign and perform its obligations under this Agreement.
(B) The individual signing this Agreement on behalf of the City is duly authorized to do so and his or her signature on this Agreement legally binds the City to the terms of this Agreement.

11.14 Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section.
(A) An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an original handwritten signature.
(B) Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.
(C) The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
(D) Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation.
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(E) This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature.

11.15 Counterparts. This Agreement may be signed in counterparts, each of which is an original, and all of which together constitute this Agreement.

Miscellaneous Provisions

12.1 Provider. The parties hereto acknowledge that Provider, or its replacement, if any during the term of the EMS Provider Agreement, will carry out County’s provision of Fire Dispatching Services herein. In the event of any such replacement of Provider, the replacement EMS Provider Agreement will be on substantially the same terms as the EMS Provider Agreement to the extent that it concerns this Agreement, as provided herein.

12.2 Force Majeure.

A. If either party hereto is rendered unable, wholly or in part, by Force Majeure to carry out its obligations under this Agreement, that party shall give to the other party hereto prompt written notice of the Force Majeure with full particulars relating thereto. Thereupon, the obligations of the party giving the notice, so far as they are affected by the Force Majeure, shall be suspended during, but no longer than, the continuance of the Force Majeure, except for a reasonable time thereafter required to resume performance.

B. During any period in which either party hereto is excused from performance by reason of the occurrence of an event of Force Majeure, the party so excused shall promptly, diligently, and in good faith take all reasonable action required in order for it to be able to promptly commence or resume performance of its obligations under this Agreement. Without limiting the generality of the foregoing, the party so excused from performance shall, during any such period of Force Majeure, take all reasonable action necessary to terminate any temporary restraining order or preliminary or permanent injunctions to enable it to so commence or resume performance of its obligations under this Agreement.

C. The party whose performance is excused due to the occurrence of an event of 53 AGENDA ITEM NO. 4.
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Force Majeure shall, during such period, keep the other party hereto notified of all such actions required in order for it to be able to commence or resume performance of its obligations under this Agreement.

D. “Force Majeure” is defined as an Act of God, act of public enemy, war, and other extraordinary causes not reasonably within the control of either of the parties hereto.
[SIGNATURE PAGE FOLLOWS]
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The parties are signing this Agreement on the date stated in the introductory clause.

CITY OF CLOVIS

Lynne Ashbeck, Mayor

John Holt, City Manager
Attn: Fire Chief
1233 5th Street
Clovis, CA 93612

COUNTY OF FRESNO
_________________________________
Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno

Date
Attest:

Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By:

Deputy
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City’s Responsibilities
City shall perform the following functions:
(1) Provide all fire suppression services for all fire suppression calls dispatched by County’s EMS Communications Center requiring City Fire apparatuses. During specific City events (i.e., Fourth of July, times of local disaster, or a large-scale emergency), City may assign a Command Officer to serve as a Temporary Dispatch Liaison to direct the assignment of City Fire resources, at which time deviation from routine dispatch procedures outlined herein will be granted.
(2) Allow City Radio frequencies to be used by County for the purpose of City Fire Dispatching Services.
(3) Consult with County’s Representative in developing and adopting City Fire’s Policies and Procedures relating to dispatch only. City must provide its City Fire’s Policies and Procedures to County’s Representative for review and acceptance that such policies and procedures are substantially consistent with the County’s EMS Communication Center’s Policies and Procedures, and do not create additional workload for staff or impact other programs in the County’s EMS Communications Center.
(4) Provide continuing education and training to County’s EMS Communications Center radio operators and staff regarding the dispatching and management of City Fire resources.
(5) Immediately transfer all calls to City for City Fire calls for service to County’s EMS Communications Center.
(6) City shall provide County with data that includes the exact times that EMS and City calls for service are received at City’s Police Department Communications Center (or other point of City contact, if any) and transferred to County’s EMS Communications Center. (7) Participate in an internal quality improvement program, which includes the participation of County and Provider.
(8) Provide operation and maintenance of all radio and computer equipment in City Fire apparatuses and fire stations.
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(9) Be responsible for all costs associated with maintaining telecommunication lines and equipment between City and EMS Communications Center. 57 AGENDA ITEM NO. 4.
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County’s Services
County shall be responsible for and provide each of the following:
(1) Provide to City dispatching services for fire suppression calls requesting or otherwise requiring response by City Fire apparatuses, which may include dispatching of nontransport first responder services, (collectively, the “City Fire Dispatching Services”). County shall provide City Fire Dispatching Services in accordance with the terms and subject to the conditions set out in this Agreement and using personnel of required skill, experience and qualifications.
(2) Select, configure, install, and maintain all dispatching equipment, hardware, software (including software licenses), and other technologies, except for radio infrastructure purchased by City, which will be utilized for triage and entry of information for City Fire Dispatching Services in County’s EMS Communications Center computer-aided dispatch (“CAD”) system. All dispatching equipment, hardware, software (including software licenses), and other technologies purchased and/or obtained under this Agreement shall be the sole property of County. The Parties hereby acknowledge that County’s provision of City Fire Dispatching Services does not include any County provision of fire suppression services, and that County is providing City Fire Dispatching Services to City on a non-exclusive basis. (3) Provide all City Fire Dispatching Services through County’s EMS Communication Center through City Fire’s radios and electronic communications in accordance with City Fire’s Policies and Procedures related to dispatch only (“City Fire’s Policies and Procedures”) and as reviewed and accepted by County’s EMS Director or designee (the “County’s Representative”), as further provided in Paragraph (2) of Exhibit A herein. (4) Provide approved pre-arrival instructions to callers requesting City Fire Dispatch Services.
(5) Provide inter-agency coordination regarding requests for fire suppression service, mutual aid and auto aid services, and order specialized fire equipment from City or other agencies (e.g., hazardous materials equipment, or rescue) which may be needed to 58 AGENDA ITEM NO. 4.
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manage an incident, and perform other related duties, all in accordance with City Fire’s Policies and Procedures.
(6) Track all activity of City Fire’s apparatuses utilizing the County’s EMS Communications Center CAD system.
(7) Develop and maintain processes which assist in dispatching signatories to City automatic aid agreements to include those agencies outside the County’s EMS Communications Center. Such processes include Automatic Vehicle Location (“AVL”), unit status and some form of CAD to CAD process where call information is automatically shared between agencies regardless of dispatch center location. In the event an automatic aid agency outside County’s EMS Communications Center is unable to provide unit AVL and unit status, the Parties agree to meet and confer on how to implement and determine cost sharing to receive this information.
(8) Provide notification to chief officers and duty officers as needed for applicable emergency incidents using phone, email, text or other contemporary method of messaging according to City Fire’s Policies and Procedures. (9) Provide CAD software which is capable of tracking City’s closest fire unit, real-time call data/updates, GIS, radio channel, incident location, and resources. (10) Provide the ability to send response-time data or additional required CAD data to the fire reporting software known as Fire Records Management System (“Fire RMS”).

The Fire RMS data shall include date and time call received in the secondary Public Safety Answering Point (“PSAP”) (i.e., EMS Communications phone pickup), unit alert, unit enroute, unit arrival and unit available, for all units assigned to the call. In addition, it shall send incident location, grid and call nature.
(11) Record all telephone and radio transmissions and provide instant playback as needed. County shall retain recordings for a minimum of four (4) years from the date of recording.
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(12) Provide any and all reports at the request of City; provided, however, County must be given reasonable time to develop custom ad hoc reports or reports that are not already developed.
(13) County shall provide a radio operator, who is able to dispatch City Fire’s apparatuses twenty-four (24) hours a day, seven (7) days a week meeting the one hundred and twenty (120) second total Alarm Handling (TAH) as outlined below. In addition, the goal is for the CLOVIS radio channel to be answered in no more than two attempts. During specific City events (i.e., Fourth of July, times of local disaster, or a large scale emergency), City Fire may assign a Command Officer to serve as a Temporary Dispatch Liaison to direct the assignment of City Fire resources, at which time deviation from routine dispatch procedures outlined herein will be granted. County shall ensure that dispatch staff shall be trained in the National Academy of Emergency Dispatch at the Emergency Fire Dispatcher level or substitute training with approval of City Fire. County shall coordinate emergency services with other public safety answering points (PSAP).
(14) Provide a minimum of one (1) dispatch supervisor who shall be on duty at County’s EMS Communications Center twenty-four (24) hours a day, seven (7) days a week and available to City’s on-duty fire administration as needed. (15) Maintain an up-to-date manual of City Fire’s Policies and Procedures (subject to review by County’s Representative, as provided in Paragraph (3) of Exhibit A herein) for all dispatch staff, and provide training and continuing education of dispatch staff as needed. (16) It is the intent of both parties to achieve the recommendations outlined in the National Fire Protection Association (“NFPA”) Standard 1221 for the immediate dispatch of a fire apparatus. The Total Alarm Handling (TAH) time will be measured from the time the telephone is answered by the call taker at EMS Communications Center to the time that the first fire apparatus is alerted to the incident either by radio, telephone, station alerting device or any other mutually agreed upon method of alerting. The TAH times shall be one hundred and twenty (120) seconds or less in a minimum of ninety percent (90%) of incidents. The TAH time measurement will exclude reassigned responses and other situations beyond the County’s EMS 60 AGENDA ITEM NO. 4.
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Communications Center control. County shall review all cases in which dispatches are over one hundred and twenty (120) seconds, and results will be evaluated for improvement opportunities by the Fire Dispatch Continuous Quality Improvement (“CQI”) Committee. The Parties agree to meet and confer to refine the list of situations stated hereinabove where one hundred and twenty (120) second call processing may not be achievable. Modifications may be made to said list of situations upon written mutual agreement between County’s EMS Director or designee, and City’s Fire Chief or designee.
(17) Provide monthly reports on City key performance measures and other areas as agreed upon by the Parties.
(18) Provide necessary support staff to respond within ten (10) days of a City request for changes in CAD system, including GIS updates, response criteria, update of street layers, CAD/mobile software updates, protocols and CAD/RMS interface(s). (19) Develop a formal quality improvement process that identifies problems by the field, formalizes a tracking mechanism, provides feedback to the sender, determines solutions, establishes timelines for correction, shares the information with all dispatch personnel and formalizes a CQI review of dispatcher performance.
(20) County and City will work together with the State of California-CAL OES 911 Emergency Communications Branch in order to maintain a secondary Public Safety Answering Point (PSAP) designation for FIRE.
(21) County will track all 9-1-1 call data related to FIRE operations (fire/EMS/rescue/hazmat, etc.), that would qualify for State of California-CAL OES 911 Emergency Communications Branch funding as a secondary PSAP. (22) If 9-1-1 funds are received by State of California-CAL OES 911 Emergency Communications Branch for the FIRE secondary PSAP designation, the City agrees to allow County to use said funds to enhance FIRE dispatch operations in accordance with the State of California-CAL OES 911 Emergency Communications Branch funding guidelines. (23) Throughout the life of this Agreement, City Fire and County will continue to discuss refinement of the list of situations stated hereinabove where one hundred and twenty 61 AGENDA ITEM NO. 4.
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(120) second call processing may not be achievable. Modifications may be made to said list of situations upon written mutual agreement between County’s EMS Director, or designee, and City’s Fire Chief, or designee.
62 AGENDA ITEM NO. 4.

Exhibit C
D-1
Compensation
The County will be compensated for performance of its services under this Agreement as provided in this Exhibit C. The County is not entitled to any compensation except as expressly provided in this Exhibit C.

County will be compensated according to the following schedule:

Payment Month Payment
Amount
1 Oct 2024 $97,318.25
2 Jan 2025 $97,318.25
3 Apr 2025 $97,318.25
4 Jul 2025 $97,318.25
5 Oct 2025 $108,996.50
6 Jan 2026 $108,996.50
7 Apr 2026 $108,996.50
8 Jul 2026 $108,996.50
9 Oct 2026 $120,986
10 Jan 2027 $120,986
11 Apr 2027 $120,986
12 Jun 2027 $120,986
63 AGENDA ITEM NO. 4.

Exhibit D
D-1
Insurance Requirements

1. Required Policies
Without limiting the indemnification of each party as stated in Article 8 above, it is understood and agree that City and County shall maintain, at their sole expense, the following insurance policies or self-insurance programs including, but not limited to, an insurance pooling arrangement and/or Joint Powers Agreement to fund their respective liabilities through the term of this Agreement:
(A) Commercial General Liability. Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.

Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. Each party shall obtain an endorsement to this policy naming the other party, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by each party is excess only and not contributing with insurance provided under the other party’s policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.

Coverage must include any auto used in connection with this Agreement. (C) Workers Compensation. Workers compensation insurance as required by the laws of the State of California with statutory limits.

2. Additional Requirements
(A) Verification of Coverage for City. Within 30 days after the City signs this Agreement, and at any time during the term of this Agreement as requested by the County’s Risk Manager or the County Administrative Office, the City shall deliver, or cause its broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno, California 93721, or [email protected], and by mail or email to the person identified to receive notices under this Agreement, certificates of insurance and endorsements for all of the coverages required under this Agreement. (i) Each insurance certificate must state that: (1) the insurance coverage has been obtained and is in full force; (2) the County, its officers, agents, employees, and volunteers are not responsible for any premiums on the policy; and (3) the City has waived its right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under any insurance policy required by this Agreement and that waiver does not invalidate the insurance policy. (ii) The commercial general liability insurance certificate must also state, and include an endorsement, that the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, are additional insureds insofar as the operations under this Agreement are concerned. The commercial general liability 64 AGENDA ITEM NO. 4.

Exhibit D
D-2
insurance certificate must also state that the coverage shall apply as primary insurance and any other insurance, or self-insurance, maintained by the County shall be excess only and not contributing with insurance provided under the City’s policy.
(iii) The automobile liability insurance certificate must state that the policy covers any auto used in connection with this Agreement.
(B) Verification of Coverage for County. Within 30 days after the County signs this Agreement, and at any time during the term of this Agreement as requested by the City, the County shall deliver, or cause its broker or producer to deliver, to the City, certificates of insurance and endorsements for all of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been obtained and is in full force; (2) the City, its officers, agents, employees, and volunteers are not responsible for any premiums on the policy; and (3) the County has waived its right to recover from the City, its officers, agents, employees, and volunteers any amounts paid under any insurance policy required by this Agreement and that waiver does not invalidate the insurance policy.
(ii) The commercial general liability insurance certificate must also state, and include an endorsement, that the City of Clovis, its officers, agents, employees, and volunteers, individually and collectively, are additional insureds insofar as the operations under this Agreement are concerned. The commercial general liability insurance certificate must also state that the coverage shall apply as primary insurance and any other insurance, or self-insurance, maintained by the City shall be excess only and not contributing with insurance provided under the County’s policy.
(iii) The automobile liability insurance certificate must state that the policy covers any auto used in connection with this Agreement.
(C) Acceptability of Insurers. All insurance policies required under this Agreement must be issued by admitted insurers licensed to do business in the State of California and possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VII.
(D) Notice of Cancellation or Change. For each insurance policy required under this Agreement, each party shall provide to the other party, or ensure that the policy requires the insurer to provide to the other party, written notice of any cancellation or change in the policy as required in this paragraph, not less than 30 days in advance of cancellation or change.
(E) County’s Entitlement to Greater Coverage. If the City has or obtains insurance with broader coverage, higher limits, or both, than what is required under this Agreement, then the County requires and is entitled to the broader coverage, higher limits, or both.

To that end, the City shall deliver, or cause its broker or producer to deliver, to the County’s Risk Manager certificates of insurance and endorsements for all of the 65 AGENDA ITEM NO. 4.

Exhibit D
D-3
coverages that have such broader coverage, higher limits, or both, as required under this Agreement.
(F) Waiver of Subrogation for City. The City waives any right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under the policy of worker’s compensation insurance required by this Agreement. The City is solely responsible to obtain any policy endorsement that may be necessary to accomplish that waiver, but the City’s waiver of subrogation under this paragraph is effective whether or not the city obtains such an endorsement.
(G) Waiver of Subrogation for County. The County waives any right to recover from the City, its officers, agents, employees, and volunteers any amounts paid under the policy of worker’s compensation insurance required by this Agreement. The County is solely responsible to obtain any policy endorsement that may be necessary to accomplish that waiver, but the County’s waiver of subrogation under this paragraph is effective whether or not the County obtains such an endorsement.
(H) County’s Remedy for City’s Failure to Maintain. If the City fails to keep in effect at all times any insurance coverage required under this Agreement, the County may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure, or purchase such insurance coverage, and charge the cost of that coverage to the City.
(I) City’s Remedy for County’s Failure to Maintain. If the County fails to keep in effect at all times any insurance coverage required under this Agreement, the City may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure, or purchase such insurance coverage, and charge the cost of that coverage to the County.
(J) Subcontractors. The City shall require and verify that all subcontractors used by the County to provide services under this Agreement maintain insurance meeting all insurance requirements provided in this Agreement.
66 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: General Services Department
DATE: May 6, 2024
SUBJECT: General Services – Approval – Res. 24-___, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Lead Accounting Systems Technician Classification with a Salary Range of $6,984 to $8,489 per month, and Approval – Res. 24-___, Amending the City’s FY 23-24 Position Allocation Plan.

ATTACHMENTS: 1. Res. 24-___ Classification and Compensation Plan

2. Res. 24-___ Position Allocation Plan

RECOMMENDATION
For City Council to approve a resolution authorizing amendments to the City’s Classification and Compensation Plans by adopting the Lead Accounting Systems Technician with a Salary Range of $6,984 to $8,489 per month, and approve a resolution amending the City’s FY 23-24 Position Allocation Plan by deleting one (1) Senior Accounting Systems Technician position and adding one (1) Lead Accounting Systems Technician position in the Finance Department.

EXECUTIVE SUMMARY
After analyzing the Senior Accounting Systems Technician position, it has been determined that a lead position is needed. This analysis revealed that a lead position, which combines education and experience with increased supervisory duties, is necessary due to the City's growth.

Currently, the Finance Department is authorized for four (4) Senior Accounting Systems Technician positions. It is recommended that the City's Position Allocation Plan be amended to add one (1) Lead Accounting Systems Technician position and eliminate one (1) Senior Accounting Systems Technician position in the Finance Department. Council approval is required for changes to the Classification, Compensation, and Position Allocation Plans. 67 AGENDA ITEM NO. 5.

BACKGROUND
Personnel recently conducted a classification review of the Senior Accounting Systems Technician position within the Finance Department, assessing its responsibilities and tasks. The evaluation identified the necessity for a lead position due to the nature and scope of duties performed by the Senior Accounting Systems Technician, particularly in payroll functions, which involve more substantial supervisory and monitoring responsibilities compared to other positions in this class. These changes reflect the evolving needs within the Department, driven by the City's growth and the increased complexity of coordinating payroll responsibilities.

It is recommended that the new classification be assigned to the Clovis Confidential Technical and Financial Professionals (CTFP) bargaining unit for employee representation. CTFP representatives are supportive of the assignment of the classification to the CTFP employee bargaining unit.

FISCAL IMPACT
The fiscal impact of salary and benefits for the remainder of FY 23-24 is approximately an additional $675. There are adequate funds in the Finance Department budget to cover the costs of this position for this fiscal year.

REASON FOR RECOMMENDATION
The addition of one (1) Lead Accounting Systems Technician position and the elimination of one (1) Senior Accounting Systems Technician position reflects the level of responsibility needed of staff in the Finance Department. Approval from the Council is necessary for any changes to the City Classification, Compensation, and Position Allocation Plans.

ACTIONS FOLLOWING APPROVAL
Personnel staff will update the City’s Classification, Compensation and Position Allocation Plans with the addition of the Lead Accounting Systems Technician. The position vacancy will be filled through a promotional recruitment.

Prepared by: Lori Shively, Deputy General Services Director Reviewed by: City Manager AH
68 AGENDA ITEM NO. 5.

ATTACHMENT 1
RESOLUTION 24-

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

ADOPTING A LEAD ACCOUNTING SYSTEMS TECHNICIAN CLASSIFICATION

IN THE FINANCE DEPARTMENT
WHEREAS, it has been determined that the City has a need for a Lead Accounting Systems Technician classification to provide the necessary support to the Finance Department; and
WHEREAS, it has been determined that the appropriate salary range for the Lead Accounting Systems Technician is $6,984 to $8,489 per month; and WHEREAS, it has been determined that it is appropriate to assign the Lead Accounting Systems Technician to the Clovis Confidential Technical and Financial Professionals (CTFP) bargaining unit.

NOW THEREFORE, BE IT RESOLVED that the City of Clovis will modify the City’s Classification and Compensation Plans to include the Lead Accounting Systems Technician classification (Attachment A) with a monthly salary range of $6,984 to $8,489 per month. * * * * * *
The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 6, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 6, 2024
___________________________ __________________________
Mayor City Clerk

69 AGENDA ITEM NO. 5.

ATTACHMENT A
City of Clovis

LEAD ACCOUNTING SYSTEMS TECHNICIAN
Salary $6,984 - $8,489 monthly

DEFINITION
Under general supervision, participate, coordinate, assign, and monitor the operations of the assigned functional area; including, but not limited to: lead supervision of employees in the same class or subordinates; perform a variety of technical and administrative tasks; and to perform related work as required.

CLASS CHARACTERISTICS
Positions in this class act as a lead supervisor to Senior Accounting Systems Technicians, while participating fully in the work assignment. Positions in this classification direct, monitor, and correct the work of others. Incumbents act as a resource person to all City employees in their area of responsibility; perform work that has some variation and range of choice which requires a higher skill level in the application of the work assignment. Incumbents are expected to refer to the supervisor for instruction for matters which do not fit a clear pattern.

EXAMPLES OF DUTIES
Lead, train, review, coordinate, provide work direction, and participate in Senior Accounting System Technician duties of the assigned area; instruct relevant staff in area of work assignment; check and correct work of City personnel. Lead responsibilities entailing such duties as assigning and reviewing work, setting priorities, training, and documenting work methods and procedures. Monitor and coordinate workflow and assure the timely completion of duties assigned to the area of responsibility. Performs a wide range of complex accounting and financial information data analysis work; creates and maintains financial records; develops procedures for increased efficiency, prepares reconciliations; prepares finance related Federal, State, and local reports regarding payroll, employee demographic, and census data; answers payroll-related questions from employees; provides payroll and system training and guidance to employees; ensures proper authorization and compliance with city policies and procedures; responsible for auditing and verification of time cards for accuracy and compliance with various MOUs, policies, procedures, and FLSA; maintains the process for history files for employees for salary and benefits, including authorized payroll deductions; maintains accounting records to reflect personnel transactions and position control such as changes in pay rates, classification or departmental assignment, new hires, and separations from payroll; reconciles detailed records of employee earnings, deductions, and leave usage; updates finance system data source table structure; provides technical assistance and guidance to city personnel; creates and maintains periodic reports on a regularly scheduled or request basis; develops procedural and training manuals on financial and computer system applications; conducts research and analysis on finance system related issues; operates a city vehicle, operates computer equipment, calculators, and other office equipment; and performs related work as required.
70 AGENDA ITEM NO. 5.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid California driver’s license and a good driving record.

EDUCATION AND EXPERIENCE
Education:
 Graduation from an accredited college or university with a Bachelor’s Degree in Public Administration, Business Administration, Finance, or a related field.  In lieu of the required education, additional experience may be substituted on a yearfor-year basis, with one year of experience equaling thirty semester units.

AND
Experience:
 Three (3) years’ experience of increasingly responsible experience in performing technical accounting duties comparable to that of a Senior Accounting System Technician.
 Experience in training and/or supervising personnel.

QUALIFICATIONS
Knowledge of:
 Principles and practices of general and governmental accounting;  Financial analysis and research procedures;
 Data processing systems and procedures as they apply to financial record keeping;  Personal computer applications;
 Applicable Federal, State and local laws, rules, policies and procedures and their effect on City processes and financial software applications;  Personnel training methods;
 Payroll tax preparation and reporting;
 Payroll Laws and regulations;
 Negotiation agreements and State retirement rules and processes;  Modern office equipment and procedures;
 English usage, spelling, grammar and punctuation; and  Business math;
Ability to:
 Establish, analyze, and troubleshoot accounting systems, issues, and procedures;  Classify fiscal documents and transactions;
 Perform journey level accounting and financial record keeping work;  Prepare clear, concise, analytical reports;
 Facilitate importing and exporting of data to and from financial system;  Clearly articulate instructions to non-technical users;  Create and maintain procedure manuals(s) for the position;  Create and maintain calculation codes and tables in financial software;  Create and implement efficiencies in staff processes; 71 AGENDA ITEM NO. 5.
 Perform statistical analysis and auditing;
 Interpret and implement specific project accounting and fiscal requirements; procedures and policies;
 Implement new and updated software solutions within financial area of expertise;  Direct other departments and subordinates regarding variances, exceptions and other accounting issues;
 Plan and coordinate the work of subordinates;
 Maintain the confidentiality of privileged information;  Operate a 10-key by touch;
 Operate a computer terminal accurately and efficiently;  Plan, schedule, set priorities, and make work assignments;  Operate a vehicle observing legal and defensive driving practices;  Establish and maintain effective relationships with those contacted in the course of work, both internally and externally;
 Perform difficult and complex assignments involving independent judgement and develop effective courses of action;
 Direct, monitor, and correct the work of others;
 Evaluate the performance of employees;

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Strength: Light work-Lifting, carrying and/or pushing 25 pounds maximum with frequent lifting and/or carrying of objects weighing up to 25 pounds.  Incumbent in this classification is designated as confidential under the Meyers-Milias Brown Act.
 Incumbent may be required to travel within and out of the City to attend meetings.  Incumbent may be required to work overtime or weekends.

72 AGENDA ITEM NO. 5.

ATTACHMENT 2
RESOLUTION 24-

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 23-24 Position Allocation Plan in the Finance Department was approved as part of the FY 23-24 City Budget adoption process; and WHEREAS, a review of the staffing needs for the Finance Department indicates that adding one (1) Lead Accounting Systems Technician and removing (1) Senior Accounting Systems Technician is needed in order to provide the necessary support for the Finance Department; and
WHEREAS, amending the City’s adopted FY 23-24 Position Allocation Plan requires City Council authorization.

NOW THEREFORE, BE IT RESOLVED by the City of Clovis that the City’s FY 23- 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 May 6, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 6, 2024
___________________________ __________________________
Mayor City Clerk

73 AGENDA ITEM NO. 5.

ATTACHMENT A
POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 2023-2024

DEPARTMENT NUMBER OF POSITIONS
Finance
Add: Lead Accounting System Technician 1.0
Delete: Senior Accounting Systems Technician 1.0
74 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: General Services Department
DATE: May 6, 2024
SUBJECT: General Services – Approval – Res. 24-___, Amending the City’s FY 2023-2024 Position Allocation Plan by adding one (1) Senior Management Analyst Position and removing (1) Fire Administrator Position within the Fire Department.

ATTACHMENTS: 1. Resolution 24-___ Position Allocation Plan

RECOMMENDATION
For City Council to approve a resolution amending the City’s FY 2023-2024 position allocation plan by adding one (1) Senior Management Analyst position and removing one (1) Fire Administrator position within the Fire Department.

EXECUTIVE SUMMARY
The Management Analyst incumbent in the Fire Department has been assigned significant additional duties and responsibilities beyond the scope of the current classification. A Fire Administrator classification was budgeted for the 2023-2024 fiscal year, but the position was not filled. Consequently, it is appropriate to re-class the position from Management Analyst to Senior Management Analyst. It is recommended that the City’s Position Allocation Plan be amended to add one (1) Senior Management Analyst position and eliminate one (1) Fire Administrator position in the Fire Department. Council approval is required for changes to the Position Allocation Plan.

BACKGROUND
Personnel has recently evaluated the responsibilities and work being performed by a Management Analyst in the Fire Department as part of a classification review. The nature and scope of duties currently performed by the Management Analyst incumbent is at a depth/breath greater than the current classification encompasses. This reflects evolutions within the 75 AGENDA ITEM NO. 6.

Department associated with City growth, the incumbent’s skill set, and the level of work necessary to effectively coordinate projects and programs. The incumbent is now performing duties more in line with a Senior Management Analyst that includes direct supervision over two administrative support staff. The incumbent directs, evaluates, and coordinates the workload of the administrative staff, performs complex administrative duties, and oversees special projects for the Department, which are beyond the scope of a Management Analyst.

The Fire Department recommended a conversion from Management Analyst to Fire Administrator in the 2023-2024 budget before the creation of the Senior Management Analyst classification and included the additional funds in the budget. Due to the creation of the Senior Management Analyst classification the Fire Administrator classification is not needed.

FISCAL IMPACT
The addition of the Senior Management Analyst position and the elimination of the Fire Administrator position do not result in any changes to the Fire Department budget.

REASON FOR RECOMMENDATION
The addition of one (1) Senior Management Analyst position and the elimination of one (1) Fire Administrator meet the needs of the Fire Department and its staff responsibilities. The reclassification and position allocation change require Council approval.

ACTIONS FOLLOWING APPROVAL
The position allocation for the Fire Department will be modified as noted in Attachment 1A.

Prepared by: Lori Shively, Deputy General Services Director Reviewed by: City Manager AH
76 AGENDA ITEM NO. 6.

ATTACHMENT 1
RESOLUTION 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S FY 2023-2024 POSITION ALLOCATION PLAN WHEREAS, the FY 2023-2024 Position Allocation Plan in the Fire Department was approved as part of the FY 2023-2024 City Budget adoption process; and WHEREAS, a review of the staffing needs for the Fire Department indicates that the addition of one (1) Senior Management Analyst position and the removal of one (1) Fire Administrator is needed in order to provide the necessary support for the Fire Department; and
WHEREAS, amending the City’s adopted FY 2023-2024 Position Allocation Plan requires City Council authorization.

NOW THEREFORE, BE IT RESOLVED that the City of Clovis shall amend the City’s FY 2023-2024 Position Allocation Plan 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 May 6, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 6, 2024
___________________________ __________________________
Mayor City Clerk

77 AGENDA ITEM NO. 6.

ATTACHMENT A
POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 2023-2024

DEPARTMENT NUMBER OF POSITIONS
Fire
Add: Senior Management Analyst 1.0
Remove: Fire Administrator 1.0

78 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: May 6, 2024
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP 22-06 Test Hole at Reservoir T-10 Site.

ATTACHMENTS: 1. Vicinity Map

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

EXECUTIVE SUMMARY
The scope of the project consisted of furnishing all permits, materials, labor, equipment, fuel, tools, transportation, services and incidentals for the drilling, soil sampling, and logging of a test hole, sieve analyses, construction, water sampling, zone testing, and test-hole abandonment in accordance with the project specifications at the future site of City Reservoir T-10, located in the southeast area of Willow and Behymer Avenues, on the property north of Derrel’s Mini Storage.

BACKGROUND
There were no bid proposals received from the bid opening that took place on October 25, 2022.

On February 26, 2023, the City Council authorized the City Manager to award and execute the contract to Strickland Enterprises, Inc., who staff negotiated a price with after the bid opening.

The project was completed in accordance with the construction documents and the contractor has submitted a request for acceptance of the project.
79 AGENDA ITEM NO. 7.

FISCAL IMPACT

1. Award $178,023.21

2. Contract Change Orders $0.00

3. Liquidated Damages Assessed $0.00
___________
Final Contract Cost $178,023.21
The project is funded by the Water Capital – Enterprise fund through the City Community Investment Program.

REASON FOR RECOMMENDATION
The Public Utilities Department, the City Engineer, the Engineering Inspector, and the Project Engineer agree that the work performed by the contractor is in accordance with the construction documents and has been deemed acceptable. The contractor, Strickland Enterprises, Inc. has requested final acceptance from the City Council.

ACTIONS FOLLOWING APPROVAL

1. The Notice of Completion will be recorded; and

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

Prepared by: Karl Lenhof, Engineering Inspector
Reviewed by: City Manager AH
80 AGENDA ITEM NO. 7.

Attachment 1
81 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: May 6, 2024
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 23- 27, Temperance Avenue Street Improvements to Dave Christian Construction in the amount of $979,231.08; 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 23-27, Temperance Avenue Street Improvements – to Dave Christian Construction in the amount of $979,231.08; 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 Dave Christian Construction Co., Inc, who was the lowest responsible bidder from a bid opening that took place on April 9, 2024.

The project includes furnishing all labor, materials, services and equipment; performing all work necessary as specified for, but not limited to, street rehabilitation of an approximately ±0.33 mile of existing Temperance Avenue from Herndon Avenue to State Route 168. The work includes full depth removal of AC pavement and replacing in areas of severe structural failure, adjusting utility boxes and manhole lids to grade, reconstructing damaged curb and gutters, installing detector loops, and striping to match the existing of Temperance Avenue. 82 AGENDA ITEM NO. 8.

BACKGROUND
The following is a summary of the bids received on April 9, 2024:

BIDDERS BASE BID
Dave Christian Construction $ 979,231.08
Cal Valley Construction $1,109,887.80
Avison Construction $1,143,183.00
ENGINEER’S ESTIMATE $1,021,066.00
All bids were examined, and the bidder’s submittals were found to be in order except for a few minor arithmetic errors on a bid which did not change the order of the bidders. Dave Christian Construction is the lowest responsible bidder. Staff has validated the lowest bidder contractor’s license status, bid bond and completeness of grant funding paperwork.

FISCAL IMPACT
This project was budgeted in the 2023-2024 Community Investment Program. The project is supported by Surface Transportation Block Grant Program (STBG) through the City Community Investment Program.

REASON FOR RECOMMENDATION
Dave Christian Construction 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: Nate Stava, Project Engineer
Reviewed by: City Manager AH
83 AGENDA ITEM NO. 8.

Attachment 1
84 AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 6, 2024
SUBJECT: Planning and Development Services - Approval - Res. 24-____, a request to adopt a resolution approving the initiation of a general plan amendment and rezone for the Infill Rezone Program; and Approval – Res. 24-____, a request to adopt a resolution authorizing the City Manager to execute a consultant agreement between the City of Clovis and Rincon Consultants, Inc., for preparation of an environmental assessment and related services.

ATTACHMENTS: 1. Resolution 24-___, Initiation of the Infill Rezone Program

2. Resolution 24-___, Consultant Agreement

RECOMMENDATION
Staff recommends that the City Council adopt a resolution initiating a general plan amendment and rezoning applications for the Infill Rezone Program and adopt the resolution authorizing the City Manager to execute a consultant agreement between the City of Clovis and Rincon Consultants, Inc. (Rincon), for the preparation of an environmental assessment and related services.

EXECUTIVE SUMMARY
Pursuant to the terms of the Judgment recently entered in the Martinez v. City of Clovis case [Fresno County Superior Court Case No. 19CECG03855] (the “Judgement”), the City is required to complete an Infill Rezone Program to rezone multiple sites throughout the City to the R-3 (Multifamily High Density) or R-4 (Multifamily Very High Density) zone districts to provide approximately 1,284 affordable housing dwelling units. The project will also include amendments to the general plan designation for each of the affected sites to ensure consistency between the general plan designation and the zoning classification. As part of the Program, the preparation of an environmental assessment is required. Rincon Consultants has been selected to perform the required work, a scope and cost proposal have been obtained, and staff is recommending the City Manager be authorized to execute a consultant services agreement. 85 AGENDA ITEM NO. 9.

BACKGROUND
Infill Rezoning Program Initiation
On February 20, 2024, Council approved a settlement agreement in conjunction with the Martinez v. City of Clovis litigation and the agreement has since been approved by the court and Judgement has been entered. This requires the City to complete an Infill Rezone Program, which will rezone several sites within the City to the R-3 (Multifamily High Density) or R-4 (Multifamily Very High Density) zone districts. The rezoning of the sites will create capacity for affordable housing. The sites to be rezoned will also be required to change general plan land use designations to be consistent with the updated zoning. This will require the project to include general plan amendments for the sites.

As part of the settlement agreement and subsequent Judgement, 24 candidate sites for the Program were identified. However, as more detailed analysis of each site is completed, it is possible that some of the parcels may need to be removed and be replaced to maintain the required capacity of approximately 1,284 housing units.

The rezoning and general plan amendment applications will be processed as a single program affecting multiple sites. Both applications will be presented to the Planning Commission to receive the Commission’s recommendation before being brought back to the Council for final consideration. Public outreach for the Infill Rezoning Program will include the following components:
 Staff will reach out to the individual property owners included in the Program to inform them of the inclusion of their property in the Program and to answer any questions.  Two general community meetings will be scheduled to provide information to the public in conformance with the City’s policy on general plan amendment applications. One meeting will be held before the Planning Commission meeting, and the second will be held between the Commission and Council meetings.
 For each public hearing conducted by the Commission and Council, a one-eighth page public notice will be published in the Fresno Business Journal pursuant to state law. (A one-eighth page public notice is used in lieu of direct mailing when the number of owners to whom notice would be mailed is greater than 1,000.)
Environmental Assessment Consultant Agreement
As part of the Infill Rezone Program, the City must prepare an environmental assessment that complies with Government Code Section 65759(b). This provision of state law specifies that certain court-ordered projects and activities, such as the Infill Rezoning Program, are not subject to the California Environmental Quality Act. However, an environmental assessment is still required, with a scope very similar to what a draft environmental impact report would provide.

The City has requested and received a proposal from Rincon Consultants to prepare the required environmental assessment. The proposal (Attachment 2A) for the preparation of the 86 AGENDA ITEM NO. 9.
environmental assessment is $295,387. This amount includes an optional Local Transportation Analysis and a 10% Contingency.

Rincon was selected from the City’s list of authorized environmental consultants that was established for the Planning and Development Services (PDS) Department. The list was created through a competitive request for qualifications (RFQ) process, which resulted in a total of 10 firms being pre-qualified to perform in-depth environmental reviews for both public and private projects. The RFQ process is repeated, and the list of authorized consultants is refreshed, every two years. The most recent list was prepared in December of 2023. This process allows the City to select a firm and negotiate a scope of work and cost from any consultant on the list. Rincon was selected because of the familiarity of their team with the Clovis area and their experience with environmental assessments prepared pursuant to Government Code Section 65759(b).

Though the selection of a firm from the authorized list is consistent with City’s practices, it varies from the City’s standard purchasing policies. As such, a waiver of formal bidding requirements is included in the recommended resolution.

FISCAL IMPACT
Simultaneous with the development of the 2014 General Plan, the Council instituted a financing mechanism to support long-term and strategic planning endeavors. This mechanism involves the collection of fees tied to the valuation of the construction in progress, encompassing all building permits. This revenue stream offers adequate funding to cover the expenses associated with the preparation of the environmental assessment.

REASON FOR RECOMMENDATION
Staff is seeking City Council authorization for the City to initiate the Infill Rezone Program and to enter into an agreement with Rincon for the preparation of an environmental assessment required for the Infill Rezone Program. Authorization to proceed as requested would allow the preparation of the environmental assessment and technical studies to begin and meet the required timelines established in the settlement agreement and subsequent Judgement.

ACTIONS FOLLOWING APPROVAL
The City Manager will execute the agreement with Rincon and staff will begin working on the Infill Rezone Program. After conclusion of the environmental assessment, it is anticipated that the City Council will consider the Infill Rezone Program between late 2024 and mid 2025 in conformance with the timelines established in the settlement agreement and subsequent Judgement.

Prepared by: McKencie Perez, Senior Planner
Reviewed by: City Manager AH
87 AGENDA ITEM NO. 9.

Attachment 1
RESOLUTION 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT AND REZONE

APPLICATION FOR THE CITY OF CLOVIS INFILL REZONE PROGRAM WHEREAS, the City Council of the City of Clovis (City) desires to provide safe and quality affordable housing for lower income households in the City with the creation of new affordable housing programs; and
WHEREAS, pursuant to the terms of the Judgment recently entered in the Martinez v.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis initiates the rezone and general plan amendment applications for the Infill Rezone Program pursuant to the terms of the Judgment entered in the Martinez v. City of Clovis case [Fresno County Superior Court Case No. 19CECG03855].
88 AGENDA ITEM NO. 9.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 6, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
89 AGENDA ITEM NO. 9.

Attachment 2
RESOLUTION 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTANT AGREEMENT WITH RINCON CONSULTANTS, INC. FOR THE PREPARATION OF AN

ENVIRONMENTAL ASSESSMENT FOR THE INFILL REZONE PROGRAM
WHEREAS, pursuant to the terms of the Judgment recently entered in the Martinez v.

City of Clovis case [Fresno County Superior Court Case No. 19CECG03855] (the “Judgement”), the City is required to complete an Infill Rezone Program to rezone multiple sites throughout the City to the R-3 (Multifamily High Density) or R-4 (Multifamily Very High Density) zone districts to provide approximately 1,284 affordable housing dwelling units; and WHEREAS, the general plan land use designation for the parcels included in the Infill Rezoning Program will also be amended to the High Density Residential or Very High Density Residential land use designations to be consistent with the R-3 or R-4 zoning classification, respectively; and
WHEREAS, the City Council of the City of Clovis (City) initiated rezone and general plan amendment applications for the Infill Rezone Program; and WHEREAS, the City requires assistance from an external consulting firm to assist with the preparation of an environmental assessment and related services for purposes of analyzing potential environmental effects, related to the Infill Rezone Program pursuant to Government Code section 65759(b); and
WHEREAS, a list of City-authorized environmental consultants was established in December of 2023 through a competitive request for qualifications (RFQ) process, which resulted in a total of 10 firms being pre-qualified to perform in-depth environmental reviews for both public and private projects; and
WHEREAS, Rincon Consultants, Inc. (Rincon), was selected from the City’s list of authorized environmental consultants to prepare the required environmental assessment based on their experience with the preparation of environmental assessments and technical studies for similar projects and their familiarity with the required scope of work. 90 AGENDA ITEM NO. 9.

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

1. In conjunction with the use of the City’s list of authorized environmental consultants for the preparation of an environmental assessment for the Infill Rezone Program, the City’s standard bidding requirements are waived.

2. The consultant agreement with Rincon attached hereto as Attachment A addressing the preparation of an environmental assessment and related services is approved and the City Manager is authorized to execute the consultant agreement. * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 6, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
91 AGENDA ITEM NO. 9.

CITY OF CLOVIS

CONSULTANT SERVICE AGREEMENT

INFILL REZONE PROGRAM
This Consultant Services Agreement ("Agreement") is entered into between the City of Clovis, a California general law city ("City") and Rincon Consultants, Inc. ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on ____________ ("Effective Date").

RECITALS
A. City desires to obtain planning and environmental study services ("Services") for the proposed Infill Rezone Program (“Project”) as more fully described in the Scope of Work for the Project (Exhibit A), and Budget for the Project (Exhibit B), which are incorporated herein by reference.

B. Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.

C. City desires to retain Consultant, and Consultant desires to provide the City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibits A and B. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.

2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement conflict with Exhibits A or B, the terms of this Agreement shall control. No contractual terms and/or conditions found in Exhibits A or B shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant.

3. Term of Agreement; Commencement of Services; Schedule. The term of this Agreement shall commence on the Effective Date, and Consultant shall begin performing the Services on that date, unless otherwise instructed by City. The Services shall proceed in accordance with the Task Schedule set forth in Exhibits A and B, and Consultant shall continue with the Services until satisfactorily completed, as determined by City. The Task Schedule shall be subject to modification based on the City’s operational needs. City will notify Consultant in advance of any modification to the Task Schedule.

4. Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement according to the rate(s) stated in Exhibit B. The individual budget amounts for each task, and the cumulative budget totals, paid by City to Consultant shall not exceed the amounts set forth in Exhibit B. The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement.

Attachment A
92 AGENDA ITEM NO. 9.

Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and amounts expended to date. After receipt of Consultant’s monthly invoice, City shall make payment to Consultant within thirty (30) days after receipt of invoice.

Should the City decide to abandon the Project, City and Consultant shall work cooperatively together to terminate the Services or otherwise negotiate amendments to this Agreement.

5. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business. Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.

7. Identity of Subcontractors and Sub-Consultants. Consultant shall, before commencing any work under this Agreement, provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors.

Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City's permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.

10. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes.

Consultant shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Consultant under this Agreement.

11. Ownership and Inspection of Documents. All data, tests, reports, analyses, documents, records, 93 AGENDA ITEM NO. 9.
conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

12. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

13. City Name and Logo. Consultant shall not use City's name or insignia, photographs relating to the City projects or work for which Consultant's services are rendered, or any publicity pertaining to the Consultant's Services under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.

16. City Right to Employ Other Consultants. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Consultant, this Agreement and performance of the Services are non-exclusive and City reserves the right to employ other consultants in connection with the Services while this Agreement is in effect.

17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:
a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Consultant. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise.
b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach.
94 AGENDA ITEM NO. 9.
c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon termination of this Agreement, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever.

18. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit C.

19. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Consultant or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business tax certificate from City and pay the applicable annual business registration tax to City during the term of this Agreement.

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.

22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
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c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery. d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.

23. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

25. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities. Evidence of Consultant’s authority is attached as Exhibit D.

28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

31. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by 96 AGENDA ITEM NO. 9.
the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

32. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

33. Performance Requirements. Notwithstanding, and in addition to the provisions of, Section 17 of this Agreement, if the Services performed hereunder are not in conformity with the requirements of this Agreement and other pertinent documents, City shall have the right to require Consultant to correct the work in conformity with the requirements of this Agreement at no additional increase in the payment to Consultant. Consultant shall promptly correct the work rejected by City for failing to conform to the requirements of the Agreement. Remedy for non-compliance or non-performance shall commence within 24 hours of notice. City shall also have the right to require Consultant to take all necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement. In the event Consultant fails to correct the work or fails to take necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.

Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.

CONSULTANT CITY OF CLOVIS
By: __________________________ By: ______________________________ Matt Maddox, Principal John Holt, City Manager
Date: __________________ Date: ______________________
By: __________________________
Megan Jones, Principal
Date: __________________
Party Identification and Contact Information:

Consultant City of Clovis
Rincon Consultants, Inc. Planning and Development Services Department Attn: Eric VonBerg, Project Manager Attn: McKencie Perez, MPA, Senior Planner 7080 North Winery Avenue, Suite 101 1033 Fifth Street
Fresno, CA 93720 Clovis, CA 93612
[email protected] [email protected] (559) 721-6063 (559) 324-2310
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ATTEST
_______________________________
__________, City Clerk

APPROVED AS TO FORM
_______________________________
Scott G. Cross, City Attorney
J:\wdocs\00607\145\AGT\00851862.DOC
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EXHIBIT A

SCOPE OF WORK
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EXHIBIT A
www.rinconconsultants.com
Clovis Infill Rezone Program Environmental Assessment
Background
The City of Clovis has entered into a settlement agreement with Desiree Martinez regarding the City of Clovis’ Housing Element. Rincon has been requested to prepare an Environmental Assessment in conformance with California Government Code Section 65759 to evaluate an increased capacity for affordable housing dwelling units in Clovis.

Project Description
The project involves a General Plan Amendment and rezoning on 54 acres across 24 parcels to create the capacity to provide approximately 1,284 affordable housing dwelling units as described in the settlement agreement between Desiree Martinez and the City of Clovis. The 24 parcels have been identified in Exhibit 2 of the settlement agreement and attached for reference. Our analysis will include the identification and assessment of up to five additional parcels to study as optional parcels if needed, or as part of an alternative in the EA. This is included in the below scope of work.

Scope of Work
Rincon’s scope of work and methodology is described below to conform to the requirements of Government Code Section 65759 to prepare an EA and required technical studies needed to inform the EA. The EA will assess impacts programmatically to evaluate the broad policy implications of the proposed GPA and zone change and to identify strategies to avoid or mitigate potentially significant environmental effects. Our impact analysis will substantively evaluate growth-inducing, indirect/secondary, and cumulative impacts, specifically estimating and comparing the expected longterm development patterns supported by the project for each impact category.

Though the EA is not a “CEQA” document under section 65759, the structure of the document, the scope of the analysis, and the thresholds of significance used in the EA will closely resemble that which would be used in comparable EIR.

Task 1 Preparation of Project Description
Rincon will prepare a preliminary Project Description with the City-provided data mapping the opportunity sites to be rezoned and the potential residential density of those sites (dwelling units per acre), along with development of a project alternative in addition to the no project alternative. This scope of work assumes that City staff will conduct one round of review of the Project Description and provide consolidated, non-contradictory comments and edits.

Task 2 Project Management
Throughout the EA process, Rincon will proactively identify issues, immediately bring those issues to the attention of City staff, identify potential solutions, and coordinate with City staff as to the best course of action. Rincon will participate in 30-minute project management conference calls as needed with the project team to ensure that all tasks get completed on time to adhere to the agreed-upon schedule. Rincon will use email communications and have telephone/videoconference conversations with City staff, as needed, during the course of the project to ensure clear communication. Rincon has included budget for three in-person meetings at the City of Clovis attended by the Rincon Project Manager. Rincon assumes the attendance at 15 virtual meetings with City staff throughout the length of the project with a billable time of one hour each to include preparing agendas and meeting 100
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minutes/notes. Rincon will prepare monthly invoices with status reports documenting the progress made each month on completing the project, and review and update the schedule when necessary.

Task 3 Technical Studies
In support of the project’s EA compliance requirements, Rincon will conduct focused assessments of the following environmental topics of concern. For Air Quality & Greenhouse Gas Emissions, Noise, and Biological Resources, the analyses described below will be summarized in the corresponding EA section(s); separate technical reports will not be prepared. For Cultural Resources and Transportation, separate technical reports will be prepared and attached to the EA as appendices. City of Clovis is providing Rincon the Water Supply Assessment (WSA) that will be included as an appendix as well.

Task 3.1 Air Quality & Greenhouse Gas Emissions
The air quality and greenhouse gas (GHG) emissions analyses will consider temporary construction and long-term operational emissions from buildout of the project area. The analysis will be conducted with consideration of the approaches to the air quality and GHG emissions sections in the City’s 2014 General Plan Environmental Impact Report (EIR). This will include summarizing the existing air quality conditions in the air basin using data from nearby air monitoring stations available from the California Air Resources Board and the San Joaquin Valley Air Pollution Control District (SJVAPCD). The state of the climate and relevant federal, state, and local climate change regulations will be described, with GHGs identified as an area of primary concern. This section will summarize federal, state, and local standards and regulatory review requirements pertinent to air quality and GHG emissions and evaluate the significance of air quality and GHG impacts per SJVAPCD standards.

The project’s operational and construction emissions will be addressed qualitatively by referencing their increase over the plan-level models conducted in the 2014 General Plan EIR. No air quality or GHG modeling is proposed. The analysis will also evaluate potential odor impacts through buildout of the project area; evaluate the project’s compliance with applicable Air Quality Management Plans; evaluate the project’s compliance with applicable State and local GHG reduction plans, policies, and regulations; and develop mitigation measures for identified potentially significant air quality and GHG impacts. Mitigation measures from the City’s 2014 General Plan EIR will potentially be used and/or modified depending on the impact findings.

Task 3.2 Noise
The noise section of the EA will be conducted in accordance with City of Clovis guidelines, standards, and ordinances. The analysis will be conducted with consideration of the noise section in the City’s 2014 General Plan EIR. The existing setting will describe existing ambient and traffic noise levels, and a discussion of existing airport noise levels based on available data from the General Plan and other sources. No ambient noise measurements are proposed. The noise analysis will examine both temporary construction noise and long-term operational noise. Construction noise and vibration impacts associated with buildout of the plan area will be addressed qualitatively. The project’s traffic noise will be addressed qualitatively by referencing the project’s increase over the models conducted in the 2014 General Plan EIR; no traffic noise modeling is proposed. Noise impacts from nontransportation sources will be evaluated on a programmatic level, qualitatively based on local noise standards. Feasible mitigation measures will be identified to minimize noise and vibration impact; mitigation measures from the City’s 2014 General Plan EIR will potentially be used. 101
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Task 3.3 Biological Resources
The project sites support a mixture of residential and commercial development, and vacant land, and may support special-status species such as burrowing owl, and Swainson’s hawk, among others. As part of the biological resources analysis, Rincon will collect regional background information on biological resources that could be affected by the project. The collected information will include database queries (e.g., California Natural Diversity Database [CNDDB], California Native Plant Society, U.S. Fish and Wildlife Service, National Wetland Inventory), reviews of regional planning documents (including the City’s 2014 General Plan EIR), and information provided by City staff. Given the programmatic nature of the analysis, this scope of work does not include site specific biological surveys, or reconnaissance site visits to any of the parcels.

The biological setting section will describe the regulatory framework, vegetation communities per the California Wildlife Habitat Relationships classifications, waters and wetlands, and special-status species occurrences and habitats. Rincon will compile results from database queries in an appendix to the EA and summarize the results and findings within the EA section. The impact analysis will include a description of methodology, a summary of land use changes that may result in impacts to biological resources, consistency with the City’s 2014 General Plan EIR, and avoidance and mitigation measures, as appropriate.

Task 3.4 Cultural Resources
The following cultural subtasks will be billed under Task 3.4 Cultural Resources Evaluation.

California Historical Resources Information System Records Search Rincon will conduct a California Historical Resources Information System (CHRIS) records search of the project site and a .50-mile radius at the Southern San Joaquin Valley Information Center (SSJVIC) located at California State University Bakersfield. The primary purpose of the records search is to identify previously recorded cultural resources known to exist within or near the project site. In addition to the resource records and reports, an examination will be made of historical maps, the National Register of Historic Places, California Register of Historical Resources, the Built Environment Resources Directory, the Archaeological Determinations of Eligibility list, and the listing of California Historical Landmarks. The records search will also reveal the nature and extent of any cultural resources work conducted in or near the project site. Direct expenses associated with the records search will not exceed $3,500. Record search requests at SSJVIC are typically fulfilled in 4-6 weeks.

Native American Heritage Commission Sacred Lands File Request Rincon will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) search. The SLF search will indicate whether recorded Sacred Lands are present within the vicinity of the project site. The NAHC will also provide a list of Native American contacts for the project.

This does not constitute Assembly Bill 52 or Senate Bill 18 consultation.

Cultural Resources Technical Report
Rincon will prepare a Cultural Resources Technical Report that will present findings, recommendations, and impact assessments. The report will follow the California Office of Historic Preservation’s Archaeological Resource Management Reports (ARMR): Recommended Contents and Format and will provide applicable environmental and cultural contexts for the project site and vicinity, outline the regulatory framework within which impacts to cultural resources will be analyzed, present the methods and results of the CHRIS records search, archival research, desktop archaeological 102
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sensitivity analysis of the parcels and the potential to encounter subsurface prehistoric or historicperiod archaeological resources during construction. The report findings will include recommendations for additional work or mitigation measures, if any are deemed necessary.

Rincon assumes one (1) round of comments. Deliverables will be provided in electronic format (PDF and/or Word). A copy of the final report will be filed with the SSJVIC.

Senate Bill 18 Letter Assistance Package
Under SB 18 (California Government Code Section 65352.3 and 65352.4), the CEQA lead agency, is required to begin consultation with California Native American Tribes that are traditionally and culturally affiliated with the project site, prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. SB 18 notification process will be prepared and carried out by City staff.

Assumptions
• Tribal consultation pursuant to AB 52 is not included. • The cultural resources assessment will be negative for cultural resources. • No field survey will be required, and no resources will be recorded or evaluated for inclusion in the California Register of Historical Resources or National Register of Historic Places.

Task 3.5 Transportation
The scope of work from Kittleson for the transportation portion of the EA will focus on required CEQA elements consistent with Appendix G of the CEQA Guidelines in line with the requirements of GC 65759 for the preparation of an EA. Specifically, CEQA Guidelines § 15064.3, subdivision (b)(1), that states for land use projects, “Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact.”
Kittelson will develop a travel forecast by coordinating with Rincon to verify appropriate factors to convert acreages of various land use designations to quantities of housing units by type.

Kittelson will apply the Fresno County activity-based travel model maintained by the Fresno Council of Governments (Fresno COG) to provide travel forecasts for two new scenarios:
• Existing plus Project: Base Year (2019) with Proposed Infill/General Plan Amendment • Cumulative with Project: 2046 with Proposed Infill/General Plan Amendment Kittelson will provide inputs to air quality, GHG and noise analyses. Typical transportation data items are listed below.

Air Quality and Greenhouse Gas Emissions Analysis Inputs • Average daily vehicle trips in Clovis without and with the project • Total daily VMT in Clovis without and with the project Noise Analysis Inputs
• Average daily vehicle traffic volumes on key road segments in Clovis (up to 20) without and with the project Task 3 Deliverables
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EA Evaluation
Consistent with Appendix G of the CEQA Guidelines, the proposed Infill Rezone and General Plan Amendment will have a significant impact on the environment associated with transportation and circulation if it will:
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities;
b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (a); c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment); d) Result in inadequate emergency access.

VMT Analysis
CEQA Guidelines § 15064.3, subdivision (b)(1), states for land use projects, “Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact.” Kittelson will report the following VMT statistics for the Fresno County region and the City of Clovis:
• Total daily VMT
• Household-based VMT per capita at household locations The VMT per capita calculations will be consistent with the guidance from the California Office of Planning and Research (OPR) “Technical Advisory on Evaluating Transportation Impacts in CEQA.” Kittelson will coordinate with Rincon and city staff to determine the appropriate impact thresholds to use for VMT analysis. One type of threshold that has been used for other General Plans is to demonstrate that development under the proposed Infill Rezone/General Plan Amendment would result in lower VMT per capita than the current General Plan. Average daily vehicle traffic volumes on key road segments in Clovis (up to 20) without and with the project Kittelson will provide inputs to the EA transportation section including the following listed below: They will provide an administrative draft to inlcude in the Adminstritative Draft EA and respond to any edits to include in the Screencheck EA.

EA Documentation
Kittelson will provide inputs to the EA transportation section or a stand-alone memorandum including the following:
• Essential updates to the Transportation Setting text from the prior General Plan EIR, not including any new data collection, data analysis or mapping
• Updates to the Regulatory Setting section to incorporate changes in State law • New Impacts and Mitigation section consistent with the current CEQA checklist for transportation impacts
Kittelson will provide an initial administrative draft EA section and revise the section in response to Rincon review. Kittelson will then provide the transportation section for the Administrative Draft EA.

Kittelson will respond to one set of comments from the city staff review of the administrative draft EA, 104
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as compiled by Rincon. Kittelson will provide a revised transportation section for the Draft EA and a comment/response matrix to document how city staff comments were addressed.

Task 3.6 Local Transportation Analysis (Optional)
Kittelson will prepare a Local Transportation Analysis (LTA) for the infill sites to address circulation issues that are not required for CEQA.

Because of the widely dispersed locations and unknown site plans for the housing sites, it is not practical to provide detailed traffic operations analysis at specific locations or project access points.

Therefore, the LTA will be based on the road segment capacity analysis that is documented in the June 2014 EIR for the Clovis General Plan, Appendix A. The following process will be used:
• – Road segments will be selected for analysis if the General Plan EIR reported them at LOS D, E or F in the Year 2035 plus Proposed General Plan conditions in either the AM or PM peak hour • The total increments of traffic growth caused by the proposed infill housing sites will be identified for these study segments based on the differences between the 2046 traffic forecasts without and with the proposed Infill/General Plan Amendment
• The total road segment traffic volumes will be estimated by adding the growth increments to the volumes reported in the General Plan EIR
• The total road segment volumes will be compared to the level of service thresholds reported in the General Plan EIR
• Capacity issues will be reported for two cases:
o LOS D becomes LOS E or worse
o The proposed housing units add traffic to segments that would be LOS E or worse without the additional housing
Where capacity issues are identified, potential mitigation will be proposed and compared to the city’s Capital Improvement Program and the General Plan Circulation Element.

Kittelson will prepare a memorandum documenting the LTA and supporting calculations. Kittelson will respond to one set of comments on the draft LTA memorandum and prepare a final LTA memorandum.

Task 4 Environmental Assessment
Task 4.1 Administrative Draft Environmental Assessment
Rincon will prepare an Administrative Draft EA in compliance with California Government Code Section 65759 requirements, utilizing the information developed from the technical studies listed above to address identified environmental impacts based on the project description developed for the project.

Each topical section in the environmental analysis will be introduced with a brief statement of its context in the EA.

The setting for each topical section will describe existing conditions relevant to the topic and provide the groundwork for impact analysis. Rincon will clearly state the thresholds used to determine the significance of project impacts and will include thresholds as described in and consistent with the CEQA Guidelines, Appendix G, City guidelines (as applicable), and existing regulatory standards, where applicable.

For each potentially significant impact identified in the Administrative Draft EA, Rincon will identify feasible mitigation measures to avoid or reduce identified impacts. 105
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To prepare an EA that meets the needs of the City and complies with Government Code Section 65759, the EA will include the following sections:

1. Executive Summary. This section will provide a summary of the entire EA, including a summary of impacts and mitigation measures in matrix format.

2. Introduction and Environmental Setting. The introduction will describe the purpose of the EA, the scope of issues to be addressed, and present the organization of the report.

3. Project Description. The project description will contain the City’s objectives for the project; a summary of goals, policies, programs, and development regulations; and graphical depiction of the proposed housing sites.

4. Analysis, Impacts, and Mitigation Measures. Analysis of impacts will include four main components:

4.1. Setting: description of current conditions with respect to the issue in question, including the existing regulatory environment.

4.2. Impact analysis: discussion of potentially significant effects of the proposed project; impacts are typically compared to established “thresholds of significance.”

4.3. Programmatic mitigation measures: methods by which significant effects can be reduced or eliminated.

4.4. Level of significance after mitigation: discussion of whether proposed mitigation measures would reduce impacts to less than significant.

5. Effects Found Not to be Significant. This section will address the potential environmental effects of the project that were determined not to be significant. We anticipate that this section will include a discussion on Agriculture and Forestry Resources, Mineral Resources, and Wildfire.

6. Alternatives. Using the Alternatives considered under Task 1 above, the EA will consider two alternatives to the proposed project, including the “no project” alternative. The alternatives analysis will be less detailed than the project analysis but will identify the magnitude of each impact and associated mitigation requirements.

Rincon’s Project Manager will discuss approaches to the impact analysis for the EA with City staff. The approach will be consistent with the assumptions and methodologies used in recent EIRs in the City to the extent warranted. In general, the impact analysis will focus on the environmental issues and resource concerns present in the City and likely to be affected or impacted by the Clovis Infill Rezone Program. We anticipate that the EA will examine the following issue areas in detail:

Aesthetics
Agriculture/Forestry
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hydrology and Water Quality
Hazards and Hazardous Materials
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services and Recreation
Transportation
Tribal Cultural Resources
Utilities and Service Systems
Wildfire
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Task 4.2 Screencheck Environmental Assessment
Rincon will incorporate City staff input into the Administrative Draft EA. This scope of work assumes that City staff will conduct one round of review of the Administrative Draft EA and provide consolidated, non-contradictory comments and edits. Rincon will incorporate appropriate revisions and meet with the City if needed to discuss comments. Rincon will prepare a clean copy of the Screencheck Draft EA in a pdf format. A track changes version can be provided if requested.

Task 4.3 Final Environmental Assessment
Upon receiving final edits on the Screencheck EA from City staff, the team will prepare the Final EA for the City. Rincon will provide a complete PDF digital version of the EA (including appendices) for City use. We will also provide to the City the Word files used to create the complete pdf version. The Word files are not for publishing or releasing to the public.

Task 4.4 Mitigation Monitoring and Reporting Program
Concurrent with Final EA, Rincon will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be included in the Final EA. The MMRP will be provided in a format designed for use by planners, environmental monitors, or code enforcement officers. Essentially, this plan will take the form of a detailed table that describes:

1. Persons/agencies responsible for monitoring compliance with each condition

2. Timing when monitoring must occur

3. Frequency of monitoring

4. Criteria to be used to determine compliance with conditions Task 5 Public Hearing
We have budgeted for participation at two public hearings on the project. This is assumed to be one Planning Commission and one City Council hearing to update them on the project and receive input.

For the public hearing, Rincon will be prepared to discuss any environmental recommendations.

Additional public hearings will be billed on a time and materials basis, per Rincon’s billing rates in effect at the time the service is provided.
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EXHIBIT B

BUDGET AND TASK SCHEDULE
To be provided with final agreement
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EXHIBIT C

INSURANCE REQUIREMENTS
Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City. a. Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:
(i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $2,000,000.00 per occurrence or claim and $2,000,000 in the aggregate. Said insurance shall be maintained for an additional period of five years following the earlier of completion of Consultant’s Services under this Agreement or termination of this Agreement.
(ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (iii) Worker's Compensation Insurance as required by the State of California. (iv) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).
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(ii) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iv) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Any deductibles or self-insured retentions must be declared to and approved by the City of Clovis Risk Services. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.
d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement.
e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement. 110
AGENDA ITEM NO. 9.

EXHIBIT D

SIGNING AUTHORITY
To be provided with final agreement
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AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 6, 2024
SUBJECT: Planning and Development Services - Approval - Res. 24-____, a request to adopt a resolution approving the initiation of a general plan amendment and ordinance amendment to adjust the existing density ranges for multi-family residential development in the General Plan and Development Code.

ATTACHMENTS: 1. Resolution 24-___, Initiation of GPA and OA

RECOMMENDATION
Staff recommends that the City Council adopt a resolution initiating a general plan amendment application and an ordinance amendment application to modify the existing density ranges for multi-family residential development.

EXECUTIVE SUMMARY
The initiation of a general plan amendment and ordinance amendment are required in accordance with the terms of the Judgment recently entered in the Martinez v. City of Clovis case. The City is specifically required to amend the R-3 (Multifamily High Density) zone district to increase the minimum permitted density from 15 to 20 units per acre. To avoid a gap in residential density ranges, an adjustment to the R-2 (Multifamily Medium-High Density) zone district to increase the maximum density from 15 to 20 units is also recommended. Amendments to the corresponding general plan designations for both zone districts are necessary to ensure consistency between general plan designations and zoning classifications. The amendments to be initiated by the proposed action are outlined below in the table below.

General Plan Designation | Zone District Current Density Amended Density Medium-High Density | R-2: 7.1 – 15.0 du/ac 7.1 – 20.0 du/ac High Density | R-3: 15.1 – 30.0 du/ac 20.1 – 30.0 du/ac 112
AGENDA ITEM NO. 10.

BACKGROUND
R-3 Zone District Minimum Density
On February 20, 2024, the City Council approved a settlement agreement in conjunction with the Martinez v. City of Clovis litigation and the agreement has since been approved by the court and Judgement has been entered. This requires the City to amend its R-3 zone district to increase the minimum permitted density from 15 units per acre to 20 units per acre. The current density range is 15-30 units per acre. The modified density range is proposed to be 20-30 units per acre.

R-2 Zone District Maximum Density
The current density range for the R-2 zone district is 7-15 units per acre. With the required increase to the R-3 minimum density to 20 units per acre, there would be a gap between the topend of the R-2 District (15 units) and the bottom of the R-3 District (20 units). To avoid this gap in density ranges, and to maintain the opportunity for projects to be developed between 15 and 20 units per acre, an increase to the maximum density of the R-2 zone district from 15 to 20 units is recommended. The modified density range is proposed to be 7-20 units per acre.

Amendments to General Plan Land Use Designations
While the Martinez v. City of Clovis Judgement specifically addresses zoning, the underlying general plan designations that correspond to the zone districts described above also need to be modified so that there is consistency between the zoning and the General Plan. The density permitted in the H (High Density Residential) general plan designation will need to amended to match the new R-3 density (20-30 units per acre). The density in the MH (Medium-High Density Residential) general plan designation will need to be amended to match the new R-2 density (7- 20 units per acre).

REASON FOR RECOMMENDATION
Staff is seeking City Council initiation of a general plan amendment and ordinance amendment to modify multi-family land use designations and zoning classifications. The proposed changes are required in conjunction with the terms of the Judgment recently entered in the Martinez v.

City of Clovis case.

ACTIONS FOLLOWING APPROVAL
Staff will prepare the general plan and ordinance amendment materials and schedule public hearings for consideration by the Commission and Council. The terms of the Judgement require that the modifications be completed no later than July 31, 2024.

Prepared by: Dave Merchen, City Planner
Reviewed by: City Manager AH
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AGENDA ITEM NO. 10.

Attachment 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT AND ORDINANCE

AMENDMENT TO ADJUST THE EXISTING DENSITY RANGES FOR MULTI-FAMILY

RESIDENTIAL DEVELOPMENT IN THE GENERAL PLAN AND DEVELOPMENT CODE WHEREAS, the City Council of the City of Clovis (City) desires to provide safe and quality affordable housing for lower income households in the City with the creation of new affordable housing programs; and
WHEREAS, pursuant to the terms of the Judgment recently entered in the Martinez v.

City of Clovis case [Fresno County Superior Court Case No. 19CECG03855] (the “Judgement”), the City is required to amend its R-3 zone district to increase the minimum permitted density from 15 units per acre to 20 units per acre; and
WHEREAS, to avoid a gap in density ranges that would otherwise result from the increase to the minimum density to the R-3 zone district, an increase in the maximum density of the R-2 zone district from 15 to 20 units is desired; and WHEREAS the underlying general plan designations that correspond to the R-2 and R3 zone districts need to be modified so that there is consistency between the zoning and the General Plan.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis initiates general plan amendment and ordinance amendment applications to modify the densities in the R-2 and R-3 zone districts and the corresponding Medium-High Density Residential and High Density Residential general plan designations.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 6, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
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AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: Police Department
DATE: May 6, 2024
SUBJECT: Police – Approval – Annual Review of Ordinance 22-03, Clovis Police Department Policy 706, and the Annual Military Equipment Use Report ATTACHMENTS: 1. Ordinance 22-03

2. Policy 706 of the Clovis Police Department Policy Manual

3. Annual Military Equipment Use Report

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

EXECUTIVE SUMMARY
Staff recommends that the City Council approve the Military Equipment Use Policy, Policy 706 of the Clovis PD Policy Manual, and the Annual Military Equipment Use Report. The Policy and ordinance must be renewed to allow the Department to continue using existing military equipment in the Department’s inventory and acquire new equipment for operational needs. The proposed Policy 706, Ordinance, and Annual Military Equipment Report comply with the requirements of AB 481.

AB 481 requires law enforcement agencies to obtain approval from the applicable governing body, of an ordinance adopting a military equipment use policy, prior to obtaining, acquiring, and using military equipment. “Military equipment” is defined to include, without limitation, the following equipment: unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, flashbangs, and foundational equipment, such as rifles. This equipment is used as a component of overall best practices for law enforcement agencies throughout the country. Losing the ability to use this equipment would jeopardize the welfare of citizens and peace officers within the City.
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There is a significant interest in ensuring that the Department continues to have access to equipment that provides the Department as many resources as possible to safeguard lives, ensure safety, and protect civil liberties. The use of military equipment is crucial to the Department’s mission and will continue to be strictly regulated through internal processes and oversight, transparency, and City Council and public review.

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

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

Policy 706 includes an inventory of each piece of equipment identified in Government Code section 7070 that is currently owned by the City, and the current use and cost of each piece of equipment. The equipment has been appropriately used in accordance with applicable legal requirements before enactment of AB 481. The Department has not identified a reasonable alternative to the equipment listed in Policy 706 that can achieve the same objective of officer and civilian safety. Policy 706 also allows for other law enforcement agencies to use military equipment when assisting in Clovis as long as the assisting agency has a similar military equipment use policy adopted by its governing body.

As required by AB 481, the proposed Policy 706 has been posted on the Department’s website.

If Policy 706 is re-approved, it will remain posted and publicly available on the Department’s website.

Once Policy 706 is approved, AB 481 requires the Department to annually submit a military equipment report for each approved type of military equipment to the City Council for as long as the military equipment is available for use. Additionally, the Department must make each annual report publicly available on its website for as long as the equipment is available for use. The annual report must be presented to and reviewed by the City Council at a regular meeting each year, and the City Council must determine at the annual meeting whether each type of military equipment identified in the report continues to comply with the standard of approval, and determine whether to renew the ordinance approving Policy 706.

Future acquisition of any equipment deemed to be “military equipment” will comply with applicable funding and procurement requirements.

FISCAL IMPACT
None.
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AGENDA ITEM NO. 11.

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

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

Prepared by: Craig Aranas, Police Lieutenant
Reviewed by: City Manager AH
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AGENDA ITEM NO. 11.

ORDINANCE 22-03

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

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

SECTION 1. Findings.

The City Council finds:

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

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

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

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

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

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

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

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

ATTACHMENT 1
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AGENDA ITEM NO. 11.

SECTION 2. Determinations.

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

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

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

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

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

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

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

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

APPROVED: April 18, 2022
Mayor Pro Tern
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AGENDA ITEM NO. 11.

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

AYES: Councilmembers Ashbeck, Mouanoutoua, Whalen
NOES: None
ABSENT: Councilmember Besslnger, Mayor Flores
ABSTAIN: None
DATED: May 9, 2022
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AGENDA ITEM NO. 11.

Policy Clovis Police Department
706 Clovis Police Department Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1 .1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The elected or appointed body that oversees the Department.

Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, excluding unarmored all-terrain vehicles and dirt bikes. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld,ram designed to be operated by one person. • Firearms and ammunition of fifty (.50) caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than fifty (.50) caliber, including firearms and accessories identified as assault weapons pursuant to Penal Code section 30510 and Penal Code section 30515, with exception of standard department issued firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools, including, but not limited to, grenades.
• Munitions containing tear gas or oleoresin capsicum (OC), excluding standard, Department-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and Long-Range Acoustic Devices (LRADs).
• Kinetic energy weapons and munitions, including, but not limited to, projectile launchers, bean bag rounds, and rubber bullets.

Published with permission by Clovis Police Department Military Equipment - 440 ATTACHMENT 2
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Clovis Police Department
Clovis Police Department Policy Manual
Military Equipment
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the policy of the Clovis Police Department that members of this department comply with the provisions of Government Code § 7071.
706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Clovis Police Department (Government Code § 7071 ). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying military equipment for the Department:

See attachment: Military Equipment List.pdf
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting this military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least thirty (30) days prior to any public hearing concerning the military equipment at issue (Government Code § Copyright Lexipol, LLC 2023/02/06, All Rights Reserved.

Published with permission by Clovis Police Department
Military Equipment - 441
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Clovis Police Department
Clovis Police Department Policy Manual
Military Equipment
7071 ). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071 ):
(a) Requesting military equipment made available pursuant to Title 10 of the United States Code section 2576a.
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
( c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment maybe used by any other law enforcement agencies or members in this jurisdiction if such military equipment has been approved for use in accordance with this policy.

Military equipment used by other law enforcement agencies that are providing mutual aid or assistance to this jurisdiction shall comply with their respective military use policies in rendering mutual aid or assistance.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for Department use. The report shall include all information required by Government Code section 7072 for the preceding calendar year for each type of military equipment in department inventory.
706.8 COMMUNITY ENGAGEMENT
Within thirty (30) days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, Copyright Lexipol, LLC 2023/02/06, All Rights Reserved.

Published with permission by Clovis Police Department Military Equipment - 442 123
AGENDA ITEM NO. 11.

Attachment Clovis Police Department Policy Manual
Clovis Police Department Policy Manual
Military Equipment List.pdf
Copyright Lexipol, LLC 2023/02/06, All Rights Reserved.

Published with permission by Clovis Police Department Military Equipment List.pdf- 618 124
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Military Equipment

1. Mobile Command Vehicle (MCV) -A vehicle used as a mobile dispatch center and/or office that provides heated and cooled shelter, a source of electricity and lighting, access to Department computer systems, and a place for department members to meet at the scene of a critical incident, pre- planned event, natural disaster, or community event. a. Description quantity, capabilities, and purchase cost b.

The MCV is custom built by the Farber Company on a 2 axel Freightliner Chassis that had an initial cost of $542,608 in 2006. The single unit (1) has a chassis motor which propels the vehicle and a generator which powers all internal electrical components and can provide external power to additional lights or equipment as necessary. The MCV has two full dispatch terminals, space for up to 7 additional workstations, and multiple divider doors that can break up the space into five separate rooms. The MCV has three dedicated cell phone lines and 5 sets of radios that can communicate with all surrounding agencies on both UHF and VHF frequencies.

Purpose
To be used at the scene of any pre planned event, community event, critical event, or natural disaster where a portable office, dispatch center, heated or cooled shelter, supplemental power source and/or meeting location is needed. c. Authorized use
d. Lifespan
Only staff trained in the deployment and operation of the MCV may operate it.

Only members that have a California Class B driver's license with air brake endorsement may drive the vehicle.

The MCV has a 30-year lifespan on the chassis and vehicle. Upgrades on technology inside the vehicle will be on an as needed basis. e. Fiscal Impact
f. Training
Annual maintenance cost is approximately $1,500.00
The drivers shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver will drive the vehicle throughout the city with an experienced driver. 1 125
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g.

The driver shall also undergo California Department of Motor Vehicle commercial vehicle testing.

Legal and Procedural Rules
Use shall be in accordance with California State law regarding the operation of motor vehicles.

2. Crisis Negotiation Team (CNT) Vehicle- A vehicle used as a mobile office that provides shelter, access to the Police Department computer systems, and facilities on extended events. a. Description, quantity, capabilities, and purchase cost 2007 General Motors 4500 Utilimaster (custom built) vehicle, cost: $149,654, quantity: 1 The CNT vehicle can be utilized with SWAT/CNT callouts and for community events.
b. Purpose
To be utilized for critical incident callouts and community events. c. Authorized Use
d.
e.
f.
g.

Lifespan
The CNT vehicle is used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license.

The CNT vehicle has a 30-year lifespan on a chassis and vehicle.

Fiscal Impact
Training
Annual maintenance, $600.

Once completing a closed training course, the operator will drive the vehicle throughout the city with an experienced driver.

Legal and Procedural Rules
Use shall be in accordance with California State law regarding the operation of motor vehicles.
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3. Unmanned Aircraft System {UAS): An unmanned aircraft alongwith the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI MAVIC MINI, cost: $500 each, quantity: 12. Miniature UAS that weighs approximately 249 grams and can record video and audio with approximately 30 minutes of flight time.
ii. OJI MAVIC MINI 2Cost: $600 Quantity:8 Miniature UAS that weighs approximately 249 grams and can record video an audio with approximately 30 minutes of flight time.
iii. OJI MAVIC 2 ENTERPRISE ADVANCED, cost: $7,500, quantity: 2. UAS that has a color and thermal camera as well as audible speaker and light.

Capable of video recording and weighs 909 grams without a payload, approx. 30 minutes of flight time.
iv. OJI MAVIC ENTERPRISE, cost: $3,500, quantity: 1. UAS that has a color and thermal camera as well as audible speaker and light. Capable of video recording and weighs 899 grams without a payload, approx. 30 minutes of flight time.
v. OJI MAVIC PRO, cost: $1,500, quantity: 1. UAS that weighs approx. 1.5 pounds, 25-minute flighttime and a single-color camera with recording capabilities.
vi. OJI PHANTOM 4, cost: $1,600, quantity: 1. UAS that weighs approx. 1380 grams, 28-minute fight time and a single-color camera with recording capabilities.
vii. OJI MATRICE 300 with HT20 camera, cost: $25,000 each, quantity: 1.

UAS that has 45 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Has video recording capabilities. viii. OJI MATRICE 210 with Z30 camera, cost: 10,500 each, quantity: 1. UAS that has 30 minutes of flight time without a payload, in all weather, has a zoom camera and light. Has video recording capabilities. ix. SKY HERO LOKI 2, cost: 10,500 for a package of 2, quantity: 1.

Ruggedized interior tactical UAS that has 16 minutes of flight time. It has a forward facing analog fixed day-night+ IR camera allowing it to fly in total darkness. Unable to record video currently.
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b. Purpose
x. SKYDIO 2 Cost: $1,100 Quantity: 1 UAS that weighs approx. 775 grams, 27 minutes of flight time. It has a zoom camera and 360-degree accident avoidance. Unable to fly in darkness.
xi. DJI Air 2s Cost: $1,200 Quantity: 1
UAS that weighs approx. 595 grams, 31 minutes of flight time. Has the ability to perceive its environment in four directions and features advanced image transmission technology.
xii.DJI M30TCost: $16,500 Quantity: 1 UAS that weighs approx. 3.77 kilograms, 36-41 minutes of flight time. Wide-angle camera, 8k photo, 4K/30 fps video resolution, laser rangefinder up to 1,200 meters, and a thermal sensor.

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Searching for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. SWAT, tactical or other public safety and life preservation missions. vi. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized Use
d.
e.

Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.

Expected Life Span
All UAS equipment, 3-5 years.

Fiscal Impact
Annual maintenance and battery replacement cost is approximately $10,000. 4 xiii. DJA AVATA Cost: $3,200 Quantity: 2 UAS that weighs approx. 405 xiiii. BRINC LEMUR 2 Cost: $29,999 Quantity: 2 UAS that utilized night vision, grams, 19 minutes of flight time. Expanded sensor to capture 4K/60fps HDR in vivid detail. Has 20GB of internal storage and 1 / 1.7 inch SMO super-wide angel camera
thermal, 2-way communication, obstacle avoidance, and can map the interior of structures in real-time. Has 22 minutes of flight time and weighs 3.2 lbs.
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g.

All Department UAS operators are required to obtain a PART 107 license. In addition, each operator must attend a basic department training course and participate in ongoing quarterly training.

Legal and Procedural Rules
Use is established under FAA Regulations 14 CFR Part 107, COA, FAA waivers, and the City of Clovis UAS policy. It is the policy of Clovis Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

4. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.
a. Description, quantity, capabilities, and purchase cost:
i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1425, cost:
$1000, quantity: 2. The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip {IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and only authorized to be used by SWAT personnel.
ii. DEFENSE TECHNOLOGY, 40MM TACTICAL 4-SHOT LAUNCHER, #1440, cost:
$1975, quantity: 2. The 40mm Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features the Rogers Super Stoc™ expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by SWAT personnel iii. Cost: $23 Quantity: 26 A less lethal 40mm round used to penetrate barriers such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.
5 f. Training
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b. Purpose:
iv. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost: $18, quantity: 73. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. v. DEFENSE TECHNOLOGY, SPEDE-HEAT 40MM LONG-RANGE, CS, #6182, cost:
$30, quantity: 26. The SPEDE-HEAT CS Long-Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds from a single source.

The Spede-Heat family may be used to conceal tactical movement or to route a crowd.
vi. DEFENSE TECHNOLOGY, SPEDE-HEAT 40MM LONG-RANGE ROUND, SAF SMOKE, #6183, cost: $27, quantity: 14. The Spede-Heat Saf-Smoke Long Range Munitions is designed to deliver one chemical canister of Saf-Smoke™ payload down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a highvolume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The Spede- Heat 40 mm is designed for outdoor and has a maximum effective range of 150 yards.

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:
i. Situations for use of the less lethal weapon systems may include, but are not limited to:
ii. Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. Potentially vicious animals.
iv. Training exercises or approved demonstrations.
v. By officers who have been trained in their proper use. 6 130
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d.
e.
g.

Lifespan:
i. Defense Technology #1425- 25 years.
ii. Defense Technology #1440- 15 years.
iii. Model 2262 Defense Technology, Ferret 40mm: 5 years iv. Model 6182 Defense Technology Specie-Heat 40 MM long-range, CS- 5 years.
v. Model 6183 Specie-Heat 40mm Long-range Round, Saf Smoke- 5 years.

Fiscal Impact:
f.

Annual maintenance is approximately $50 for each launcher.

Training:

Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified and/or Defense Technology less lethal and chemical agent instructors.
legal and Procedural Rules:

The 40mm launchers are to be used only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force.

5. Distraction Devices: A device used to distract dangerous persons. a.
b.

Description, quantity, capabilities, and purchase cost:

Defense Technology, 7290-2 FLASH-BANG, cost: $52, quantity: 33. A nonbursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Purpose:

A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over- pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
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e.
f.
g.
c. Authorized Use:
d.

Diversionary Devices shall only be used:
i. In hostage and barricaded subject situations.
ii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iii. During other high-risk situations where their use would enhance officer safety.
iv. During training exercises or approved demonstrations. v. By officers who have been trained in their proper use.

Lifespan:

Until used.

Fiscal Impact:

Training:

No annual maintenance.

Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors and/or Defense Technology.

Legal and Procedural Rules:

Diversion devices are to be used only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force.

6. Chemical Agent and Smoke Canisters: ·canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities. and purchase cost:
i. DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CANISTER, CS, #1026, cost: $47, quantity: 18. The Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart 8 132
AGENDA ITEM NO. 11.
allowing increased area coverage in a short period of time. This canister can be hand thrown or launched from a fired delivery system. The canister is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.
ii. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, CS, #1082, cost: $27, quantity: 9. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd.

Thevolume of smoke and agent is vast and obtrusive. This launchable grenade is

6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. iii. DEFENSE TECHNOLOGY, FLAMELESS EXPULSION CS GRENADE, #2042, cost:
$48, quantity: 8. The CS Flameless Expulsion Grenade is a compact, nonpyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical grenades, this device's contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its 3-second discharge time.
iv. DEFENSE TECHNOLOGY, MAXIMUM HC SMOKE MILITARY-STYLE CANISTER, #1083, cost: $38, quantity: 18. The Military-Style Maximum Smoke Grenade comes from the Defense Technology #3 smoke grenade. It is a slow burning, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits grey-white smoke only for approximately 1.5 to 2 minutes.
v. DEFENSE TECHNOLOGY, POCKET TACTICAL BLUE SMOKE GRENADE, #1017B, cost: $39, quantity: 3. The Pocket Tactical Blue Smoke Grenade is a small, lightweight device. Though it is slightly over four inches in length, it produces a blue smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical colored smoke grenade. It will burn approximately 20-40 seconds.
vi. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE, #1080, cost $41, quantity: 8- The Riot Control OC Grenade is designed specifically for outdoor use in crowd control situations with a highvolume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is

6.0 in. by 2.35 in. and holds approximately 0.88 oz. of active agent. 9 133
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vii. DEFENSE TECHNOLOGY, OC VAPOR AEROSOL GRENADE, #1056, cost: $49, quantity: 12. The Defense Technology OC Vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor use in confined areas and once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC Vapor on the subject is dramatic with minimal decontamination needed. Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC Vapor Aerosol Grenade is ideal for cell extractions or barricade situations where the use of pyrotechnic, powder or liquid devices is not practical or desired.
viii. DEFENSE 1.3% MK-46V STREAM OC AEROSOL#43046, cost: $495, quantity:
l. The MK-46 features a trigger handle, is intended for use in crowd management and will deliver 26 short bursts of OC at an effective range of 25-30 ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a target-specific, strong concentrated stream for greater standoff. ix. DEFENSE TECHNOLOGY, SPEDE-HEAT CS, #1072, cost: $40, quantity: 72. The Spede-Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. It is delivered in a burn safe for safety.
x. DEFENSE TECHNOLOGY, SPEDE-HEAT POCKET TACTICAL CS,# 1072 cost:
$30, quantity: 62. Pocket Tactical Grenade, CS. The Pocket Tactical CS Grenade is a quick burning, reduced volume, continuous discharge grenade.

Pelletized chemical agent is discharged through one (1) gas port located on the bottom of the canister. The Pocket Tactical Grenade is a small, lightweight, easily carried device that provides a medium volume of chemical agent. The 0.9 oz. of active agent will burn approximately 20-40 seconds. It is delivered in a tomahawk burn safe for safety. xi. DEFENSE TECHNOLOGY, RUBBER BALL STINGERS CS, cost$ 30, quantity: 13:

The Stinger Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another.5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a SO-foot radius.
xii. DEFENSE TECHNOLOGY, STINGERS OC, cost$ 30, quantity: 8: The Stinger OC Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and OC. 10 134
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b. Purpose:

To limit the escalation ,of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained. Potentially vicious animals.
c. Authorized Use:
d.
e.

Lifespan:

Only officers who have been trained in proper use in the use of chemical agents are authorized to use chemical agents.
5 years from manufacturing date.

Fiscal Impact:

No annual maintenance.
f. Training:
g.

Sworn members utilizing chemical agent canisters are certified by POST and/or Defense Technology less lethal and chemical agent instructors.

Legal and Procedural Rules:

Chemical agents will only be used for official law enforcement purposes and pursuant to State and Federal law.

7. Armored Vehicles: Wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Description, quantity, capabilities. and purchase cost i. MRAP, cost: $0, quantity: 1. The MRAP is a United States Army specialized armored vehicle manufactured of common commercial and 11 135
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b. Purpose
military parts. It seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It stops various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
ii. Lenco Bearcat, G3, cost: $431,133.42, quantity 1. The Lenco Bearcat, G3, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of a shield and personal body armor.

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use
d.
e.
f.
g.

Lifespan
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Estimated 15-25 years.

Fiscal Impact
Training
Annual maintenance of approximately $5,000.

All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving. MRAP drivers are required to possess a valid Class B California driver license. The Bearcat may be driven by any Clovis Police Officer trained in the operation of the Bearcat.

Legal and Procedural Rules
The department will only use the MRAP and Bearcat for official law enforcement purposes, and pursuant to State and Federal law.

8. Explosive Breaching Tools: Tools that are used to conduct an explosive breach. a. Description, quantity, capabilities, and purchase cost 12 136
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i. Detonating Cord, cost: $1 per foot, quantity: 20 feet. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high- speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. Detonating cord is the primary explosive used to defeat doors, walls, windows, and other barricades for SWAT Operators to safely make entry into a specific location, or create distraction, with no risk to the person inside of the room being breached. ii. Blasting Cap, cost: $12, quantity: 30. A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful, and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps. iii. None!, cost: $429.00 per case, Quantity: 10 total. None! is a zero-delay shock tube that contains a reactive explosive compound that provides a safe distance from the explosive initiator to the explosive charge that is placed on the target that is going to be breached.
iv. Remington 870 Express Breaching Shotgun, cost: $500, quantity: 2.

This weapon allows for breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).
v. Royal Arms Tesar-2 Back Cap 425 Grain Copper Frangible Breaching Round, cost: $5 per round, quantity: 50. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.
vi. Royal Arms Tesar-4 Yellow Cap 750 Grain Copper Frangible Breaching Round, cost: $5 per round, quantity: 45. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.
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vii. Royal Arms HP C, cost: $6 per round, quantity: 20. The round is fired from a breaching shotgun and is used to cut rebar, penetrate security glass, car doors, and can penetrate engine blocks.
viii. Royal Arms FTR-Pl 12 Gauge Frangible Polyshot Training Rounds 48, cost: $2.50 per round, quantity 48. The round is fired from a breaching shotgun and used as a training tool to show how to effectively use and deploy a breaching shotgun.
b. Purpose
To safely force entry into a structure.
c. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. d. Lifespan
Breaching Shotgun- 25 years, Blasting Caps-10 years, Detonating cord- 10 years, Royal Arms Tesar-2 black cap 425 grain copper breaching round- 5 years, Tesar-4 yellow cap 750 grain copper frangible breaching round- 5 years, Royal Arms HP cutter 12-gauge hollow point rebar cutter breaching round- 5 years e. Fiscal Impact
Annual maintenance is approximately $500.
f. Training
All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations.
g. Legal and Procedural Rules
Breaching tools will only be used for official law enforcement purposes, and pursuant to State and Federal law.
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9. Less Lethal Shotgun: Less Lethal Shotguns are used to deploy the less lethal 12-gauge Defense Technology Beanbag Round.
a. Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $946, quantity: 19. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Defense Technology Beanbag Round up to 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of Deescalation. ii. DEFENSE TECHNOLOGY DRAG STABILIZED 12 GAUGE BEAN BAG ROUND:
cost: $5, quantity: 400. A less lethal 2.4 -inch translucent 12-gauge shotgun round in a tear shaped bag filled with 40 grams of lead shot at a velocity of 270 feet per second (FPS). Bean bag rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This design utilizes four stabilizing tails and utilizes smokeless powder as a propellent. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Bean Bag round is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Only Officers who have been instructed on and demonstrated proficient use of this force option are allowed to deploy and utilize it.

Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
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v. Training exercises or approved demonstrations.
d. Lifespan
Remington 870 Less-lethal shotgun- 25 years, Defense Technology Bean Bag rounds- No expiration.
e. Fiscal Impact
Annual maintenance is approximately $5.00 per shotgun.
f. Training
All officers are trained in the use of the 12 gauge less lethal shotgun as a less lethal option through in-service training.
g. Legal and Procedural Rules
Less lethal shotguns are to be used only for official law enforcement purposes, and pursuant to State and Federal law.

10. PepperBall PPC Less Lethal Launchers: PepperBall Launchers are used to deploy PepperBall projectiles.
a. Description, quantity, capabilities, andpurchase cost i. PEPPERBALL PPC LAUNCHERS Cost: $4,597 Quantity: 5 PepperBall PPC is a lightweight and portable non-lethal projectile launcher. The PPC is designed to give patrol officers an easy to operate non-lethal option. The PPC uses PepperBall .68 caliber round or VXR projectile and is powered by either HPA or an 88-gram single-use CO2 cartridge.
ii. PEPPERBALL INERT PROJECTILES Cost: $323 for 375 Quantity: 1500 Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.
iii. PEPPERBALL LIVE MAX PROJECTILES Cost: $2,497 Quantity: 700 LiveMaxx is the most powerful and potent projectile developed by PepperBall. It is formulated with Maxsaicin, a new proprietary process that produces powder with more airborne PAVA. PepperBall Live-Maxx has 50% more bio-availability than the standard PAVA powders. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
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c. Authorized Use
Only officers who have been instructed on and demonstrated proficient use of this force option are allowed to deploy and utilize the launchers. Situations for the use of the less lethal weapon systems may include, but are not limited to:
• Self-destructive, dangerous, and/or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained. • Potentially vicious animals.
• Training exercises or approved demonstrations.
d. Expected Life Span
PepperBall PPC Launchers: No manufacturer life span indicated by the manufacturer PepperBall Projectiles: 2 years
e. Fiscal Impact
Annual maintenance is approximately $10 per launcher.
f. Training
All officers are trained in the use of the PepperBall PPC launcher as a less lethal option through in-service training by POST certified less lethal and chemical agent instructors. g. Legal and Procedural Rules
PepperBall PPC launchers are only to be used for official law enforcement purposes and pursuant to State and Federal law.

11. Sniper Rifle: Provides SWAT Snipers the ability to engage hostile suspects at great distance with precision rifle fire.
a. Description, Purchase Cost, Quantity, and Capabilities i. ACCURACY INTERNATIONAL AT, 308 CALIBER Cost: $6,000 Quantity: 4 The Accuracy International AT is a short action precision rifle with a Thunder Beast Suppressor and a Night Force NXS Scope with a

3.5-lSxS0mm second focal plane.
ii. FEDERAL CARTRIDGE .308 CAL 168 GRAIN TRU TACTICAL TIP MATCH KING AMMUNITION Cost: $500 per case Quantity: 4,700 rounds
iii. FEDERAL CARTRIDGE .308 WIN TACTICAL BONDED TIP 168 GRAIN DUTY AMMUNITION Cost: $390 per case Quantity: 1,400 rounds
b. Purpose
The .308 bolt action Sniper Rifle provides SWAT Snipers the ability to engage hostile suspects at great distance with precision rifle fire. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.
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c. Authorized Use
To be used exclusively by officers assigned to the SWAT Sniper Team. Only Officers who have been instructed and demonstrated proficient use of the rifle are allowed to deploy and utilize it. Situations for use of the sniper rifle may include, but are not limited to:
• High-Risk SWAT Operations
• Sniper Over Watch
d. Expected Life Span
Accuracy International AT .308 caliber: 1 year limited warranty Barrel life rated for approximately 5,000 rounds.
e. Training
All SWAT Snipers are trained through in-service and outside rigorous trainings. SWAT Snipers must complete a 40-hour POST basic sniper school and regularly train with the rifle platform.
f. Legal and Procedural Rules
Sniper rifles are only to be used for official law enforcement purposes and pursuant to State and Federal Law.

12. Specialty Impact Munitions (SIM): UTM pistol conversion kits used to fire non-lethal training rounds for in-service department training.
a. Description, Purchase Cost. Quantity, and Capabilities i. UTM SIM MUNITION PISTOL CONVERSION KITS Cost: $648 Quantity: 15 UTM Simunition Pistol Conversion kits are used to fire a non-lethal training round. These munitions provide for realistic close-quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force-on-force training scenarios. ii. UTM 9MM MAN MARKER ROUNDS TRAINING ROUNDS Cost: $600 per 1,000 Quantity: 6,830 The UTM 9mm Man Marker Round is an accurate and reliable marking projectile for force-on-force target training. iii. UTM AR15 300 BLK RIFLE BOLT CARRIER ASSEMBLY Cost: $822 Quantity: 13 The UTM rifle conversions employ a fail-safe measure where the firing pin is offset from the center. Not only is the firing pin strike outside of the strike area of a "Live" cartridge center fire primer, it does not strike the primer at all hence the weapons fail to fire the host weapons "Live" caliber ammunition.
iv. UTM AR 15 300 BO MAN MARKER ROUNDS Cost: $783 per 900 Quantity:
2,400 The UTM 300 BLK is an accurate and reliable marking projectile for force-on-force target training.
v. UTM GLOCK 45 BLANK BARREL Cost: $238 Quantity: 5 The Glock blank barrel is designed to fire blank rounds, no projectiles. 18 142
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b. Purpose
vi. UTM GLOCK 45 BLANK ROUNDS Cost: $460 Quantity: 3,800 Glock blank rounds used for training purposes.
vii. UTM GLOCK 17 T CONVERSIONS KITS Cost: $268 Quantity: 4 The Glock 17T conversion kit allows the 17T to fire UTM training rounds.

To provide realistic close-quarters firearms training while allowing the shooter to visually assesses shot placement and accuracy in force-on-force training scenarios. c. Authorized Use
Only Officers who have been instructed on and demonstrated proficient use of the systems are allowed to use the training tools.

Situations for use of the Simmunitions equipment may include:
• Police Trainings
• Approved Demonstrations
d. Expected Life Span
Conversion Kits: 15-20 years (avg.) Rounds: 6 years
e. Fiscal Impact
Annual maintenance is approximately $5 per kit.
f. Training
All officers are trained in the use of the Sim munitions conversion kits. g. Legal and Procedural Rules
Sim munitions conversion kits are to be used only for official law enforcement purposes and pursuant to State and Federal law.

13. Robot: A remotely controlled, unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. a.
b.

Description. quantity. capabilities. and purchase cost
Purpose
ICOR Caliber TS, Cost: $120,000, Quantity: 1, Capabilities: It is a compact, twoman portable system that shares the same core design of a large robot. Able to climb stairs and provide disruption capabilities. The TS is best suited to assist EOD and SWAT teams in inspecting and retrieving of suspicious devices from narrow passages of buses, trains, and places. It's turreted claw/disruptor arm integrates the remote handling capabilities of a disruptor. Able to lift to 45 pounds with arm retracted and 18 pounds with arm extended. Capable of dragging 200+ pounds.

To be used to remotely obtain visual and audio intelligence, remotely bring any medium weight items to a safe location, disrupt suspicious packages, X-ray, 19 143
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search buildings/indoor or outdoor areas, provide phones or other items to people during Crisis Negotiations.
c. Authorized Use
d.
e.
f.
g.

Only approved operators who have completed the required training are authorized to use this equipment. These personnel are restricted to EOD team members only and the use is authorized by the Bomb Squad Commander and requested by the Incident Commander incidents.

Expected Lifespan
8-10 Years
Fiscal Impact
Training
Maintenance and battery replacement at about $1,200 annually.

Only EOD team members who have attended HDS six-week certification course or who have completed other necessary training as approved by the Bomb Commander.

Legal and Procedural Rules
The robot is to be used only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
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I. Maintenance of Military Use Supply Levels
When stocks of military equipment such as less lethal rounds, gas canisters, UAS batteries, etc. have reached significantly low levels or have been exhausted, the Department may order an amount sufficient to replenish the supply up to the above listed amounts without city council approval to maintain essential availability for the Department's needs. Clovis Police Department may also acquire additional stock of items listed here from other law enforcement agencies or CalOES in the event of an emergency when approved by the Chief of Police or designee.
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Clovis Police Department
Clovis Police Department Policy Manual
Military Equipment
at which the Department should discuss the report and respond to public questions regarding Department funding , acquisition, or use of military equipment.

In accordance with Section 706.3(9) of this policy and Government Code section 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy. The Department will monitor all complaints, concerns, and questions to ensure timely responses are completed. Complaints, concerns, or questions may be submitted by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: (559) 324-2406

3. Via postal mail to: Clovis Police Department, Attn: Chief of Police, 1233 Fifth Street, Clovis, CA 93612
Copyright Lexipol, LLC 2023/02/06, All Rights Reserved.

Published with permission by Clovis Police Department Military Equipment - 443 146
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CLOVIS POLICE DEPARTMENT

ANNUAL MILITARY

EQUIPMENT REPORT
2023

PRESENTED BY
Lt. Craig Aranas
ATTACHMENT 3
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CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023
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CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023
The Clovis Police Department is
committed to maintaining public safety
by providing the highest quality police
services to the community we serve. We
have an obligation to our community
and the people of this state never to let
those who would engage in violent acts
of criminality dictate the path of life for
our city. We know all too well that
violent crime thrives when the
enforcement posture, resources, and
equipment available to our Department
are not sufficient. The equipment items
listed in this annual report are essential
tools that may be required from time to
time to aid in de-escalating intense
situations or bringing volatile
conditions and critical incidents to a
safe resolution.

The mere possession of this equipment
does not warrant its use in every
circumstance. However, having this
equipment and adequate resources
available makes our Department more
capable of confronting those who
would visit violence upon our
community and threaten "The Clovis
Way of Life."
With this indispensable equipment and
relentless fortitude, the brave men and
women of the Clovis Police Department
continue to stand at the ready to fulfill
the very core of our ethos, “To Protect
and Serve.”

CURT FLEMING

CHIEF OF POLICE
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HISTORY OF AB-481
On September 30, 2021, the Governor of the State of California approved AB-481 requiring law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy. The Department is required to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use procedure to address any non-compliance with standards.

Finally, the bill requires publication of the military equipment use procedure and the annual military equipment report on the Department’s website. The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting.

CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023
AB-481, Section 7072 states the following:
(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.

The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

In addition to maintaining the highest levels of public safety, the Clovis Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Department has authored the following 2023 Annual Military Equipment Report in accordance with annual reporting requirements set forth in AB-481.

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INTRODUCTION
The Clovis Police Department retains and employs a wide variety of military equipment to assist in safely achieving the furtherance of its mission statement:
"To provide superior protection and service in a manner that builds public confidence and improves the quality of life in our community.” While the inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident.

The Clovis Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist supervisors, officers, and specific units in bringing those incidents to a swift resolution in a safe manner.

The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While the military equipment procedure is wide-ranging, it is not all-inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within Department procedure. In scrutinizing those particular instances, the judgment of the supervisor influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.

It is incumbent upon supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.

This Annual Military Equipment Report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, and complaints (of which there were none) for 2023.

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CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023
Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.)
“Governing body” means the Clovis City Council and Mayor. "Military equipment” means the following:

Unmanned, remotely piloted, powered aerial or ground vehicles.

Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, excluding unarmored all-terrain vehicles and dirt bikes.

Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Weaponized aircraft, vessels, or vehicles of any kind.

Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld,ram designed to be operated by one person.

Firearms and ammunition of fifty (.50) caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.

Specialized firearms and ammunition of less than fifty (.50) caliber, including firearms and accessories identified as assault weapons pursuant to Penal Code section 30510 and Penal Code section 30515, with exception of standard department issued firearms.

Any firearm or firearm accessory that is designed to launch explosive projectiles.

Noise-flash diversionary devices and explosive breaching tools, including, but not limited to, grenades.

Munitions containing tear gas or oleoresin capsicum (OC), excluding standard, Department-issued handheld pepper spray.

TASER® Shockwave, microwave weapons, water cannons, and Long-Range Acoustic Devices (LRADs).

Kinetic energy weapons and munitions, including, but not limited to, projectile launchers, bean bag rounds, and rubber bullets.

Any other equipment as determined by a governing body or a state agency to require additional oversight.

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The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, Extended Range Impact Weapon –ERIW munitions, etc.) fluctuates regularly. This is based on a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines. The Clovis Police Department is committed to transparency in disclosing its military equipment inventory and related information to our community and elected officials in compliance with the law. The Department strives its utmost to provide the most accurate military equipment inventory and information at the time of this report’s publication.

The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by the Clovis Police Department:
(*NOTE: The manufacturer descriptions and source photos contained within are referenced via publicly accessible website source citations. The website source citations utilized in this report are for military equipment descriptive purposes only and are not an endorsement by the City of Clovis or the Clovis Police Department of a particular product or vendor.)
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CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023
The MCV is custom built by the Farber Company on a 2 axel Freightliner Chassis that had an initial cost of $542,608 in 2006. The single unit (1) has a chassis motor which propels the vehicle and a generator which powers all internal electrical components and can provide external power to additional lights or equipment as necessary. The MCV has two full dispatch terminals, space for up to 7 additional workstations, and multiple divider doors that can break up the space into five separate rooms. The MCV has three dedicated cell phone lines and 5 sets of radios that can communicate with all surrounding agencies on both UHF and VHF frequencies.

1. Mobile Command Vehicle (MCV): A vehicle used as a mobile dispatch center and/or office that provides heated and cooled shelter, a source of electricity and lighting, access to Department computer systems, and a place for department members to meet at the scene of a critical incident, pre-planned event, natural disaster, or community event.

Description, Purchase Cost, Quantity, and Capabilities
Purpose
To be used at the scene of any pre-planned event, community event, critical event, or natural disaster where a portable office, dispatch center, heated or cooled shelter, supplemental power source and/or meeting location is needed.

Authorized Use
Only staff trained in the deployment and operation of the MCV may operate it.

Only members that have a California Class B driver’s license with air brake endorsement may drive the vehicle.

Expected Life Span
The MCV has a 30-year lifespan on the chassis and vehicle. Upgrades on technology inside the vehicle will be on an as needed basis.

Fiscal Impact
Annual maintenance cost is approximately $1,500.00
Training
The drivers shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver will drive the vehicle throughout the city with an experienced driver. The driver shall also undergo California Department of Motor Vehicle commercial vehicle testing.

Legal and Procedural Rules
Use shall be in accordance with California State law regarding the operation of motor vehicles.

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CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023
2007 GENERAL MOTORS 4500 UTILIMASTER
(CUSTOM BUILT) VEHICLE
Cost: $149,654
Quantity: 1
The CNT vehicle can be utilized with SWAT/CNT
callouts and for community events.

2. Crisis Negotiation Team (CNT) Vehicle: A vehicle used as a mobile office that provides shelter, access to the Police Department computer systems, and facilities on extended events.

Description, Purchase Cost, Quantity, and Capabilities
Purpose
To be utilized for critical incident callouts and community events.

Authorized Use
The CNT vehicle is used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license.

Expected Life Span
The CNT vehicle has a 30-year lifespan on a chassis and vehicle.

Fiscal Impact
Annual maintenance, $600.

Training
Once completing a closed training course, the operator will drive the vehicle throughout the city with an experienced driver.

Legal and Procedural Rules
Use shall be in accordance with California State law regarding the operation of motor vehicles.

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DJI MAVIC MINI
Cost: $500 Quantity: 12
Miniature UAS that weighs approximately 249 grams and can record video and audio with approximately 30 minutes of flight time.

DJI MAVIC 2 ENTERPRISE ADVANCED
Cost: $7,500 Quantity: 2
UAS that has a color and thermal camera as well as audible speaker and light.

Capable of video recording and weighs 909 grams without a payload, approx. 30 minutes of flight time.

DJI MAVIC PRO
Cost: $1,500 Quantity: 1
UAS that weighs approx. 1.5 pounds, 25-minute flight time and a single-color camera with recording capabilities.

DJI PHANTOM 4
Cost: $1,600 Quantity: 1
UAS that weighs approx. 1,380 grams, 28-minute fight time and a single-color camera with recording capabilities.

3. Unmanned Aircraft Systems (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.

Description, Purchase Cost, Quantity, and Capabilities of Current UAS DJI MATRICE 300 with HT20 camera
Cost: $25,000 Quantity: 1
UAS that has 45 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Has video recording capabilities.

DJI MATRICE 210 with Z30 camera
Cost: $10,500 Quantity: 1
UAS that has 30 minutes of flight time without a payload, in all weather, has a zoom camera and light. Has video recording capabilities.

SKY HERO LOKI 2
Cost: $10,500 for a package of 2 Quantity: 1
Ruggedized interior tactical UAS that has 16 minutes of flight time. It has a forward facing analog fixed day-night + IR camera allowing it to fly in total darkness. Unable to record video currently.

DJI MAVIC 2 ENTERPRISE DUAL
Cost: $3,500 Quantity: 1
UAS that has a color and thermal camera as well as audible speaker and light.

Capable of video recording and weighs 899 grams without a payload, approx. 30 minutes of flight time.

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DJI MAVIC MINI 2
Cost: $600 Quantity: 8
Miniature UAS that weighs approximately 249 grams and can record video and audio with approximately 30 minutes of flight time.
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Unmanned Aircraft Systems (UAS), Continued
Description, Purchase Cost, Quantity, and Capabilities
CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023 PG 11
DJI Air 2s
Cost: $1,200 Quantity: 1
UAS that weighs approx. 595 grams, 31 minutes of flight time. Has the ability to perceive its environment in four directions and features advanced image transmission technology.

DJI M30T
Cost: $16,500 Quantity: 1
UAS that weighs approx. 3.77 kilograms, 36-41 minutes of flight time. Wide-angle camera, 8k photo, 4K/30 fps video resolution, laser rangefinder up to 1,200 meters, and a thermal sensor.

SKYDIO 2
Cost: $1,100 Quantity: 1
UAS that weighs approx. 775 grams, 27 minutes of flight time. It has a zoom camera and 360-degree accident avoidance. Unable to fly in darkness.

BRINC LEMUR 2
Manufacturer: Brinc
Cost: $29,999 Quantity: 2
UAS that utilizes night vision, thermal, 2-way communication, obstacle avoidance, and can map the interior of structures in real-time. Has 22 minutes of flight time and weighs 3.2 lbs.

DJI AVATA
Manufacturer: DJI
Cost: $3,200 Quantity: 2
UAS that weighs approx. 405 grams, 18 minutes of flight time. Expanded sensor to capture 4K/60fps HDR in vivid detail. Has 20GB of internal storage and 1/1.7 inch CMOS superwide angle camera 157
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Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to major collision investigations, searching for missing persons, natural disaster management, crime scene photography, SWAT, tactical or other public safety and life preservation missions, in response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.

Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.

Expected Life Span
All UAS equipment, 3-5 years
Fiscal Impact
Annual maintenance and battery replacement cost is approximately $10,000.

Training
All Department UAS operators are required to obtain a PART 107 license. In addition, each operator must attend a basic department training course and participate in ongoing quarterly training.

Legal and Procedural Rules
Use is established under FAA Regulations 14 CFR Part 107, COA, FAA waivers, and the City of Clovis UAS policy. It is the policy of Clovis Police Department to utilize UAS only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Unmanned Aircraft Systems (UAS), Continued
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DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325
Cost: $18 Quantity: 73
A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.

CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023

4. 40mm Launchers and Rounds: 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.

Description, Purchase Cost, Quantity, and Capabilities
DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1425
Cost: $1,000 Quantity: 2
The 40mm Single Shot Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round up to 131 feet and is only authorized to be used by SWAT personnel.

DEFENSE TECHNOLOGY, 40MM TACTICAL 4-SHOT LAUNCHER, #1440 Cost: $1,975 Quantity: 2
The 40mm Tactical 4-Shot Launcher is low-profile and lightweight, providing multishot capability in an easy to carry launcher. It features the Rogers Super Stoc expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It will launch a 40mm less lethal round up to 131 feet and is only authorized to be used by SWAT personnel.

DEFENSE TECHNOLOGY, SPEDE-HEAT 40MM LONG-RANGE, CS, #6182 Cost: $30 Quantity: 26
The Spede-Heat CS Long-Range Munitions delivers one chemical canister of CS agent from a 40mm launcher down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The SpedeHeat family may be used to conceal tactical movement or to route a crowd.

DEFENSE TECHNOLOGY, SPEDE-HEAT 40MM LONG-RANGE ROUND, SAF SMOKE, #6183 Cost: $27 Quantity: 14
The Spede-Heat Saf-Smoke Long Range Munitions is designed to deliver one chemical canister of Saf-Smoke payload down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The SpedeHeat 40mm is designed for outdoor use and has a maximum effective range of 150 yards.

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DEFENSE TECHNOLOGY, FERRET 40MM LIQUID BARRICADE PENETRATOR ROUND, #2262 Cost: $23 Quantity: 26
A less lethal 40mm round used to penetrate barriers such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. 159
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40mm Launchers and Rounds, Continued
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Potentially vicious animals.

Training exercises or approved demonstrations.

By officers who have been trained in their proper use.

Expected Life Span
Defense Technology #1425: 25 years
Defense Technology #1440: 15 years
Model 2262 Defense Technology, Ferret 40mm: 5 years
Model 6325 Defense Technology, 40mm Exact Impact Sponge: 5 years Model 6182 Defense Technology Spede-Heat 40mm long-range, CS: 5 years Model 6183 Spede-Heat 40mm Long-range Round, Saf Smoke: 5 years Fiscal Impact
Annual maintenance is approximately $50 for each launcher.

Training
Sworn members utilizing 40mm less lethal chemical agents or impact rounds are trained in their use by POST certified and/or Defense Technology less lethal and chemical agent instructors.

Legal and Procedural Rules
The 40mm launchers are to be used only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force.

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DEFENSE TECHNOLOGY, LOW ROLL II
Cost: $52
Quantity: 33
A non-bursting, non-fragmenting multi-bang
device that produces a thunderous bang with an
intense bright light. Ideal for distracting dangerous
suspects during assaults, hostage rescue, room
entry or other high-risk arrest situations.

5. Distraction Devices: A device used to distract dangerous persons.

Description, Purchase Cost, Quantity, and Capabilities
Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use
Diversionary Devices shall only be used:

In hostage and barricaded subject situations.

In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.

During other high-risk situations where their use would enhance officer safety.

During training exercises or approved demonstrations.

By officers who have been trained in their proper use.

Expected Life Span
Until used.

Fiscal Impact
No annual maintenance.

Training
Prior to use, officers must attend divisionary device training that is conducted by POST certified instructors and/or Defense Technology.

Legal and Procedural Rules
Diversion devices are to be used only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force.

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6. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.

Description, Purchase Cost, Quantity, and Capabilities
DEFENSE TECHNOLOGY, FLAMELESS EXPULSION CS GRENADE, #2042 Cost: $48 Quantity: 8
The CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1,500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its 3-second discharge time.

DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CANISTER, CS, #1026 Cost: $47 Quantity: 18
The Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time.

This canister can be hand thrown or launched from a fired delivery system. The canister is

6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, CS, #1082 Cost: $27 Quantity: 9
The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister.

This grenade can be used to conceal tactical movement or to route a crowd. The 9 volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.

DEFENSE TECHNOLOGY, MAXIMUM HC SMOKE MILITARY-STYLE CANISTER #1083 Cost: $38 Quantity: 18
The Military-Style Maximum Smoke Grenade comes from the Defense Technology #3 smoke grenade. It is a slow burning, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits grey-white smoke only for approximately 1.5 to 2 minutes.

DEFENSE TECHNOLOGY, POCKET TACTICAL BLUE SMOKE GRENADE, #1017B Cost: $39 Quantity: 3
The Pocket Tactical Blue Smoke Grenade is a small, lightweight device. Though it is slightly over four inches in length, it produces a blue smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical colored smoke grenade. It will burn approximately 20-40 seconds.

DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE, #1080 Cost: $41 Quantity: 8
The Riot Control OC Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 0.88 oz. of active agent.

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Chemical Agent and Smoke Canisters, Continued
Description, Purchase Cost, Quantity, and Capabilities
DEFENSE TECHNOLOGY, SPEDE-HEAT CS, #1072
Cost: $40 Quantity: 72
The Spede-Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. It is delivered in a burn safe for safety.

DEFENSE TECHNOLOGY, OC VAPOR AEROSOL GRENADE, #1056
Cost: $49 Quantity: 12
The Defense Technology OC Vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor use in confined areas and once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC Vapor on the subject is dramatic with minimal decontamination needed.

Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC Vapor Aerosol Grenade is ideal for cell extractions or barricade situations 10 where the use of pyrotechnic, powder or liquid devices is not practical or desired.

DEFENSE 1.3% MK-46V STREAM OC AEROSOL #43046
Cost: $495 Quantity: 1
The MK-46 features a trigger handle, is intended for use in crowd management and will deliver 26 short bursts of OC at an effective range of 25-30 ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a target-specific, strong concentrated stream for greater standoff.

DEFENSE TECHNOLOGY, SPEDE-HEAT POCKET TACTICAL CS, # 1072 Cost: $30 Quantity: 62
The Pocket Tactical CS Grenade is a quick burning, reduced volume, continuous discharge grenade. Pelletized chemical agent is discharged through one (1) gas port located on the bottom of the canister. The Pocket Tactical Grenade is a small, lightweight, easily carried device that provides a medium volume of chemical agent. The 0.9 oz. of active agent will burn approximately 20-40 seconds. It is delivered in a tomahawk burn safe for safety.

DEFENSE TECHNOLOGY, RUBBER BALL STINGERS CS
Cost: $30 Quantity: 13
The Stinger Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another.5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a 50-foot radius.

DEFENSE TECHNOLOGY, STINGERS OC
Cost: $30 Quantity: 8
The Stinger OC Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and OC. The Stinger Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a 50-foot radius.

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Chemical Agent and Smoke Canisters, Continued
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Potentially vicious animals.

Authorized Use
Only officers who have been trained in the proper use of chemical agents are authorized to use chemical agents.

Expected Life Span
5 years from manufacturing date.

Fiscal Impact
No annual maintenance.

Training
Sworn members utilizing chemical agent canisters are certified by POST and/or Defense Technology less lethal and chemical agent instructors.

Legal and Procedural Rules
Chemical agents will only be used for official law enforcement purposes and pursuant to State and Federal law.

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MRAP
Cost: $0 Quantity: 1
The MRAP is a United States Army specialized armored vehicle manufactured of common commercial and military parts. It seats 10-12 personnel with an open floor plan that allows for rescue of down personnel.

It stops various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

7. Armored Vehicles: Wheeled armored personnel vehicles utilized for law enforcement purposes.

Description, Purchase Cost, Quantity, and Capabilities
Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Expected Life Span
Estimated 15-25 years.

Fiscal Impact
Annual maintenance of approximately $5,000.

Training
All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving. MRAP drivers are required to possess a valid Class B California driver license. The Bearcat may be driven by any Clovis Police Officer trained in the operation of the Bearcat.

Legal and Procedural Rules
The department will only use the MRAP and Bearcat for official law enforcement purposes and pursuant to State and Federal law.

LENCO BEARCAT, G3
Cost: $431,133.42 Quantity: 1
The Lenco Bearcat, G3, is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of a shield and personal body armor.

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CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023

8. Explosive Breaching Tools: Tools that are used to conduct an explosive breach.

Description, Purchase Cost, Quantity, and Capabilities
NONEL
Cost: $429.00 per case Quantity: 10
Nonel is a zero-delay shock tube that contains a reactive explosive compound that provides a safe distance from the explosive initiator to the explosive charge that is placed on the target that is going to be breached.

DETONATING CORD
Cost: $1 per foot Quantity: 20 feet
The detonating 13 cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a highspeed fuse which explodes, rather than burns, and is suitable for detonating high explosives. Detonating cord is the primary explosive used to defeat doors, walls, windows, and other barricades for SWAT Operators to safely make entry into a specific location, or create distraction, with no risk to the person inside of the room being breached.

BLASTING CAP
Cost: $12 Quantity: 30
A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful, and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps.

REMINGTON 870 EXPRESS BREACHING SHOTGUN
Cost: $500 Quantity: 2
This weapon allows for breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).

ROYAL ARMS TESAR-2 BLACK CAP 425 GRAIN COPPER FRANGIBLE BREACHING ROUND Cost: $5 per round Quantity: 50
The round is fired from a breaching shotgun and is used to destroy:
deadbolts
locks
hinges
ROYAL ARMS TESAR-4 YELLOW CAP 750 GRAIN COPPER FRANGIBLE BREACHING ROUND Cost: $5 per round Quantity: 45
The round is fired from a breaching shotgun and is used to destroy:
deadbolts
locks
hinges
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Purpose
To safely force entry into a structure.

Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field and during training exercises.

Expected Life Span
Detonating Cord: 10 years - Blasting Caps: 10 years - Nonel: 3 years Breaching Shotgun: 25 years - Royal Arms Tesar-2 Black Cap: 5 years Royal Arms Tesar-4 Yellow Cap: 5 years - Royal Arms HP Cutter: 5 years Royal Arms FTR-P1 12: 5 years
Fiscal Impact
Annual maintenance is approximately $500.

Training
All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations.

Legal and Procedural Rules
Breaching tools will only be used for official law enforcement purposes and pursuant to State and Federal law.

CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023
Explosive Breaching Tools, Continued
Description, Purchase Cost, Quantity, and Capabilities
ROYAL ARMS HPCUTTER12 GA HOLLOW POINTREBARCUTTERROUND
Cost: $6 per round Quantity: 20
The round is fired from a breaching shotgun and is used to cut rebar and penetrate:

Security Glass
Car Doors
Engine Blocks
ROYAL ARMS FTR-P1 12 GAUGE FRANGIBLE POLYSHOT TRAINING ROUNDS Cost: $2.50 per round Quantity: 48
The round is fired from a breaching shotgun and used as a training tool to show how to effectively use and deploy a breaching shotgun.

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REMINGTON 870 LESS LETHAL SHOTGUN
Cost: $946 Quantity: 19
The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Defense Technology Beanbag Round up to 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de-escalation.

9. Less Lethal Shotgun: Less Lethal Shotguns are used to deploy the less lethal 12-gauge Defense Technology Beanbag Round.

Description, Purchase Cost, Quantity, and Capabilities
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Authorized Use
Only Officers who have been instructed on and demonstrated proficient use of this force option are allowed to deploy and utilize it. Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Potentially vicious animals.

Training exercises or approved demonstrations.

Expected Life Span
Remington 870 Less Lethal Shotgun: 25 years
Defense Technology Bean Bag Rounds: No expiration
Fiscal Impact
Annual maintenance is approximately $5.00 per shotgun.

Training
All officers are trained in the use of the 12 gauge less lethal shotgun as a less lethal option through in-service training.

Legal and Procedural Rules
Less lethal shotguns are to be used only for official law enforcement purposes and pursuant to State and Federal law.

DEFENSE TECHNOLOGY DRAG STABILIZED 12 GAUGE BEAN BAG ROUND Cost: $5 Quantity: 400
A less lethal 2.4 -inch translucent 12-gauge shotgun round in a tear-shaped bag filled with 40 grams of lead shot at a velocity of 270 feet per second (FPS). Bean bag rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and foregrip. This design utilizes four stabilizing tails and utilizes smokeless powder as a propellant.

This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Bean Bag round is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

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PEPPERBALL PPC LAUNCHERS
Cost: $4,597 Quantity: 5
PepperBall PPC is a lightweight and portable non-lethal projectile launcher.

The PPC is designed to give patrol officers an easy to operate non-lethal option. The PPC uses PepperBall .68 caliber round or VXR projectile and is powered by either HPA or an 88-gram single-use CO2 cartridge.

10. PepperBall PPC Less Lethal Launchers: PepperBall Launchers are used to deploy PepperBall projectiles.

Description, Purchase Cost, Quantity, and Capabilities
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Authorized Use
Only officers who have been instructed on and demonstrated proficient use of this force option are allowed to deploy and utilize the launchers.

Situations for the use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous, and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Potentially vicious animals.

Training exercises or approved demonstrations.

Expected Life Span
PepperBall PPC Launchers: No manufacturer life span indicated by the manufacturer PepperBall Projectiles: 2 years
Fiscal Impact
Annual maintenance is approximately $10 per launcher.

Training
All officers are trained in the use of the PepperBall PPC launcher as a less lethal option through in-service training by POST certified less lethal and chemical agent instructors.

Legal and Procedural Rules
PepperBall PPC launchers are only to be used for official law enforcement purposes and pursuant to State and Federal law.

PEPPERBALL INERT PROJECTILES
Cost: $323 for 375 Quantity: 1500
Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

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PEPPERBALL LIVE MAX PROJECTILES
Cost: $2,497 Quantity: 700
Live-Maxx is the most powerful and potent projectile developed by PepperBall.

It is formulated with Maxsaicin, a new proprietary process that produces powder with more airborne PAVA. PepperBall Live-Maxx has 50% more bioavailability than the standard PAVA powders. 169
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Purpose
The .308 bolt action Sniper Rifle provides SWAT Snipers the ability to engage hostile suspects at great distance with precision rifle fire. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Authorized Use
To be used exclusively by officers assigned to the SWAT Sniper Team. Only Officers who have been instructed and demonstrated proficient use of the rifle are allowed to deploy and utilize it.

Situations for use of the sniper rifle may include, but are not limited to:

High-Risk SWAT Operations
Sniper Over Watch
Expected Life Span
Accuracy International AT .308 caliber: 1 year limited warranty Barrel life rated for approximately 5,000 rounds.

Fiscal Impact
Annual maintenance is approximately $100 per rifle.

Training
All SWAT Snipers are trained through in-service and outside rigorous trainings. SWAT Snipers must complete a 40-hour POST basic sniper school and regularly train with the rifle platform.

Legal and Procedural Rules
Sniper rifles are only to be used for official law enforcement purposes and pursuant to State and Federal Law.

CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023
ACCURACY INTERNATIONAL AT, 308 CALIBER
Cost: $6,000 Quantity: 4
The Accuracy International AT is a short action precision rifle with a Thunder Beast Suppressor and a Night Force NXS Scope with a 3.5-15x50mm second focal plane.

11. Sniper Rifle: Provides SWAT Snipers the ability to engage hostile suspects at great distance with precision rifle fire.

Description, Purchase Cost, Quantity, and Capabilities
FEDERAL CARTRIDGE .308 CAL 168 GRAIN TRU TACTICAL TIP MATCH KING AMMUNITION Cost: $500 per case Quantity: 4700 rounds
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FEDERAL CARTRIDGE .308 WIN TACTICAL BONDED TIP 168 GRAIN DUTY AMMUNITION Cost: $390 per case Quantity: 1,400 rounds
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UTM SIMMUNITION PISTOL CONVERSION KITS
Cost: $648 Quantity: 15
UTM Simunition Pistol Conversion kits are used to fire a non-lethal training round.

These munitions provide for realistic close-quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force-on-force training scenarios.

12. Specialty Impact Munitions (SIM): UTM pistol conversion kits used to fire nonlethal training rounds for in-service department training.

Description, Purchase Cost, Quantity, and Capabilities
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UTM 9MM MAN MARKER ROUNDS TRAINING ROUNDS
Cost: $600 per 1,000 Quantity: 6,830
The UTM 9mm Man Marker Round is an accurate and reliable marking projectile for force-on-force target training.

UTM AR15 300 BLK RIFLE BOLT CARRIER ASSEMBLY
Cost: $822 Quantity: 13
The UTM rifle conversions employ a fail-safe measure where the firing pin is offset from the center. Not only is the firing pin strike outside of the strike area of a “Live” cartridge center fire primer, it does not strike the primer at all hence the weapons fail to fire the host weapons “Live” caliber ammunition.

UTM AR 15 300 BO MAN MARKER ROUNDS
Cost: $783 per 900 Quantity: 2,400
The UTM 300 BLK is an accurate and reliable marking projectile for force-onforce target training.

UTM GLOCK 45 BLANK BARREL
Cost: $238 Quantity: 5
The Glock blank barrel is designed to fire blank rounds, no projectiles.

UTM GLOCK 45 BLANK ROUNDS
Cost: $460 Quantity: 3,800
Glock blank rounds used for training purposes.

UTM GLOCK 17 T CONVERSIONS KITS
Cost: $268 Quantity: 4
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CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023
Specialty Impact Munitions (SIM), Continued
Purpose
To provide realistic close-quarters firearms training while allowing the shooter to visually assesses shot placement and accuracy in force-on-force training scenarios.

Authorized Use
Only Officers who have been instructed on and demonstrated proficient use of the systems are allowed to use the training tools.

Situations for use of the Simmunitions equipment may include:

Police Trainings
Approved Demonstrations
Expected Life Span
Conversion Kits: 15-20 years (avg.)
Rounds: 6 years
Fiscal Impact
Annual maintenance is approximately $5 per kit.

Training
All officers are trained in the use of the Simmunitions conversion kits.

Legal and Procedural Rules
Simmunitions conversion kits are to be used only for official law enforcement purposes and pursuant to State and Federal law.

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Purpose
To be used to remotely obtain visual and audio intelligence, remotely bring any medium weight items to a safe location, disrupt suspicious packages, X-ray, 17 search buildings/indoor or outdoor areas, provide phones or other items to people during Crisis Negotiations.

Authorized Use
Only approved operators who have completed the required training are authorized to use this equipment. These personnel are restricted to EOD team members only and the use is authorized by the Bomb Squad Commander and requested by the Incident Commander incidents.

Expected Life Span
8-10 Years
Fiscal Impact
Maintenance and battery replacement at about $1,200 annually.

Training
Only EOD team members who have attended HDS six-week certification course or who have completed other necessary training as approved by the Bomb Commander.

Legal and Procedural Rules
The robot is to be used only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023
ICOR Caliber T5
Cost: $120,000 Quantity: 1
It is a compact, two-man portable system that shares the same core design of a large robot. Able to climb stairs and provide disruption capabilities. The T5 is best suited to assist EOD and SWAT teams in inspecting and retrieving of suspicious devices from narrow passages of buses, trains, and places. It’s turreted claw/disruptor arm integrates the remote handling capabilities of a disruptor. Able to lift to 45 pounds with arm retracted and 18 pounds with arm extended.

Capable of dragging 200+ pounds.

13. Robot: A remotely controlled, unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.

Description, Purchase Cost, Quantity, and Capabilities
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While the Clovis Department’s inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident. The Clovis Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature.

A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units.

This section outlines the military equipment usage for 2023. Certain items of military equipment, particularly consumables (ammunition, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year on a regular basis for training in order to maintain proficiency. Training usage is not captured in this section. This section only provides data for the operational use of military equipment listed within this Annual Equipment Report.

CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023

MILITARY EQUIPMENT

USE SUMMARY
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Below is a table that shows the total number of incidents a specified equipment was deployed in 2023. It should be noted that different types of equipment may be deployed in one incident and the same equipment may be deployed by multiple officers within a single incident.

EQUIPMENT NUMBER OF INCIDENTS
Mobile Command Vehicle 6
Crisis Negotiations Team Vehicle 2
Unmanned Aircraft System 600
40 MM Launcher (Single Shot) 0
40 MM Launcher (4-shot launcher) 2
Def-Tec 40 MM Exact Impact Sponge Rounds 3
Def-Tec 40 MM Ferret Liquid Barricade Rounds 4
Def- Tec 40 MM Spede-Heat Smoke Rounds 0
Def-Tec 7290 Sight Sounds Distraction Device 1
Def-Tec Triple Chaser Canister 0
Def-Tec Riot Control CS Canister 0
Def-Tec Flamessless Expulsion CS Canister 0
Def-Tec Maximum HC Smoke Canister 0
Defense Technology -SSDD 4
Def-Tec Riot Control Continuous CS Canister 0
Def-Tec OC Vapor Aerosol Canister 0
Def-Tec MK-46 OC Stream Aerosol 0
Def-Tec Spede - Heat CS 0
Def-Tec Spede - Heat Pocket Tactical CS 0
Def-Tec Stinger Rubber Ball Stingers CS 0
Def-Tec Stingers OC 0
MRAP 3
BearCat 30
Detonating Cord 0
Blasting Cap 0
Nonel 0
Remington 870 Breaching Shotgun 0
Royal Arms Tesar Black Cap 0
Royal Arms Tesar Yellow Cap 0
Royal Arms HP CUTTER 0
Royal Arms FTR-P1 0
Remington 870 Less Lethal Shotgun 0
Def-Tec Drag Stabilized Bean Bag Round 0
EOD Robot 15
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There have been no internal audits, (others than those to conducted to gather and confirm data for this report), identified violations of equipment use or any complaints concerning the above listed equipment.

CLOVIS PD ANNUAL MILITARY EQUIPMENT REPORT 2023

COMPLAINTS AND AUDITS SUMMARY

REGARDING MILITARY EQUIPMENT USAGE

PROJECTED MILITARY EQUIPMENT
ACQUISITIONS FY 2024
Projected consumable military equipment acquisitions for FY24 (July 2023- June 2024) should be in line with current replenishment schedules and quantities for consumables. A variety of commercial factors (i.e. supply and demand, inflation, supply chain issues etc.) may influence the fiscal impact of future military equipment acquisitions and ongoing military equipment purchases throughout the year. The replenishment schedules for military equipment consumables can vary and is dictated by inventory levels that fluctuate as a result of training, operational usage, or manufacturer recommended replacement guidelines. Categories of consumable military equipment are listed below:

Ammunition – all calibers
Explosive Breaching Equipment
Chemical Agents
Specialty Munitions (40mm, and bean bag ammo)
Diversionary Devices
Pepper ball Munitions
Specialty Impact Munitions (SIM’s)
Funding for the majority consumable military equipment for FY23 should be secured via the General Fund.

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Future Unmanned Aircraft Systems (UAS): There are three (3) new projected acquisitions for non-consumable military equipment at this time. These projected acquisitions consist of three Unmanned Aircraft Systems (UAS).

The projected acquisitions are as follows:

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The remainder of non-consumable military acquisitions will consist of on-going maintenance costs for existing equipment. Funding for the majority of nonconsumable military equipment should be secured via the General Fund.

DJI AVATA 2
Manufacturer: DJI
Total Projected Cost: Approximately $1,200
Funding Source: General Funding
The DJI Avata 2 works extremely well during interior building searches.This UAV is extremely stable inside of buildings even without GPS connection. It’s size and signal strength allows pilots to search most interior structures without having to make entry and expose themselves to potential danger.

DJI MINI 4 PRO
Manufacturer: DJI
Total Projected Cost: Approximately $1,100
Funding Source: General Funding
The DJI Mini 4 Pro is a low budget UAV that all pilots carry with them while working. This UAV allows pilots to quick deploy and get aerial observations which allows them to assist with locating potential suspects and efficiently set up perimeters. This UAV is also utilized for training UAV training.

DJI Matrice 3TD
Manufacturer: DJI
Total Projected Cost: Approximately $24,000-$30,000
Quantity: 2
Funding Source: General Funding
DFR programs represent a strategic innovation in
emergency response, utilizing unmanned aerial vehicles
(UAVs) to promptly and adeptly handle diverse emergencies.

These programs diverge from conventional drone use by prepositioning UAVs at strategic locations for immediate deployment in response to emergency calls.

Responder
Manufacturer: Brinc
Total Projected Cost: Approximately $60,000-$90,000
Quantity: 2
Funding Source: General Funding
DFR programs significantly reduce response times through strategically placed drone stations. This swift response, coupled with advanced automation, provides crucial scene insights even before ground officers arrive, streamlining the entire emergency response process.
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CLOVIS POLICE DEPARTMENT

ANNUAL MILITARY

EQUIPMENT REPORT
2023

PRESENTED BY
Lt. Craig Aranas
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AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: Administration
DATE: May 6, 2024
SUBJECT: Consider Approval – Res. 24-___, Adoption of the City of Clovis 2024- 2025 Annual Action Plan for the expenditure of Community Development Block Grant Funds.

Staff: Claudia Cazares, Housing Programs Manager
Recommendation: Approve
ATTACHMENTS: 1. Resolution

2. 2024-2025 Annual Action Plan

RECOMMENDATION
For the City Council to approve the resolution adopting the City of Clovis 2024-2025 Annual Action Plan for the expenditure of Community Development Block Grant Funds.

EXECUTIVE SUMMARY
The U.S. Department of Housing and Urban Development (HUD) requires the City adopt an Annual Action Plan to identify projects, programs and/or activities proposed to be funded by the Community Development Block Grant (CDBG) program in the 2024-2025 fiscal year.

BACKGROUND
As an entitlement city for the purpose of receiving Community Development Block Grant Funds from HUD, Clovis must adopt an Annual Action Plan to identify CDBG funded activities for the 2024-2025 fiscal year. The Annual Action Plan represents the yearly implementation of the goals established in the 5-year Consolidated Plan, which was approved by City Council in 2021.

Development of the Consolidated Plan required an extensive analysis of housing and community development needs for disadvantaged populations to be completed through community input and census data analysis. Staff conducted over 50 interviews with agencies and Clovis residents to identify gaps in services for disadvantaged populations. Additionally, staff employed a 179
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consultant to analyze demographic data to determine the needs in the community. The analysis and input resulted in the following summary of needs by priority, as included in the Consolidated Plan:

High Priority Medium Priority
Job Creation/Retention Substance Abuse Services
ADA Sidewalk Improvements Micro Loans to Small Businesses Street/Alley Improvements More Educational Opportunities Homeless Services/Shelters Support Groups for Families of Fire Stations/Equipment Disabled
Code Enforcement Legal Services
Affordable Housing for Families/Seniors/Veterans Road Reconstruction Housing Rehabilitation Tenant/Landlord Fair Housing
Jobs for Youth Parks/Recreational Facilities
Food Pantry Programs Substance Abuse Services
Programs for Foster Children Aging Out of System
Youth Counseling/Resource Center Low Priority
First-Time Homebuyer Programs Façade Improvements
Youth Centers Utility Improvements (Water/Sewer)
Community Centers
Aside from meeting a Priority Need from the list above, all potential CDBG funded activities must fall into one of the following eligibility categories:

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

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

3. Meet an urgent need.

The following projects and activities were approved to be funded in the five-year Consolidated Plan period (at estimated amounts), based on the identified Priority Needs, and the CDBG program regulations:
5 Year Goals and Proposed Funding Allocations
1 Goal Name Public Facility Improvements.

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

Description The City of Clovis intends to utilize approximately $683,421.25 in CDBG funds for the purpose of providing rehabilitation services to LMI owner-occupied units. 180
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3 Goal Name Job creation for low-income individuals.

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

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

Description The City will continue to administer the CDBG program in compliance with program regulations and requirements. To ensure the effective use of limited CDBG funds, the City must allocate funding towards planning and monitoring of the related projects.

As of April 23, 2024, HUD has not yet established the nationwide CDBG allocations for the 2024-2025 fiscal year, as it is pending approval of the U.S. budget. In the proposed 2024-2025 Annual Action Plan, staff estimated a CDBG allocation of approximately $650,000. In determining the recommended use of the CDBG allocation, staff followed the process identified in the HUD-approved Citizen Participation Plan and a list of priority projects was created.

The selected projects will meet the goals of the Consolidated Plan to improve neighborhoods, create jobs, and enhance the quality of life for the citizens of Clovis. The recommended projects for the 2024-2025 program year will improve infrastructure by making street/alley and trail improvements, support microenterprise businesses, provide services to seniors and survivors of domestic violence and continue to emphasize improvements to Clovis’ low- and moderate-income housing stock.

Staff recommends the following proposed activities be funded for the 2024-2025 program year, at the identified CDBG funding amount:
 Housing Rehabilitation - $100,000.00
 Micro-Enterprise Culinary Kitchen - $55,000.00
 Santa Ana Avenue Sidewalk Installation - $124,000.00
 Holland/Richert Alley Improvements (Peach/Homsy) - $143,500.00  Clovis Senior Senter Enrichment Activities - $48,750.00  Marjaree Mason Center Critical Domestic Violence Services - $48,750.00  Administration - $130,000.00
As the national CDBG budget has not been finalized, HUD recommends Cities anticipate and plan for a higher or lower CDBG allocation than what is estimated by City staff. Therefore, staff recommends any increase or decrease in the estimated CDBG funding level will be reflected in 1) the Public Services activities (Senior Center and Marjaree Mason Center), as these 181
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funding levels are based on a 15% maximum of the CDBG allocation, 2) on Administration as this funding level is based on a 20% maximum of the CDBG allocation, and 3) on the Holland/Richert Alley Improvements (Peach/Homsy) Project.

In addition to the projects listed above, staff recommends the following projects be included as contingency projects be funded if additional funds become available during the year:
 Acts of Kindness by Habitat for Humanity
 Upwards BOOST Daycare Micro-Enterprise Support
These proposed activities for CDBG funding, along with the availability of the 2024-2025 Annual Action Plan, were advertised for review and public comment in The Business Journal and the Fresno Bee on April 5, 2024, and on April 7, 2024. The notifications and request for public comments was also posted on the City of Clovis website and social media, at the following locations City Council Chamber public display window, Clovis Senior Center, Clovis Recreation Center, Fresno County Library Clovis Branch, local laundry mats, and Miss Winkles Pet Adoption Center. Physical copies of the Action Plan were made available at the Clovis Branch of the Fresno County Public Library, City of Clovis Administration Office, Clovis Recreation Center and the Clovis Senior Center.

FISCAL IMPACT
It is anticipated that a total of $650,000 in CDBG funds will be available for 2024-2025. HUD distributes the funds on a reimbursement basis. The funds are included in the proposed 2024- 2025 City of Clovis budget.

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

ACTIONS FOLLOWING APPROVAL
Staff will submit the 2024-2025 Annual Action Plan to HUD by May 15, 2024, as required.

Staff will then begin operation of the 2024-2025 CDBG Program, and activities will be completed during the 2024-2025 fiscal year, or soon thereafter.

Prepared by: Claudia Cazares, Housing Programs Manager
Reviewed by: City Manager JH
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Attachment 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
ADOPTING THE 2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

ANNUAL ACTION PLAN
WHEREAS, The City Council of the City of Clovis is a U. S. Department of Housing and Urban Development (HUD) entitlement city for the purpose of receiving Community Development Block Grant funds; and
WHEREAS, HUD requires the City of Clovis to adopt an Annual Action Plan to identify activities to be funded for the 2024-2025 program year for use of Community Development Block Grant funds.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis approves and adopts the 2024-2025 Annual Action Plan.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 6, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
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Community Development
Block Grant (CDBG)
Clovis City Council
Lynne Ashbeck, Mayor
Vong Mouanoutoua, Mayor Pro Tem
Drew Bessinger
Diane Pearce
Matthew Basgall
John Holt, City Manager
Andrew Haussler, Assistant City Manager
2024-2025 Annual Action Plan
Public Review Draft
April 5, 2024
Attachment 2 184
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Annual Action Plan - 2024 1
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The Action Plan is a document submitted to HUD on an annual basis that serves as a comprehensive housing affordability strategy, community development plan, and submission for funding under the U.S.

Department of Housing and Urban Development’s (HUD) entitlement formula grant programs.

As a CDBG entitlement city, the City of Clovis through it’s Economic Development, Housing and Communications Department is required to, and has developed, a five-year strategic plan that identifies and prioritizes the future use of the City’s Community Development Block Grant (CDBG) funds. The fiveyear plan, referred to as the “Consolidated Plan” became effective July 1, 2021, and will terminate on June 30, 2026. This 2024-2025 Annual Action Plan represents year four of the five-year plan.

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

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

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

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

Goal 2: Economic Development - $250,000 (6%) to be used to support activities that create jobs for lowto moderate-income persons. 185
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Goal 3: Infrastructure - $1,337,500 (35%) to be used to improve the quality, and increase the quantity, of public improvements that benefit low- to moderate-income residents and neighborhoods, improve the quality, and increase the quantity, of facilities that benefit neighborhoods, seniors, and those with special needs, and provide funds to bring public facilities into ADA compliance.

Goal 4: Public Services - $562,500 (15%) to be used to provide crime awareness and additional policing that benefits low- to moderate-income neighborhoods, support senior and youth programs, support programs and activities that benefit those with special needs, and to support food pantry programs.

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

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

Affordable Housing Development – Previously, the City received $1,559,243 in Permanent Local Housing Allocation (PLHA) Program funds from the State of California, for the preservation and/or development of affordable housing. In January 2024, the City awarded $1,481,280 to a local affordable housing developer, AHDC Inc., who, in partnership with the Fresno Housing Authority proposes to build a 51-unit affordable senior housing development. The project is currently in pre-development. AHDC will apply for state and federal development funds during the 2024-2025 years. Additional PLHA funds, in the amount of $320,932, was awarded to the City in early 2024.

Housing Rehabilitation - The City provides grants of up to $8,000 for health and safety repairs, and accessibility improvements to homes, for low-income owner-occupied households. This program served almost 300 households during the previous Consolidated Planning Period. In the 2021-2022 fiscal year, 16 homeowners were assisted with repairs. In the 2022-2023 fiscal year, 7 homeowners were assisted with repairs. An additional 14 homeowners will be assisted in the 2023-2024 fiscal year.

The City also administers a state-funded housing rehabilitation loan program (CalHome), which is utilized in combination with the CDBG program to provide needed housing repairs. City staff commenced administration of this program in July 2022, and have processed over 26 applications. Of these, 20 applicants were selected for funding. A total of 6 homes have been completed, 5 are scheduled to be completed before June 30, 2024, and the remaining 9 will be completed in the 2024-2025 program year.

Area-Based Policing/Crime Awareness - Additional policing, crime awareness and code enforcement has historically been funded with CDBG funds through a dedicated Community Service Officer. The officer has focused on improving neighborhood conditions in CDBG eligible census tracts by developing relationships with property owners, and utilizing neighborhood watch programs in eligible neighborhoods, providing code enforcement actions, and actively working to improve neighborhood conditions.

Economic Development/Job Creation - The City invests heavily in economic development activities using local, state and federal resources to attract and retain businesses that provide high wage jobs for its 186
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citizens. CDBG funds are currently used to pay space/storage rental fees at our local community kitchen for low-income entrepreneurs owning, or planning to start, a food-based micro-business. Utilization of the kitchen has allowed these entrepreneurs to start and/or expand their business.

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

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

2. Dennis-Beverly/Mitchell Beverly-San Jose Alley Reconstruction, Phase 1 and 2, constructed concurrently ($720,000) – Project was completed in August 2023.

3. Brookhaven/Cole/Rosebrook Alley Reconstruction, 3 Alleys to be constructed concurrently ($541,987) – Project is in design and is expected to be completed during the 2024-2025 program year.

4. Gould Canal Improvements ($134,255) – Project is in design and is expected to be completed within the 2024 calendar year.

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

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

Clovis’ Citizen Participation Plan (CPP) encourages citizens, particularly LMI residents, to participate in the development of the Consolidated Plan, Action Plans, Substantial Amendments, and Annual Performance Reports. Citizens are engaged through community meetings, emails, social media postings, public notices, public hearings, and individual interviews.

The primary goals of the CPP are 1) to generate significant public participation, specifically from LMI residents and those residing in LMI neighborhoods; 2) to gather data that accurately describes and quantifies housing and community development needs and to suggest workable solutions; and 3) to obtain comments on proposals for allocating resources. The City consulted with Citizens, nonprofits, interested parties, and both internal City Departments and external agencies to determine the needs of the Clovis community and to allocate available resources.

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websites on January 26, 2024 and noticed in English and Spanish in two local newspapers, The Business Journal and The Fresno Bee, which serve Clovis and the surrounding areas, on January 26, 2024. One person attended this meeting, and there were no public comments made at the meeting regarding the Action Plan.
• The second public meeting was held on March 14, 2024. Staff provided information regarding the Consolidated Plan and the Action Plan. This meeting was held to obtain citizen input and to respond to proposal related questions. The meeting notice was shared via email on February 26, 2024 to over 47 local non-profit service providers, it was also published on the City’s social media and website on February 28, 2024 and again on March 11, 2024. The meeting was also noticed in English and Spanish in both The Business Journal and The Fresno Bee, on February 28, 2024. Four people attended the meeting, which included a robust discussion on the City’s Consolidated Plan and Housing Goals, as well as several questions regarding the use of CDBG funds for homelessness assistance. Attendees also had several questions that were not CDBG funding related, including questions regarding zoning ordinances and accessory dwelling unit programming. The City received two comments to the Facebook post announcing this meeting, as shown in the table below.
• PLACEHOLDER FOR INFORMATION FROM PUBLIC HEARING TO BE HELD MAY 6, 2024

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

In regards to the February 8, 2024 Public Meeting notice posted on Facebook on January 26, 2024, the City received the following comment:

Comment 1: “Hopefully this affordable housing plan will include single hard working men/woman with no children. That community of people are over looked and should not be.” In regards to the March 14, 2024 Public Meeting noticed on Facebook on February 28, 2024, and again on March 11, 2024, the City received the following comments via Facebook:

Comment 2: “Nope. Nobody wants low income housing on Willow. Keep the land and orchards.” Comment 3: “Including everyone? Street vendors too ?” [City replied: “Public Meetings are open to all; commentator replied “thank you”]
In regards to the public meeting held on March 14, 2024: Four people attended the meeting, which included a robust discussion on the City’s Consolidated Plan and Housing Goals, as well as several questions regarding the use of CDBG funds for homelessness assistance. Attendees also had several questions that were not CDBG funding related, including questions regarding zoning ordinances and accessory dwelling unit programming.
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In regards to the May 6, 2024 Public Hearing at the Clovis City Council Meeting: PLACEHOLDER FOR ANY COMMENTS RECEIVED AT MAY 6, 2024 PUBLIC HEARING

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

7. Summary
Clovis staff prepared extensive information relative to the CDBG program, the preparation of the Consolidated Plan and Annual Action Plans, and the Citizen Participation process and its importance, and had these readily available at the meetings. The information was also provided via email to all interested parties, local non-profit service providers and the general public via public notices, social media posts, and in the presentation at the public meetings and public hearing. A great effort on the part of the City went into the notices, emails, and meeting preparations. Though the application workshop did not see substantial attendance, the City welcomed 4 participants to the Public Input meeting, and received 3 comments via social media, which was a substantial increase from years past. The City also conducts scientifically sampled surveys every two years to provide feedback to the City on services needed. All feedback is incorporated into the needs assessment for the community. 189
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PR-05 Lead & Responsible Agencies – 91.200(b)

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

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

Narrative
The City of Clovis’ Economic Development, Housing and Communications Department serves as the lead agency for the Consolidated Plan, 2024-2025 Action Plan, annual Performance Report, and the administration of CDBG funds. The City’s institutional structure consists of a council-manager form of government. Under the council-manager form of government, adopted by the municipal code, the City Council hires, and supervises the performance of, a professional manager and provides them policy direction to carry out administrative responsibilities and City operations. The Council is the legislative body which approves the budget and determines the tax rate, for example. The Council also focuses on the community's goals, major projects, and such long-term considerations as community growth, land use policies, development, capital improvement plans, capital financing, and strategic planning.

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

1. Introduction
The City consulted with the public, and both internal City Departments and external agencies to determine the needs of the Clovis community and plan for the allocation of available resources relative to the Consolidated Planning period, and this Action Plan. Internally, Clovis met with several department representatives to provide information about the Consolidated Plan and the Community Development Block Grant. Department staff provided input on how CDBG resources can be utilized and leveraged to provide services such as housing programs, economic development, and infrastructure improvements.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of Clovis currently does not have publicly-owned housing. However, the City works closely with the Housing Authority to provide referrals for Housing Choice vouchers to Clovis residents. City staff corresponds regularly with Housing Authority administrators and staff to ensure coordination regarding development of affordable housing. In the 2023-2024 program year, the City continued to work with the Housing Authority and a local non-profit housing developer to set aside funding to provide for additional affordable rental units in the City. The City coordinates with other agencies including private and governmental health, mental health and service agencies through our participation in the Fresno Madera Continuum of Care (FMCoC). City staff participates in regular board meetings and holds a membership position on the FMCoC executive board. As a Board Member, City staff helps form policy, and assists in rating applications for funding.

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

The City of Clovis is an active member of the Fresno Madera Continuum of Care (FMCoC), which is the organization that acts as the regional planning body to address homelessness. This collaborative group addresses chronic homelessness, homelessness prevention, and discharge coordination policies on the region-wide basis of Fresno and Madera Counties, which includes the City of Clovis. Based upon the consultation process, the City has recognized a need for shelters for other at-risk populations such as youth and veterans and will pursue projects to serve these populations.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS 191
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The City of Clovis does not receive ESG funding.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
See table below
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Fresno Madera Continuum of Care Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Victims of Domestic Violence
Services-homeless
Services - Victims
Regional organization
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
City staff presented the public comment period and availability of the Action Plan draft at the April 11, 2024 FMCOC General Membership meeting. Based upon the consultation process, the City has recognized a need for shelters and other housing for at-risk populations such as youth and veterans, and will pursue projects to serve these populations. 2 Agency/Group/Organization Fresno Housing Authority
Agency/Group/Organization Type Housing
PHA
Services - Housing
Services-Children
Services-Persons with Disabilities
Services-homeless
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Market Analysis
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Based upon the consultation process, the City has recognized a need for public housing.

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

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

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

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

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Clovis’ Citizen Participation Plan (CPP) encourages citizens, particularly LMI residents, to participate in the development of the Consolidated Plan, Action Plans, Substantial Amendments, and Annual Performance Reports. Citizens are engaged through community meetings, public hearings, and individual interviews.

City staff also held three public meetings in the development of the Action Plan. • The first public meeting was an application workshop, held on February 8, 2024, that also provided information regarding the Consolidated Plan and Action Plan. Staff provided instructions on how to fill out the CDBG Proposal Application to apply for CDBG funding. The meeting notice was shared via email on January 26, 2024 to over 47 local non-profit service providers, including those who service limited English speaking persons, it was also published on the City’s social media websites on January 26, 2024 and noticed in English and Spanish in two local newspapers, The Business Journal and The Fresno Bee, which serve Clovis and the surrounding areas, on January 26, 2024. One person attended this meeting, and there were no public comments made at the meeting regarding the Action Plan. The City received one comment to the Facebook post announcing this meeting, as shown in the table below.
• The second public meeting was held on March 14, 2024. Staff provided information regarding the Consolidated Plan and the Action Plan. This meeting was held to obtain citizen input and to respond to proposal related questions. The meeting notice was shared via email on February 26, 2024 to over 47 local non-profit service providers, it was also published on the City’s social media and website on February 28, 2024 and again on March 11, 2024. The meeting was also noticed in English and Spanish in both The Business Journal and The Fresno Bee, on February 28, 2024. Four people attended the meeting, which included a robust discussion on the City’s Consolidated Plan and Housing Goals, as well as several questions regarding the use of CDBG funds for homelessness assistance. Attendees also had several questions that were not CDBG funding related, including questions regarding zoning ordinances and accessory dwelling unit programming. The City received two comments to the Facebook post announcing this meeting, as shown in the table below.
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The City was prepared to provide interpreters for non-English speaking citizens upon request for all public meetings, however, no requests were made. Both public input meetings and the public hearing were held during evening hours at convenient locations that accommodate persons with disabilities. 196
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Citizen Participation Outreach
Table 4 – Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/attendance
Summary of
Comments received
Summary of
comments
not accepted
and reasons
URL (If
applicable)
1 Public
Meeting
Minorities
Non-English Speaking -
Specify other language:

Spanish
Persons with disabilities
Potential CDBG Applicants
2/8/2024 workshop
meeting - 1 person
attended
None None
2 Newspap
er Ad
Minorities
Non-English Speaking -
Specify other language:

Spanish
Non-targeted/broad
community
General Public and Potential
CDBG Applicants
Newspaper publications
on 1/26/2024 for
2/8/2024 workshop
meeting: No responses
None None
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Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/attendance
Summary of
Comments received
Summary of
comments
not accepted
and reasons
URL (If
applicable)
3 Internet
Outreach
Minorities
Non-English Speaking -
Specify other language:

Spanish
Persons with disabilities
Non-targeted/broad
community
General Public and Potential
CDBG Applicants
3 comments submitted
on Facebook
Comment 1: Hopefully this
affordable housing plan will
include single hard working
men/woman with no
children. That community of
people are over looked and
should not be.

Comment 2: Nope. Nobody
wants low income housing
on Willow. Keep the land
and orchards.

Comment 3: Including
everyone? Street vendors
too? [City replied: Public
Meetings are open to all;
commentator replied: thank
you]
All comments
were
accepted and
incorporated
into this
Action Plan.
https://ww
w.facebook.
com/clovis.
ca
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Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/attendance
Summary of
Comments received
Summary of
comments
not accepted
and reasons
URL (If
applicable)
4 Public
Meeting
Minorities
Non-English Speaking -
Specify other language:

Spanish
Non-targeted/broad
community
Residents of Public and
Assisted Housing
General Public and Potential
CDBG Applicants
3/14/2024 meeting - 4
persons attended
Attendees participated in a
robust discussion regarding
the City's Consolidated Plan
and Housing Goals.

Questions were made
regarding the use of CDBG
funds, particularly for
homelessness assistance.

None
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Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/attendance
Summary of
Comments received
Summary of
comments
not accepted
and reasons
URL (If
applicable)
5 Public
Hearing
Minorities
Non-English Speaking -
Specify other language:

Spanish
Persons with disabilities
Non-targeted/broad
community
Residents of Public and
Assisted Housing
General Public and Potential
CDBG Beneficiaries
5/6/2024 meeting

PLACEHOLDER

PLACEHOLDER
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City anticipates that, over the Consolidated Plan Period, the CDBG Entitlement allocation will equal $3,750,000. The City received $748,745 in year one, $698,855 in year two, and $652,542 in year 3, of the 5 year Plan Period. As of the publication of this draft Action Plan, the federal government has not provided the annual CDBG funding allocations. For the development of this draft Action Plan, the City estimates receiving $650,000 in CDBG Funds. The City of Clovis is committed to leveraging as many funds as possible against the CDBG allocation, including the following:
• State of California CalHome Program funds for housing rehabilitation and homeownership assistance
• Permanent Local Housing Allocation Funds for housing development • HOME program funds through a State allocation for housing assistance • Remnant Housing Successor Agency funds for housing assistance • Local Funds
An increase or decrease in the estimated CDBG funding level will be applied to the Holland/Richert Alley Improvements (Peach/Homsy) Project, and will be reflected in the adjustments to the funding level allocations for Public Services (15% maximum) and Administration (20% maximum) (see project activities table below).
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Anticipated Resources
Table 5 - Expected Resources – Priority Table
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative
Annual Description
Allocation
: $
Program
Income:
$
Prior Year
Resources
: $
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing Public
Improvements
Public
Services
650,000 0 0 650,000 1,649,858
The expected
amount
available
remainder of
Con Plan does
not include a
deduction of
proposed 2024-
2025 CDBG
funds
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied There is no matching requirement for the use of CDBG funds. However, Clovis strives to leverage as many funding sources as possible when planning community and economic development activities. For example, in the previous funding year, and for future funding years, Clovis leverages remnant Housing Successor Agency funds, HOME Program funds, Permanent Housing Local Allocation Funds, State CalHome Program funds, and local funds for the purpose of expanding and preserving Clovis' affordable housing stock.
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City has identified two parcels of publicly owned land that will be targeted towards addressing the housing needs identified in this Action Plan. It is anticipated that the properties will be utilized as part of the proposed Housing Trust Fund, to help incentivize the development of affordable housing. The properties are located at 650 Fowler Avenue, and at 354 Osmun Circle. Staff will also continue to search for additional land purchase opportunities.

Discussion
The City of Clovis is committed to leveraging as many funds as possible against the CDBG allocation. In 2021 the City provided $1,000,000 to the Fresno Housing Authority for the construction of 60 units of affordable housing. The funding was provided through the City’s Affordable Housing Development Impact Fee Reduction Program. In 2022, the City provided $300,000 in Development Impact Fee Reduction funds to assist the City’s first permanent supportive housing development, Butterfly Gardens. The 75-unit project provides housing and supportive services to disabled individuals and at-risk homeless individuals.

The City was awarded State of California CalHome Program funds in 2020, which have been leveraged with CDBG Program funds for housing rehabilitation activities. These funds are focused on owneroccupied housing rehabilitation, including mobile home repair and replacements, which house extremely low, and low-income seniors who are at high risk of homelessness. City staff commenced administration of this program in July 2022, and has processed over 26 applications. Of these, 20 applicants were selected for funding. A total of 6 homes are completed, 5 are scheduled to be completed before June 30, 2024, and the remaining 9 will be completed in the 2024-2025 program year.

The City has also been awarded California CalHome Program funds from the 2023 Program Year. These funds will also be leveraged with CDBG Program Funds to provide for housing rehabilitation activities. It is anticipated that 20 units will be rehabilitated over the 3 year program period. A portion of the 2023 CalHome Program Funds will be allocated towards mortgage assistance in the purchase of mobile homes.

It is anticipated that 8 homes will be purchased over the 3 year program period.

Previously, the City received $1,559,243 in Permanent Local Housing Allocation (PLHA) Program funds from the State of California, for the preservation and/or development of affordable housing. In January 2024, the City awarded $1,481,280 to a local affordable housing developer, AHDC Inc., who, in partnership with the Fresno Housing Authority, proposes to build a 51-unit affordable senior housing development.

The project is currently in the pre-development stage. AHDC will apply for state and federal development funds during the 2024 and 2025 years. Additional PLHA funds, in the amount of $320,932, was awarded to the City in early 2024. Programming for the use of the 2024 PLHA funds will be determined in the 2024 calendar year.
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In the 2024-2025 program year, the City anticipates creating two new locally funded affordable housing development assistance programs. The Development Impact Fee Deferral Program will provide for the deferral of up to 50% of a housing unit’s major facility sewer and water impact fees, depending on income targeting/affordability of the unit. The Clovis Housing Trust Fund Program will establish a local fund to hold and expend affordable housing funds and be available to accept the future transfer of real property into the name of the Housing Trust Fund to assist in the development and preservation of affordable housing. These program funds will be leveraged with state and federal program funds, as applicable, to maximize affordable housing opportunities. 204
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Note, the annual allocation of CDBG funds has not been approved by Congress. The City of Clovis has developed the proposed activity list below based on an estimated allocation of $650,000 in CDBG funds. Any increase or decrease in the estimated CDBG funding level will be applied to the Holland/Richert Alley Improvements (Peach/Homsy) Project, and will be reflected in the adjustments to the funding level allocations for Public Services (15% maximum) and Administration (20% maximum).

Table 6 – Goals Summary
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Administration 2021 2025 Administration City of Clovis Low-Moderate
Census Tracts
Increase, Improve, and
Preserve Affordable
Housing
Job Creation/Retention
Improve Public
Facilities
Improve Homeless
Shelters/Services
CDBG:
$130,000
2 Affordable
Housing
2021 2025 Affordable Housing City of Clovis
Low-Moderate
Census Tracts
Increase, Improve, and
Preserve Affordable
Housing
CDBG:
$100,000
Homeowner Housing
Rehabilitated: 10
Household Housing Unit
3 Infrastructure 2021 2025 Non-Housing
Community
Development
City of Clovis
Low-Moderate
Census Tracts
Improve Public
Facilities
Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
1605 Persons Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
4 Economic
Development
2021 2025 Non-Housing
Community
Development
City of Clovis
Low-Moderate
Census Tracts
Job Creation/Retention CDBG:
$55,000
Jobs created/retained: 10
Jobs
5 Public Services 2021 2025 Crime Awareness
*NOTE: Two projects
will be funded, one for
assistance for
homeless, and one for
assistance to seniors
(neither are Crime
Awareness activities)
City of Clovis
Low-Moderate
Census Tracts
Improve Homeless
Shelters/Services
CDBG:
$97,500
Public service activities
other than Low/Moderate
Income Housing Benefit:
208 Persons Assisted
Goal Descriptions
1 Goal Name Administration
Goal
Description
Any increase or decrease in the estimated CDBG funding level will be applied to the Holland/Richert Alley Improvements (Peach/Homsy) Project, and will be reflected in the adjustments to the funding level allocations for Public Services (15% maximum) and Administration (20% maximum).
2 Goal Name Affordable Housing
Goal
Description
Provide rehabilitation services to LMI owner-occupied households. 3 Goal Name Infrastructure
Goal
Description
Any increase or decrease in the estimated CDBG funding level will be applied to the Holland/Richert Alley Improvements (Peach/Homsy) Project, and will be reflected in the adjustments to the funding level allocations for Public Services (15% maximum) and Administration (20% maximum).
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4 Goal Name Economic Development
Goal
Description
Provide grants for low-income individuals to start businesses at the Clovis Culinary Center - Micro - enterprise 5 Goal Name Public Services
Goal
Description
Any increase or decrease in the estimated CDBG funding level will be applied to the Holland/Richert Alley Improvements (Peach/Homsy) Project, and will be reflected in the adjustments to the funding level allocations for Public Services (15% maximum) and Administration (20% maximum).
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Projects
AP-35 Projects – 91.220(d)
Introduction
The Consolidated Plan goals described in the AP-20 Goals section represent high (and medium) priority needs for the City of Clovis, and serve as the basis for the strategic actions the City will implement to meet those needs. The City’s goal in meeting these needs is to expand and preserve the affordable housing stock in Clovis, as well as provide public facilities improvements and public services that will strengthen neighborhood revitalization, particularly in low-income neighborhoods. The City of Clovis’ Consolidated Plan preparation coincided with the development of the first year of the Action Plan. This Annual Action Plan represents year four of the five-year plan.

Projects
Table 7 - Project Information
# Project Name
1 2024-2025 CDBG Administration
2 2024-2025 Housing Rehabilitation Program Grants
3 2024-2025 Micro-Enterprise Culinary Kitchen
4 2024-2025 Santa Ana Avenue Sidewalk Installation
5 2024-2025 Holland/Richert Alley Improvements (Peach to Homsy) 6 2024-2025 Clovis Senior Center Enrichment Activities
7 2024-2025 Marjaree Mason Center Critical Domestic Violence Services Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The projects have been selected based on consultation with the public, City departments, and outside agencies. Allocation priorities and decisions were also made based on the emerging needs from the assessments made in the needs assessment section of the 2021-2025 Consolidated Plan, as well as public consultations through the annual City of Clovis development survey. These priorities have been selected based on the most pressing needs of the City.

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AP-38 Project Summary
Table 8 - Project Summary Information
1 Project Name 2024-2025 CDBG Administration
Target Area City of Clovis Low-Moderate Census Tracts
Goals Supported Administration
Needs Addressed Increase, Improve, and Preserve Affordable Housing Job Creation/Retention
Improve Public Facilities
Improve Homeless Shelters/Services
Funding CDBG: $130,000
Description Provide administration to implement the CDBG program.An increase or decrease in the estimated CDBG funding level will be applied to the Holland/Richert Alley Improvements (Peach/Homsy) Project, and will be reflected in the adjustments to the funding level allocations for Public Services (15% maximum) and Administration (20% maximum) (see project activities table below).

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
n/a
Location Description n/a
Planned Activities Program Administration
2 Project Name 2024-2025 Housing Rehabilitation Program Grants Target Area City of Clovis Low-Moderate Census Tracts
Goals Supported Affordable Housing
Needs Addressed Increase, Improve, and Preserve Affordable Housing Funding CDBG: $100,000
Description Provide rehabilitation services to LMI owner-occupied households. Grants of up to $8,000 per home are provided for health and safety repairs, as well as weatherization, and other eligible repairs.

Target Date 6/30/2025
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Estimate the number and
type of families that will
benefit from the
proposed activities
10 low-income families will benefit from this activity
Location Description Projects will be located citywide within the City of Clovis.

Planned Activities Provide housing rehabilitation to low-income owner-occupied households. 3 Project Name 2024-2025 Micro-Enterprise Culinary Kitchen Target Area City of Clovis Low-Moderate Census Tracts
Goals Supported Economic Development
Needs Addressed Job Creation/Retention
Funding CDBG: $55,000
Description Provide grants for low-income individuals to start a business at the Clovis Culinary Center.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
10 low-income business owners will benefit from this activity Location Description
Planned Activities Provide grants for low-income individuals to start businesses at the Clovis Culinary Center.
4 Project Name 2024-2025 Santa Ana Avenue Sidewalk Installation Target Area City of Clovis Low-Moderate Census Tracts
Goals Supported Infrastructure
Needs Addressed Improve Public Facilities
Funding CDBG: $124,000
Description This project will install continuous sidewalk along the south side of Santa Ana Avenue from Peach to Villa Avenues. Currently, there are significant gaps of sidewalk in this area, leaving it un-walkable, particularly during times of rain.

Target Date 6/30/2026
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Estimate the number and
type of families that will
benefit from the
proposed activities
An estimated 1,055 LMI persons will be assisted with this activity within this neighborhood.

Location Description Sidewalk located along the south side of Santa Ana Avenue from Peach to Villa Avenues
Planned Activities Install sidewalk where none currently exists. 5 Project Name 2024-2025 Holland/Richert Alley Improvements (Peach to Homsy) Target Area City of Clovis Low-Moderate Census Tracts
Goals Supported Infrastructure
Needs Addressed Improve Public Facilities
Funding CDBG: $143,500
Description The proposed project will provide safe alleyway access to all the residents located around the project area. Improvements include clearing & grubbing, grinding existing AC pavement and replacing with new 2" AC / 4" AB section, installation of concrete valley gutters and drive approaches, and raising utilities to finished grade. This project involves approximately 0.20 miles of alley improvements. An increase or decrease in the estimated CDBG funding level will be applied to the Holland/Richert Alley Improvements (Peach/Homsy) Project, and will be reflected in the funding level allocations for Public Services (15% maximum) and Administration (20% maximum).

Target Date 6/30/2026
Estimate the number and
type of families that will
benefit from the
proposed activities
An estimated 550 persons will be assisted with this activity within this neighborhood.

Location Description Alley located between Holland and Richert Alley, between Peach to Homsy Avenues.

Planned Activities Reconstruct an alley located between Holland and Richert Alley, between Peach to Homsy Avenues.
6 Project Name 2024-2025 Clovis Senior Center Enrichment Activities Target Area
Goals Supported Public Services
Needs Addressed Special Needs Services
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Funding CDBG: $48,750
Description The project will provide new and enhanced programs, services and classes in order to serve more senior citizens at the Clovis Senior Center. An increase or decrease in the estimated CDBG funding level will be applied to the Holland/Richert Alley Improvements (Peach/Homsy) Project, and will be reflected in the funding level allocations for Public Services (15% maximum) and Administration (20% maximum).

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
The project is anticipated to assist 58 limited clientele seniors.

Location Description Services will be provided at the Clovis Senior Center.

Planned Activities Provision of enrichment activities for limited clientele seniors. 7 Project Name 2024-2025 Marjaree Mason Center Critical Domestic Violence Services Target Area City of Clovis Low-Moderate Census Tracts
Goals Supported Public Services
Needs Addressed Improve Homeless Shelters/Services
Funding CDBG: $48,750
Description The project will provide supportive services for community outreach and critical services for survivors and their families recovering from domestic violence. An increase or decrease in the estimated CDBG funding level will be applied to the Holland/Richert Alley Improvements (Peach/Homsy) Project, and will be reflected in the funding level allocations for Public Services (15% maximum) and Administration (20% maximum).

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
The project is anticipated to assist 150 limited clientele-DV households.

Location Description Services will be provided in the City of Clovis.

Planned Activities This program will be used to support 24/7 safe shelter and critical support services for survivors of domestic violence as well as outreach programs which increase awareness of domestic violence and its impact on the community.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed • Home rehabilitation assistance will be open to all LMI owner-occupied households throughout Clovis.
• Public Infrastructer projects will take place only in LMI Census Tract/Block Group(s). • The microenterprise program will be open to LMI small business entrepreneurs and will take place in Clovis.
• The public services programs will be available to Limited Clientele persons and will take place in Clovis
Geographic Distribution
Table 9 - Geographic Distribution
Target Area Percentage of Funds
City of Clovis Low-Moderate Census Tracts 100
Rationale for the priorities for allocating investments geographically CDBG public infrastructure investments will be made in Census Tracts where at least 51% of the residents are low- to moderate-income.

Discussion
A map identifying low- to moderate-income census tracts is attached as an Appendix to this Action Plan as Grantee Unique Appendices (“LMI Map”).
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The City of Clovis prioritizes activities that preserve or develop the affordable housing stock in Clovis. Over the last several years, the City has participated with both the Fresno Housing Authority and affordable housing developers for the creation of new affordable housing units. Additionally, in the 2024-2025 program year, the City anticipates creating two new locally funded affordable housing development assistance programs. These program funds will be leveraged with state and federal program funds, as applicable, to maximize affordable housing opportunities. The table below identifies households to be assisted in regards to Affordable Housing. A total of 10 households will be assisted through the CDBG funded owner-occupied housing rehabilitation program activities. It is expected that 150 persons will be assisted by the Marjaree Mason Center through public service set aside, to ensure survivors of domestic violence can find safe shelter and avoid homelessness.

Table 10 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households to be Supported Homeless 150
Non-Homeless 10
Special-Needs 0
Total 160
Table 11 - One Year Goals for Affordable Housing by Support Type One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 10
Acquisition of Existing Units 0
Total 10
Discussion
To assist in meeting the City’s Affordable Housing goals, the City intends to utilize CDBG financing to provide grants to low-income homeowners to assist in the rehabilitation of their home. It is anticipated that the program will benefit 10 homeowners in the 2024-2025 program year. Up to $8,000 in grant funding is made available to low-income homeowners to provide for health and safety repairs, as well as provide for weatherization as an eligible use second to health and safety uses.

In the 2024-2025 program year, the City will provide CDBG public service set aside funds to the Marjaree Mason Center. The Marjaree Mason Center will fund 24/7 safe shelter and critical support services for 214
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survivors of domestic violence as well as outreach programs which increase awareness of domestic violence and its impact on the community.

Non-Federal Sources:

In 2021, the City partnered with the Housing Authority to develop Solivita Commons, a 59-unit affordable housing development, available to households earning less than 60% of area median income. In addition, Butterfly Gardens, a 75-unit supportive housing project targeting disabled individuals and at-risk homeless individuals completed construction in October 2022. This project is in partnership with the County of Fresno Behavioral Health Department and a private not-for-profit developer.

The City has also previously received $1,559,243 in Permanent Local Housing Allocation (PLHA) Program funds from the State of California, for the preservation and/or development of affordable housing. In January 2024, the City awarded $1,481,280 to a local affordable housing developer, AHDC Inc., who, in partnership with the Fresno Housing Authority proposes to build a 51-unit affordable senior housing development. The project is currently in pre-development. AHDC will apply for state and federal development funds during the 2024-2025 years. Additional PLHA funds, in the amount of $320,932, was awarded to the City in early 2024.

Additionally, the City works closely with the Fresno Housing Authority to provide referrals to the Housing Choice Voucher program for Clovis residents. As population demographics continue to change and need continues to rise, Clovis will explore further partnerships with the Housing Authority and other affordable housing developers to develop additional affordable housing projects in Clovis.

Finally, during the upcoming program year, the City of Clovis will be creating two new affordable housing programs, with the use of local funds, to help meet the goal of providing safe, decent and affordable housing. The Development Impact Fee Deferral Program will provide for the deferral of up to 50% of a housing unit’s major facility sewer and water impact fees, depending on income targeting/affordability of the unit. The Clovis Housing Trust Fund Program will establish a local fund to hold and expend affordable housing funds and be available to accept the future transfer of real property into the name of the Housing Trust Fund to assist in the development and preservation of affordable housing. 215
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AP-60 Public Housing – 91.220(h)
Introduction
The City of Clovis does not currently own or manage public housing.

Actions planned during the next year to address the needs to public housing The City will continue to partner with the local Housing Authority to address needs of public housing.

Additionally, staff regularly refers Clovis residents to the Housing Authority when they are in search of public housing units and/or voucher assistance.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
The City will work with the local Housing Authority to market the 2023 CalHome Program funds for homeownership. Funds in the amount of $415,600 will be available over 3 program years to provide mortgage assistance to low income first time homebuyers in their purchase of a mobile home.

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

Discussion
Please refer to the narrative above.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City of Clovis doesn’t receive direct state or federal funding to assist the homeless population or other special needs populations. The City of Clovis is an active member of the Fresno Madera Continuum of Care (FMCoC), which is the organization that acts as the regional planning body to address homelessness in the region. This collaborative group addresses chronic homelessness, homelessness prevention, and discharge coordination policies on the region-wide basis of Fresno and Madera Counties, which includes the City of Clovis. Based upon the consultation process, the City has recognized a need for shelters for other at-risk populations such as youth and veterans, and has provided funding to a 75-unit permanent supportive housing project, Butterfly Gardens, that provides permanent supportive housing units for disabled and at risk homeless individuals.

In the 2024-2025 program year, the City of Clovis will provide CDBG funds to the Marjaree Mason Center, a local non-profit that provides safe shelter and lifesaving supportive services for individuals and families affected by domestic violence. In addition to the provision of CDBG funds, the City will continue to pursue funding and projects to serve these populations. Clovis shares tax revenue with Fresno County that helps support programs such as the Marjaree Mason Center, which reports servicing over 300 battered women from the Clovis area per year. In addition, the tax revenue supports the EOC Sanctuary Youth Center that reports sheltering over 200 homeless youths ages 11-17 annually.

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

Despite the FMCoC’s efforts to expand housing availability and services, the overall count of the number of persons experiencing homelessness continues to increase significantly, as compared to the 2020 Count.

At 4,216 homeless individuals, the 2022 report represents an increase of 15.8% in comparison to the 2020 PIT. Of the 4,216 individuals, 2,338 were experiencing unsheltered homelessness, 1,524 were using emergency shelters, and 336 were using transitional housing. The PIT identified a total of 5,101 homeless specific housing units that were operational within Fresno County and Madera County as of February 23, 2022.

Per the information provided in the 2022 PIT, the Count in the region rose to a peak in 2011, gradually declined for several years after that, and then began increasing again, with a sharper increase over the last two years. This pattern roughly tracks the progress of the economy: homelessness rose during the last years of the Great Recession in 2009 and 2010, then fell over the next few years as the economy recovered, then began rising again around 2017 as droughts and layoffs reduced job market opportunities in the Central Valley, then further increased in 2019 as the COVID-19 pandemic interfered with service and entertainment jobs. Homelessness is often a lagging indicator of general poverty: when people are laid off from work, they often will be able to remain housed for a year or two using savings, help from family, and so on before running out of options. It is worth noting that the last few years have seen a truly impressive increase in the number of emergency shelter beds available in the FMCoC region. This has caused the number of people experiencing unsheltered homelessness in the FMCoC to decrease by about 217
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13%, even as the total number of people experiencing homelessness has been increasing.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
As mentioned above, the City proposes to provide 2024-2025 program year CDBG funds to the Marjaree Mason Center. This program will be used to support 24/7 safe shelter and critical support services for survivors of domestic violence as well as outreach programs which increase awareness of domestic violence and its impact on the community. Families that are victims of domestic violence, dating violence, sexual assault, and stalking are most likely to need emergency housing, rapid re-housing, or homeless prevention assistance as they may be hiding from their assailants. They are at risk of being homeless as a result of their experiences. It is anticipated that 150 persons will receive assistance with this CDBG funded program.

The City is also an active supporter of the FMCoC’s Coordinated Entry System. The Coordinated Entry System provides an integrated intake process that connects individuals facing housing, domestic violence, substance abuse, physical health and/or mental health challenges to supportive services. Those needing service can access the system at various multi-Agency access points of entry (MAP), or via telephone. MAP access points are located throughout the County, and specifically at the Poverello House (a homeless shelter), Clinica Sierra Vista, Fresno EOC, The Welcome Center and at the Marjaree Mason Center. Those needing homeless services within Clovis are referred to the MAP sites, and/or to the 24 hour telephone access line.

Addressing the emergency shelter and transitional housing needs of homeless persons The City of Clovis amended their Development Code to allow emergency shelters and transitional housing, by-right, in any area that allows residential development. The first project to come to fruition is Butterfly Gardens. In the 2024-2025 program year, the City of Clovis will also provide CDBG funds to the Marjaree Mason Center to provide assistance to survivors of domestic violence. The number of survivors seeking safe shelter and domestic violence support services continues to rise each year. Clients will be provided with comprehensive case management services, individual and group counseling, legal advocacy, housing assistance, employment assistance, financial planning, transportation and linkages to additional service providers when appropriate.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were 218
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recently homeless from becoming homeless again
In October 2022, the City welcomed its first dedicated permanent supportive housing development, Butterfly Gardens. The 75-unit project was a result of a partnership with the County of Fresno Behavioral Health Department, and a private non-profit housing developer. Butterfly Gardens provides housing and supportive services to disabled individuals and at-risk homeless individuals. City staff continues to meet regularly with management staff from Butterfly Gardens to provide any needed support and to ensure the project partnership continues. Additionally, City staff regularly refers persons needing housing assistance to the various MAP sites, and to the 24-hour intake telephone line.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

In addition, Clovis residents have access to many facilities within Fresno County, including assisted and independent residential facilities for both the general adult population and the elderly. There are over 200 residential elderly care facilities in the County of Fresno, with capacity for over 5,000 persons. There are over 150 Adult residential facilities, with capacity for over 900 persons. • Residential Care Facilities for the Elderly provide care, supervision and assistance with activities of daily living, such as bathing and grooming. They may also provide incidental medical services under special care plans. The facilities provide services to persons 60 years of age and over, and persons under 60 with comparable needs. These facilities can also be known as assisted living facilities, nursing homes, and board and care homes.

Adult Residential Facilities are facilities of any capacity that provide 24-hour non-medical care for adults ages 18-59, who are unable to provide for their own daily needs. Adults may be physically handicapped, developmentally disabled, and/or mentally disabled.

Discussion
The Marjaree Mason Center has over 40 years of experience in providing safe shelter and lifesaving supportive services for individuals and families affected by domestic violence. CDBG funds will be used to support 24/7 safe shelter and critical support services for survivors of domestic violence as well as outreach programs which increase awareness of domestic violence and its impact on the community.

Domestic violence is a vicious cycle of power and control that includes (but is not limited to) isolation, physical assault, verbal abuse, emotional abuse, sexual abuse and financial abuse; the long-term effects of which often lead victims to experience depression, anxiety, fear, homelessness, unemployment and financial instability. Clients will receive comprehensive case management services, individual and group 219
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counseling, legal advocacy, housing assistance, employment assistance, financial planning, transportation and linkages to additional service providers when appropriate.

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

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

The City is a recipient of State of California CalHome program funds. These funds are focused on owneroccupied rehabilitation including mobile home replacements which house extremely low-income seniors who are at high risk of homelessness. In addition, a small portion of the funds will be used for downpayment assistance.

The City is also a recipient of Permanent Local Housing Allocation (PLHA) program funds. In January 2024, the City awarded $1,481,280 in PLHA funds to a local affordable housing developer, AHDC Inc., who, in partnership with the Fresno Housing Authority proposes to build a 51-unit affordable senior housing development. The project is currently in pre-development. AHDC will apply for state and federal development funds during the 2024-2025 years. Additional PLHA funds, in the amount of $320,932, was awarded to the City in early 2024. Programming for the additional PLHA funds will be determined in the 2024-2025 program year.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

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

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

Discussion:

Obtaining financing for purchasing a first home can be a daunting task. Many low-income families depend on the availability of government resources to assist them complete a financing package to purchase a home. Clovis staff will continue to apply for and administer mortgage assistance, or first-time homebuyer programs to assist low-income families purchase a home. For the 2024-2025 program year, Clovis proposes to utilize federal funds and state funds for downpayment assistance/mortgage assistance.

Additionally, the City is currently updating its Housing Element, for the state of California. New housing and planning programs will be identified in the Housing Element to remove or ameliorate the negative effects of past policies that at times were barriers to the provision of affordable housing. 221
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AP-85 Other Actions – 91.220(k)
Introduction:

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

The City will prioritize funding to meet the following Consolidated Plan goals:
• Improve Public Facilities
• Increase access to affordable housing
• Provide community and supportive services
• Expand economic development, including commercial revitalization, business expansion, and/or job creation
Actions planned to address obstacles to meeting underserved needs In the 2024-2025 program year, the City will provide CDBG public service set aside funds to two organizations, the Clovis Senior Center, and the Marjaree Mason Center. The Clovis Senior Center Enrichment Activities project will provide new and enhanced programs, services and classes in order to serve more senior citizens at the Clovis Senior Center. The Marjaree Mason Center will fund 24/7 safe shelter and critical support services for survivors of domestic violence as well as outreach programs which increase awareness of domestic violence and its impact on the community.

Additionally, the City will continue to pursue additional Federal, State, local and private funding, when available, to assist in meeting the underserved needs of Clovis residents. The City will continue partnering with community based organizations, businesses and other public agencies to increase and align services in the community.

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

The City of Clovis is undergoing an update to its Housing Element, which is planned to be completed and approved by the State of California in 2024. The update will provide guidance to City Departments, residents, business and housing developers on how to strategically provide housing for all income levels, particularly those with lower incomes.
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Annual Action Plan - 2024 39
OMB Control No: 2506-0117 (exp. 09/30/2021)
Additionally, in the 2024-2025 program year, the City anticipates creating two new locally funded affordable housing development assistance programs. The Development Impact Fee Deferral Program will provide for the deferral of up to 50% of a housing unit’s major facility sewer and water impact fees, depending on income targeting/affordability of the unit. The Clovis Housing Trust Fund Program will establish a local fund to hold and expend affordable housing funds and be available to accept the future transfer of real property into the name of the Housing Trust Fund to assist in the development and preservation of affordable housing. These program funds will be leveraged with state and federal program funds, as applicable, to maximize affordable housing opportunities.

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

The City will also continue to administer its "Cottage Home Program" to incentivize the construction of accessory dwelling units (ADU). The City offers three pre-approved ADU building plans free of charge to residents who propose to build a Cottage Home on their property. A goal of the program is to provide additional affordable housing opportunities for the community.

The City was recently awarded $1.8M in 2023 funds from the State of California CalHome program. These funds are focused on owner-occupied mobile home rehabilitation, including mobile home replacements, which house extremely low-income seniors who are at high risk of homelessness. In addition, a small portion of the funds will be used for down-payment assistance.

Actions planned to reduce lead-based paint hazards
City staff will continue to provide households with resources and guidance to reduce lead-based paint hazards. All housing program participants receive the "Protect Your Family From Lead in Your Home" pamphlet published by the US Environmental Protection Agency. All required precautions are taken to ensure lead is not disturbed with projects assisted with CDBG funds, and that vulnerable residents are not 223
AGENDA ITEM NO. 12.

Annual Action Plan - 2024 40
OMB Control No: 2506-0117 (exp. 09/30/2021)
exposed.

Actions planned to reduce the number of poverty-level families The City was recently awarded $1.8M in funds from the State of California CalHome program. These funds are focused on owner-occupied mobile home rehabilitation, including mobile home replacements, which house extremely low-income seniors who are at high risk of homelessness. In addition, a small portion of the funds will be used for down-payment assistance.

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

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

Discussion:

The City of Clovis is committed to seeking funding, coordinating with agencies, and planning for the provision of services to our community, particularly those in high need. 224
AGENDA ITEM NO. 12.

Annual Action Plan - 2024 41
OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

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

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

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

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

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

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

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 100% of the CDBG funds used during the 2024-2025 program year will be for the benefit of LMI persons. 225
AGENDA ITEM NO. 12.

ATTACHMENT

LOW-MODERATE INCOME CENSUS TRACT MAP
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AGENDA ITEM NO. 12.

56.02 Block1

56.02 Block4

56.07 Block1

56.07 Block3

56.07 Block4 57.04
Block1

57.01 Block3

57.04 Block4

56.02 56.08 Block3
Block1

56.08 Block2

31.02 Block3

31.02 Block4

31.03 Block3

31.02 Block5 31.02
Block2

31.03 Block4

31.03 Block5 59.11
Block2

31.02 Block1

CHESTNUT
WILLOW
PEACH

MINNEWAWA
CLOVIS

SUNNYSIDE

ARMSTRONGTEMPERANCE
FOWLER
LOCAN

DE WOLF

LEONARD
DAKOTA
ASHLAN

GETTYSBURG
SHAW

BARSTOW

BULLARD
SIERRA

HERNDON

ALLUVIAL

56.06 Block2
Eligible
CDBG Areas
City Limits
Eligible Census
Block Groups µ
9/2/2022
227
AGENDA ITEM NO. 12.

ATTACHMENT
Citizen Participation and Comment
2024-2025 Annual Action Plan (CDBG)

CONTENTS

1. Summary of Public Comments Received

2. Proof of Publications for Public Meetings and Public Hearing

3. Facebook and Other Public Meeting Notices

4. Webpage posting: www.cityofclovis.com
228
AGENDA ITEM NO. 12.

Summary of Public Comments Received
1/26/2024
Comment on Facebook Public Meeting Notice:

Comment 1: Hopefully this affordable housing plan will include single hard working men/woman with no children. That community of people are over looked and should not be. 3/14/2024
Comment on Facebook Public Meeting Notice:

Four people attended the meeting, which included a robust discussion on the City’s Consolidated Plan and Housing Goals, as well as several questions regarding the use of CDBG funds for homelessness assistance.

Attendees also had several questions that were not CDBG funding related, including questions regarding zoning ordinances and accessory dwelling unit programming. 5/6/2024
placeholder
229
AGENDA ITEM NO. 12.

Proof of Publications for Public Meetings and Public Hearing 230
AGENDA ITEM NO. 12.
231
AGENDA ITEM NO. 12.
232
AGENDA ITEM NO. 12.

AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 122562 514082 Print Legal Ad-IPL01570910 - IPL0157091 $789.46 1 92 L Attention: City of
City of Clovis
1033 Fifth Street
Clovis, CA 93612
[email protected]

COUNTY OF DALLAS

STATE OF TEXAS
The undersigned states:

McClatchy Newspapers in and on all dates herein stated
was a corporation, and the owner and publisher of The
Fresno Bee.

The Fresno Bee is a daily newspaper of general
circulation now published, and on all-the-dates herein
stated was published in the City of Fresno, County of
Fresno, and has been adjudged a newspaper of general
circulation by the Superior Court of the County of
Fresno, State of California, under the date of November 28, 1994, Action No. 520058-9.

The undersigned is and on all dates herein mentioned
was a citizen of the United States, over the age of
twenty-one years, and is the principal clerk of the
printer and publisher of said newspaper; and that the
notice, a copy of which is hereto annexed, marked
Exhibit A, hereby made a part hereof, was published in
The Fresno Bee in each issue thereof (in type not
smaller than nonpareil), on the following dates.
1 insertion(s) published on:
01/26/24
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Dated: 01/31/2024
Notary Public in and for the state of Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy! 233
AGENDA ITEM NO. 12.

AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 122562 514083 Print Legal Ad-IPL01570940 - IPL0157094 $1,093.60 2 64 L Attention: City of
City of Clovis
1033 Fifth Street
Clovis, CA 93612
[email protected]

COUNTY OF DALLAS

STATE OF TEXAS
The undersigned states:

McClatchy Newspapers in and on all dates herein stated
was a corporation, and the owner and publisher of The
Fresno Bee.

Dated: 01/31/2024
Notary Public in and for the state of Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy! 234
AGENDA ITEM NO. 12.
235
AGENDA ITEM NO. 12.
•1·11F
USINr

FRESNO I KINGS I MAOERA I TULARE
P.O. Box 126
Fresno, CA 93707
Telephone (559) 490-3400
Jou L
(Space Below for use of County Clerk only)

IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA
jNECESITAMOS SU PARTICIPACION!
CIUDAD DE CLOVIS - 2024-2025 PROGRAMA DE FONDOS

PARA EL DESARROLLO DE LA COMUNIDAD

STATE OF CALIFORNIA

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

FEBRUARY 28, 2024
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Fresno, California.

FEBRUARY 28, 2024
ON ........................................ , ............................................. , .... , .. (� -' I �� ....... �\. ........ c)····· t::;r······
Meeting Information:

Date: March 14, 2024
Time: 5:00 P.M.

DECLARATION OF PUBLICATION
(2015.5 C.C.P.)
jNECESITAM9S SU
PARTIC[PACION!
CIUDAD DE CLOVIS - 2024-2025

PROGRAMA DE FONDOS PARA EL
DES.ARROLLO DE LA COMUNIDAD
La Ciudad de Clovis le hace una
invitaci6n a participar en una junta
tocante el Programa de Fondos
para el Desarro1lo Comunitario
(CDBG). Actualmente la Ciudad esta
desarrollando el Plan Anual para el
aiio 2024-2025, para el uso de estos
fondos, y necesitamos sus coment.arios
sobre cuales proyectos deberfan ser
c.onsiderados para el programa. :El
Programa CDBG es un programa de
fondos federales para ayudar en el
desarrollo de viviendas asequibles y
desarrollo de la comunidad para el
beneficio de personas de bajos ingresos.

Los proyectos que posiblemente
se llevaran a cabo a traves de este
programa son: 1) R.ehabiJitaci6n de
Viviendas, 2) Infraestructura ffsica
como agua, alcantarillado, banquetas,
calles, y drenaje, 3) Servicios Publicos
y 4) Desarrollo de Negocios.

Informaci6n de la Junta:

Dia: March 14, 2024
Hora: 5:00 P,M,
Lugar: Ayunta.miento de la Ciudad de
Clovis
Camara del Concilio
1033 Fifth Street
Clovis. CA 93612 Adenuls puede unirse a la junta por
computadora por el programa WebEx.

Enlace:
http s: //city of clovis. we bex. com/
cityofclovis/j .php?MTID=mcb6353b60
89888749c9d3f5c36e29d22
Numero del Webinar: 2491 559 3992
Contraseiia del Wehinar: 20241CDBG
(20240232 de su telefono)
Unase por telefono al: l-844-992-4726
Gratis en EEUU o (408) 418-9388 de
Paga EEUU I Codigo de Acceso: 2491
559 3992
Nombre de contacto: Claudia Cazares,
{559) 324-2094, claudiac@cityofclovis.
com
De acuerdo con las !eyes para personas
con discapacidad fisica (ADA), si usted necesita acceso especial, o si usted necesita servicios de traduccion, para participar en este programa, o
estas juntas, favor de llamar a Claudia
Cazares al (559) 324-2094, con 48 horas de adelanto para quc la Ciudad de Clovis pueda hacer los arreglos
necesarios para su acceso. Es la poliza de la Ciudad de Clovis de no d.iscriminar basado e.u su raza, col.or, origen de nacionalidad, religion, sexo, o preferencia sexual, Si tiene alguna
:queja o asunto, favor de contactar al coordinador de! Program 504 de la Citic.lad de Clovis al (559) 324-2060. 02/28/2024
236
AGENDA ITEM NO. 12.

AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 122562 524704 Print Legal Ad-IPL01615140 - IPL0161514 $764.80 2 44 L Attention: City of
City of Clovis
1033 Fifth Street
Clovis, CA 93612
[email protected]

COUNTY OF DALLAS

STATE OF TEXAS
The undersigned states:

McClatchy Newspapers in and on all dates herein stated
was a corporation, and the owner and publisher of The
Fresno Bee.

The undersigned is and on all dates herein mentioned
was a citizen of the United States, over the age of
twenty-one years, and is the principal clerk of the
printer and publisher of said newspaper; and that the
notice, a copy of which is hereto annexed, marked
Exhibit A, hereby made a part hereof, was published in
The Fresno Bee in each issue thereof (in type not
smaller than nonpareil), on the following dates.
1 insertion(s) published on:
02/28/24
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Dated: 02/28/2024
Notary Public in and for the state of Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy! 237
AGENDA ITEM NO. 12.

AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 122562 524703 Print Legal Ad-IPL01615130 - IPL0161513 $830.56 2 48 L Attention: City of
City of Clovis
1033 Fifth Street
Clovis, CA 93612
[email protected]

COUNTY OF DALLAS

STATE OF TEXAS
The undersigned states:

McClatchy Newspapers in and on all dates herein stated
was a corporation, and the owner and publisher of The
Fresno Bee.

The undersigned is and on all dates herein mentioned
was a citizen of the United States, over the age of
twenty-one years, and is the principal clerk of the
printer and publisher of said newspaper; and that the
notice, a copy of which is hereto annexed, marked
Exhibit A, hereby made a part hereof, was published in
The Fresno Bee in each issue thereof (in type not
smaller than nonpareil), on the following dates.
1 insertion(s) published on:
02/28/24
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Dated: 02/28/2024
Notary Public in and for the state of Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy! 238
AGENDA ITEM NO. 12.

Facebook and Other Public Meeting Notices
239
AGENDA ITEM NO. 12.
https://www.facebook.com/clovis.ca

POSTING OF PUBLIC NOTICES ON CITY OF CLOVIS FACEBOOK PAGE

AND OTHER SOCIAL MEDIA WEBPAGES
240
AGENDA ITEM NO. 12.

DATE: January 26, 2024
Facebook
Continued on next page
241
AGENDA ITEM NO. 12.

NextDoor Application Platform
Continued on next page
242
AGENDA ITEM NO. 12.

DATE: February 28, 2024
Facebook
rest of posting follows on next page
243
AGENDA ITEM NO. 12.

Continued on next page
244
AGENDA ITEM NO. 12.

NextDoor Application Platform
245
AGENDA ITEM NO. 12.

PLACEHOLDER FOR ADDITIONAL POSTINGS
246
AGENDA ITEM NO. 12.

NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING
FOR THE ADOPTION OF THE 2024-2025 CDBG ANNUAL ACTION PLAN April 5, 2024
NOTICE IS HEREBY GIVEN, that the City of Clovis will have copies of the 2024-2025 Annual Action Plan for the Community Development Block Grant (CDBG) Program available for a 30-day public review and comment period beginning April 5, 2024, and ending at 4:30 p.m. on May 6, 2024, at the following locations:
• Clovis City Hall: 1033 Fifth Street, Clovis, CA 93612 • Clovis Senior Center: 850 4th Street, Clovis, CA 93612 • Fresno County Public Library in Clovis: 1155 Fifth Street, Clovis, CA 93612 • Clovis Recreational Center: 3495 Clovis Ave., Clovis, CA 93612 • City of Clovis Web Site: www.cityofclovis.com
**All of the above facilities are readily accessible to individuals with mobility impairments.

By this notice, the City of Clovis invites parties that have an interest in, or may be impacted by, the activities discussed in the Annual Action Plan, to submit a written comment and attend the Public Hearing, below. Citizen participation is considered an important element of the Annual Action Plan process and is encouraged by the U.S. Department of Housing and Urban Development and the City of Clovis. All written comments received by the close of business on May 6, 2024, at the address below will be considered and included as attachments in the Annual Action Plan document.

A public hearing will be held on May 6, 2024, at 6:00 p.m. in the City of Clovis Council Chambers located at 1033 Fifth Street in Clovis. The facility is readily accessible to individuals with mobility impairments. Citizens may provide their views and comments on the Annual Action Plan and the proposed use of CDBG funds for the 2024-2025 program year. The 2024-2025 CDBG allocations from the U.S. Department of Housing and Urban Development (HUD) have not been announced yet, but Clovis estimates receiving an allocation of $650,000. The proposed use of funds for the 2024-2025 program year are as follows:
• Housing Rehabilitation - $100,000
• Micro-Enterprise Culinary Kitchen - $55,000.00
247
AGENDA ITEM NO. 12.
• Santa Ana Avenue Sidewalk Installation - $124,000.00
• Holland/Richert Alley Improvements (Peach/Homsy) - $143,500.00 • Clovis Senior Senter Enrichment Activities - $48,750.00 • Marjaree Mason Center Critical Domestic Violence Services - $48,750.00 • Administration - $130,000.00
An increase or decrease in the estimated CDBG funding level will be applied to the Holland/Richert Alley Improvements (Peach/Homsy) Project, and will be reflected in the funding level allocations for Public Services (15% maximum) and Administration (20% maximum).

Backup projects:
• Acts of Kindness by Habitat for Humanity
• Upwards BOOST Daycare Micro-Enterprise Support
Public Comment
Citizens and groups are encouraged to submit written or verbal comments concerning the proposed projects and the CDBG Program by contacting:

Claudia Cázares, Affordable Housing Program Manager
1033 Fifth Street, Clovis, CA 93612
Ms. Cázares may also be contacted at (559) 324-2094 or via email at [email protected], Monday through Friday.

Accessibility and Language Services
If you require reasonable accommodation or need language assistance, translation services or interpretation services to participate in this meeting please contact Claudia Cazares at (559) 324- 2094. Notification of 48-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

NOTICE OF NON-DISCRIMINATION:

It is the policy of the City of Clovis to not discriminate on the basis of race, color, national origin, religion, sex, and sexual preference. If you have a complaint or concern, please contact the City of Clovis 504 Coordinator at (559) 324-2060.

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

This notice is available in Spanish by contacting our offices at (559) 324-2060. Esta notificación esta disponible en español llamando al (559) 324-2060. Si usted requiere servicios de interpretación o traducción favor de llamar a Claudia Cázares al (559) 324-2094. 248
AGENDA ITEM NO. 12.

AVISO DE PERÍODO DE COMENTARIOS PÚBLICOS Y AUDIENCIA PÚBLICA PARA LA APROBACIÓN DEL PLAN DE ACCIÓN ANUAL CDBG 2024-2025
5 de abril, 2024
SE NOTIFICA POR EL PRESENTE ANUNCIO, que la Ciudad de Clovis tendrá copias del Plan de Acción Anual para el Programa de Desarrollo de la Comunidad (CDBG) 2024-2025, disponible por 30 dias para revisión y comentarios públicos empezando el 5 de abril, 2024, hasta el 6 de mayo, 2024 a las 4:30 p.m., en los siguientes lugares:
• Centro Cívico de Clovis: 1033 Fifth Street, Clovis, CA 93612 • Centro de la Tercera Edad (Clovis Senior Center): 850 4th Street, Clovis, CA 93612 • Biblioteca Pública del Condado de Fresno en Clovis: 1155 Fifth Street, Clovis, CA 93612 • Centro de Recreación de Clovis, 3495 Clovis Ave., Clovis, CA 93612 • Ciudad de Clovis Sitio Web: www.cityofclovis.com
**Éstas instalaciones están fácilmente accesibles a, y utilizables por, personas con discapacidades.

Mediante este aviso, la Ciudad de Clovis invita a los residentes que tienen un interés o puedan verse afectados por las actividades mencionadas en el Plan, a que sometan sus opiniones por escrito y que atiendan la Audiencia Pública. La participación ciudadana se considera un elemento importante del proceso de Plan de Acción Anual y es recomendado por el Departamento de HUD EE.UU. y la Ciudad de Clovis. Todos los comentarios escritos recibidos antes de 4:30 p.m. el 6 de mayo de 2024, en la dirección a continuación serán considerados e incluidos como archivo adjunto en el documento de Plan.

Una audiencia pública se llevará a cabo el 6 de mayo, 2024 a las 6:00 p.m. en la sala del Concilio de la Ciudad de Clovis, situada en 1033 Fifth Street en Clovis. Ésta instalaciones están fácilmente accesibles a, y utilizables por, personas con discapacidades. Residentes pueden someter sus opiniones y comentarios sobre el Plan de Acción Anual y el uso propuesto de los fondos CDBG para el año del programa 2024-2025. Las asignaciónes de fondos del programa CDBG del Departamento de EE.UU. de Vivienda y Desarrollo Urbano (HUD) para el año 2024-2025 no han sido aprobadas por el gobierno federal, aun así Clovis estima recibir una asignación de $650,000.

El uso propuesto de los fondos para el año del programa 2024-2025 son los siguientes:
• Rehabilitación de Viviendas - $100,000.00
• Ayuda a Micro-Empresa: Cocina Culinaria - $55,000.00
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AGENDA ITEM NO. 12.
• Instalación de Banqueta: Avenida Santa Ana - $124,000.00 • Mejoras de Callejón: Holland/Richert – Peach a Homsy - $143,500.00 • Servicios Sociales en el Centro de la Tercera Edad de Clovis - $48,750.00 • Servicios Sociales para Victimas de Violencia Domestica en el Centro Marjaree Mason Clovis - $48,750.00
• Administración - $130,000.00
Si Clovis recibe mas, o menos fondos de CDBG, el cambio será aplicado al proyecto Mejoras de Callejón: Holland/Richert, y además los cambios serán reflexionados en las asignaciones de fondos para Servicios Sociales (tiene asignación máxima de 15%) y Administración (asignación máxima de 20%).

Proyectos de respaldo:
• Actos de Bondad (mejoras a viviendas) – Habitat for Humanity • Upwards BOOST Ayuda a Micro-Empresas
Comentarios Públicos
Residentes y grupos son invitados a someter comentarios por escrito ó orales tocante los proyectos propuestos y el programa de CDBG al ponerse en contacto con:

Claudia Cazares, Supervisora de Programas de Viviendas
1033 Fifth Street, Clovis, CA 93612
La Sra. Cazares a la vez puede ser contactada por teléfono al (559) 324-2094, ó por correo electrónico al [email protected], de lunes a viernes.

Accesibilidad y Servicios de Traducción
Si usted requiere adaptaciones razonables, o requiere asistencia en otro idioma, de traducción o interpretación para participar en esta reunión, favor de contactar a Claudia Cazares al (559) 324- 2094. Notificación de 48 horas antes de la reunión permitirá a la ciudad para hacer los arreglos razonables para garantizar la accesibilidad.

Notificación de no discriminación:

Es la poliza de la Ciudad de Clovis de no discriminar basado en su raza, color, origen de nacionalidad, religión, sexo, o preferencia sexual. Si tiene algúna queja o asunto, favor de contactar al coordinador del Program 504 de la Ciudad de Clovis al (559) 324-2060.

Necesita asistencia contactando la Ciudad de Clovis?
El programa de Servicio de Re-Transmisión de California le puede proveer Asistencia de Comunicación especialmente capacitada para transmitir comunicaciones entre personas sordas, los que sufren de ensordecimiento, personas sordo-mudas y los que usan teléfonos fijos. Puedes usar este servicio para contactar a la Ciudad de Clovis al marcar al 711. 250
AGENDA ITEM NO. 12.

Webpage posting: www.cityofclovis.com
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DATE: January 26, 2024
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AGENDA ITEM NO. 12.
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DATE: February 28, 2024
254
AGENDA ITEM NO. 12.
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AGENDA ITEM NO. 12.

ATTACHMENT
City Council Resolution
To be inserted
Pending Public Hearing of May 6, 2024
256
AGENDA ITEM NO. 12.

ATTACHMENT
Federal CDBG Application and Attachments
To be inserted after May 6, 2024 public hearing
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AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 6, 2024
SUBJECT: Consider items associated with approximately 155 acres of land located on the north side of Shepherd Avenue, between N. Sunnyside and N.

Fowler Avenues. Great Bigland, LP., owner/ applicant; Harbour and Associates, representative. (Continued from the March 18, 2024, Council Meeting)
a. Consider Approval - Res. 24-___, A Resolution of the Clovis City Council approving adoption of an addendum to the previously certified EIR for the Shepherd North Project.
b. Consider Approval - Res. 24-___, GPA2021-006, A Resolution of the Clovis City Council approving a request to amend the circulation element of the General Plan to allow for the placement of a Shepherd Avenue access point on the north side of Shepherd Avenue, between N.

Sunnyside and N. Fowler Avenues.
c. Consider Approval - Res. 24-___, GPA2021-005, A Resolution of the Clovis City Council approving a request to amend the land use element of the General Plan for the Development Area (approximately 77 acres) from the Rural Residential land use designation to the Medium-High Density Residential land use designation.
d. Consider Introduction - Ord. 24-___, R2021-009, An Ordinance of the Clovis City Council approving a request to prezone property within the Development Area (approximately 77 acres) of the Project site from the Fresno County AL20 Zone District to the Clovis R-1-PRD Zone District. e. Consider Approval - Res. 24-___, TM6205, A Resolution of the Clovis City Council approving a request to approve a vesting tentative tract map for a 605-lot single-family planned residential development. 258
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f. Consider Approval - Res. 24-___, PDP2021-004, A Resolution of the Clovis City Council approving a request to approve a planned development permit for a 605-lot single-family residential development. g. Consider Approval - Res. 24-___, A Resolution of the Clovis City Council approving an amendment to the 2017 Amended and Restated Memorandum of Understanding between the County of Fresno and City of Clovis regarding a Sphere of Influence Expansion to add approximately 155 acres and the Standards of Annexation to address the annexation of approximately 77 acres of property (ShepherdSunnyside Northeast Reorganization).

Staff: George González, Senior Planner
Recommendation: Approve
ATTACHMENTS: 1. Draft Resolution Addendum to Certified EIR

2. Draft Resolution GPA2021-006

3. Draft Resolution GPA2021-005

4. Draft Ordinance R2021-009

5. Draft Resolution TM6205

6. Draft Resolution PDP2021-004

7. Draft Resolution Fourth Amendment to MOU

8. Applicant’s Justification for GPA2021-005 & GPA2021-006

9. Applicant’s Development Standards – Citrea

10. Applicant’s Development Standards – Elev8ions

11. Applicant’s Development Standards – Regent Park

12. Floor & Elevation Plans – Citrea

13. Floor & Elevation Plans – Elev8ions

14. Floor & Elevation Plans – Regent Park

15. Open Space & Park Exhibit

16. Correspondence from Commenting Agencies

17. Findings in Support of Project Applications

18. 2017 Amended and Restated Memorandum of Understanding between the County of Fresno and City of Clovis

19. March 18, 2024, City Council Staff Report

20. Existing & Proposed Project Design Accommodations

RECOMMENDATION
Staff recommends that the City Council take action to approve each component of the proposed Project as outlined in the subject title of this item. Staff will note, if no Project revisions are made, the addendum to the previously certified EIR (Attachment 1A) does not need to be considered. 259
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EXECUTIVE SUMMARY
At the March 18, 2024, public hearing, the City Council approved the Project EIR, sphere of influence, and annexation components of the proposed Project. Furthermore, the City Council requested that the developer meet with the adjacent neighbors again to discuss and potentially address some of the concerns presented during the public hearing. The Council continued the remaining six (6) components of the proposed Project to a date certain, May 6, 2024.

City staff assisted in facilitating two neighborhood meetings between the developer and adjacent property owners. The first meeting on April 2, 2024, was primarily an opportunity for neighboring property owners express concerns and ask questions. The second meeting on April 17, 2024, was designed as a follow-up meeting where responses and answers to neighbor comments were provided by the developer and City staff. The developer described potential modifications to the Project to help address some of the neighborhood concerns, but no agreement was reached between both parties.

The applicant is requesting approval of the six component items outlined above associated with the proposed Project, as originally presented to the City Council on March 18, 2024. Staff has included the March 18, 2024, City Council staff report (Attachment 19), which provides staff’s analysis and the specific requests associated with the proposed general plan amendments, prezone, vesting tentative tract map, planned development permit, and the fourth amendment to the MOU between the County of Fresno and City of Clovis.

BACKGROUND
Following Council’s direction from the March 18, 2024, meeting, staff worked with the developer to identify two dates in April (April 2nd and April 17th) to hold neighborhood meetings. Mailed notices were sent notifying the original public notification list for the Project, comprised of 580 properties, of both meetings. On April 2, 2024, City staff facilitated the first neighborhood meeting at the City of Clovis Transit Center where approximately 45-50 people attended the meeting.

Additionally, members of the developer team and Fresno LAFCo were also in attendance at the meeting. County staff were invited to attend the meeting, but declined to participate and confirmed that County staff would be conducting a separate meeting between staff and area residents focusing on Sunnyside Avenue. The County’s meeting was subsequently scheduled for May 1st.

The primary intent of the April 2nd meeting was to allow residents to express their concerns with the proposed Project and ask questions. If any items were unable to be addressed during the meeting, the developer and/or City staff would further evaluate the item in question and provide an answer to the neighbors at the second neighborhood meeting. Some of the main points of concern expressed at the meeting included traffic, density, water, Perrin Road, Sunnyside Avenue, Shepherd Avenue, fourth MOU amendment, and annexation.

On April 17, 2024, City staff facilitated the second neighborhood meeting at the City of Clovis Senior Activity Center along with the developer. Additionally, County staff, Fresno LAFCO, and the Chief of Staff for Supervisor Nathan Magsig were also in attendance at this meeting. The developer outlined a series of potential changes (Attachment 20) that could be made to the Project to address, in part, neighbor comments and concerns. Most of the modifications focused on design and layout within the proposed subdivision. Examples include a reduction in the 260
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number of lots (from 605 to 580 units), adding the Windsor (larger) product to the northern portion of the proposed project, relocating the gated entry on the north side of Heirloom Avenue to enhance the landscape buffer, increasing wall height and limiting height of play structure, committed to minimizing impacts to the intersection of Shepherd and Fowler Avenues, and extend the water line along Perrin Avenue with three (3) stub out locations.

The developer presented these potential modifications with the condition that the neighbors supported the Project and take no legal action against the City. After additional discussion with the neighbors, the developer was unable to acquire consensus in support of the Project from the neighbors. Therefore, no changes to the Project are proposed.

PROPOSAL AND ANALYSIS
Proposal
The complete analysis of the proposed Project may be reviewed under the March 18, 2024, City Council staff report (Attachment 19). Below, please find a brief summary of each component of the proposed Project that were continued to the May 6, 2024, City Council meeting.

General Plan Amendment 2021-006
The applicant is requesting to amend the General Plan Circulation Element to allow for a placement of a Shepherd Avenue access point.

General Plan Amendment 2021-005
The applicant is requesting to amend the General Plan Land Use Designation for approximately 77 acres (Development Area) from the Rural Residential (1 DU/2 AC) land use designation to the Medium-High Density Residential (7.1 to 15.0 DU/AC) land use designation. The actual density for the proposed Project is approximately 7.77 units per acre. The applicant has provided a justification for both proposed general plan amendments (Attachment 8).

Prezone 2021-006
The applicant is requesting to prezone the Project site (Development Area) from the Fresno County AL20 Zone District to the Clovis R-1-PRD (Planned Residential Development) Zone District.

Vesting Tentative Tract Map 6205
The applicant is requesting approval of a Vesting Tentative Tract Map 6205 (Attachment 5A.) The map includes 605 lots and is consistent with the requirements of the Subdivision Map Act.

If the City Council decides to consider the Revised Vesting Tentative Tract Map 6205 with 580 lots, please note that the updated 6205 map, Windsor product floor plans and elevations, and the associated development standard sheet have been included under Attachment 20. 261
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Planned Development Permit 2021-004
The applicant is requesting approval of Planned Development Permit 2021-004. The applicant has provided a list of development standards as outlined in Attachments 9, 10 and 11. These standards are incorporated into the Project’s planned development permit (PDP). Internal amenities within the Project and public/community amenities have been identified in conjunction with the PDP.

Fourth Amendment to the MOU
The City staff worked with the County of Fresno to draft the Fourth Amendment to the Memorandum of Understanding (Attachment 7B). A Fourth Amendment to the MOU between the County of Fresno and City of Clovis is necessary to accommodate the sphere of influence expansion area and the annexation of the Shepherd-Sunnyside Northeast Reorganization to the City of Clovis. During the City Council’s discussion on March 18, 2024, some concern was expressed over the traffic enforcement provisions contained in the MOU. After that discussion, City staff spoke with County staff about the possibility for additional changes to the MOU. County staff noted that the proposed language has been incorporated into previous MOU amendments for other street sections and to that extent, has become standard. No additional changes were entertained. The specific language addressing traffic enforcement is included below.

Upon written request from the Fresno County Director of Public Works and Planning to the Clovis City Manager, the City shall commence and be responsible for specific traffic enforcement activities for Sunnyside Avenue between Shepherd and Nees Avenues within the confines of the Dry Creek Preserve area beginning no later than thirty (30) days after receipt of the request.

California Environmental Quality Act (CEQA)
The City prepared a Revised Final EIR for the proposed Project in compliance with State CEQA Guidelines. On March 18, 2024, the City Council certified the Revised Final Project Environmental Impact Report for the Shepherd North Project; adopted the CEQA Findings of Fact and a Statement of Overriding Consideration; and adopted a Mitigation Monitoring and Reporting Program.

Subsequent to the certification of the Project EIR, the City prepared an EIR Addendum (Attachment 1A) to analyze the proposed revisions presented to the neighbors on April 17, 2024. Though the applicant has not requested to modify the project to include these revisions (due to the absence of an agreement with the neighboring property owners) the addendum has been completed and provided to the Council in the event that some or all of the revisions contemplated by the applicant are eventually incorporated into the project. The Addendum concludes that the proposed revisions do not cause a new significant impact or substantially increase the severity of a previously identified significant impact. Therefore, a subsequent EIR is not required per CEQA Guidelines section 15162. If any of the revisions contemplated by the applicant are incorporated into the approval of the Project, the Council must review and consider the information presented in the addendum as part the approval (Attachment 1A). If no Project revisions are made, the addendum does not need to be considered. 262
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REASON FOR RECOMMENDATION
As stated in the March 18, 2024, City Council staff report, the proposal will provide a diversity in housing types and a quality residential environment for this area. The Project does not substantially impact sewer, water and other public services and will contribute to their proportionate share of infrastructure and open space. The proposed vesting tentative tract map is consistent with the goals and policies of the General Plan and Development Code. Each component of the Project meets the findings that must be considered when making a decision on a project, as outlined in detail in Attachment 17. Staff therefore recommends that the City Council approve GPA2021-006, GPA2021-005, R2021-009, TM6205, PDP2021-004, and the fourth amendment to the MOU, subject to the conditions of approval attached as Attachment 5B and Attachment 6A of this staff report.

ACTIONS FOLLOWING APPROVAL
The approved resolution for the Fourth Amendment to the MOU will be forwarded to the County Board of Supervisors for consideration and approval. The Project approvals will be provided to LAFCo, allowing LAFCo proceedings to begin on the SOI amendment and annexation.

Prepared by: George González, MPA, Senior Planner
Reviewed by: City Manager JH
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ATTACHMENT 1
RESOLUTION 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING ADOPTION OF AN ADDENDUM TO THE PREVIOUSLY CERTIFED

ENVIRONMENTAL IMPACT REPORT FOR THE SHEPHERD NORTH PROJECT WHEREAS, Great Bigland, LP., 7550 N. Palm Avenue, Suite 102, Fresno, CA 93711, initiated the applications for (i) General Plan Amendment 2021-006 to amend the Circulation Element of the 2014 Clovis General Plan to allow for placement of an access point on the north side of Shepherd Avenue, between N. Sunnyside and N. Fowler Avenues; (ii) General Plan Amendment 2021-005 to amend the Land Use Element of the 2014 Clovis General Plan to redesignate land from the Rural Residential (1 DU/2 Ac) land use designation to the Medium-High Density Residential (7.1 to 15.0 DU/AC) land use designation; (iii) Prezone 2021-009 to prezone approximately 77 acres from the Fresno County AL20 Zone District to the Clovis R-1-PRD (Single Family Planned Residential Development) Zone District; (iv) Vesting Tentative Tract Map 6205 for a 605-lot single-family subdivision; (v) Planned Development Permit 2021-004 to deviate from the R-1 Zone District development standards associated with Vesting Tentative Tract Map 6205; (vi) and the Fourth Amendment to the MOU; and WHEREAS, the City prepared a Revised Final EIR for the Project in compliance with State CEQA Guidelines. On March 18, 2024, the City Council certified the Revised Final Project Environmental Impact Report for the Shepherd North Project; adopted the CEQA Findings of Fact and a Statement of Overriding Consideration; and adopted a Mitigation Monitoring and Reporting Program; and
WHEREAS, the City prepared an EIR Addendum to analyze the proposed revisions presented to the neighbors on April 17, 2024 and to the City Council on May 6, 2024. The addendum has been provided to the Council in the event that some or all of the revisions completed by the applicant are incorporated into the project; and WHEREAS, the EIR Addendum concludes that the proposed revisions do not cause a new significant impact or substantially increase the severity of a previously identified significant impact; and
WHEREAS, a subsequent EIR is not required per CEQA Guidelines section 15162; and WHEREAS, the EIR Addendum was prepared in accordance with the California Environmental Quality Act (“CEQA”), including CEQA Guidelines section 15162, subd. (a)(2).

There have been no changes in the environmental conditions on the property not previously contemplated and analyzed in the certified EIR that would result in new or substantially more severe environmental impacts; and
WHEREAS, the City Council has had an opportunity to independently review, evaluate and consider the entire Administrative Record relating to the Project and the EIR Addendum, which is on file with the City’s Department of Planning and Development Services (“Department”), and reviewed and considered those portions of the Administrative Record determined to be 264
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necessary to make an informed decision, including, but not necessarily limited to, the staff report, the written materials submitted with the requests, and the verbal and written testimony and other evidence presented during the public hearing; and
WHEREAS, the City Council has independently reviewed and considered the EIR Addendum (Attachment A); and
WHEREAS, the City Council has evaluated and considered all comments, written and oral, received from persons who reviewed the EIR Addendum, or otherwise commented on the Project; and

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

1. Finds that the EIR Addendum for the Project is adequate and has been completed in compliance with CEQA and the CEQA Guidelines.

2. Finds and declares that the EIR Addendum was presented to the City Council and that the City Council has independently reviewed and considered the information contained in the EIR Addendum prior to recommending approval of the Project.

3. Based upon its review of the EIR Addendum, finds that the EIR Addendum is an adequate assessment of the proposed revisions of the Project and represents the independent judgment of the City Council.

4. Finds that there is no new information of substantial importance (which was not known or could not have been known at the time of the application, that identifies: a new significant impact (CEQA Guidelines section 15162, subd. (a)(3)(A)), a substantial increase in the severity of a previously identified significant impact (CEQS Guidelines section 15162, subd. (a)(3)(B)); mitigation measures or alternatives previously found infeasible that would now be feasible and would substantially reduce one or more significant effects; or mitigation measures or alternatives which are considerably different from those analyzed in the certified EIR which would substantially reduce one or more significant effects on the environment (CEQA Guidelines section 15162, subdivision (a)(3)(C) and (D)). None of the “new information” conditions listed in the CEQA Guidelines section 15162, subdivision (a)(3) are present here to trigger the need for a Subsequent or Supplemental EIR.

5. The City Council does approve the adoption of the EIR Addendum as adequate and completed in compliance with CEQA and the CEQA Guidelines.

6. The City Council does adopt the EIR Addendum set forth in Attachment A. 265
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* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 6, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 6, 2024
______________________________ ______________________________ Mayor City Clerk
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EIR ADDENDUM

FOR THE

SHEPHERD NORTH PROJECT
APRIL 25, 2024
Prepared for:

City of Clovis
Planning Division
1033 Fifth Street
Clovis, CA 93612
(559) 324-2340
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 580-9818
D e N o v o P l a n n i n g G r o u p
A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m

ATTACHMENT A
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EIR ADDENDUM

FOR THE

SHEPHERD NORTH PROJECT
APRIL 22, 2024
Prepared for:

City of Clovis
Planning Division
1033 Fifth Street
Clovis, CA 93612
(559) 324-2340
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 580-9818
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EIR ADDENDUM
EIR Addendum – Shepherd North 1

1.1 PROJECT BACKGROUND
On March 18, 2024, the City of Clovis, as the lead agency, certified an EIR for the Shepherd North project and approved certain entitlements and continued other entitlements for a later hearing. At the certification hearing the City Council directed City staff, and the applicant (Wilson Homes), to meet with neighbors to attempt to resolve certain concerns raised during the Planning Commission and City Council hearings. The City Council decided to continue action on certain entitlement requests until after meetings could be held between these parties to attempt to resolve the concerns.

A meeting with City staff and Wilson Homes’ representatives occurred on April 2, 2024, with about 50 area neighbors, including persons from the Dry Creek Preserve, Fowler Ave, Sunnyside Ave, and the Lexington/Purdue 18-lot neighborhood. There were many diverse views stated and Wilson agreed to evaluate the feasibility of many of the requests and report any project-related accommodations at a second meeting. The neighbors’ requests included: reducing the number of units, building a taller block wall (approximately 7’) along Heirloom & Fordham, reducing the height of park equipment, installing water lines into the Lexington/Purdue neighborhood (costs to be paid entirely by Wilson), providing City water to the Lexington/Purdue neighborhood, annexing the Lexington/Purdue neighborhood into the City of Clovis (costs to be paid entirely by the neighbors), closing Sunnyside Ave south of Shepherd, and delaying further development approvals within the Heritage Grove area until the streets to serve that area are completed to City standards.

1.2 PROJECT REVISIONS
Wilson Homes evaluated the feasibility of the requests and has offered to revise the project to accommodate certain concerns subject to City and County approval. The following revisions are proposed by Wilson Homes to accommodate such concerns and were presented to the area neighbors at the second neighborhood meeting held on Wednesday, April 17, 2024. Exhibits 1 and 2 illustrate the project approved with the certified EIR and the proposed revised project, respectively.
• Reduce Project Density and Revise Product in the north neighborhood from Regent Park to Windsor
o 20% Further Density Reduction in the north neighborhood, Reduced from 132 Lots to 107 Lots (Density Reduced from 4.73 DU/Ac to 3.82 DU/Ac) o Total project reduced from 605 to 580 units
o All 107 lots will be Wilson’s Windsor product
o All 107 Lots will be restricted to Single Story Homes • Add Buffer Area
o Relocate the interior street connection to the gated subdivision north of Heirloom from mid-block to the west property line to allow enhanced landscape buffer and street buffering across the entire westerly frontage of the site. 271
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2 EIR Addendum – Shepherd North
• Increase Wall Height and Reduce Play Structure Height o Add one course of block to wall height along Heirloom and Trail within gated community effectively increasing the wall from 6’ to 6’-8” plus a concrete cap to achieve approximately 7’ total wall height (wall heights always vary slightly as constructed).
o Reduce Play structure Height to minimize park impacts to adjacent neighbors. • Reduce Fowler Ave Construction Traffic Impacts
o Extend/stub utilities required in Shepherd Ave past the intersection of Fowler Avenue (east) to minimize impacts to this intersection resulting from future extensions of pipelines and improvements.
• Install Water Facilities to assist the Lexington/Purdue neighbors o To serve Lexington & Purdue neighbors - Build 1320 Linear feet of new 16” water main in Perrin Avenue from the project’s emergency vehicle access (EVA) at Stanford and Sunnyside and connecting to the 24” Transmission pipeline at Sunnyside Avenue.
o To serve Lexington & Purdue neighbors – Stub 8” water main south from the proposed new water main in Perrin Ave at 2 locations: at Purdue and at Sunnyside. o To serve Lexington & Purdue neighbors - Stub 8” water main north from project improvements in Sunnyside and Heirloom.

Wilson Homes and City staff determined that the Shepherd North project is unable to accommodate requests to install water lines inside the Lexington/Purdue neighborhood, provide City water to the Lexington/Purdue neighborhood, annex the Lexington/Purdue neighborhood into the City of Clovis, close Sunnyside Ave south of Shepherd, or delay further development approvals in the Heritage Grove area until the streets to serve that area are completed to City standards.

1.3 CEQA DOCUMENT FOR REVISIONS
The City has determined that the proposed revisions should be analyzed under an EIR Addendum.

CEQA Guidelines Section 15164 defines an Addendum as:

The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. ….A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record.

Decision to not prepare a Subsequent EIR
The following analysis shows that the proposed changes do not cause a new significant impact or substantially increase the severity of a previously identified significant impact, and there have been no other changes in the circumstances that meet this criterion (CEQA Guidelines section 15162, subd. (a)(2).) There have been no changes in the environmental conditions on the property not previously contemplated and analyzed in the EIR that would result in new or substantially more 272
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INTRODUCTION
EIR Addendum – Shepherd North 3
severe environmental impacts. There is no new information of substantial importance (which was not known or could not have been known at the time of the application, that identifies: a new significant impact (CEQA Guidelines section 15162, subd. (a)(3)(A)); a substantial increase in the severity of a previously identified significant impact (CEQA Guidelines section 15162, subd. (a)(3)(B)); mitigation measures or alternatives previously found infeasible that would now be feasible and would substantially reduce one or more significant effects; or mitigation measures or alternatives which are considerably different from those analyzed in the EIR which would substantially reduce one or more significant effects on the environment (CEQA Guidelines section 15162, subd. (a)(3)(C) and (D)). None of the “new information” conditions listed in the CEQA Guidelines section 15162, subdivision (a)(3) are present here to trigger the need for a Subsequent or Supplemental EIR.

CEQA Guidelines section 15164 states that, “[t]he lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” An addendum is appropriate here because, as explained above, none of the conditions calling for preparation of a subsequent EIR have occurred.

The section below identifies the environmental topics addressed in the EIR, provides a summary of impacts associated with the Original Project, as described in the EIR, and includes a brief analysis of the potential impacts associated with the revisions when compared to the Project approved under the certified EIR.

1.4 ANALYSIS
Analysis of Impacts Found to be Less Than Significant
Specific impacts within the following categories of environmental effects were found to be less than significant as set forth in more detail in the certified EIR. Following each bullet is a conclusion on whether the proposed revision changes the impact conclusion found in the original EIR.

Aesthetics and Visual Resources: The following specific impacts were found to be less than significant: 3.1-1, 3.1-2, and 3.1-3.
o Some of the revisions to the project are specifically aimed at alleviating aesthetic and visual concerns raised by neighbors. The revisions do not increase the severity of any impact. These revisions would be beneficial as it relates to this environmental topic. However, the revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Agricultural Resources: The following specific impacts were found to be less than significant: 3.2-1, 3.2-2, and 3.2-3.
o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not 273
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4 EIR Addendum – Shepherd North
change the environmental conclusion of less than significant that was provided in the certified EIR.

Air Quality: The following specific impacts were found to be less than significant: 3.3-1, 3.3- 2, 3.3-3, 3.3-4, and 3.3-5.
o The revisions do not increase the severity of any impact. These revisions that would reduce density will result in slightly less vehicle trips per day which will translate into slightly less vehicle air quality emissions per day. The revisions will also result in slightly less area source air quality emissions under operational conditions. These revisions would be beneficial as it relates to this environmental topic. However, the revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Biological Resources: The following specific impacts were found to be less than significant:

3.4-1, 3.4-2, 3.4-5, 3.4-6, 3.4-7, 3.4-8, 3.4-9, and 3.4-10. o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Geology and Soils: The following specific impacts were found to be less than significant: 3.6- 1, 3.6-2, 3.6-3, 3.6-4, 3.6-5, and 3.6-7.
o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Greenhouse Gases, Climate Change, and Energy: The following specific impacts were found to be less than significant: 3.7-1 and 3.7-2.
o The revisions do not increase the severity of any impact. These revisions that would reduce density will result in slightly less vehicle trips per day which will translate into slightly less vehicle GHG emissions per day. The revisions will also result in slightly less area source GHG emissions under operational conditions. These revisions would be beneficial as it relates to this environmental topic. However, the revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Hazards and Hazardous Materials: The following specific impacts were found to be less than significant: 3.8-2, 3.8-3, 3.8-4, 3.8-5, and 3.8-6.
o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not 274
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EIR Addendum – Shepherd North 5
change the environmental conclusion of less than significant that was provided in the certified EIR.

Hydrology and Water Quality: The following specific impacts were found to be less than significant: 3.9-1, 3.9-2, 3.9-3, 3.9-4, 3.9-5, and 3.9-6. o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Land Use and Population: The following specific impacts were found to be less than significant: 3.10-1, 3.10-2, 3.10-3, and 3.10-4.
o Some of the revisions to the project are specifically aimed at alleviating land use concerns raised by neighbors. The revisions do not increase the severity of any impact. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Noise: The following specific impacts were found to be less than significant: 3.11-3, 3.11-4, and 3.11-5.
o The revisions do not increase the severity of any impact. These revisions that would reduce density will result in slightly less vehicle trips per day which will translate into slightly less vehicle noise along roadways. These revisions would be beneficial as it relates to this environmental topic. However, the revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Public Services and Recreation: The following specific impacts were found to be less than significant: 3.12-1, 3.12-2, 3.12-3, 3.12-4, 3.12-5, and 3.12-6. o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Transportation and Circulation: The following specific impacts were found to be less than significant: 3.13-2 and 3.13-3.
o The revisions do not increase the severity of any impact. The revisions reducing density will result in slightly less vehicle trips per day which will translate into slightly less vehicle miles along roadways. The revisions would be beneficial as related to this environmental topic. While the proposed revisions do not have any significant change to the safety of the roadways, the revisions also do not change the environmental conclusion of less than significant that was provided in the certified EIR.
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6 EIR Addendum – Shepherd North
Utilities: The following specific impacts were found to be less than significant: 3.14-1, 3.14- 2, 3.14-3, 3.14-4, 3.14-5, and 3.14-6, 3-14.7.
o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Analysis of Impacts Found to be Less Than Cumulatively Considerable Specific impacts within the following categories of environmental effects were found to be less than cumulatively considerable contribution as set forth in more detail in the certified EIR. Following each bullet is a conclusion on whether the proposed revision change the impact conclusion found in the original EIR.

Aesthetics and Visual Resources: The following specific impact was found to be less than cumulatively considerable: 4.1, 4.2, and 4.3.
o Some of the revisions to the project are specifically aimed at alleviating aesthetic and visual concerns raised by neighbors. The revisions do not increase the severity of any impact. These revisions would be beneficial as it relates to this environmental topic. However, the revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Agricultural Resources: The following specific impact was found to be less than cumulatively considerable: 4.4.
o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Air Quality: The following specific impact was found to be less than cumulatively considerable 4.5.
o The revisions do not increase the severity of any impact. These revisions that would reduce density will result in slightly less vehicle trips per day which will translate into slightly less vehicle air quality emissions per day. The revisions will also result in slightly less area source air quality emissions under operational conditions. These revisions would be beneficial as it relates to this environmental topic. However, the revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Biological Resources: The following specific impact was found to be less than cumulatively considerable: 4.6.
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o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Cultural and Tribal Resources: The following specific impact was found to be less than cumulatively considerable: 4.7.
o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Geology and Soils: The following specific impact was found to be less than cumulatively considerable: 4.8.
o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Greenhouse Gases, Climate Change, and Energy: The following specific impact was found to be less than cumulatively considerable: 4.9 and 4.10. o The revisions do not increase the severity of any impact. These revisions that would reduce density will result in slightly less vehicle trips per day which will translate into slightly less vehicle GHG emissions per day. The revisions will also result in slightly less area source GHG emissions under operational conditions. These revisions would be beneficial as it relates to this environmental topic. However, the revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Hazards and Hazardous Materials: The following specific impact was found to be less than cumulatively considerable: 4.11.
o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Hydrology and Water Quality: The following specific impacts were found to be less than cumulatively considerable: 4.12, 4.13, 4.14, and 4.15.
o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.
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8 EIR Addendum – Shepherd North
Land Use and Population: The following specific impact was found to be less than cumulatively considerable: 4.16 and 4.17.
o Some of the revisions to the project are specifically aimed at alleviating land use concerns raised by neighbors. The revisions do not increase the severity of any impact. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Noise: The following specific impact was found to be less than cumulatively considerable:

4.18. o The revisions do not increase the severity of any impact. These revisions that would reduce density will result in slightly less vehicle trips per day which will translate into slightly less vehicle noise along roadways. These revisions would be beneficial as it relates to this environmental topic. However, the revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Public Services and Recreation: The following specific impact was found to be less than cumulatively considerable: 4.19.
o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Transportation and Circulation: The following specific impact was found to be less than cumulatively considerable: 4.21.
o The revisions do not increase the severity of any impact. The revisions reducing density will result in slightly less vehicle trips per day which will translate into slightly less vehicle miles along roadways. The revisions would be beneficial as related to this environmental topic. While the proposed revisions do not have any significant change to the safety of the roadways, the revisions also do not change the environmental conclusion of less than significant that was provided in the certified EIR.

Utilities: The following specific impacts were found to be less than cumulatively considerable: 4.22, 4.23, 4.24, 4.25, and 4.26.
o The revisions do not increase the severity of any impact. These revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant that was provided in the certified EIR.
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Analysis of Impacts Found to be Less Than Significant with Mitigation Specific impacts within the following categories of environmental effects were found to be less than cumulatively considerable contribution with mitigation as set forth in more detail in the certified EIR. Following each bullet is a conclusion on whether the proposed revision change the impact conclusion found in the original EIR.

Biological Resources
Impact 3.4-3: The proposed Project has the potential to have direct or indirect effects on special-status bird species. The potential for the Project to have direct or indirect effects on special-status bird species is discussed on page 3.4-22 through 3.4-28 of the Draft EIR. The following mitigation measure was adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure 3.4-1. The revisions do not have a net change in impact as it relates to this environmental topic.

The revisions do not change the environmental conclusion of less than significant with mitigation that was provided in the certified EIR.

Impact 3.4-4: The proposed Project has the potential to result in direct or indirect effects on special-status mammal species. The potential for the Project to result in direct or indirect effects on special-status mammal species is discussed on pages 3.4-28 and 3.4- 29 of the Draft EIR. The following mitigation measure was adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.4-2. The revisions do not have a net change in impact as it relates to this environmental topic. The revisions do not change the environmental conclusion of less than significant with mitigation that was provided in the certified EIR.

Cultural and Tribal Resources
Impact 3.5-1: Project implementation has the potential to cause a substantial adverse change to a significant historical or archaeological resource, as defined in CEQA Guidelines §15064.5. The potential for the Project to cause a substantial adverse change to a significant historical or archaeological resource, as defined in CEQA Guidelines §15064.5, is discussed on pages 3.5-14 through 3.5-17 of the Draft EIR. The following mitigation measure was adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure 3.5-1. The revisions do not change the environmental conclusion of less than significant with mitigation that was provided in the certified EIR.

Impact 3.5-2: Project implementation has the potential to disturb human remains, including those interred outside of formal cemeteries. The potential for the Project to disturb human remains, including those interred outside of formal cemeteries is discussed on page 3.5-17 of the Draft EIR. The following mitigation measure was adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.5-1. The revisions do not change the environmental conclusion of less than significant with mitigation that was provided in the certified EIR. 279
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10 EIR Addendum – Shepherd North
Impact 3.5-3: Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074, and that is: Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k), or a resource determined by the lead agency. The potential for the Project to cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074, and that is: Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k), or a resource determined by the lead agency, is discussed on page 3.5-18 of the Draft EIR. The following mitigation measure was adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure 3.5-1. The revisions do not change the environmental conclusion of less than significant with mitigation that was provided in the certified EIR.

Geology and Soils
Impact 3.6-6: The proposed Project has the potential to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. The potential for the Project to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature is discussed on page 3.6-23 of the Draft EIR. The following mitigation measure were adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure 3.6-1. The revisions do not change the environmental conclusion of less than significant with mitigation that was provided in the certified EIR.

Hazards and Hazardous Materials
Impact 3.8-1: Potential to create a significant hazard through the routine transport, use, or disposal of hazardous materials or through the reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.

The potential to create a significant hazard through the routine transport, use, or disposal of hazardous materials or through the reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment is discussed on pages 3.8-20 through 3.8-24 of the Draft EIR. The following mitigation measures were adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measures 3.8-1 and 3.8-2. The revisions do not change the environmental conclusion of less than significant with mitigation that was provided in the certified EIR.

Noise
Impact 3.11-1: Operational Noise - The Proposed Project has the potential to generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. The potential to generate a 280
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INTRODUCTION
EIR Addendum – Shepherd North 11
substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies during operation is discussed on pages 3.11-15 through 3.11-19 of the Draft EIR. The following mitigation measures were adopted and will be implemented as provided by the Mitigation Monitoring Program:

Mitigation Measures 3.11-1 and 3.11-2. The revisions do not change the environmental conclusion of less than significant with mitigation that was provided in the certified EIR.

Impact 3.11-2: Construction Noise - The Proposed Project has the potential to generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. The potential to generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies during construction is discussed on pages 3.11-19 and 3.11-20 of the Draft EIR. The following mitigation measures were adopted and will be implemented as provided by the Mitigation Monitoring Program:

Mitigation Measures 3.11-3 and 3.11-4. The revisions do not change the environmental conclusion of less than significant with mitigation that was provided in the certified EIR.

Analysis of Impacts Found to be Significant and Unavoidable Transportation and Circulation
Impact 3.13-1: Project implementation would result in VMT increases that are greater than 87 percent of Baseline conditions. The potential for the Project to result in VMT increases that are greater than 87 percent of Baseline conditions is discussed on pages

3.13-18 through 3.13-23 of the Draft EIR. No feasible mitigation measures were identified. The City Council found that impact would remain significant and unavoidable after all design measures were incorporated. The City found that environmental, economic, social, and other benefits of the Project override any remaining significant adverse impact of the Project associated with cumulative impacts related to VMT increases that are greater than 87 percent of Baseline conditions. o The revisions do not increase the severity of any impact. These revisions that would reduce density will result in slightly less vehicle trips per day which will translate into slightly less vehicle miles along roadways. These revisions would be beneficial as it relates to this environmental topic. However, the revisions do not change the environmental conclusion of significant and unavoidable that was provided in the certified EIR.

Impact 4.20: Under Cumulative conditions, Project development would result in VMT increases that are greater than 87 percent of Baseline conditions. The potential for the Project to result in VMT increases that are greater than 87 percent of Baseline conditions is discussed on page 4.0-19 of the Draft EIR. No feasible mitigation measures 281
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12 EIR Addendum – Shepherd North
were identified. The City Council found that impact would remain significant and unavoidable after all design measures were incorporated. The City found that environmental, economic, social, and other benefits of the Project override any remaining significant adverse impact of the Project associated with cumulative impacts related to VMT increases that are greater than 87 percent of Baseline conditions. o The revisions do not increase the severity of any impact. The revisions reducing density will result in slightly less vehicle trips per day which will translate into slightly less vehicle miles along roadways. These revisions would be beneficial as related to this environmental topic. However, the revisions do not change the environmental conclusion of significant and unavoidable that was provided in the certified EIR. 282
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14 EIR Addendum – Shepherd North
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ATTACHMENT 2
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING GENERAL PLAN AMENDMENT GPA2021-006 AMENDING THE CIRCULATION

ELEMENT TO ALLOW AN ACCESS POINT ON THE NORTH SIDE OF SHEPHERD AVENUE, BETWEEN N. SUNNYSIDE AND N. FOWLER AVENUES
WHEREAS, Great Bigland, LP., 7550 N. Palm Avenue, Suite 102, Fresno, CA 93711, has applied for a General Plan Amendment 2021-006; and
WHEREAS, the Applicant submitted an application for a general plan amendment (GPA 2021-006) to amend the Circulation Element of the 2014 Clovis General Plan to allow for placement of an access point on the north side of Shepherd Avenue, between N. Sunnyside and N. Fowler Avenues, in the County of Fresno, California; and WHEREAS, the proposed GPA 2021-006, was assessed under the provisions of the California Environmental Quality Act (CEQA) and the potential effects on the environment were considered by the Planning Commission, together with comments received and public comments, and the entire public record was reviewed; and WHEREAS, on March 18, 2024, the City Council certified the Revised Final Project Environmental Impact Report for the Shepherd North Project, inclusive of GPA 2021-006; Adopted the CEQA Findings of Fact and a Statement of Overriding Consideration; and Adopted a Mitigation Monitoring and Reporting Program; and
WHEREAS, a duly noticed hearing was held on March 18, 2024, at which time the City Council considered GPA 2021-006; and
WHEREAS, on March 18, 2024, the City Council continued GPA 2021-006 to the May 6, 2024, public hearing; and
WHEREAS, the City Council held a public hearing on May 6, 2024, at which time the City Council considered GPA 2021-006; and
WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and
WHEREAS, a public notice was sent out to area residents within 800 feet of said property boundaries, including the Dry Creek Preserve Area, ten (10) days prior to said hearing; and WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the City of Clovis Department of Planning and Development Services (“Department”), and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing.
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NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS:

1. The City Council hereby approves GPA 2021-006.

2. The Project satisfies the required findings for approval of a general plan amendment, as follows:
a) GPA 2021-006 is internally consistent with the goals, policies, and actions of the General Plan.
b) GPA 2021-006 would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
c) There is a compelling reason for the amendment, as the proposal will provide a diversity in housing types and a quality residential environment for this area, adjacent to the Heritage Grove growth area.

3. The basis for the findings is detailed in the May 6, 2024, staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 6, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 6, 2024
______________________________ ______________________________ Mayor City Clerk
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ATTACHMENT 3
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING GENERAL PLAN AMENDMENT GPA2021-005 AMENDING THE LAND USE ELEMENT FOR APPROXIMATELY 77 ACRES LOCATED AT THE NORTHEAST CORNER OF SHEPHERD AND N. SUNNYSIDE AVENUES
WHEREAS, Great Bigland, LP., 7550 N. Palm Avenue, Suite 102, Fresno, CA 93711, has applied for a General Plan Amendment 2021-005; and
WHEREAS, the Applicant submitted an application for a General Plan Amendment (GPA 2021-005) to amend the General Plan to re-designate land from the Rural Residential (1 DU/2 Ac) land use designation to the Medium-High Density Residential (7.1 to 15.0 DU/AC) land use designation to allow for the construction of 605 single-family homes within the Project site, in the County of Fresno, California; and
WHEREAS, the proposed GPA 2021-005, was assessed under the provisions of the California Environmental Quality Act (CEQA) and the potential effects on the environment were considered by the City Council, together with comments received and public comments, and the entire public record was reviewed; and
WHEREAS, on March 18, 2024, the City Council certified the Revised Final Project Environmental Impact Report for the Shepherd North Project, inclusive of GPA2021-005; Adopted the CEQA Findings of Fact and a Statement of Overriding Consideration; and Adopted a Mitigation Monitoring and Reporting Program; and
WHEREAS, a duly noticed hearing was held on March 18, 2024, at which time the City Council considered GPA 2021-005; and
WHEREAS, on March 18, 2024, the City Council continued GPA 2021-005 to the May 6, 2024, public hearing; and
WHEREAS, the City Council held a public hearing on May 6, 2024, at which time the City Council considered GPA 2021-005; and
WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and
WHEREAS, a public notice was sent out to area residents within 800 feet of said property boundaries, including the Dry Creek Preserve Area, ten (10) days prior to said hearing; and WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the City of Clovis Department of Planning and Development Services (“Department”), and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report, the written materials 287
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submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing.

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

1. The City Council hereby approves GPA 2021-005.

2. The Project satisfies the required findings for approval of a general plan amendment, as follows:
a) GPA 2021-005 is internally consistent with the goals, policies, and actions of the General Plan.
b) GPA 2021-005 would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
c) There is a compelling reason for the amendment, as the proposal will provide a diversity in housing types and a quality residential environment for this area, adjacent to the Heritage Grove growth area.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 6, 2024
______________________________ ______________________________ Mayor City Clerk
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ATTACHMENT 4
ORDINANCE 24-___

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

CHANGING THE OFFICIAL ZONE MAP OF THE CITY OF CLOVIS IN ACCORDANCE WITH SECTION 9.080.020 OF THE CLOVIS MUNICIPAL CODE TO PREZONE APPROXIMATELY 77 ACRES FROM THE FRESNO COUNTY AL20 ZONE DISTRICT TO THE CLOVIS R-1-

PRD (SINGLE FAMILY PLANNED RESIDENTIAL DEVELOPMENT) ZONE DISTRICT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SHEPHERD AND N.

SUNNYSIDE AVENUES
LEGAL DESCRIPTION:

See Attachment A
WHEREAS, Great Bigland, LP., 7550 N. Palm Avenue, Suite 102, Fresno, CA 93711, has applied for a Prezone 2021-009; and
WHEREAS, the request is to prezone approximately 77 acres from the Fresno County AL20 Zone District to the Clovis R-1-PRD (Single Family Planned Residential Development) Zone District for property located at the northeast corner of Shepherd and N. Sunnyside Avenues (“Prezone”); and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 16, 2023, to consider the Project, at which time interested persons were given opportunity to comment on the Project; and
WHEREAS, the Planning Commission voted and recommended that the City Council deny Prezone R2021-009; and
WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and
WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on March 6, 2024, mailed public notices to property owners within 800 feet of the Property ten (10) days prior to the City Council hearing, and otherwise posted notice of the public hearing according to applicable law; and
WHEREAS, the City Council held a duly noticed public hearing on March 18, 2024, to consider approval of Prezone R2021-009, at which time the City Council continued Prezone 2021-009 to the May 6, 2024, public hearing; and
WHEREAS, the City Council held a public hearing on May 6, 2024, to consider approval of Prezone R2021-009; and
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WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Prezone, which is on file with the City of Clovis Department of Planning and Development Services, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not necessarily limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing; and
WHEREAS, the City Council considered the CEQA analysis outlined in the staff report, which is incorporated by reference herein, and elsewhere in the Administrative Record which determines that the Prezone meets the requirements pursuant to CEQA Guidelines; and WHEREAS, on March 18, 2024, the City Council certified the Revised Final Project Environmental Impact Report for the Shepherd North Project, inclusive of Prezone 2021-009; adopted the CEQA Findings of Fact and a Statement of Overriding Consideration; and adopted a Mitigation Monitoring and Reporting Program; and WHEREAS, the Prezone is in keeping with the intent and purpose of the Zoning Ordinance; and
WHEREAS, after hearing evidence presented by City staff and other verbal and written testimony presented during the public hearing, and after making the following findings:

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

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

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

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

4. On March 18, 2024, the City Council certified the Revised Final Project Environmental Impact Report for the Shepherd North Project; adopted the CEQA Findings of Fact and a Statement of Overriding Consideration; and adopted a Mitigation Monitoring and Reporting Program.

5. The basis and evidence for the findings are detailed in the May 6, 2024, staff report and staff presentation addressing the Project during the May 6, 2024, public hearing, both of which are hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing. 290
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLOVIS DOES ORDAIN AS FOLLOWS:

Section 1 The official map of the city is amended in accordance with Section 9.08.020 and Chapter 9.86 of the Clovis Municipal Code by rezoning certain land in the City of Clovis, County of Fresno, State of California, to wit:

LEGAL DESCRIPTION:

See the attached Attachment A.

From the Fresno County AL20 Zone District to the Clovis R-1-PRD (single family planned residential development) Zone District.

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

APPROVED: May 6, 2024
______________________________ ______________________________ Mayor City Clerk
* * * * * * * * * *
The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on May 6, 2024, and was adopted at a regular meeting of said Council held on Date Adopted, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: Date Adopted
_______________________________
City Clerk
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ATTACHMENT A

LEGAL DESCRIPTION
Legal Description:
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ATTACHMENT 5
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING A VESTING TENTATIVE TRACT MAP FOR A 605-LOT SINGLE-FAMILY SUBDIVISION ON APPROXIMATELY 77 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF SHEPHERD AND N. SUNNYSIDE AVENUES
WHEREAS, Great Bigland, LP., 7550 N. Palm Avenue, Suite 102, Fresno, CA 93711, submitted an application for Vesting Tentative Tract Map 6205 for a 605-lot single-family subdivision (“Tract Map”) on approximately 77 acres of property located at the northeast corner of Shepherd and N. Sunnyside Avenues (“Property”); and
WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on February 9, 2024, mailed public notices to property owners within 800 feet of the Property, including the Dry Creek Preserve Area, ten (10) days prior to said City Council hearing, and otherwise posted notice of the Public Hearing according to applicable law; and WHEREAS, Vesting Tentative Tract Map 6205, was filed on November 12, 2021, and was presented to the City Council for approval in accordance with the Subdivision Map Act of the Government of the State of California and Title 9, Chapter 2, of the Municipal Code and the City of Clovis; and
WHEREAS, the Planning Commission considered said map on November 16, 2023, denying said map; and
WHEREAS, a duly noticed hearing was held on March 18, 2024, at which time the City Council considered Vesting Tentative Tract Map 6205; and WHEREAS, on March 18, 2024, the City Council continued Vesting Tentative Tract Map 6205 to the May 6, 2024, public hearing; and
WHEREAS, the City Council held a public hearing on May 6, 2024, at which time the City Council considered Vesting Tentative Tract Map 6205; and WHEREAS, the City Council has given careful consideration to this map on May 6, 2024, and considered the CEQA analysis outlined in the staff report and elsewhere in the Administrative Record which determines that the Tract Map meets the requirements pursuant to CEQA Guidelines; and
WHEREAS, on March 18, 2024, the City Council certified the Revised Final Project Environmental Impact Report for the Shepherd North Project, inclusive of TM6205; adopted the CEQA Findings of Fact and a Statement of Overriding Considerations; and adopted a Mitigation Monitoring and Reporting Program; and
WHEREAS, the City Council has reviewed and considered the entire Administrative Record relating to the Tract Map, which is on file with the City of Clovis Department of Planning and Development Services, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not limited to, 293
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the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing, and the conditions of approval attached as Attachment B to this Resolution, which are incorporated herein by this reference.

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

1. The City Council hereby approves Vesting Tentative Tract Map 6205 as shown in Attachment A and subject to the conditions of approval set forth in Attachment B to this Resolution.

2. The Project satisfies the required findings for approval of a tentative tract map, as follows:
a. The proposed map, subdivision design, and improvements are consistent with the General Plan and any applicable specific plan.
b. The site is physically suitable for the type and proposed density of development. c. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
d. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems.
e. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. This finding may also be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision. f. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.
g. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities.
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h. The proposed subdivision, its design, density, and type of development and improvements conform to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law.

3. Without the conditions of approval (Attachment B of this resolution), the City Council could not make the findings necessary for approval of vesting tentative tract map TM6205 (attached and labeled Attachment A).

4. The basis for the findings is detailed in the May 6, 2024, staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the Public Hearing.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 6, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 6, 2024
______________________________ ______________________________ Mayor City Clerk
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Attachment B
Conditions of Approval - TM6205
Planning Division Comments
(George González, Senior Planner - (559) 324-2383)

1. The applicant shall obtain City approval in advance of temporary and permanent subdivision signs through separate sign review, consistent with the development criteria of the Clovis Municipal Code Sign Ordinance.

2. The developer shall repair and or replace any broken or damaged irrigation lines, valves, and other equipment on their properties which are intended to serve adjacent or downstream properties.

3. Prezone 2021-009 approves an R-1-PRD (Planned Residential Development) Zone District for the Project site (Development Area). Density shall be consistent with the Medium-High Density Land Use Designation of the Clovis General Plan and not exceed 15.0 dwelling units per acre.

4. No more than two of the same unit type (floor layout and exterior materials package) shall be repeated side by side. When two of the same units are repeated side by side, they shall be different colors. These identical provisions may be waived by the City Planner on a specific lot basis within the project when the size or configuration of a lot would otherwise prevent compliance with the above requirements of any other siting or setback/yard requirements established under this application. If such a waiver is requested, the developer and City Planner shall work together to ensure that any sitings of units not in compliance with the above requirements shall be of different materials and elevations in order to minimize any adverse visual impacts that may result.

5. TM6205 is subject to the development standards of the R-1-PRD Zone District and Planned Development Standards and Guidelines.

6. The developer shall construct a neighborhood park with associated amenities, additional landscaping areas, open space areas, and community trails per Attachment 15 of this report.

7. The proposed project must also produce a comprehensive development of superior quality than which might otherwise occur from more traditional development on the site. This could include an enhanced entry point, an embellished block wall on both street frontages, and superior exterior elevation design, all of which will be reviewed and approved through the civil plan review process and residential site plan review.

8. TM6205 is subject to the development standards of Planned Development Permit 2021- 004. Any development standards not expressed within PDP2021-004 shall be subject to the underlying Zone District R-1-PRD Standards and Guidelines. 300
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9. Setbacks shall be measured to the exterior face of the framing of the structure. Exceptions to the setbacks are identified in §9.24.100, of the Clovis Municipal Code.

10.Maximum lot coverage for the Citrea lots/ homes of TM6205 is 60% unless specifically approved through a residential site plan review or variance.

11.Maximum lot coverage for the Elev8ions lots/ homes of TM6205 is 65% unless specifically approved through a residential site plan review or variance.

12.Maximum lot coverage for the Regent lots/ homes of TM6205 is 60% unless specifically approved through a residential site plan review or variance.

13.The developer shall construct a fence along the property line of adjacent rural residential properties that will not impact the existing and/or permitted animals.

14.The developer shall utilize thematic street lights along local and private streets within the development area that complement the Heritage Grove Design Guidelines and a model that will shield the light from up lighting.

15.The developer shall construct a minimum six-foot high solid masonry wall along the northern property line of Heirloom Avenue and the western property line of Private Street “F” frontage.

16.The developer shall construct a minimum six-foot high solid masonry wall along property lines adjacent to the Fordham Avenue frontage.

17.The developer shall record a Covenant regarding a “right to farm,” for adjacent property owners. Such agreement shall be disclosed to all future home buyers.

18.Maximum building (main structure) height shall not exceed thirty-five (35) feet.

19.Setbacks for the Citrea lots/ homes of TM6205 shall be as follows:

Setbacks Front (Garage) Front (house) Garage Side Corner Street Sides Rear Plan 1334 (one-story) 18’ 10’ 5’ 5’ 5’
Plan 1482 (one-story) 18’ 10’ 5’ 5’ 5’
Plan 1612 (one-story) 18’ 10’ 5’ 5’ 5’
Plan 1782 (one-story) 18’ 10’ 5’ 5’ 5’
Plan 2741 (two-story) 18’ 10’ 5’ 5’ 5’
Lot Coverage: 60% Max
Maximum Height: 2-stories not to exceed 35 feet
Minimum Lot Size: 3,700 square feet
Minimum Parcel Width: 50 feet
Minimum Curved Parcel Width: 25 feet
Minimum Corner Parcel Width: 53 feet
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Minimum Parcel Depth: 74 feet
Reversed Corner Street Side Setback: 5 feet
Corner Street Side Fence Setback: 3 feet
Interior Side Yard Setback (opposite from garage): 3 feet Setback to Projections and/or Porch/ Patio: 9 feet
Garages: 20’x20’ interior dimension (2-car)

20.Setbacks for the Elev8ions lots/ homes of TM6205 shall be as follows:

Setbacks Front (Garage) Front (house) Garage Side Corner Street Sides Rear Plan 1212 (two-story) 5’ 5’ 5’ 3’ 4’
Plan 1390 (two-story) 5’ 5’ 5’ 3’ 4’
Plan 1648 (two-story) 5’ 5’ 5’ 3’ 4’
Plan 1660 (two-story) 5’ 5’ 5’ 3’ 4’
Lot Coverage: 65% Max
Maximum Height: 2-stories not to exceed 35 feet
Minimum Lot Size: 1,980 square feet
Minimum Parcel Width: 36 feet
Minimum Curved Parcel Width: 36 feet
Minimum Corner Parcel Width: 50 feet
Minimum Parcel Depth: 50 feet
Reversed Corner Street Side Setback: 3 feet
Corner Street Side Fence Setback: 3 feet
Interior Side Yard Setback (opposite from garage): 3 feet Setback to Projections and/or Porch/ Patio: 4 feet
Garages: 20’x20’ interior dimension (2-car)
10’x20’ interior dimension (1-car)

21.Setbacks for the Regent lots/ homes of TM6205 shall be as follows:

Setbacks Front (Garage) Front (house) Garage Side Corner Street Sides Rear Plan 1887 (one-story) 18’ 10’ 5’ 8’ 8’
Plan 2007 (one-story) 18’ 10’ 5’ 8’ 8’
Plan 2162 (one-story) 18’ 10’ 5’ 8’ 8’
Plan 2432 (two-story) 18’ 10’ 5’ 8’ 8’
Plan 3056 (two-story) 18’ 10’ 5’ 8’ 8’
Lot Coverage: 60% Max
Maximum Height: 2-stories not to exceed 35 feet
Minimum Lot Size: 4,500 square feet
Minimum Parcel Width: 50 feet
Minimum Curved Parcel Width: 25 feet
Minimum Corner Parcel Width: 53 feet
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Minimum Parcel Depth: 90 feet
Reversed Corner Street Side Setback: 8 feet
Corner Street Side Fence Setback: 3 feet
Interior Side Yard Setback (opposite from garage): 3 feet Setback to Projections and/or Porch/ Patio: 9 feet
Garages: 20’x20’ interior dimension (2-car)
20’x20’ minimum with 9’x15.5’ minimum
tandem (3-car)

22.Landscape plans shall be reviewed and approved separately by the landscape review committee for tree and landscape type and location.

23.Shepherd Avenue shall have a 30-foot landscape/pedestrian setback, with a 10-foot parkway, 12-foot trail, and 8-foot landscape buffer setback.

24.Sunnyside Avenue shall have a 20-foot landscape/pedestrian setback, with a 10-foot landscape, 6-foot walk, and 4-foot landscape buffer setback.

25.Upon final recordation of this vesting tentative tract map, it shall be the applicant’s responsibility to furnish to the Planning Department an electronic (PDF) copy of the original map obtained from the Fresno County Recorder’s Office.

26.The applicant shall relay all conditions of approval for Vesting Tentative Tract Map 6205 to all subsequent purchasers of individual lots, if applicable, and/or to subsequent purchasers of this entire tract map development.

27.The applicant shall record a Notice of Nonconformance dealing with any structure used for model homes where the garage is converted for the use as a sales office.

28.All lighting shall be screened from direct view from the public right-of-way and adjacent residential properties.

29.All landscaping (open space and private yards) shall conform to the City of Clovis Water Efficient Landscape Ordinance.

30.This Project requires the submittal and approval of a residential site plan review entitlement for lot-specific development standards within TM6205. Specific color and materials of the models, walls, amenities, landscaping, and fencing will be evaluated through the civil plans.

31.The applicant shall provide an all-weather surface for the placement and storage of trash receptacles leading from the 5-foot side yard to the front of the property.

32.The developer shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program prepared for the Project, which was included in the March 18, 2024, City Council staff report.
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33.This vesting tentative tract map is approved per Attachment 5A of this report.

34.The developer shall construct a minimum six-foot high solid split face masonry wall along the Shepherd and N. Sunnyside Avenue frontages. The masonry wall along Shepherd Avenue shall incorporate tubular steel fencing with pedestrian gates. The masonry walls shall incorporate angled corners at entries, and columns at the corners and ends.

35.The developer shall install pedestrian bollard lighting along the community trail on Shepherd Avenue, consistent with TM6200 to the west. Bollard light spacing will be every 100 linear feet.

36.The developer shall provide trail furniture, including benches and trash receptacles, along Shepherd Avenue, Heirloom Avenue and Private Street “F.”

37.As a public amenity for the Project, the developer shall contribute a dollar amount totaling $150,000 to the City for utilization in future open space and/or park improvements.

38.As a private amenity for the Project, the developer shall contribute the construction of a recreational area within two gated communities, which includes a pool, restroom facility, outdoor shower, cabana/ pergola, and lawn chairs. Specific amenity details will be reviewed during the civil plan review process.

39.The developer shall incorporate the Corner Gateway at the northeast corner of Shepherd and N. Sunnyside Avenues to complement the Corner Gateway at the northwest corner of intersection.

40.A minimum 6-foot high wood fence shall be placed along the northern (near Perrin Road alignment) and eastern property lines. If one is existing, it shall be of a condition to the satisfactory of the Planning Division and in compliance with fence standards.

Police Department Conditions
(Sean O’Brien, Department Representative - 324-3468)

41.Construction work shall be limited to the hours set forth in the Clovis Municipal Code. (CMC § 5.18.15.)

42.It shall be the responsibility of the property owner to maintain the structures and adjoining fences to the project free of graffiti. All forms of graffiti shall be removed within 72 hours. (CMC §§ 5.18.02(r), 5.18.06 (b).)

43.Emergency phone numbers for responsible parties shall be kept current during the building phase of the project.

44.All construction materials shall be located within a secured area or monitored by security staff during non-construction hours.
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Fire Department Conditions
(Rick Fultz, Fire Department Representative – (559) 324-2214) Roads / Access

45.Two Points of Access: Any development to this parcel will require a minimum of two (2) points of access to be reviewed and approved by the Clovis Fire Department. All required access drives shall remain accessible during all phases of construction which includes paving, concrete work, underground work, landscaping, perimeter walls. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads. 2022 CMC 4.4 Section D107

46.Maximum Travel Distance to a Residence on Local Streets from an Expressway, Arterial, or Collector Street: In order to provide first due emergency response and effective response force (ERF), the Fire Department adopted response times include 4:00 minutes for travel. It takes approximately 3 minutes to drive 1.9 miles based on the average speeds of arterial and collector streets. It then takes an additional 1 minute to drive 2,000 feet on a local street based on reduced speed of 25mph. Once fire department apparatus has entered a local street from an arterial or a collector street, the maximum travel distance to a residence shall be 2,000 feet. This distance is based on travel times for apparatus covering a 2 ½ mile by 2 ½ mile area of the city which is the standard insurance service organization (ISO) individual station response area.

47.Street Width: Fire apparatus access width shall be determined by measuring from “base of curb” to “base of curb” for roadways that have curbs. When roadways do not have curbs, the measurements shall be from the edge of the roadway surface (approved all weather surface). Clovis Fire Standard #1.1

48.Street Width for Single Family Residences: Minimum Access Road Width of 36 feet for Single Family Residences. Roads 36 feet or wider allow for Parking on both sides of street.

Access roads near fire department access gates shall be a minimum of 20’ in width and marked as fire lanes.

49.Streets with Median Islands: Streets with median islands shall comply with Clovis Fire Department Standard 1.1. Based on the street width, no trees will be allowed to be planted in the median island.

50.Fire Lane Marking Requirement for Single Family Residences: Based on the street width, fire lane markings will be required along the length of the street from the entry point off Shepherd until the street direction changes heading east. Fire lane markings will also be required on both sides of the median along the entire length of the street. The fire lanes shall be posted with signs and/or the curbs shall be painted red as per Clovis Fire Department Standard #1.1 and identified on site plan. Clovis Fire Standard #1.1 305
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51.Turning Radius: All access way roads constructed shall be designed with a minimum outside turning radius of forty-five feet (45’) Clovis Fire Standard #1.1

52.Temporary Street Signs: The applicant shall install temporary street signs that meet City Temporary Street Sign Standard #1.9 prior to issuance of building permits within a subdivision.

53.All Weather Access &Water Supply: The applicant shall provide all weather access to the site during all phases of construction to the satisfaction of the approved Clovis Fire Department Standard #1.2 or #1.3.

54.Security Gates: All security gates shall comply with Clovis Fire Department Gates Standard #1.5. Plans shall be submitted for review and permits issued by Fire Department prior to installation. Gates shall be inspected and tested for operation prior to any occupancy.

1. All vehicle gates for developments containing dwellings or as required by the Fire Chief shall be equipped with an approved “Class II” modulated light detection system capable of receiving a modulated frequency of 14.035 Hz. plus or minus 0.250 Hz. The detection system shall be installed according to the manufacturer’s specifications. The light detection shall be installed to operate from any angle of approach by Clovis Fire Department Emergency Vehicles. Multiple light detection sensors may be required to be installed to allow access from different angles of approach. All light sensors are required to be tested by Clovis Fire Department Emergency Vehicles for approval.

2. For separate entrance and exit gates when opened, gates shall provide a clear width of not less than 14 feet. A single gate providing entrance and exiting shall provide a clear width of not less than 20 feet.

Exception to Clovis Fire Department Gates Standard #1.5 specific to this project for the north gate only: Due to conflicts and concerns from homes owners of existing homes, this gate may be used for emergency ingress and egress only. The developer shall provide written documentation of monthly testing of the gate by a third party contractor to the Clovis Fire Department.

Water Systems

55.Residential Fire Hydrant: The applicant shall install 4 ½” x 2 ½” approved Residential Type fire hydrant(s) and “Blue Dot” hydrant locators, paint fire hydrant(s) yellow with blue top and caps, and paint the curb red as specified by the adopted Clovis Fire Department Standard #1.4. Plans shall be submitted to the Clovis Fire Department for review and approval prior to installation. The hydrant(s) shall be charged and in operation prior to any framing or combustible material being brought onto the site. Clovis Fire Standard #1.4. The locations shown on the current tract meet Clovis Fire Department Standard #1.4. 306
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56.Looped Water Main: The applicant shall install approved looped water main capable of the necessary flow of water for adequate fire protection and approved by the Clovis Fire Department.

General Plan: Circulation Element

57.Policy 1.5: Neighborhood connectivity. The transportation network shall provide multimodal access between neighborhoods and neighborhood-serving uses (educational, recreational, or neighborhood commercial uses). The proposed layout does not provide connectivity from Shepherd to any future development to the north.

58.Policy 1.6: Internal circulation. New development shall utilize a grid or modified-grid street pattern. Areas designated for residential and mixed-use village developments should feature short block lengths of 200 to 600 feet. Both Sheet 3 and Sheet 4 have streets in excess of 600’.

59.Policy 1.8: Network completion. New development shall complete the extension of stub streets planned to connect to adjacent streets, where appropriate. Fordham should be constructed to extend to the north and provide access for through traffic.

Engineering / Utilities / Solid Waste Division Conditions (Sean Smith, Engineering Division Representative – 324-2363) (Paul Armendariz, Department Representative – 324-2649) Maps and Plans

60.The conditions of this tract map are written under the assumption that all dedications and improvements have been completed by the adjacent TM 6200 development, and that these dedications and improvements have been accepted by the City. Additional conditions shall be required at the discretion of the City Engineer if the improvements and dedications by TM 6200 have not been accepted by the City.

61.The applicant shall have a final tract map prepared, in the form prescribed by the Subdivision Map Act and City of Clovis Municipal Code. The final tract map shall be submitted to the City of Clovis Engineering Division, and should include, but not be limited to, final tract map, the current filing fee, closure calculations, current preliminary title report, legal descriptions and drawings of required dedications.

62.The applicant shall submit separately to the City of Clovis Engineering Division, a set of construction plans on 24" x 36" sheets with City standard title block for all required improvements and a current preliminary title report. These plans shall be prepared by a registered civil engineer, and shall include a grading plan, landscape plan, a site plan showing trash enclosure locations and an overall site utility plan showing locations and sizes of sewer, water, storm drain, and irrigation mains, laterals, manholes, meters, valves, hydrants, fire sprinkler services, other facilities, etc. Plan check and inspection fees per City of Clovis Resolution No. 23-34 shall be paid with the first submittal of said plans. All 307
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plans shall be submitted at or before the time the building plans are submitted to the Building Division and shall be approved by the City and all other involved agencies prior to the release of any development permits.

63.Prior to the initial submittal of the improvement plans, the applicant shall contact Sean Smith at (559) 324-2363 to setup a coordination meeting (Pre-submittal Meeting).

64.Upon approval of improvement plans, the applicant shall provide the City with the appropriate number of copies. After all improvements have been constructed and accepted by the City, the applicant shall submit to the City of Clovis Engineering Division (1) digital copy to the City in PDF format of the approved set of construction plans revised to accurately reflect all field conditions and revisions and marked "AS-BUILT" for review and approval. Upon approval of the AS-BUILTs by the City, and prior to granting of final occupancy or final acceptance, the applicant shall provide to the City (1) digital copy in PDF format and two (2) bond copies.

65.The applicant shall comply with reporting requirements in accordance with Government Code 65940.1, which requires the City to, “request from a development proponent, upon issuance of a certificate of occupancy or the final inspection, whichever occurs last, the total amount of fees and exactions associated with the project for which the certificate was issued. The City shall post this information on its internet website, and update it at least twice per year.”
General Provisions

66.The applicant shall pay all applicable development fees at the rate in effect at the time of payment and prior to final map approval by Council or have the fees payable directly to the City through a separate escrow account at the time of recordation of the map.

67.The applicant is advised that, pursuant to California Government Code, Section 66020, any party may protest the imposition of fees, dedications, reservations, or other exactions imposed on a development project by a local agency. Protests shall be filed in accordance with the provisions of the California Government Code and shall be filed within 90 days after conditional approval of this application is granted. The 90-day protest period for this project shall begin on the “date of approval” as indicated on the “Acknowledgment of Acceptance of Conditions” form.

68.All reimbursement requests shall be prepared and submitted in accordance with the requirements of the current version of the “Developer Reimbursement Procedures” a copy of which may be obtained at the City Engineer’s Office.

69.The applicant shall install all improvements within public right-of-way and easements in accordance with the City of Clovis standards, specifications, master plans, and record drawings in effect at the time of improvement plan approval. 308
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70.The applicant shall address all conditions, and be responsible for obtaining encroachment permits from the City of Clovis for all work performed within the City's right-of-way and easements.

71.The applicant shall submit a soils report or a waiver of soils report to the City of Clovis Engineering Division for approval by the City Engineer.

72.The applicant shall provide and pay for all geotechnical services per City policy.

73.The applicant shall comply with the requirements of the local utility, telephone, and cable companies. It shall be the responsibility of the applicant to notify the local utility, telephone, and cable companies for the removal or relocation of utility poles where necessary. The City shall not accept first submittals without proof that the applicant has provided the improvement plans and documents showing all proposed work to the utility, telephone, and cable companies. All utility vaults in which lids cannot be sloped to match proposed finished grading, local utilities have 5% max slope, shall be located in sidewalk areas with pedestrian lids so the lid slope matches sidewalk cross slope.

74.All existing overhead and new utility facilities located on-site or within the street right-of-way along the streets adjacent to this tract shall be undergrounded unless otherwise approved by the City Engineer.

75.The applicant shall contact and address all requirements of the United States Postal Service Clovis Office for the location and type of mailboxes to be installed. The location of the facilities shall be approved by the City Engineer prior to approval of improvement plans or any construction.

76.The applicant shall contact and address Caltrans requirements. The applicant shall be required to mitigate impacts to State Highway facilities as determined by the City Engineer.

Dedications and Street Improvements

77. The applicant shall provide right-of-way acquisition or dedicate free and clear of all encumbrances and/or improve the following streets to City standards. The street improvements shall be in accordance with the City’s specific plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the type, location, and grades of existing improvements.
a. Shepherd Avenue – Along frontage, dedicate to provide right-of-way acquisition for 70' (existing 0' due to a change in the ultimate street centerline alignment) north of centerline and 60’ (existing varies) south of centerline, and improve with curb, gutter and sidewalk on both sides of the street, drive approaches, curb return ramps, street lights, fiber optic conduit, median island, median island landscaping and irrigation, landscape strip, 60' (30’ north + 30’ south) of permanent paving, and transitional paving as needed.
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b. Shepherd Avenue – For orderly development, between the eastern limit of the development and North Fowler Avenue, dedicate to provide right-of-way acquisition for 70' (existing varies) north of centerline and 60’ (existing varies) south of centerline, and improve with curb, gutter and sidewalk on both sides of the street, drive approaches, curb return ramps, street lights, fiber optic conduit, median island, median island landscaping and irrigation, landscape strip, 60' (30’ north + 30’ south) of permanent paving, and transitional paving as needed. c. North Sunnyside Avenue – Along frontage, dedicate to provide right-of-way acquisition for 47' (existing varies) east centerline, and improve with sidewalk, curb return ramps and landscape strip.
d. North Sunnyside Avenue Round-A-Bout – At Heirloom Avenue, dedicate and improve to Federal Highway Administration guidelines and approval of the City Engineer.
e. Heirloom Avenue –According to the approved Vesting Tentative Tract Map, dedicate to provide for 72’ to 85’ of right-of-way and improve with curb, gutter, sidewalk on the south side and pathway on the north side, drive approaches, curb return ramps, streetlights, landscaping and irrigation, permanent paving, and all transitional paving as needed.
f. North Fordham Avenue – Between Shepherd Avenue and Public Street "A” according to the approved Vesting Tentative Tract Map, dedicate to provide for 89’ of right-of-way and improve with curb, gutter, sidewalk on the east side and pathway on the west side, curb return ramps, streetlights, landscaping and irrigation, permanent paving, and all transitional paving as needed. g. Private Street “F” – Between Heirloom Avenue and Perrin Avenue, according to the approved Vesting Tentative Tract Map, dedicate to provide for 67.2’ of rightof-way and improve with curb, gutter, pathway on the east side, curb return ramps, streetlights, landscape strip, permanent paving, and all transitional paving as needed.
h. Gated Developments – Provide ample vehicle stacking area outside the travel lanes of the public street that will allow vehicles to wait as vehicles are accessing the control panel to open the security gates. Design a turn-a-round to allow vehicles that cannot enter the complex to return to the street without backing the vehicle up. Provide the Solid Waste Division with remote controls that will allow access for all solid waste and recycling vehicles.
i. Public Interior Streets – Dedicate to provide for 50’ or 54’ of right-of-way in conformance with the City policy on street widths, and improve with curb, gutter, 5’ sidewalk adjacent to the curb, drive approaches, curb return ramps, streetlights, permanent paving, and all transitional paving as needed. 310
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j. Private Interior Streets – For two-way traffic with no parking on both sides, the minimum travel width shall be 25’ with a clear width of 30’. For two-way traffic with parking on one side, the minimum travel width shall be 32’. For two-way traffic with parking on both sides, the minimum travel width shall be 36’. k. Entry feature streets with median islands shall have a minimum of 22’ wide travel lanes in each direction with parking or without parking. l. Cul-De-Sacs - dedicate to provide for 52' radius and improve with curb, gutter, sidewalk, streetlights, 43' permanent paving and all transitional paving as needed.
m. The applicant shall relinquish all vehicular access for all lots backing or siding onto Shepherd and North Sunnyside Avenues.
n. Shepherd Avenue – At the proposed local street, construct a 200-foot eastbound dedicated left-turn pocket and a 100-foot westbound dedicated right-turn lane.

78. The applicant shall provide a dedication for a 10' public utility easement, where applicable, along all frontages or alternate widths approved by the utilities companies.

79. For new onsite ADA paths of travel that connect to the City sidewalk, the applicant shall replace enough sidewalk to provide a compliant landing with appropriate transitions to existing sidewalk grades.

80. The applicant shall remove and repair all damaged or broken concrete improvements.

The City Engineer may require the repair of additional improvements if they are damaged prior to occupancy.

81. The applicant shall not install any fences, temporary or permanent in public right-of-way.

82. The applicant shall provide preliminary title report, legal description and drawings for all dedications required which are not on the site. All contact with owners, appraisers, etc. of the adjacent properties where dedication is needed shall be made only by the City.

The City will prepare an estimate of acquisition costs including but not limited to appraised value, appraisal costs, negotiation costs, and administrative costs. The applicant shall pay such estimated costs as soon as they are determined by the City.

83. The sideyard side of all corner lots shall have full width sidewalk except where planter strips or meandering sidewalk is proposed.

84. The applicant shall obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests.
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85. The applicant shall, at the ends of any permanent pavement abutting undeveloped property, install 2" x 6" redwood header boards that shall be placed prior to the street surfacing.

86. Standard barricades with reflectors shall be installed at ends of streets abutting undeveloped property and any other locations to be specified by the City Engineer.

Sewer

87. The applicant shall identify and abandon all septic systems to City standards.

88. The applicant shall install sanitary sewer mains of the size and in the locations indicated below, prior to occupancy. The sewer improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and shall be supported by appropriate calculations. a. Shepherd Avenue – Install 15" main between North Sunnyside Avenue and North Fowler Avenue.
b. Shepherd Avenue – Install 16" force main between North Sunnyside Avenue and North Fowler Avenue.
c. Shepherd Avenue – Install 8" force main between North Sunnyside Avenue and North Fowler Avenue.
d. Interior Streets – Install 8" mains.

89. The applicant shall install one (1) 4" sewer service house branch to each lot within the tentative tract.

90. The applicant shall notify all property owners annexed to the City and along streets where a new sewer main will be constructed to determine if they wish to be connected to City sewer. Property owners shall work directly with the applicant regarding costs and location. The applicant shall notify property owners that sewer connection fees are required if they choose to connect.

91. The City cannot guarantee at this time that sewer capacity will be available for this development when site construction occurs. The applicant, therefore, waives any claim or demand against the City for any delay in availability of sewer capacity for this subdivision.

92. Applicant acknowledges that sewage collection and treatment capacity for the area within which the proposed subdivision is located is extremely limited, and that capacity may not be available to provide service for the proposed subdivision at such time as applicant is ready to seek approval of a final map. Applicant acknowledges, understands, and agrees that if such sewage collection and treatment capacity is not available to serve the proposed subdivision, as determined in the sole and absolute discretion of the City of Clovis, the final map may not be approved. Notwithstanding the 312
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foregoing, applicant has freely and voluntarily chosen to proceed with the submittal and processing of the tentative map, intends to expend money, time and effort in connection therewith, and accepts the risks that the final map approval may be delayed until sufficient capacity is available as determined in the sole and absolute discretion of the City of Clovis. Applicant agrees to hold harmless and indemnify the City of Clovis from any and all claims, costs, expenses, and damages incurred or suffered by applicant, its principals, officers, employees, agents, or contractors, caused by, in connection with, or arising out of the unavailability of sewage collection or treatment capacity to serve the proposed subdivision, or the City’s refusal or failure to approve a final map for the proposed subdivision because of the unavailability of sewage collection or treatment.

Water

93. The applicant shall identify and abandon all water wells to City standards.

94. The applicant shall install water mains of the sizes and in the locations indicated below and provide an adequately looped and redundant water system prior to occupancy. The water improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and shall be supported by appropriate calculations.
a. Shepherd Avenue – Relocate the 16” main so the centerline of the entire length between North Sunnyside Avenue and North Fowler Avenue is 33’ south of the street centerline.
b. North Sunnyside Avenue – Install 24" main along the PG&E substation frontage to Perrin Avenue.
c. Perrin Avenue – Install 24" main between North Sunnyside Avenue and North Marion Avenue.
d. Interior Streets – Install 8" mains.
e. Interior Private Streets – Install 8” mains.
f. Provide appropriately sized off-site water mains for a redundant water system as approved by the City Engineer.

95. The applicant shall provide dedication of 15-foot-wide utility easements for all on-site water mains, hydrants, blow-offs, and water meters not located in otherwise dedicated rights-of-way.

96. The applicant shall install a City standard water service to each lot of the proposed subdivision. Water services shall be grouped at property lines to accommodate automatic meter reading system, including installation of connecting conduit. The water meter shall be placed in the sidewalk and not in planters or driveways.

97. The applicant shall notify all property owners’ annexed to the City and along streets where a new water main will be constructed to determine if they wish to be connected 313
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to City water. Property owners shall work directly with the applicant regarding costs and location. The applicant shall notify property owners that water connection fees are required if they choose to connect.

98. Prior to recording a final map of any phase, the applicant shall demonstrate to the satisfaction of the City Fire Chief and City Engineer that there is adequate water pressure to serve the units to be constructed. The applicant shall work with the City Engineer to determine the adequacy of water supply/pressure for the proposed development.

99. Applicant acknowledges that water distribution and treatment capacity for the area within which the proposed subdivision is located is extremely limited, and that distribution may not be available to provide service for the proposed subdivision at such time as applicant is ready to seek approval of a final map. Applicant acknowledges, understands, and agrees that if such water distribution and treatment capacity is not available to serve the proposed subdivision, as determined in the sole and absolute discretion of the City of Clovis, the final map may not be approved. Notwithstanding the foregoing, applicant has freely and voluntarily chosen to proceed with the submittal and processing of the tentative map, intends to expend money, time and effort in connection therewith, and accepts the risks that the final map approval may be delayed until sufficient distribution is available as determined in the sole and absolute discretion of the City of Clovis. Applicant agrees to hold harmless and indemnify the City of Clovis from any and all claims, costs, expenses, and damages incurred or suffered by applicant, its principals, officers, employees, agents, or contractors, caused by, in connection with, or arising out of the unavailability of water distribution or treatment capacity to serve the proposed subdivision, or the City’s refusal or failure to approve a final map for the proposed subdivision because of the unavailability of water distribution or treatment capacity.

Recycled Water
100. The applicant shall install recycled water mains of the sizes and in the locations indicated below. The recycled water improvements shall be in accordance with the City’s master plans and shall match existing improvements. All areas utilizing recycle water for irrigation shall be clearly marked on the improvement plans. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of the mains shall require approval of the City Engineer and may require appropriate calculations.
a. Shepherd Avenue – Install 24” main between North Sunnyside Avenue and North Fowler Avenue.
b. Paseos, Trails, and Neighborhood Parks – Install mains as necessary to serve the paseos, trails, and the neighborhood parks.
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Grading and Drainage
101. The applicant shall contact the Fresno Metropolitan Flood Control District (FMFCD) and address all requirements, pay all applicable fees required, obtain any required NPDES permit, and implement Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology to reduce or eliminate storm water pollution.

Plans for these requirements shall be included in the previously required set of construction plans, and shall be submitted to and approved by FMFCD prior to the release of any development permits.
102. Portions of the project appear to lie within a flood zone. The applicant shall comply with the requirements of the City’s Municipal Code.
103. In the event permanent storm drainage facilities are not available, the applicant shall provide temporary on-site retention basins for storm water disposal and provide a cash deposit for each basin to offset the City’s cost of maintaining the basins. The size and design shall be in accordance with the requirements of the City Engineer and may change based on design calculations and access requirements for maintenance. The temporary pond maintenance deposit shall be based on size, depth, expected maintenance schedule, etc. However, the property owner shall be responsible for periodic cleaning of toxic material. The temporary basin is solely for the convenience of the subdivision.
104. The owner of the property on which the temporary basin(s) are located shall backfilled said basin(s) within ninety (90) days after notice is given by the City that the basin(s) are no longer needed. In the event the owner fails to backfill said basin(s) within said 90 days, the City may cause the basin to be backfilled. A lien to cover the cost of the work will be placed on the property, including the costs to prepare and enforce the lien. A covenant shall be prepared and recorded on the lot on which the basin(s) is/are located. 105. Grade differentials between lots and adjacent properties shall be adequately shown on the grading plan and shall be treated in a manner in conformance with City of Clovis Standard Drawing No. M-4 as modified by the City Council. Any retaining walls required on-site or in public right of way shall be masonry construction. All retaining walls shall be designed by a registered civil engineer.

Irrigation and Landscaping Facilities
106. The applicant, as a portion of the required tract improvements, shall provide landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in public right-of-way and the area reserved for landscaping. The irrigation and landscape improvements shall be in accordance with the City’s master plans and shall match existing improvements. The applicant’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Plans for the required landscaping and irrigation systems shall be prepared by an appropriately registered professional at the applicant's expense and shall be approved by the City of Clovis 315
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Planning and Development Services Department and Public Utilities Department prior to the beginning of construction or the recording of the final tract map, whichever occurs first. Landscape and irrigation facilities that the City Landscape Maintenance District shall maintain: landscape strips along North Sunnyside Avenue and Shepherd Avenue, and the median islands in Shepherd Avenue. The landscape strips around the planned unit developments in the interior streets may be maintained by a perpetual maintenance covenant.
107. The owner shall request annexation to and provide a covenant for the Landscape Maintenance District. The property owner acknowledges and agrees that such request serves as a petition pursuant to California State Proposition 218 and no further election shall be required for the establishment of the initial assessment. The assessment for each lot shall be obtained from the City for the tax year following the recordation of the final map. The estimated annual assessment per average sized lot is $524.53, which is subject to change prior to issuance of building permit or final tract map approval and is subject to an annual change in the range of the assessment in the amount of the Consumer Price Index, U.S. City Average, All Urban Consumers (CPI Index), plus two percent (2%). The additional landscaping enhancements that exceed the City norms and are specific benefit to the property, such as the entry feature, columns, monuments, interior median islands, round-a-bouts, special streetlights, etc, if determined to be maintained by the Landscape Maintenance District, shall be maintained by an additional landscape maintenance assessment. The applicant shall provide construction costs and deposit with the City an amount equal to 50% of the value of the enhanced landscaping hardscape features, or an alternate amount approved by the City Engineer, such as columns, monuments, and special street lights, that exceeds the City norms.

The applicant shall provide the City with an estimate of the annual maintenance for the special lighting and landscaping enhancements that exceeds the City norms. The owner/developer shall notify all potential lot buyers before they actually purchase a lot that this tract is a part of a Landscape Maintenance District and shall inform potential buyers of the assessment amount. Said notification shall be in a manner approved by the City. The owner/developer shall supply all pertinent materials for the Landscape Maintenance District.
108. The applicant shall comply with the City of Clovis Water Efficient Landscape Requirements Ordinance.
109. All existing agricultural irrigation systems either on-site or in public right of way, shall be identified prior to any construction activity on the site. Service to all downstream users of irrigation water shall be maintained at all times through preservation of existing facilities or, if the existing facilities are required to be relocated, the relocation and replacement of the existing facilities. It is the intent that downstream users not bear any burden as a result of development of the site. Therefore, the applicant shall pay all costs related to modification, relocation, or repair of any existing irrigation facilities resulting from or necessitated by the development of the site. The applicant shall identify on site plans and construction plans, all existing irrigation systems and their disposition (abandonment, repair, relocation, and/or piping). The applicant shall provide waivers 316
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from all users in order to abandon or modify any irrigation pipelines or for any service interruptions resulting from development activities.
110. The applicant shall provide a landscape and irrigation perpetual maintenance covenant recorded for landscaping installed in the public right-of-way behind the curb including easements that will not be maintained by the Clovis Landscape Maintenance District. A recordable covenant shall be submitted to and approved by the City of Clovis City Engineer prior to final map approval.
111. The applicant shall provide a perimeter wall perpetual maintenance covenant on all properties that have a perimeter wall that is installed on private property. A recordable covenant shall be submitted to and approved by the City of Clovis City Engineer prior to final map approval.

Miscellaneous
112. The applicant shall install streetlights per the attached street light exhibit. Streetlights along the major streets shall be installed on metal poles to local utility provider’s standards at the locations designated by the City Engineer. Street light locations shall be shown on the utility plans submitted with the final map for approval. Streetlights at future traffic signal locations shall be installed on approved traffic signal poles, including all conduits and pull boxes. Streetlights along the major streets shall be owned and maintained by local utility providers. Proof of local utility provider’s approval shall be provided. The applicant may install thematic lighting, as approved by the City Engineer.

If the applicant chooses to install thematic lighting, the applicant shall provide a conceptual lighting plan identifying adjacent properties that may be incorporated with thematic lights to create a neighborhood effect. Thematic lighting owned by the City shall be maintained by an additional landscape maintenance assessment. 113. The applicant shall install all major street monumentation and section corner monumentation within the limits of the project work in accordance with City Standard ST-32 prior to final acceptance of the project. Monumentation shall include all section corners, all street centerline intersection points, angle points and beginning and end of curves (E.C.'s & B.C.'s). The applicant/contractor shall furnish brass caps. Any existing section corner or property corner monuments damaged by this development shall be reset to the satisfaction of the City Engineer. A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance. Brass caps required for installation of new monuments or replacement of existing monuments shall be provided by the contractor/the applicant and approved by City prior to installation. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the applicant shall present to the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.
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114. A deferment, modification, or waiver of any engineering conditions shall require the express written approval of the City Engineer.
115. The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer.

Fresno Metropolitan Flood Control District (FMFCD) Comments (Robert Villalobos, Department Representative – 559-456-3292) 116.The applicant shall refer to the attached FMFCD correspondence. If the list is not attached, please contact the Fresno Metropolitan Flood Control District for the requirements.

Fresno Irrigation District (FID) Conditions
(Laurence Kimura, Department Representative – 559-233-8227) 117.The applicant shall refer to the attached Fresno Irrigation District correspondence. If the list is not attached, please contact the FID for the list of requirements.

County of Fresno Health Department Conditions
(Kevin Tsuda, County of Fresno Health Department Representative – 600-3271) 118.The applicant shall refer to the attached Fresno County Health Department correspondence. If the list is not attached, please contact the Health Department for the list of requirements.

Clovis City CouncilMay 6, 2024

Clovis City Council
May 6, 2024