Agenda packet — Clovis City Council, June 3, 2024

June 03, 2024 - 1 - 1:46 PM A G E N D A • C I T Y C O U N C I L M E E T I N G

June 3, 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). Notificatio n 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Chamber.

The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; 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 June 03, 2024 - 2 - 1:46 PM

CALL TO ORDER

FLAG SALUTE - Councilmember Bessinger

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

COUNCIL ITEMS

1. Consider Approval - Confirmation of City Manager’s Appointment of City Clerk.

Staff: John Holt, City Manager
Recommendation: Confirm Appointment

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.

2. Administration - Approval - Minutes from the May 20, 2024, Council Meeting.

3. Administration - Adopt – Ord. 24-04, an Ordinance of the City Council of the City of Clovis Amending Sections 5.22.02 and 5.22.05 of Chapter 5.22, of Title 5 of the Clovis Municipal Code Pertaini ng to Regulations for the Delivery of Medicinal Marijuana. (Vote: 5-0)

4. Administration - Adopt - Ord. 24-07, R2021-006, An Ordinance approving a request to prezone the properties within the annexation area (246 acres) from the Fresno County AE-20 Zone District to the Clovis O, P -F, R -A, R -1, and R -1-PRD Zone Districts, associated with approximately 246 acres of land located southwest of the intersection of Behymer Avenue and the Sunnyside Avenue alignm ent, within the Heritage Grove Urban Center. (Vote: 5-0)

5. Administration - Adopt - Ord. 24 -08, R2024 -001, An ordinance of the City Council approving an exemption from further environmental review under CEQA Guidelines Section 15183, and approving a rezone, adjusting the existing zoning designation from the R -1-7500 (Single Family Residential – 7,500 sq. ft.) Zone District to the C -P (Administrative and Professional Office) Zone District for the property located at 488 2 June 03, 2024 - 3 - 1:46 PM N. Armstrong Avenue. Dale and Mary De Geode, owner; GMA Engineering, applicant and representative. (Vote: 5-0)

6. Administration - Approval – Request from California Classic to Hold a 5K Event on November 28, 2024, in Old Town Clovis.

7. General Services – Approval – Res. 24-___, Authorizing the City Manager to Execute the Fresno Council of Governments (FCOG) Agreement for the Demand Response Wheelchair Accessible Service – Access for All Program 2023.

8. Planning and Development Services – Approval – Bid Award for CIP 21 -18 Clovis Avenue Street Improvements to A.J. Excavation, Inc. for $806,879.60; and Authorize the City Manager to Execute the Contract on behalf of the City.

9. Planning and Development Services – Approval – Bid Award for CIP 21-21, Sunnyside Avenue Street Improvements to Cal Valley Construction, Inc. in the amount of $1,824,639.40; and authorize the City Manager to execute t he contract on behalf of the City.

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.

10. Consider Approval – Res. 24 -___, a Resolution Confirming the Diagram and Assessments for the Annual Levy, 2024-2025 Landscape Maintenance District No. 1.

Staff: Paul Armendariz, Deputy Public Utilities Director Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS

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

11. Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: John Holt, Andrew Haussler, Shonna Halterman, Amy Hance, Scott Cross
Employee Organization: Transit Employees Bargaining Unit/Operating Engineers 3

12. Government Code Section 54957

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager

RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION

ADJOURNMENT

3 June 03, 2024 - 4 - 1:46 PM

FUTURE MEETINGS

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

June 10, 2024 (Mon.)
June 17, 2024 (Mon.)
July 1, 2024 (Mon.)
July 2 - Aug. 4 Summer Recess
August 5, 2024 (Mon.)
4 TO: Mayor and City Council
FROM: Administration
DATE: June 3, 2024
SUBJECT: Consider Approval - Confirmation of City Manager’s Appointment of City Clerk.

Staff: John Holt, City Manager
Recommendation: Confirm Appointment

ATTACHMENTS: None.

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent (developer, applicant, agent, and/or participants) within the preceding 12 months (Government Code 84308).

RECOMMENDATION
Consider confirmation of the City Manager’s appointment of Briana Parra as City Clerk effective June 3, 2024.

EXECUTIVE SUMMARY
Briana Parra has served several local agencies as a Deputy or Interim Clerk since 2006. She has achieved the “Certified Municipal Cle rk” designation from the International Institute of Municipal Clerks which represents a significant commitment to the profession through education and experience. Ms. Parra also holds a bachelor’s degree in Organizational Leadership from Fresno Pacific University.

Ms. Parra’s experience, education, and commitment to the profession makes her a valuable addition to the City’s leadership team and an ideal match for the role of City Clerk . Based on this, the City Manager has determined that Briana Parra is well qualified and prepared for this position, and has made the appointment as City Clerk, subject to City Council confirmation, effective June 3, 2024.

FISCAL IMPACT
The City has budgeted sufficient funds for this position. 5 AGENDA ITEM NO. 1.

REASON FOR RECOMMENDATION
Pursuant to Clovis Municipal Code, Chapter 2.2.103(b)(3), the City Council must confirm appointment of the City Clerk made by the City Manager.

ACTIONS FOLLOWING APPROVAL
The City Manager will follow up with any appropriate action as directed by the City Council.

Prepared by: Andrew Haussler, Assistant City Manager

Reviewed by: City Manager JH
6 AGENDA ITEM NO. 1.

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CLOVIS CITY COUNCIL MEETING

May 20, 2024 6:00 P.M. Council Chamber

Meeting called to order by Mayor Ashbeck at 6:00
Flag Salute led by Councilmember Basgall

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

PRESENTATION – 6:03

6:03 – ITEM 1 - PRESENTATION OF PROC LAMATION DECLARING M AY 19 -25, 2024, AS NATIONAL PUBLIC WORKS WEEK.

PUBLIC COMMENTS –6:10

Brent Burdine, resident, invited Council to the 35th Annual Memorial Service at Woodward Park.

Steven Trevino, resident, spoke on the flags being at half -staff and bike paths and sidewalk connectivity.

Bill Rogers, resident, spoke on pedestrian concerns in Old Town.

Jesse Rogers, resident, spoke on concerns regarding traffic.

Crystal Podever, resident, spoke on concerns about transit services and homelessness.

Des Martinez, resident, spoke on homelessness and transit services.

Eric Rollins, resident, spoke on outreach done by City staff.

Shawn Berdine, resident, spoke on outreach done by City staff.

CONSENT CALENDAR – 6:35

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

2. Administration - Approved - Minutes from the May 13, 2024, Council Meeting.

3. Administration - Adopted - Ord. 24-03, an Ordinance of the City Council of the City of Clovis Amending Sections 5.29.102, 5.29.203, and 5.29.301 of Chapter 5.29, of Title 5 of the Clovis Municipal Code Pertaining to Definitions and Regulations Relating to Multiple Responses to Nuisance Violations. (Vote: 5-0)
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4. Administration - Adopted - Ord. 24-05, An ordinance of the City Council of the City of Clovis adding Section 5.10.25 to Chapter 5.10 of Title 5 of the Clovis Municipal Code relating to Massage Establishments. (Vote: 5-0)

5. Administration - Adopted - Ord. 24-06, An ordinance of the City Council of the City of Clovis adding Chapter 5.35 to Title 5 of the Clovis Municipal Code relating to Tobacco Retailers. (Vote: 5-0)

6. Administration – Approved - Amendment to the 135 Osmun affordable senior housing development agreement with Central California Housing Corporation (dba Affordable Housing Development Corporation (AHDC)), and Better Opportunities Builder, Inc. (BOB), to revise the units to be developed from 51 to 47.

7. Finance – Received and Filed – Investment Report for the Month of January 2024.

8. Finance – Received and Filed – Treasurer’s Report for the Month of January 2024.

9. Fire - Received and Filed - 2023 Fire Department Annual Report.

10. Planning and Developm ent Services – Approved – Res.24-60, Adopt a list of projects funded by SB1: The Road Repair and Accountability Act.

11. Public Utilities – Approved – Waive Formal Bidding Requirements and Authorize the Purchase of a 2024 Avant M755 Tractor from California Turf Equipment & Supply Company in the Amount of $83,493.37.

PUBLIC HEARINGS – 6:36

6:36 ITEM 12 - CONSIDER REVIEW AND INTRODUCTION – RES. 24-XX, 2024-25 CITY OF

CLOVIS ANNUAL BUDGET , FIVE YEAR CAPITAL IMPROVEMENT PROGRAM, AND INFORMATION REGARDIN G THE CLOVIS SUCCESSOR AG ENCY. (CONTINUED FROM THE MAY 13, 2024, COUNCIL MEETING)

12A - FINANCE DEPARTMENT (JAY SCHENGEL)
12B - CITY COUNCIL / C ITY ATTORNEY / CITY MANAGER / CITY CLERK (ANDY

HAUSSLER / JESSE VELEZ)
12C - PUBLIC UTILITIES DEPARTMENT (SCOTT REDELFS)
12D - PLANNING AND DEV ELOPMENT SERVICES/CO MMUNITY INVESTMENT

PROGRAM (RENEE MATHIS)
12E - ECONOMIC DEVELOP MENT, HOUSING, AND C OMMUNICATIONS (CHAD

MCCOLLUM)
12F - GENERAL SERVICES (SHONNA HALTERMAN)
12G - FIRE DEPARTMENT (CHRIS EKK) – CONTINUED FROM THE MAY 13, 2024,

COUNCIL MEETING
12H - POLICE DEPARTMENT (CURT FLEMING) – CONTINUED FROM THE M AY 13, 2024, COUNCIL MEETING

Motion to continue to June 10, 2024 by Councilmember Basgall, seconded by Councilmember Bessinger Motion carried by unanimous vote.

8 AGENDA ITEM NO. 2.

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8:00 ITEM 13 - CONSIDER ITEMS ASSOC IATED WITH APPROXIMA TELY 246 ACRES OF

LAND LOCATED SOUTHWEST OF THE INTERSECTION OF BEHYMER AVENUE AND

THE SUNNYSIDE AVENUE ALIGNMENT, WITHIN T HE HERITAGE GROVE UR BAN CENTER. GREAT BIGLAN D LP., OWNER; WILSON PREMIER HOMES , INC., APPLICANT; HARBOUR AND ASSOCIATES, REPRESENTATIVE.

Jeff Harris, applicant representative spoke in favor of the project.

Mark Magnus, resident, spoke in support of the project and expressed concern on the proposed annexation.

Rick Andreson, resident, expressed concern on the proposed annexation.

Ben Lynn, resident, expressed concern on the proposed annexation.

Ryan Weaver, resident, expressed concern on traffic and the proposed annexation.

13A - APPROVED - RES. 24 -61, A RESOLUTION (1) CERTI FYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE TM 6 343 PROJECT; (2) ADO PTING CEQA FINDINGS OF FAC T AND A STATEMENT OF OVERRIDING CONSIDERATION; AND (3) ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM.

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

13B - APPROVED – RES. 24 -62, GPA2021 -003, A RES OLUTION APPROVING A

REQUEST TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN FOR THE DEVELOPMENT AREA (APPROXIMATELY 71.54 ACRES) FROM THE MED IUM

DENSITY LAND USE DES IGNATION TO THE MEDI UM HIGH DENSITY LAND USE

DESIGNATION AS PART OF THE SECOND GENERAL PLAN AMENDMENT CYCLE OF 2024.

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

13C - APPROVED INTRODUCTION - ORD. 24 -07, R2021 -006, AN ORDI NANCE

APPROVING A REQUEST TO PREZONE THE PROPE RTIES WITHIN THE ANNEXATION AREA (246 ACRES) FROM THE FRE SNO COUNTY AE -20 ZON E DISTRICT TO THE CLOVIS O, P-F, R-A, R-1, AND R-1-PRD ZONE DISTRICTS.

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

9 AGENDA ITEM NO. 2.

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13D - APPROVED - RES. 24-63, TM6343, A RESOLUTI ON APPROVING A VESTI NG TENTATIVE TRACT MAP FOR A 590 -LOT SINGLE-FAMILY PLANNED RESIDENTIAL DEVELOPMENT.

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

13E - APPROVED - RES. 24 -64, PDP2021 -001, A RES OLUTION APPROVING A PLANNED DEVELOPMENT PERMIT FOR A 590 -LOT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT.

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

13F - APPROVED - RES. 24-65, RO305, A RESOLUTIO N APPROVING APPLICATION

FOR THE ANNEXATION O F THE TERRITORY KNOW N AS THE BEHYMER - SUNNYSIDE SOUTHWEST REORGANIZATION AREA (APPROXIMATELY 246 ACRES)

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

9:29 ITEM 14 – CONSIDER INTRODUCTION - ORD. 24-08, R2024-001, AN ORDINANCE OF

THE CITY COUNCIL APP ROVING AN EXEMPTION FROM FURTHER
ENVIRONMENTAL REVIEW UNDER CEQA GUIDELIN ES SECTION 15183, AN D

APPROVING A REZONE, ADJUSTING THE EXISTING ZONING DESIGNATION FROM THE R-1-7500 (SINGLE FAMILY RESIDENTIAL – 7,500 SQ. FT.) ZON E DISTRICT TO

THE C-P (ADMINISTRATIVE AND PROFESSIONAL OFFICE) ZONE DISTRICT FOR THE PROPERTY LOCATED AT 488 N. ARMSTRONG AVE NUE. DALE AND MARY D E GEODE, OWNER; GMA ENGINEERING, APPLICANT AND REPRESENTATIVE.

Scott Butler, developer, spoke in support of the project.

Adam Stevenson, applicant representative, spoke in support of the project.

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

ADMINISTRATIVE ITEMS – 9:36

9:36 ITEM 15 - CONSIDER ITEMS ASSOCIATED WITH APPROXIMATELY 1.62 ACRES OF

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

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15A - APPROVED - RES. 24-40, A RESOLUTION TO APPROVE AN ENVIRONMENTAL

FINDING OF A MITIGAT ED NEGATIVE DECLARAT ION FOR GENERAL PLAN AMENDMENT 2023 -002 A ND REZONE 2023 -002. (APRIL 15, 2024, VOT E: 4 -1 WITH

COUNCILMEMBER BASGALL VOTING NO)

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

15B - APPROVED - RES. 24 -41, GPA2023 -002, A RES OLUTION TO AMEND THE

GENERAL PLAN AS PART OF THE SECOND GENERAL PLAN AMENDMENT CYCLE OF 2024, RE -DESIGNATING THE SUBJECT PROP ERTY FROM THE LOW DE NSITY 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. (APRIL 15, 2024, VOTE: 3-2 WITH MAYOR ASHBECK AND

COUNCILMEMBER BASGALL VOTING NO)

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

15C- ADOPTED - ORD. 24-01, R2023-002, AN ORDINANCE TO REZONE THE SUBJECT

PROPERTY FROM THE R -A (SINGLE -FAMILY RES IDENTIAL VERY LOW DE NSITY) ZONE DISTRICT TO THE R-3 (MULTIFAMILY HI GH DENSITY RESIDENTI AL) ZONE DISTRICT. (APRIL 15, 2024, VOTE: 3 -2 WITH MAYOR ASHBECK A ND

COUNCILMEMBER BASGALL VOTING NO)

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

CITY MANAGER COMMENTS – 9:41

COUNCIL COMMENTS – 9:41

CLOSED SESSION – 9:47

ITEM 1 6 - GOVERNMENT CODE SECT ION 54956.9(D)(1) CONFERENCE WITH LEG AL COUNSEL – EXISTING LITIGATION CASE NAME: DESIREE MARTINEZ V. CITY OF CLOVIS, ET AL., CASE NO. F082914

ITEM 1 7 - GOVERNMENT CODE SECT ION 54956.9(D)(2) CONFERENCE WITH LEG AL

COUNSEL - ANTICIPATED LITIGATION SIGNIFI CANT EXPOSURE TO LIT IGATION ONE

POTENTIAL CASE

RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION – 10:10

No action taken.
11 AGENDA ITEM NO. 2.

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ADJOURNMENT

Mayor Ashbeck adjourned the meeting of the Council to June 3, 2024

Meeting adjourned: 10:11 p.m.

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

TO: Mayor and City Council
FROM: Police Department
DATE: June 3, 2024
SUBJECT: Administration - Adopt – Ord. 24-04, an Ordinance of the City Council of the City of Clovis Amending Sections 5.22.02 and 5.22.05 of Chapter

5.22, of Title 5 of the Clovis Municipal Code Pertaining to Regulations for the Delivery of Medicinal Marijuana. (Vote: 5-0)

ATTACHMENTS: 1. Ordinance 24-04

RECOMMENDATION
Ordinance 24 -04 was approved for introduction with a provision for a minimum $1,000 Administrative Citation for the first offense on May 13, 2024, with a unanimous vote. It is recommended Council adopt Ordinance 24-04 amending various provisions in Chapter 5.22 of the Clovis Municipal Code to update applicable definitions and add further regulations on medicinal marijuana deliveries within the City consistent with state law pertaining to the delivery of medical marijuana.

EXECUTIVE SUMMARY
The City Council recently adopted Ordinance 23 -12 on January 8, 2024, amending the City’s marijuana ordinance to authorize delivery of medicinal marijuana consistent with Senate Bill (SB) 1186, which became effective on January 1, 2024. When Ordinance 23-12 was introduced, the Council directed staff and the City Attorney’s Office to review and evaluate further code amendments that would allow for additional regulation of medicinal marijuana deliveries consistent with state law. On May 13, 2024 Council introduced Ordinanc e 24 -04 to update applicable definitions and add further regulations on medicinal marijuana deliveries within the City consistent with state law pertaining to the delivery of medical marijuana and require the minimum Administrative Citation be $1,000 per o ffense. It is recommended Council adopt Ordinance 24-04.

13 AGENDA ITEM NO. 3.

BACKGROUND
SB 1186 (also known as the Medicinal Cannabis Patents’ Right of Access Act) added Business and Professions Code section 26322 (effective January 1, 2024), which prohibits local jurisdictions from adopting or enforcing any regulation that prohibits the retail sale by delivery within a local jurisdiction of medicinal marijuana to medicinal marijuana patients. Ordinance 23- 12, adopted on January 8, 2024, removed the City’s previous prohibit ion of all marijuana deliveries, to allow only medicinal marijuana deliveries as required by the new state law. But SB 1186 still authorizes local jurisdictions to impose reasonable regulations on such deliveries, including but not limited to local licens ing requirements and other regulations consistent with state law. (Bus. & Prof. Code § 26322, subd. (b).)

Pursuant to the Council’s previous direction, the attached ordinance amendment includes several enforceable regulations of medicinal marijuana delive ries consistent with state law.

These additional regulations include minimum age requirements for the delivery drivers and the presentation of various documents such as a valid state license, driver identification, logs of the delivery driver’s stops, inventory lists of medical marijuana products being delivered, and a copy of the City’s business tax certificate upon request by law enforcement. Additionally, the amendment adopts the state law requirement that marijuana deliveries may only occur between the hours of 6:00 a.m. and 10:00 p.m. The amendment also provides that a medicinal marijuana business cannot receive a tax certificate from the City without presenting proof of the business’s valid state-issued license to provide medical marijuana. As a ca tch-all, the amendment also prohibits medicinal marijuana deliveries unless the business is in compliance with all local and state laws including but not limited to those under the Business and Professions Code, the Health and Safety Code, and the Californ ia Code of Regulations. Per Council’s approval, the minimum Administrative Citation of $1,000 has been included in Ordinance 24-04.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Adopting this Ordinance amending Clovis Municipal Code sections 5.22.02 and 5.22.05 is necessary to provide the City with additional means of ensuring medicinal marijuana businesses and their deliveries are being conducted in accordance with state law.

ACTIONS FOLLOWING APPROVAL
Ordinance 24-04 will become effective 30 days from adoption.

Prepared by: Matthew M. Lear, Deputy City Attorney

Reviewed by: City Manager AH

14 AGENDA ITEM NO. 3.

ORDINANCE 24-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING SECTIONS 5.22.02 AND 5.22.05 OF CHAPTER 5.22, OF TITLE 5 OF THE CLOVIS

MUNICIPAL CODE PERTAINING TO REGULATIONS FOR THE DELIVERY OF MEDICINAL MARIJUANA.

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

Section 1. Section 5.22.02 of Chapter 5.22, of Title 5 of the Clovis Municipal Code is hereby amended to read as follows:

5.22.02 Definitions.

…

(k) “Delivery” shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision ( r) and shall also include any technological platform that enables persons to arrange or facilitate the transfer of cannabis.

(l) “M -license” shall have the same meaning as subdi vision (ai) of California Business and Professions Code section 26001.

(m) “Medical marijuana or medical marijuana use” means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq. , and as otherwise set forth in paragraph (1) of subdivision (al) of California Business and Professions Code section 26001.

(n) “Medicinal marijuana business” shall have the same meaning as paragra ph (2) of subdivision (b) of California Business and Professions Code section 26321.

(o) “Medicinal marijuana patient” shall have the same meaning as paragraph (3) of subdivision (b) of California Business and Professions Code section 26321.

(p) “Operator” means the business owner and any other person designated by the business owner as responsible for the day-to-day cannabis operations.

(q) “Police Chief” means the Police Chief of the City of Clovis or his or her designee.

(r) “Premises” means the actual building(s), and/or designated units/suites, as well as any accessory structures, parking areas, or other immediate surroundings, and includes the entire parcel of property used in connection with the a commercial cannabis operation.

(s) “Recreational marijuana,” “recreational marijuana use,” or “adult use marijuana” means all uses of cannabis not included within the definition of “medical marijuana use.”

Attachment 1 15
AGENDA ITEM NO. 3.
2 (t) “Responsible party” shall mean the business owner, operator, manager(s), and any employee having significant control over the commercial cannabis operations, and the owner of the property where the commercial cannabis operations are taking place.

Section 2. Section 5.22.05 of Chapter 5.22, of Title 5 of the Clovis Municipal Code is hereby amended to read as follows:

5.22.05 Regulations applicable to commercial cannabis operations, dispensaries, and deliveries.

(a) Commercial cannabis operations . Except as provided in Section 5.22.09, commercial cannabis operations as defined in Section 5.22.02(i) are prohibited within the City.

(b) Dispensaries. Cannabis dispensaries as defined in Section 5.22.02(e) are prohibited within the City.

(1) To and from cannabis testing facilities as permitted by Section 5.22.09, regardless of whether the delivery is initiated within or outside of the City , and regardless of whether a technology platform is used for delivery by the dispensary.

(2) The delivery of Medicinal marijuana to a Medicinal marijuana patient consistent with Section 26322 of the California Business and Professions Code. No Medicinal marijuana business may engage in any delivery of Medical marijuana within the City unless the Medicinal marijuana business is properly licensed by the Department of Cannabis Control and currently in compliance with all applicable local and state laws, including but not limited to Division 19 of Title 4 of the California Code of Regulations, Division 10 of the Business and Professions Code, and Article 2 of Chapter 6, of Division 10 of the Health and Safety Code. All Medicinal marijuana businesses are required to maintain a valid business tax certificate in accordance with Chapter 3.1 of Title 3 of the Clovis Municipal Code. No Medicinal marijuana business may be issued a business tax certificate without presenting the City with proof of a valid state- issued M-license.

i. No individual may deliver Medical marijuana unless the individual is employed by the Medicinal marijuana business lawfully operating in the City as provided in this Chapter. Any individual delivering Medical marijuana shall possess the following documentation during any delivery of Medical marijuana within the City: a copy of the Medicinal marijuana business’s state-issued M-License, a valid government-issued identification card for the individual, documentation identifying the individual as an employee of the Medicinal marijuana business, a copy of the Medicinal marijuana business’s City -issued business tax certificate, a copy of a log documenting the address(es) of all delivery locations and the Medical marijuana products and quantitie s delivered , an 16 AGENDA ITEM NO. 3.
3 inventory ledger of all Medical marijuana products provided to the individual for delivery before beginning the delivery, and a copy of all delivery requests.

Any individual engaged in the delivery of Medical marijuana shall make the aforementioned documents available to state or local law enforcement officers upon request.

ii. All delivery employees of Medicinal marijuana businesses must be at least 21 years of age and possess a valid California driver’s license to deliver Medical marijuana within the City. Only the delivery employee of the Medicinal marijuana business is permitted to be in the delivery vehicle while making deliveries in the City. All deliveries of Medical marijuana within the City shall be made in person, to the physical address of a Medicinal marijuana patient, and are required to be accepted by the Medicinal marijuana patient at the time of delivery. No delivery of any Medical marijuana is permitted to be left unattended outside of a Medicinal marijuana patient’s delivery location.

iii. Medical marijuana shall only be delivered between the hours of 6:00 a.m. and 10:00 p.m., in accordance with section 15403 of Title 4, of the California Code of Regulations. Deliveries outside of the authorized hours are stric tly prohibited.

(d) Exceptions to dispensary ban for certain healthcare facilities. The following facilities providing medical marijuana to patients are not subject to the dispensary ban provided they are in strict compliance with Health and Safety Code Sections 11362.5 and 11362.7, et seq., and all other State and local laws pertaining to the uses, including zoning, permitting, and licensing requirements:

 A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.

 A health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.

 A residential care facility for persons with chronic life-threating illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code.

 A residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code.

 A residential hos pice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.

(e) Violation of any provision under this Section shall be considered a misdemeanor and punishable in accordance with Chapter 1.2 of Title 1, of this Code. Each and every day, or portion thereof, a violation exists is a separate offense. The City may also pursue all applicable 17 AGENDA ITEM NO. 3.
4 civil and administrative remedies, including but not limited to injunctive relief and administrative citations.

(f) Administrative Citations. Notwithstanding any other provision of this Code, any individual or Responsible Party found in violation of any provision of this Section shall be personally liable for an administrative fine of one thousand dollars ($1,000.00) per occurrence.

Section 3. This Ordinance shall go into effect and be in full force after thirty (30) days from its final passage and adoption.

APPROVED:

______________________________ ______________________________ Mayor City Clerk

* * * * * * * * * *

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

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

________________________________
City Clerk

18 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: Administration
DATE: June 3, 2024
SUBJECT: Administration - Adopt - Ord. 24-07, R2021-006, An Ordinance approving a request to prezone the properties within the annexation area (246 acres) from the Fresno County AE-20 Zone District to the Clovis O, P-F, R-A, R-1, and R -1-PRD Zone Districts , associated with approximately 246 acres of land located southwest of the intersection of Behymer Avenue and the Sunnyside Avenue alignment, within the Heritage Grove Urban Center. (Vote: 5-0)

ATTACHMENTS: None.

This item was approved for introduction on May 20, 2024, with a unanimous vote.

Please direct questions to the City Manager’s office at 559-324-2060.

19 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: Administration
DATE: June 3, 2024
SUBJECT: Administration - Adopt - Ord. 24-08, R2024-001, An ordinance of the City Council approving an exemption from further environmental review under CEQA Guidelines Section 15183, and approving a rezone, adjusting the existing zoning designation from the R -1-7500 (Single Family Residential – 7,500 sq. ft.) Zone District to the C-P (Administrative and Professional Office) Zone District for the property located at 488 N.

Armstrong Avenue. Dale and Mary De Geode, owner; GMA Engineering, applicant and representative. (Vote: 5-0)

ATTACHMENTS: None.

This item was approved for introduction on May 20, 2024, with a unanimous vote.

Please direct questions to the City Manager’s office at 559-324-2060.

20 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Administration
DATE: June 3, 2024
SUBJECT: Administration - Approval – Request from California Classic to Hold a 5K Event on November 28, 2024 in Old Town Clovis.

ATTACHMENTS: 1. Map of Street Closure

2. Letter to Neighbors

RECOMMENDATION
That the City Council approve the request from California Classic Events to Hold a 5K Event on November 28, 2024 in Old Town Clovis.

EXECUTIVE SUMMARY
Staff requests street closure on November 28, 2024, for a 5K event organized by California Classic Events.

BACKGROUND
California Classic Events requested a street closure in the attached diagram (Attachment 1) on November 28, 2024, for the Turkey Day Run. The boundaries and time of street closure has been reviewed by staff members from each department.

On May 8, 2024, a letter was sent to neighboring residents, business operators, and property owners (Attachment 2), soliciting comments/concerns regarding the subject street closure requests. Staff has received no comments or concerns on these events.

FISCAL IMPACT
The City of Clovis is positively impacted by the proposed event. Local businesses benefit from large numbers of people visiting their neighborhood and the City of Clovis benefits from the increased tax revenue.

21 AGENDA ITEM NO. 6.

The promoters of this event will bear the cost of additional City services and any other additional services.

REASON FOR RECOMMENDATION
In previous years, more than 300,000 people have attended the various events held in Clovis annually, many of whom have returned to Clovis to patronize local businesses. This event will benefit the City’s economic development efforts.

ACTIONS FOLLOWING APPROVAL

1. Staff will notify California Classic Events of Council’s decision; and

2. Staff will work with California Classic Events to ensure that the sponsors provide security and cleanup of the events.

Prepared by: Shawn Miller, Business Development Manager

Reviewed by: City Manager AH

22 AGENDA ITEM NO. 6.

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P
P
P
P
P
P
P
W2
0 -
3 W2
0 -
3 W2
0 -
3 W2
0 -
3 W2
0 -
3 W2
0 -
3 W2
0 -
3 W2
0 -
3 S
C
5 (
C
A
)
R
3 -
2 R
3 -
1 R
1 1
-
2 S
C
5 (
C
A
)
S
C
5 (
C
A
)
W2
0 -
3 S
C
5 (
C
A
)
M
a
nif
e
s
t
4 2
x
T
yp
e
II B
a
r
r
i
ca
d
e
3 4
x
R
o
a
d
C
l
o
se
d
2 8
x
W2
0 -
3 : R
o
a
d
C
l
o
se
d

A
h
e
a
d
1 0
x
S
C
5 (
C
A
)
: S
p
e
ci
a
l
E
ve
n
t
A
h
e
a
d
4 x
R
1 1
-
2 : R
o
a
d
C
l
o
se
d
1 x
R
3 -
1 : N
o
R
i
g
h
t
Tu
r
n
(
S
ym
b
o
l
)
1 x
R
3 -
2 : N
o
L
e
ft
Tu
r
n
(
S
ym
b
o
l
)
1 x
R
3 -
5 R
: R
i
g
h
t
Tu
r
n
On
l
y (
S
ym
b
o
l
)
Le
ge
nd
P
=
N
o
P
a
r
ki
n
g
=
R
o
a
d
C
l
o
se
d
=
B
a
r
r
i
ca
d
e
=
E
ve
n
t R
o
u
te
S
e
e
S
he
e
t
2 , B
ulla
r
d
A
v
e
P
P
P
P
P
P
P
P
S
C
5 (
C
A
)
S
C
5 (
C
A
)
W2
0 -
3 P
W2
0 -
3 P
P
P
N
ot
e
s
:
1 .

A
ll D
r
iv
e
wa
y
s
will be
c
los
e
d a
long t
he
e
v
e
nt
r
out
e
inc
luding one
s
N
OT s
hown
2 .
"
N
O P
A
R
K
IN
G"
s
igns
pla
c
e
d a
long t
he
e
v
e
nt
r
out
e
a
nd be
t
we
e
n a
ll t
he
s
t
r
e
e
t
c
los
ur
e
=
"
N
o P
a
r
k
ing"
S
igna
ge
t
o be
pla
c
e
d
2 4
hour
s
in a
dv
a
nc
e
of
wor
k
a
nd pla
c
e
d
a
t
inc
r
e
m
e
nt
s
no gr
e
a
t
e
r
t
ha
n 1
5 0
f
e
e
t
a
pa
r
t
.

P
R
3 -
5 R
R
1 1
-
2 W2
0 -
3 S
C
5 (
C
A
)
W2
0 -
3 W2
0 -
3 S
C
5 (
C
A
)
w
w
w
.i
n
va
r
i
o
n
.co
m
Attachment 1
23 AGENDA ITEM NO. 6.

B
ulla
r
d
(
3 0

M
P
H
)
H
a
r
v
a
r
d Av
e
B
ulla
r
d
(
3 0

M
P
H
)
5 t
h
S
t

(
2 5

M
P
H
)
D
e
W
it
t

A
v
e
D
e
W
it
t

A
v
e
P
P
P
P
P
P
P
P
Ox
f
or
d
H
a
r
v
a
r
d
N
o
t
T
o
S
ca
l
e
N
C
a
lif
or
nia

C
la
s
s
ic

W
e
e
k
e
nd
S
pe
c
ia
l
E
v
e
nt
2 0
2 4

T
ur
k
e
y

R
un
C
it
y

C
lov
is
S
he
e
t

2 of

2 S
C
5 (
C
A
)
1 0
0 ft
R
1 1
-
2 W2
0 -
3 W2
0 -
3 S
C
5 (
C
A
)
2 5
0 ft
2 5
0 ft
2 5
0 ft
R
1 1
-
2 W2
0 -
3 2
5 0
ft
M
a
nif
e
s
t
2 x
R
1 1
-
2 : R
o
a
d
C
l
o
se
d
8 x
R
o
a
d
C
l
o
se
d
2 x
S
C
5 (
C
A
)
: S
p
e
ci
a
l
E
ve
n
t
A
h
e
a
d
5 x
T
yp
e
II B
a
r
r
i
ca
d
e
3 x
W2
0 -
3 : R
o
a
d
C
l
o
se
d

A
h
e
a
d
Le
ge
nd
D
W
=
D
r
i
ve
w
a
y
A
p
p
r
o
a
ch
P
=
N
o
P
a
r
ki
n
g
=
R
o
a
d
C
l
o
se
d
=
S
i
g
n
a
l
i
ze
d
i
n
te
r
se
cti
o
n
=
B
a
r
r
i
ca
d
e
=
E
ve
n
t R
o
u
te
1 da
y
C
a
lif
or
nia

C
la
s
s
ic

W
e
e
k
e
nd
E
v
e
nt
W
OR
K
IN
G
D
A
Y
S
P
E
R
M
IT
#

_
_
_
_
P
R
OJ
.
#
W
OR
K

H
OU
R
S
:

T
OT
A
L

D
A
Y
S
:

E
N
D

D
A
TE
:

S
T
A
R
T
D
A
TE
:
7 a
m

9 :
3 0
a
m
1 1
/2
1 /2
0 2
4 1
1 /2
1 /2
0 2
4 R
E
S
P
ON
S
IB
LE

P
A
R
TY
(
C
ON
TR
A
C
T
OR
)
:

ON
S
ITE

C
ON
T
A
C
T
:

P
H
ON
E

N
U
M
B
E
R
:

M
ik
e

H
e
r
m
a
n
5 5
9 -
2 8
9 -
8 4
4 4
1 of

1 P
A
GE

#
.

P
H
A
S
E

#
.
2 of

2 D
a
t
e
:

D
r
a
wn
B
y
:

A
OL

J
ob:
5 /3
/2
0 2
4 C
hr
is
t
ine
0 1
7 4
1 9
D
A
IL
Y
A
LE
R
T
-
O-
LITE
P
h:

(
5 5
9 )

2 6
5 -
4 5
5 0

F
A
X
:

(
5 5
9 )

2 6
5 -
4 5
4 9
(
C
i
r
cl
e
o
n
e
)
S
E
T
-
U
P

B
Y
:

A
le
r
t
-
O-
Lit
e
2 0
2 4

T
ur
k
e
y

R
un
N
ot
e
s
:
1 . A
ll
D
r
iv
e
wa
y
s

will
be

c
los
e
d
a
long
t
he

e
v
e
nt

r
out
e

inc
luding
one
s

N
OT
s
hown
2 .
"
N
O
P
A
R
K
IN
G"

s
igns

pla
c
e
d
a
long
t
he

e
v
e
nt

r
out
e

a
nd
be
t
we
e
n
a
ll
t
he

s
t
r
e
e
t

c
los
ur
e

"
N
o
P
a
r
k
ing"

S
igna
ge

t
o
be

pla
c
e
d

2 4

hour
s

in
a
dv
a
nc
e

wor
k

a
nd
pla
c
e
d

a
t

inc
r
e
m
e
nt
s

no
gr
e
a
t
e
r

t
ha
n
1 5
0 f
e
e
t

a
pa
r
t
.

P
C
i
ty o
f C
l
o
vi
s N
o
te
s:
1 .

A
l
l
tr
a
f
fi
c co
n
tr
o
l
sh
a
l
l
co
n
fo
r
m
to
th
e
l
a
te
st e
d
i
ti
o
n
o
f th
e
C
A
M
U
TC
D
.
2 . B
u
s sto
p
s a
n
d
d
r
i
ve
w
a
ys sh
a
l
l
h
a
ve
a
cce
ss a
t a
l
l
ti
m
e
s.
3 .

A
cce
ss fo
r
Fi
r
e
S
ta
ti
o
n
s sh
a
l
l
b
e
p
r
o
vi
d
e
d
a
t a
l
l
ti
m
e
s.
4 . N
o
m
o
r
e
th
a
t 1
p
h
a
se
o
f th
i
s p
l
a
n
sh
a
l
l
b
e
i
m
p
l
e
m
e
n
te
d
a
t
a
n
y ti
m
e
.
5 . C
i
ty o
f C
l
o
vi
s
T
r
a
f
fi
c E
n
g
i
n
e
e
r
r
e
se
r
ve
s th
e
r
i
g
h
t to
m
a
ke
ch
a
n
g
e
s to
th
i
s p
l
a
n
b
a
se
d
o
n
fi
e
l
d
co
n
d
i
ti
o
n
s.
6 .

A 4
8 h
o
u
r
s n
o
ti
ce
to
b
u
si
n
e
sse
s a
n
d
r
e
si
d
e
n
ts i
s r
e
q
u
i
r
e
d
p
r
i
o
r
to
i
m
p
l
e
m
e
n
ta
ti
o
n
o
f th
i
s p
l
a
n
.
7 . N
o
P
a
r
ki
n
g
S
i
g
n
s sh
a
l
l
b
e
d
e
p
l
o
ye
d
2 4
h
r
s i
n
a
d
va
n
ce
.
8 .

A
l
l
C
M
S
to
b
e
p
l
a
ce
d
7 -
1 0
ca
l
e
n
d
a
r
d
a
ys p
r
i
o
r
to
co
n
str
u
cti
o
n
.

T
A
B
LE

6 C
-
1 (
S
ugge
s
t
e
d A
dv
a
nc
e

Wa
r
ning
S
ign
S
pa
c
ing
(
2 0
1 4

C
A
M
U
TC
D
)
)
A
D
V
A
N
C
E
W
A
R
N
IN
G S
IGN
S
P
A
C
IN
G
U
R
B
A
N
-
2 5
m
p
h
OR
L
E
S
S
U
R
B
A
N
-
M
OR
E

TH
A
N
2 5
m
p
h

T
O 4
0 m
p
h
U
R
B
A
N
-
M
OR
E

TH
A
N
4 0
m
p
h
R
U
R
A
L
E
X
P
R
E
S
S
W
A
Y
/ FR
E
E
W
A
Y

A B
C

*
*
R
OA
D

TY
P
E
D
IS
T
A
N
C
E
B
E
TWE
E
N
S
IGN
S

1 0
0 fe
e
t
2 5
0 fe
e
t
3 5
0 fe
e
t
5 0
0 fe
e
t
1 ,0
0 0
fe
e
t
1 0
0 fe
e
t
2 5
0 fe
e
t
3 5
0 fe
e
t
5 0
0 fe
e
t
1 ,5
0 0
fe
e
t
1 0
0 fe
e
t
2 5
0 fe
e
t
3 5
0 fe
e
t
5 0
0 fe
e
t
2 ,6
4 0
fe
e
t
*
*
*
*
*
*
*
*
*
(
T
a
pe
r

Le
ngt
h
C
r
it
e
r
ia

a
nd
C
ha
nne
lizing
S
pa
c
ing
(
2 0
1 4

C
A
M
U
TC
D
)
)
2 0
2 5
3 0
3 5
4 0
4 5
5 0
5 5
6 0
6 5
7 0
M
IN
IM
U
M

T
A
P
E
R
L
E
N
GTH
FOR
WID
TH

OF OFFS
E
T
1 2
FT
(
W)
S
P
E
E
D
(
M
P
H
)
(
L
)
M
E
R
GIN
G
T
A
P
E
R
(
FT)
(
L
/2
)
S
H
IFTIN
G
(
FT)
(
D
)
B
U
FFE
R
S
P
A
C
E
(
FT)
8 0
1 2
5 1
8 0
2 4
5 3
2 0
5 4
0 6
0 0
6 6
0 7
2 0
7 8
0 8
4 0
4 0
6 3
9 0
1 2
3 1
6 0
2 7
0 3
0 0
3 3
0 3
6 0
3 9
0 4
2 0
2 7
4 2
6 0
8 2
1 0
7 1
8 0
2 0
0 2
2 0
2 4
0 2
6 0
2 8
0 1
0 0
1 0
0 1
0 0
1 0
0 1
0 0
1 0
0 1
0 0
1 0
0 1
0 0
1 0
0 1
0 0
1 1
5 1
5 5
2 0
0 2
5 0
3 0
5 3
6 0
4 2
5 4
9 5
5 7
0 6
4 5
8 2
0 D
e
l
i
n
e
a
to
r
o
r
C
o
n
e
S
p
a
ci
n
g
1 0
1 2
1 5
1 7
2 0
2 2
2 5
2 5
2 5
2 5
2 5
(
L
/3
)
S
H
OU
L
D
E
R
(
FT)
D
OWN
S
TR
E
A
M
(
FT)
N
OTE
S
:
1 .

A
l
l

T
e
m
p
o
r
a
r
y
T
r
a
f
fi
c C
o
n
tr
o
l
sh
a
l
l
b
e
p
e
r
fo
r
m
e
d
i
n
co
n
fo
r
m
a
n
ce
to
th
e
l
a
te
st e
d
i
ti
o
n
s o
f C
A
M
U
TC
D
.
2 .

Th
e
D
i
sta
n
ce
a
r
e
a
p
p
r
o
xi
m
a
te
, a
r
e
i
n
te
n
d
e
d
fo
r
g
u
i
d
a
n
ce
p
u
r
p
o
se
s
o
n
l
y
, a
n
d
sh
o
u
l
d
b
e
a
p
p
l
i
e
d
w
i
th
e
n
g
i
n
e
e
r
i
n
g
j
u
d
g
m
e
n
t.

Th
e
se
d
i
sta
n
ce
sh
o
u
l
d
b
e
a
d
j
u
ste
d
b
y th
e
E
n
g
i
n
e
e
r
fo
r
fi
e
l
d
co
n
d
i
ti
o
n
s, i
f n
e
ce
ssa
r
y
, b
y
i
n
cr
e
a
si
n
g
o
r
d
e
cr
e
a
si
n
g
th
e
r
e
co
m
m
e
n
d
e
d
d
i
sta
n
ce
s.

Th
e
co
l
u
m
n
h
e
a
d
i
n
g
s
A
, B
, C
a
r
e
th
e
d
i
m
e
n
si
o
n
s sh
o
w
n
i
n
Fi
g
u
r
e
s 6
H
-
1 th
r
o
u
g
h
6 H
-
4 6
.

Th
e

A d
i
m
e
n
si
o
n
i
s th
e
d
i
sta
n
ce
fr
o
m
th
e
tr
a
n
si
ti
o
n
o
r
r
e
str
i
cti
o
n
to
th
e
fi
r
st si
g
n
.

Th
e
B
d
i
m
e
n
si
o
n
i
s th
e
d
i
sta
n
ce
b
e
tw
e
e
n
th
e
fi
r
st a
n
d
se
co
n
d
si
g
n
s.

Th
e
C
d
i
m
e
n
si
o
n
i
s th
e
d
i
sta
n
ce
b
e
tw
e
e
n
th
e
se
co
n
d
a
n
d
th
e
th
i
r
d
si
g
n
s. (
Th
e
"fi
r
st si
g
n
" i
s th
e
si
g
n
i
n
a
th
r
e
e
-
si
g
n
se
r
i
e
s th
a
t i
s cl
o
se
st to
th
e

TTC
zo
n
e
.

Th
e
" th
i
r
d
si
g
n
" i
s th
e
si
g
n
th
a
t i
s
fu
r
th
e
st u
p
str
e
a
m
fr
o
m
th
e

TTC
zo
n
e
.)
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24 AGENDA ITEM NO. 6.

Attachment 2
25 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: General Services Department
DATE: June 3, 2024
SUBJECT: General Services – Approval – Res. 24 -___, Authorizing the City Manager to Execute the Fresno Council of Governments (FCOG) Agreement for the Demand Response Wheelchair Accessible Service – Access for All Program 2023.

ATTACHMENTS: 1. Resolution 24-___

RECOMMENDATION
For the City Council to approve a resolution authorizing the City Manager to execute the Fresno Council of Governments (FCOG) Agreement for the Demand Response Wheelchair Accessible Service – Access for All Program 2023.

EXECUTIVE SUMMARY
The Fresno Council of Governments (FCOG) is a Regional Transportation Planning Agency and a Metropolitan Planning Organization (MPO) pursuant to State and Federal designation. FCOG serves as the Local Access Fund Administrator for the Transportation Network Company (TNC) Access for All Program by administering a funding program for local Access Providers for on - demand and demand response wheelchair accessible vehicle (WAV) transportation services.

The City of Clovis has been selected as one (1) of the award ees for the FCOG Access for All Program 2023. This award will partially fund the purchase of one (1) ProMaster van for Clovis Transit to continue provid ing passengers in the city and surrounding communities with wheelchair accessible services.

FCOG requir es the execution of the Access for All Agreement by City Staff to finalize the agreement and award the funds. The resolution will designate the City Manager as the designated staff person to execute the FCOG Agreement and additional forms. This grant will provide the City with $91,916 towards the purchase of one (1) ProMaster van. 26 AGENDA ITEM NO. 7.

BACKGROUND
In 2018, Senate Bill 1376 designated the California Public Utilities Commission (CPUC) as the administrative agency for the Access for All Program which funds projec ts that incentivize on - demand transportation service for people with disabilities statewide. The Fresno Council of Governments (FCOG) is a Regional Transportation Planning Agency and a Metropolitan Planning Organization (MPO) pursuant to State and Federal designation. FCOG serves as the Local Access Fund Administrator for the Transportation Network Company (TNC) Access for All Program by administering a funding program for local Access Providers for on -demand and demand response wheelchair accessible vehicle (WAV) transportation services.

In June 2023, the Fresno Council of Governments (FCOG) issued a call for projects for the Access for All Program and the City of Clovis submitted a proposal. The City has been selected as one (1) of the awardees for this funding. The grant will partially fund the purchase of a ProMaster van to continue to provide wheelchair accessible transportation services in Fresno County. Passengers that currently ride Clovis Transit will h ave an additional vehicle available with wheelchair accessibility. The FCOG Access for All Program will provide $91,916 towards the purchase of one (1) ProMaster van.

The agreement specifies the services the accessible vehicle will provide, the r eporting and financial requirements. The resolution grants the City Manager the authority to execute the agreement and additional required documents for the FCOG Access for All Program 2023. It is anticipated the purchase of the ProMaster van will be conducted in the fiscal year 2024-25.

FISCAL IMPACT
This will provide revenue for fiscal year 2024-25 for transit vehicles.

REASON FOR RECOMMENDATION
The execution of the agreement with exhibits and applicable forms is required by the Fresno Council of Governments (FCOG).

ACTIONS FOLLOWING APPROVAL
Staff will submit the Fresno Council of Governments (FCOG) Agreement to the City Manager for execution. The executed agreement will be forwarded by Staff to FCOG.

Prepared by: Susanna Herrera, Management Analyst

Reviewed by: City Manager AH

27 AGENDA ITEM NO. 7.

ATTACHMENT 1

RESOLUTION 24-

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

CITY MANAGER TO EXECUTE THE AGREEMENT FOR THE DEMAND RESPONSE

WHEELCHAIR ACCESSIBLE VEHICLE SERVICE - ACCESS FOR ALL PROGRAM

THROUGH THE FRESNO COUNCIL OF GOVERNMENTS

WHEREAS, Fresno Council of Governments (FCOG) is a Regional Transportation Planning Agency and a Metropolitan Planning Organization (MPO) pursuant to State and Federal designation; and

WHEREAS, Senate Bill 1376 (2018) designated the California Public Utilities Commission (CPUC) as the administrative agency for the Access for All Program; and

WHEREAS, FCOG serves as the Local Access Fund Administrator for the Transportation Network Company Access for All Program to administer a funding program for loca l Access Providers for on -demand and demand response wheelchair accessible vehicle (WAV) transportation services; and

WHEREAS, FCOG has approved the City of Clovis Access for All 2023 Program Application; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clovis hereby authorizes the City Manager to execute the Agreement for the FCOG Demand Response Wheelchair Accessible Vehicle Service – Access for All Program 2023 (Attachment A) including exhibits and applicable forms.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 3, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: June 3, 2024

______________________________ ______________________________ Mayor City Clerk

28 AGENDA ITEM NO. 7.

FRESNO COG APPLICATION

CITY OF CLOVIS
Access for All Program 2023
Attachment A-A 29
AGENDA ITEM NO. 7.
1 Fresno Council of Governments
Access for All Program Application
2023

Applicant/Project Information:

Project Contact Name: Amy Hance
Phone: (559) 324-2769
E-mail Address: [email protected]
Project Title: Clovis Transit Round Up Service Expansion

Application Questions:

1. Please describe your proposed project. (10 points)

The City of Clovis through the Clovis Transit Division provides public transportation services to Fresno County residents residing in Clovis and adjacent cities. Clovis Transit offers fixed-route (Stageline) and paratransit services (Round Up) to the community free of charge ( See Attachments 1 and 2 for Service M aps). Clovis Round U p provides demand-responsive, curb- to-curb, and door -to-door transportation service for disabled residents within the City's borders, and into Fresno to West Avenue to the west, Kings Canyon to the south, Locan Avenue to the east, and Shepherd Avenue to the north.

Round Up service operates Monday through Friday, 6:00 am to 7:00 pm, and weekends from 7:30 am to 3:30 pm. Service to Fresno is available Monday through Friday, 6:00 am to 5:00 pm, and in a limited capacity on Saturday in accordance with the ADA ’ three quarter mile rule. Reservations can be made up to fourteen (14) days in advance or on the same day based on vehicle availability.

All vehicles used for fixed- route (Stageline) and paratransit services (Round U p), are wheelchair accessible. The Clovis Transit fleet consist s of forty -three (43) vehicles; however, only twenty-nine (29) vehicles are designated for Round Up Services. Current software technology allows passengers to submit a request for same-day service and the request may be scheduled based on vehicle availability. The more vehicles that are able to be in service, the shorter the wait times for passengers to be transported to their destinations. Clovis Transit is seeking the support of the Fresno Council of Governments’ Access for All Grant to fund the purchase of an additional wheelchair-accessible vehicle (WAV) to support paratransit service. The additional vehicle will add to the availability of vehicles which will allow more same-day service and shorter wait times for passengers.

The FCOG Access for All grant funds of $183,832 will supply the necessary capital to purchase a Promaster Minibus vehicle, which has the capacity to transport a total of nine (9) passengers, with two (2) wheelchair -accessible positions. This additional vehicle will support Round Up services by increasing the number of vehicles and seats available, as 30 AGENDA ITEM NO. 7.
2 well as, improving wait times for passengers to travel throughout Fresno County . This vehicle will be able to transport more passengers traveling to similar or proximity destinations, reducing the amount of wait times, and increasing transported passengers.

2. What type of WAV-related expenses are you requesting for this project (refer to Appendix A: Eligible WAV Expenses for a list of eligible expenses)? A template can be downloaded here. (10 points)

The City of Clovis is requesting a total of $183,832 for the purchase of a WAV Promaster Minibus. It is estimated the WAV will cost approximately $164,000, plus there will be additional vehicle costs for a total of $19,832, which are included in Chart 1.

CHART 1:

Item Cost
Fuel and Maintenance* $120,000*
Cameras $3,000
Ceramic Window Tint $2,000
Cooks Radio $1,000
Bus Wrapping $1,622
Tablet $1,000
Driveroo Software** $1,200**

Attached is the project expense form (Attachment 3) displaying the list of expenses listed by category.

*Fuel and Maintenance cost for a year is approximately $12,000. The vehicle has a useful life of 10 years; therefore, the total cost of fuel and maintenance is $120,000 ($12,000 X 10 years).

**Software cost per year is $120. The vehicle has a useful life of 10 years; thus, the total software cost is $1,200 ($120 x 10 years).

The FCOG All Access grant will fund the first year of maintenance and fuel for $11,090 and the Driveroo Software for $120. The remaining years of the Driveroo software and the fuel and maintenance will be funded in-kind by the City of Clovis through Transportation Development Act State Transit Assistance funding. This results in a 37% funding match for this project.

31 AGENDA ITEM NO. 7.
3 3. How will your program improve wheelchair-accessible vehicle availability within Fresno County? Provide an estimate of hourly number of available WAVs compared to current availability. (10 points)

The purchase of an additional vehicle for Clovis Round Up will increase the availability of wheelchair-accessible vehicles throughout Fresno County by adding a designated vehicle to the existing fleet. The City of Clovis makes every effort to provide the n ecessary vehicles to deliver exceptional service to Fresno County residents. In December 2022 (See Attachment 4) , Round Up had a weekly average of 17 vehicles available for paratransit services. An additional vehicle would provide one more vehicle to its fleet guaranteeing a minimum of 18 vehicles, readily available to provide service throughout Fresno County.

4. How will your program improve response times for wheelchair accessible vehicle service compared to the previous year and/or status quo in Fresno County? (10 points)

During 2022, Round Up service in Fresno County was operated utilizing a diverse fleet.

When Round Up has operated 16 vehicles in service, the average wait time for pick up is

24.53 minutes. During time periods when vehicles in service increased to 20 vehicles, wait times drastically decreased to 10.16 minutes. It is clear, based on the data gathered through our paratransit software , that additional vehicles in service provide a drastic decrease in wait times for passengers in Fresno County. Based on that data, we can provide an educated estimate of the positive impact the additional vehicle, funded through the FCOG Access All grant, would provide to the community. The response times for the Round Up (WAV) service would improve by 3.6 minutes with one additional vehicle in its fleet. The City of Clovis will be able to provide quicker response times and essential transportation to the vulnerable populations in Fresno County.

5. What is the estimated project start date? (1 point)

If the City of Clovis is awarded the Access for All Grant, the vehicle will be purchase d shortly after the agreement is signed and processed. The project start date is slated for October 1, 2023.

6. What is the estimated project end date? (1 point)

Delivery of vehicles is taking longer due to supply chain issues; therefore, the vehicle would be expected to arrive approximately 9 to 12 months after the order date. A tentative project end date of June 30, 2025 is anticipated which will allow for ridership impact examinations. This additional vehicle will support and improve transportation for paratransit services. Therefore, the City of Clovis will closely monitor the positive impacts and if feasible, continue to apply for additional grant opportunities available through the Fresno Council of Governments’ Access for All.

32 AGENDA ITEM NO. 7.
4 7. How many wheelchair accessible vehicles will you have in operation in Fresno County from July 1, 2023 to June 30, 2024? (1 point)

The Clovis Transit fleet has 42 WAVs, which are expected to be in operation in Fresno County from July 1, 2023 to June 30, 2024. Clovis Transit will utilize the Access for All Grant to purchase one (1) Promaster Minibus vehicle as soon as the contract is finalized.

However, due to supply issues the delivery of vehicles continues to face delays. The delivery is estimated to take 9 to 12 months. If the vehicle is delivered in 12 months, this vehicle will be part of the fleet in October 2024. Once the vehicle is incorporated into the fleet, data will be gathered to determine the ridership impact of this additional vehicle.

8. What efforts will you take to publicize and promote available wheelchair accessible vehicle services to disability communities? Please provide an outline of outreach efforts to publicize and promote available wheelchair-accessible vehicle services to disability communities. These may include a list of partners from disability communities, how the partnership(s) will promote wheelchair accessible vehicle services, and/or marketing and promotional materials. (3 points)

The City of Clovis will publicize and promote the wheelchair -accessible vehicle (WAV) services through several activities including community meetings, promotional materials, and online marketing.

Community Meetings will entail outreach to various community partners throughout Fresno County to apprise them of the increased service levels available to Fresno County residents. Meetings will be scheduled with the following community partners:

Central Valley Regional Center
Fresno County Department of Social Services
Clovis Adult School
Clovis Unified School District – Family Resource Center EPU Children’s Center
Social Services Transportation Advisory Committee

Promotional Materials will include the following:

Bus Stop Postings
Senior Center Newsletter - Story Release
Community Members - Flyer Distribution
Interior Vehicle Postings/Displays

Online Marketing of increased service will include:

Clovis Transit Website Posting
Clovis Transit Facebook Posting
City of Clovis Instagram Notification
33 AGENDA ITEM NO. 7.
5 Electronic Notifications to Existing Users
Access for All – Round Up Service Video

9. Please complete the Access for All Safety Protocol Declaration Form in Appendix B. (1 point)

The City of Clovis has completed the Access for All Safety Protocol Declaration Form, see completed form under Attachment 5.

10. What WAV driver training program(s) do you use? How many WAV drivers completed a WAV driver training program during the 2022 calendar year? A template can be downloaded here. (2 points)

The City of Clovis utilizes the Clovis Transit Training program which consists of new employee training and continuous training. The New Driver Training Program consists of 144 hours of classroom and behind- the-wheel instruction. The program covers topics such as vehicle inspections, defensive driving, ADA laws, wheelchair ramps/lifts, and wheelchair securements. All new drivers complete this program prior to operating any Clovis Transit vehicle.

Clovis’ training program also requires monthly continuous training. Each month drivers attend one- hour training sessions on various topics, consisting of vehicle inspections, defensive driving, ADA laws, wheelchair ramps/lifts, and wheelchair securements. The 12 hours of training exceeds the requirements for drivers to maintain their Verification of Transit Training (VTT) Certificate and General Public Paratransit Vehicle (GPPV) Certification.

See Attachment 6 for the completed training by quarter.

11. Please provide the number of complaints received related to WAV drivers or WAV services during the 2022 calendar year, categorized as follows: securement issue, driving training, vehicle safety and comfort, service animal issue, stranded passenger, and other. A template can be downloaded here. (2 points)

The City of Clovis has included the Complaint Form as Attachment 7 with the reported complaints received by the agency for the 2022 calendar year. Complaints are detailed by quarter.
34 AGENDA ITEM NO. 7.
6 12
. Please list estimated income, by source, that you plan to use for this program categorized by: passenger revenue; other revenue; and total grants, donations, and subsidy from other agency funds. A template can be downloaded here. (2 points)
T
he estimated income sources are listed below in Chart 2. Income for this project will stem from grants and in- kind contributions by the City of Clovis. The FCOG All Access Grant would provide $183,832 for this project. Those funds would fund 63% of the project which is necessary to purchase one (1) wheelchair-accessible minibus that provides additional paratransit services in Fresno County. The remainder 37% of the project would be funded through in-kind contributions by the City of Clovis. $109, 990 of STA Funds would be utilized to provide the necessary fuel and maintenance required to keep the vehicle in service for ten years.

CHART 2:

SOURCE ESTIMATED
AMOUNT
NOTES
Passenger Revenue $0 Zero-Fare Model
Other Revenue $0 None
Total Grants $183,832 FCOG All Access Grant
Total Donations $0 None
In-Kind Contributions $109,990 City of Clovis – STA Funds Other Agency Funds $0 None
Total Project Funds: $293,822

13. P
lease list estimated expenses for this program categorized by: wages, salaries, and benefits; maintenance and repair; fuels; casualty and liability insurance; administrative and general expenses; other expenses; contract services. (2 points)
P
lease provide the following information for the last four quarters (Q1 = Jan 1 - March 30, 2022, Q2 = April 1 - June 30, 2022, Q3 = July 1 - Sept 30, 2022, Q4 = Oct 1 - Dec 31, 2022). If this information is unavailable or not applicable, please explain why it is unavailable or not applicable. If the information is unavailable, points may be awarded for an explanation.

E
stimated expenses for this program are categorized in Chart 3 below. 35 AGENDA ITEM NO. 7.
7 CHART 3:

CATEGORY ESTIMATED EXPENSES
Wages/Salaries $0
Benefits $0
Liability Insurance $0
Administrative/General $0
Capital $183,832
Fuel, Maintenance & Repair $120,000
Contract Services $1,200
I
nformation provided for the expenses listed is not available for 2022 since this program is new. Expenses have been estimated based on existing operational vehicles for the City of Clovis’ Round Up service. The expenses for this project do not include wages/salaries, benefits, liability insurance, or administrative/general expenses because the additional Promaster Minibus will be incorporated into the existing fleet and does not require the hiring of additional staff and existing drivers will be able to operate this vehicle during their current schedul es. In addition, the City of Clovis is self -insured; therefore, liability insurance will not be impacted. The only categories affected by this project are capital, fuel, maintenance and repair, and contract services (software).

14. N
umber of wheelchair accessible vehicles in operation – by quarter and aggregated by hour of the day and day of the week. A template can be downloaded here. (2 points)
T
he number of wheelchair-accessible vehicles in operation is detailed in Attachment 8 by quarter. For Quarters 1 and 2 of 2022, the City of Clovis utilized a different software system, which was not capable of aggregating the data by hour or day of the week. In August 2022, new software was installed, and data is now being gathered by hour, day, and quarter. To simplify this report, data has been displayed by quarter.

15. N
umber and percentage of wheelchair accessible trips completed, not accepted, canceled by passenger, canceled due to passenger no-show, and canceled by driver - by quarter and aggregated by hour of the day and day of the week. A template can be downloaded here. (2 points) • Percent of completed WAV trip requests shall be calculated as the total number of completed WAV trips divided by the total number of WAV requests as follows:
• A
pplicants should also report its WAV operating hours when submitting percent of completed WAV trip requests.
36 AGENDA ITEM NO. 7.
8 %
completed WAV trip requests = total completed trips / total trip requests Cl
ovis Transit’s paratransit service, Round Up, operates Monday through Friday from 6 am to 7 pm and Saturday through Sunday from 7:30 am to 3:30 pm. The City’s prior paratransit software collected data on trips for Quarters 1 and 2 of 2022; however, data is not accessible to the micro level of detail required by this grant. Therefore, the totals for hourly, weekly, and quarterly for Quarters 1 and 2 of 2022 are not listed. However, the new software installed in August of 2022, has the capability to report numerous and specific details regarding the Round Up service. See Attachment 9 for the number and percentage of wheelchair -accessible trips in 2022 that were completed, not accepted, canceled by the passenger, canceled due to passenger no- show, and canceled by the driver for Quarters 3 and 4. For 2023 and future years of service, this data will be easily and readily available through the new dispatching software.

16. Ti
me elapsed from when a trip is requested until the trip is accepted for completed WAV trips in deciles by quarter (Period A). A template can be downloaded here. (2 points)
F
rom January 1, 2022 to August 30, 2022, passengers were able to call Clovis Transit’s Dispatch Team to book a ride as early as two weeks in advance or as late as 5 pm the day before, which would be 13 hours in advance (7 80 minutes). Passengers received confirmation their trips were accepted while they were still on the phone. Therefore, it is assumed that no time elapsed from when the trip was requested and accepted.

O
n August 31, 2022, Clovis Transit transitioned to a new paratransit dispatch software that allows passengers the ability to book same-day trips based on vehicle availability. In addition to calling Dispatch, passengers can book a trip through a smartphone application and a web portal. Passengers can still book trips as early as two weeks in advance and can also schedule regular repeat trips for regularly repeated destinations like educational classes or employment. Trips requested by phone, the app, or the web portal, are all immediately accepted and have the option to receive confirmation via a push notification.

As stated previously, it is assumed that no time elapses from when a trip is requested and accepted.

See Attachment 10 for the requested response times by quarter for Period A.

17. T
ime elapsed from when a trip is accepted until the vehicle arrives in deciles by quarter (Period B). A template can be downloaded here. (2 points) C
lovis Transit Round Up passengers are able to book trips up to two weeks in advance.

The exact time that elapses between when a trip is accepted and when a vehicle arrives 37 AGENDA ITEM NO. 7.
9 is not readily available. To determine the requested information, each individual trip would need to be manually reviewed and compared to the incoming call log to our dispatch phone number, which would be very time-consuming.

18. C
ompleted WAV trip request response times (Period A + B) in deciles by quarter. A template can be downloaded here. (2 points) • For example, applicants shall report that 10 percent of all WAV trip requests were fulfilled in X response time minutes, 20 percent were fulfilled in X response time minutes, etc. In addition, the Access Provider shall report that the Period A time was X minutes for 10 percent of completed trips, that the Period B time was X minutes for 10 percent of completed trips, etc.

T
he City of Clovis has provided the response times for Period A + B in deciles by quarter (See Attachment 10) . The trip response times for Quarters 1 and 2 were typically 780 minutes (13 hours before) with the prior dispatching software. In Quarter 3, the city attained a new software system that provides same- day service, eliminating the requirement to call a minimum of 13 hours prior to booking an appointment. Therefore, under Quarters 3 and 4, the report displays no response times.

19. R
equested information in numbers 2, 10, 11, and 14 through 18 will be required to be collected within 30 days of the end of each quarter for this program. Can your agency provide the data requested in numbers 14 through 18 within 30 days of the end of each quarter for this program? (10 points) Ye
s □ No
P
lease provide references for agencies to which you regularly report.

T
he City of Clovis regularly submits reports to the California Department of Transportation (Caltrans). Reporting includes quarterly and annual status reports for grant funding. In addition, the city submits reports to the Fresno Council of Governments (FCOG); reports include Productivity Evaluation and the Consolidated Transportation Service Agency Operations Program and Budget (CTSA OPB).

38 AGENDA ITEM NO. 7.

Attachment 3
Project Expenses Form
AP Name County Quarter Main Category Sub Category Description Amount City of Clovis Fresno Q4 2023 Vehicle Costs Lease/Rental/Purchase Costs ProMaster Minibus* 164,000$ City of Clovis Fresno Q4 2023 Vehicle Costs Lease/Rental/Purchase Costs Cameras 3,000$ City of Clovis Fresno Q4 2023 Vehicle Costs Lease/Rental/Purchase Costs Ceramic Window Tint 2,000$ City of Clovis Fresno Q4 2023 Vehicle Costs Lease/Rental/Purchase Costs Cooks Radio 1,000$ City of Clovis Fresno Q4 2023 Vehicle Costs Lease/Rental/Purchase Costs Tablet 1,000$ City of Clovis Fresno Q4 2024 Vehicle Costs Lease/Rental/Purchase Costs Bus Wrapping 1,622$ City of Clovis Fresno Q4 2024 Vehicle Costs Maintenance, Service & Warranty Fuel & Maintenance** 120,000$
City of Clovis Fresno Q4 2024 Vehicle Costs Maintenance, Service & Warranty Driveroo Software*** 1,200$
*FCOG Access for All will cover $91,916 of purchase cost. Remainder costs will be covered by the City of Clovis. **Cost for 10 years of useful life.
***Software cost for 10 years of useful life (120 X 10).

Attachment A-B 39
AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: June 3, 2024
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 21- 18 Clovis Avenue Street Improvements to A.J. Excavation, Inc. for $806,879.60; and Authorize the City Manager to Execute the Contract on behalf of the City.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION

1. For the City Council to award a contract for CIP 21-18, Clovis Avenue Street Improvements to A.J. Excavation, Inc. in the amount $806,879.60; and

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

EXECUTIVE SUMMARY
Staff is recommending that City Council authorize the City Manager to award and execute the contract to A.J. Excavation, Inc. who was the lowest responsible bidder from a bid opening that took place on May 14, 2024.

The project consists of street improvements on Clovis Avenue from Shepherd Avenue to Teague Avenue. Construction shall include grinding, scarifying, recompacting aggregate base, paving, ADA concrete improvements, curb and gutter, valley gutter, adjustment of existing sewer and storm drain manho les, water valves to finish grade, installation of new traffic signal loop detectors, new traffic signal cable and new loop amplifiers within the existing traffic signal controller cabinet, removal and replacement of existing traffic signal loops, pedestri an barricades, project funding signs, existing traffic markings and signs to current MUTCD standards.

40 AGENDA ITEM NO. 8.

BACKGROUND
The following is a summary of the bid results of May 14, 2024:

BIDDERS BASE BIDS
A.J. Excavation, Inc. $806,879.60
Cal Valley Construction, Inc. $905,334.00
R.J. Berry Jr., Inc. $1,017,923.50

ENGINEER’S ESTIMATE $721,144.00

All bids were examined, and the bidder’s submittals were found to be in order. A.J. Excavation, Inc. is the lowest responsible bidder. Staff ha s validated the lowest bidder contractor’s license status and bid bond.

FISCAL IMPACT
This project was budgeted in the 2023 -2024 Community Investment Program. The project is supported by SB-1 through the City Community Investment Program.

REASON FOR RECOMMENDATION
The lowest bid is approximately 1 2% higher than the engineer's estimate . Since we received three bids for compar ison staff believes the low bid is comparable with construction costs we have seen in the last couple of months. Staff believes that the low bid received is within an acceptable range to award and recommends awarding and executing the contract to avoid delaying the project.

A.J. Excavation, Inc. is the lowest responsible bidder. There are sufficient funds available for the anticipated cost of this project.

ACTIONS FOLLOWING APPROVAL

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

2. Construction will begin approximately one (1) week after contract execution and be completed in twenty-five (25) working days thereafter.

Prepared by: Jorge Aguilera, Project Engineer

Reviewed by: City Manager AH

41 AGENDA ITEM NO. 8.

Attachment 1
42 AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: June 3, 2024
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 21- 21, Sunnyside Avenue Street Improvements to Cal Valley Construction, Inc. in the amount of $1,824,639.40; and authorize the City Manager to execute the contract on behalf of the City.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION

1. For the City Council to award a contract for CIP 21-21, Sunnyside Avenue Street Improvements – to Cal Valley Construction, Inc., in the amount of $1,824,639.40; 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 Cal Valley Construction, Inc., who was the lowest responsible bidder from a bid opening that took place on May 21, 2024.

This project includes street improvements on Sunnyside Avenue from Barstow Avenue to Third Street, approximately ±0.75 miles. Construction will include pulverize existing asphalt, grading, asphalt concrete paving, water meter and fire hydrant relocation, ad justment of existing manholes, water valves to finish grade, removal and replacement of existing traffic signal loops, concrete curb and gutter, concrete curb ramps, valley gutters, sidewalk, and new pavement markings.

43 AGENDA ITEM NO. 9.

BACKGROUND
The following is a summary of the bids received on May 21, 2024:

BIDDERS BASE BID

Cal Valley Construction, Inc. $1,824,639.40
RJ Berry Jr., Inc. $1,884,376.00
Avison Construction, Inc. $1,966,613.00

ENGINEER’S ESTIMATE $1,783,982.00

All bids were examined, and the bidder’s su bmittals were found to be in orde r. Cal Valley Construction, Inc. is the lowest responsible bidder. Staff has validated the lowest bidder contractor’s license status and bid bond.

FISCAL IMPACT
This project was budgeted in the 202 3-2024 Community Investment Program. The project is supported by Measure C through the City Community Investment Program.

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

ACTIONS FOLLOWING APPROVAL

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

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

Prepared by: Jose Sandoval, Project Engineer

Reviewed by: City Manager AH

44 AGENDA ITEM NO. 9.

Attachment 1
45 AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: June 3, 2024
SUBJECT: Consider Approval – Res. 24-___, a Resolution Confirming the Diagram and Assessments for the Annual Levy, 202 4-2025 Landscape Maintenance District No. 1.

Staff: Paul Armendariz, Deputy Public Utilities Director Recommendation: Approve

ATTACHMENTS: 1. Resolution Confirming Diagram and Assessments

2. Assessment Diagrams

RECOMMENDATION

1. Conduct the Public Hearing; and

2. Adopt Resolution No. 24-___, confirming the diagram and assessments for the annual levy of Landscape Maintenance District No. 1 for FY 2024-2025.

EXECUTIVE SUMMARY
A Public Hearing is required by the Landsca pe and Lighting Act of 1972 (ACT) to consider all written statements and to afford all interested persons the opportunity to hear and be heard concerning the Landscape Maintenance District (LMD) assessments for the coming year. There have been no written comments made or filed as of the writing of this report. At the conclusion of the Public Hearing, the Council will confirm the diagram and assessments in the Engineer’s Report, as presented or amended, in order to levy assessments on parcels in the LMD for the following fiscal year.

46 AGENDA ITEM NO. 10.

BACKGROUND
On July 15, 1985, Council adopted Resolution No. 85-78, forming the City of Clovis Landscape Maintenance District No. 1 in accordance with the Landscaping and Lighting Act of 1972, approved by the California State Legislature. The purpose of the District is to fund the operation and maintenance of landscaped areas and parks benefiting development throughout the City.

The yearly assessments established for all properties within the District provide funding for the City's cost for operation, maintenance, and related services. The required operation and maintenance include mowing, edging, fertilizing, weed control, irrigation systems, pruning, plant replacement, lighting, and a depreciation fund to periodically replace picnic area amenities, playground equipment, and other items such as neighborhood monuments. The assessments are collected by the County as a special assessment on the property tax bills.

On May 13, 2024, Council approved the Preliminary Engineer’s Report and adopted Resolution No. 24-259, which declares the City’s intention to levy and collect the annual assessments for Landscape Maintenance District No. 1 and gives notice of the Public Hearing. The Notice was published in The Business Journal on May 24, 2024. At this time, the Council is to consider all oral and written statements, make any changes to the Engineer’s Report, and adopt the Resolution to levy assessments for FY 2024-2025.

Fourteen Assessment Zones will receive a rate increase, thirty-five Assessment Zones will receive no rate change, and no additional Assessment Zones were added in fiscal 2023-2024.

As required by the ACT, the Engineer’s Report for Landscape District No. 1 is on file with the City Clerk and includes the following:

 A full and detailed description of the improvements;
 A description of the assessable lots and parcels of land within the LMD;  A diagram for the Landscape Maintenance District No. 1, showing the exterior boundaries and the boundaries of any zones within the LMD;  The estimated costs of the improvements; and
 The proposed assessments.

FISCAL IMPACT
Approval of the Engineer’s Report will provide the necessary funding for the Landscape Maintenance District No. 1 to continue the operation and maintenance of landscaped areas, benefiting development throughout the City for the next fiscal year.

REASON FOR RECOMMENDATION
The resolution confirming the diagram and assessments in the Engineer’s Report is required annually by the Landscaping and Lighting Act of 197 2. Adoption of the Resolution establishes the levy of assessments in the amount specified in the Engineer’s Report for each parcel for the coming fiscal year.

47 AGENDA ITEM NO. 10.

ACTIONS FOLLOWING APPROVAL

1. The Engineer’s Report, as amended and approved by Council, will be recorded with the Fresno County Recorder’s Office and filed with the Fresno County Auditor-Controller.

2. The assessments will be collected with the property taxes.

Prepared by: Paul Armendariz, Deputy Public Utilities Director

Reviewed by: City Manager JH
48 AGENDA ITEM NO. 10.

ATTACHMENT 1
RESOLUTION 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

CONFIRMING THE DIAGRAM AND ASSESSMENTS IN THE ENGINEER'S REPORT FOR THE ANNUAL LEVY, 2024-2025 LANDSCAPE MAINTENANCE DISTRICT NO. 1

WHEREAS, on May 1 3, 202 4, pursuant to Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, the Council of the City of Clovis did adopt Resolution No. 2 4-59, a Resolution of Intention to Levy and Collect the Annual Assessment for Landscape Maintenance District No. 1 of the City of Clovis (herein “LMD No. 1”); and

WHEREAS, the Council did declare in said Resolution of Intention its intention to levy and collect the annual assessment for the maintenance and operation of the landscaping facilities in said LMD No. 1; and

WHEREAS, notice of the public hearing was given as provided by law.

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

1. The Council determines that the territory within the LMD No. 1 – whose boundaries are set forth in the Engineer's Report of the City of Clovis LMD No. 1 dated May 13, 2024, as amended and on file with the City Clerk of the City of Clovis – will be the territory benefited by the maintenance and servicing of the improvements described in said Engineer's Report.

2. The Public Hearing on said annual levy of assessments was held in accordance with law, and all persons filing protests or requesting to speak and who appeared were heard.

3. The Engineer's Report – and the assessment of the estimated costs of the improvements contained therein and each and every part of said report, as amended – is adopted and approved, and the assessments upon the land in the LMD No. 1, being found to be in proportion to the benefits to be received from the improvements, are final ly approved and confirmed as the assessments to pay the costs of each improvement and the expenses incidental thereto.

4. The Council hereby orders the levy of the assessments described in the Engineer's Report, as amended.

5. The subdivisions of land within t he LMD No. 1 are to be assessed to pay the costs of the landscape maintenance.

6. The City Clerk shall file the Engineer's Report and assessments, as confirmed, or a certified copy thereof, with the Recorder of the County of Fresno. 49 AGENDA ITEM NO. 10.
* * * * *

The for egoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 3, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: June 3, 2024

______________________________ ______________________________ Mayor City Clerk

50 AGENDA ITEM NO. 10.

HIGHLAND AVE

HERNDON AVE

FOWLER AVESHEPHERD AVE

BULLARD AVE

SIERRA AVE

SUNNYSIDE AVE LEONARD AVEDEWOLF AVE

BARSTOW AVE

LOCAN AVETEMPERANCE AVEPEACH AVEMINNEWAWA AVE ARMSTRONG AVE

NEES AVE

TEAGUE AVE

CLOVIS AVE

ALLUVIAL AVE

SHAW AVE

GETTYSBURG AVE

ASHLAN AVE
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
LMD ZONES 1-3

GENERAL LANDSCAPING
2024/2025 ASSESSMENT CHANGES
NO ASSESSMENT CHANGES ZONES 1-3 µ
1 inch = 5,167 feet
ZONE 1
ZONE 2ZONE 3
ATTACHMENT 2
51 AGENDA ITEM NO. 10.

HIGHLAND AVE

HERNDON AVE
FOW

LER AVE

SHEPHERD AVE

BULLARD AVE

SIERRA AVE

SUNNYSIDE AVE

LEONARD AVE
DEW

OLF AVE

BARSTOW AVE

LOCAN AVE
TEM

PERANCE AVE

PEACH AVE
M
INNEW
AW
A AVE
ARM

STRONG AVE

NEES AVE

TEAGUE AVE
CLO

VIS AVE

ALLUVIAL AVE

SHAW AVE

GETTYSBURG AVE

ASHLAN AVE
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
µ
1 inch = 5,167 feet
ZONE 4
ZONE 5ZONE 6
LMD ZONES 4-6
PARKS
2024/2025 ASSESSMENT CHANGES
NO ASSESSMENT CHANGES ZONES 4-6
52 AGENDA ITEM NO. 10.

HIGHLAND AVE

HERNDON AVE
FOW

LER AVE

SHEPHERD AVE

BULLARD AVE

SIERRA AVE

SUNNYSIDE AVE

LEONARD AVE
DEW

OLF AVE

BARSTOW AVE

LOCAN AVE
TEM

PERANCE AVE

PEACH AVE
M
INNEW
AW
A AVE
ARM

STRONG AVE

NEES AVE

TEAGUE AVE

CLOVIS AVE

ALLUVIAL AVE

SHAW AVE

GETTYSBURG AVE

ASHLAN AVE
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
LMD ZONES 7 - 49

NEIGHBORHOOD ENHANCEMENTS
2024/2025 ASSESSMENT CHANGES
µ
1 inch = 4,833 feet
13 4.7%30

3.8%
32 1.6%
10 3.4%
9 0%
8 0%
15 2.5%
22 3.0%
27 0%
29 0%
28 0%
18 2.8%
12 4.1%
19 0%
33 0%
25 0%
26 0%
7 0%
21 0%
39 0%
24 0%
23 0%
36 2.9%
17 0%
14 0%
35 4.6%
16 0%
20 0%
37 1.7%
31 2.1%
34 0%
38 0%
Assessment Changes No Change IncreaseDecrease
41 0%
40 1.0%
44 0%
43 0%
42 0%
45 0%
47 0%
46 0%
48 0%
49 0%
53 AGENDA ITEM NO. 10.

HIGHLAND AVE

HERNDON AVE
FOW

LER AVE

SHEPHERD AVE

BULLARD AVE

SIERRA AVE

SUNNYSIDE AVE

LEONARD AVE
DEW

OLF AVE

BARSTOW AVE

LOCAN AVE
TEM

PERANCE AVE

PEACH AVE
M
INNEW
AW
A AVE
ARM

STRONG AVE

NEES AVE

TEAGUE AVE

CLOVIS AVE

ALLUVIAL AVE

SHAW AVE

GETTYSBURG AVE

ASHLAN AVE
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

LMD ZONES SOUTHEAST AND NORTHWEST
2024/2025 ASSESSMENT CHANGES
3% ASSESSMENT INCREASE FOR ZONE NW

NO ASSESSMENT INCREASE FOR ZONE SE
µ
1 inch = 5,208 feet

ZONE SE

ZONE NW
54 AGENDA ITEM NO. 10.

Clovis City CouncilJune 3, 2024

Clovis City Council
June 3, 2024