Agenda packet — Clovis City Council, September 3, 2024

September 03, 2024 - 1 - 7:04 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

September 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 September 03, 2024 - 2 - 7:04 PM CAMPAIGN CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURE - Pursuant to Government Code section 84308, a Councilmember shall not accept, solicit, or direct a campaign contribution of more than $250 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, contract, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Councilmember who has received a campaign contribution of more than $250 within the preceding 12 months from a party or their agent, or from a participant or their agent, must disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.

Pursuant to Government Code section 84308(e), any party to a covered proceeding before the City Council is required to disclose on the record of the proceeding any campaign contribution, including aggregated contributions, of more than $250 made within the preceding 12 mon ths by the party or their agent to any Councilmember. The disclosure shall be made as required by Government Code Section 84308(e)(1) and 2 CCR Section 18438.8. No party or their agent, and no participant or their agent, shall make a campaign contribution of more than $250 to any Councilmember during the covered proceeding or for 12 months after a final decision is made in that proceeding. The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the applicable requirements of the law.

CALL TO ORDER

FLAG SALUTE - Councilmember Bessinger

ROLL CALL

PRESENTATIONS/PROCLAMATIONS

1. Presentation of Certificates Recognizing Students for Participating in the American Legion State Programs.

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 yo ur 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.

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 t he 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 August 19, 2024, Council Meeting.

3. Fire - Approval – Authorize designation of 2003 Pierce Pumper apparatus as surplus and approval of donation to City of Hanford Fire Department. 2 September 03, 2024 - 3 - 7:04 PM

4. Fire – Approval – Res. 24-__, Confirming Weed and Rubbish Abatement Charges for 2024.

5. Planning and Development Services – Approval – Final Acceptance for CIP 17 -18 Senior Center - Façade Modifications.

6. Planning and Development Services - Approval – Res. 24-___, Final Map Tract 6372, located at the southwest area of Ashlan Avenue and Thompson Avenue (Lennar Homes of California, LLC, a California limited liability company).

7. Planning and Development Services - Approval – Res. 24 -___, Annexation of Proposed Tract 6372, located at the southwest area of Ashlan Avenue and Thompson Avenue to the Landscape Maintenance District No. 1 of the City of Clovis (Lennar Homes of California, LLC, a California limited liability company).

8. Planning and Development Services - Approval – Res. 24-___, Final Map Tract 6406, located at the southwest corner of Perrin Avenue and Baron Avenue (Lennar Homes of California, LLC, a California limited liability company).

9. Planning and Development Services - Approval – Res. 24 -___, Annexation of Proposed Tract 6406, located at the southwest corner of Perrin Avenue and Baron Avenue to the Landscape Maintenance District No. 1 of the City of Clovis (Lennar Homes of California, LLC, a California limited liability company).

10. Public Utilities – Approval – Bid Award for CIP 24 -15, Tarpey Village Water Meter Installation Project, in the Total Amount of $459,680.00 to West Valley Constr uction, Inc.; and Approval - Authorize the City Manager to Execute the Contract on Behalf of the City.

11. Public Utilities – Approval – Waive Formal Bidding Requirements and Reauthorize the Purchase of Two (2) Fire Department 2024 Ford F -250 Crew Cab 4x4 Trucks from Fahrney Ford of Selma to Replace model year 2004 and 2007 Trucks that have Reached the End of Their Useful Life.

12. Public Utilities – Approval – Final Acceptance for CIP 23 -15, Gas Collection and Control Systems (GCCS) Flare Station Improvements at the Clovis Landfill, with a Final Contract Cost of $464,752.11.

ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.

13. Consider Adoption - Ord. 24 -11, OA2021 -004, A request to amend the Clovis Development Code as a cleanup action to further define the MU -BC land use designation to allow for certain ancillary campus-affiliated housing uses in the R-T zone district, add development standards for the campus -affiliated housing uses and establish an R -T overlay zone district. (3 -1-0-1, with Mayor Ashbeck voting no and Councilmember Basgall recusing)

Staff: Briana Parra, City Clerk
Recommendation: Adopt

14. Consider Adoption - Ord. 24-12, R2021-010, A request to rezone approximately 63 properties inconsistently zoned within the designated Research and Technology Park plan area from the R-A, R-1-AH, R-1-7500, R-1-8500 and C-P zone districts to the R- T zone district or R-T overlay zone district. (3-1-0-1, with Mayor Ashbeck voting no and Councilmember Basgall recusing)

Staff: Briana Parra, City Clerk
Recommendation: Adopt
3 September 03, 2024 - 4 - 7:04 PM PUBLIC HEARINGS - A public hearing is an open consideration within a regular or special meeting of the City Council, for which special notice has been given and may be required. When a public hearing is continued, noticing of the adjourned item is required as per Government Code 54955.1.

15. Consider items associated w ith approximately 1.73 acres of land located along the east side of Osmun Avenue and the west side of Baron Avenue, north of Second Street. Clovis 135 Osmun, LP, owner/applicant.

a. Consider Approval - Res. 24-___, General Plan Amendment 2024-004, A resolution approving a CEQA exemption from further environmental review and an amendment to the General Plan to re -designate the subject property from the Medium Density Residential (4.1-7.0 dwelling units per acre) designation to the Medium High Density Residential (7.1-20 dwelling units per acre) designation.

b. Consider Introduction - Ord. 24-___, Rezone 2024-003, An ordinance rezoning the subject property from the R-1 (Single-Family Residential Low Density) Zone District to the R -2 (Multifamily Medium High Density) Zone District, associated with approximately 1.73 acres of land located along the east side of Osmun Avenue and the west side of Baron Avenue, north of Second Street.

Staff: Liz Salazar, Assistant Planner
Recommendation: Approve

16. Consider Approval – Res. 24-___, Authorizing the submittal of an application to the State of California Housing and Community Development Department’s Local Housing Trust Fund (LHTF) Program for the 135 Osmun Senior Apartments, requesting $1,000,000 in LHTF, approving the City award and match of Clovis Housing Trust Fund in the amount of $1,000,000 and authorizing the City Manager, or designee, to execute the LHTF Program Application, Standard Agreement, Agreement Documents, and any amendments thereto.

Staff: Claudia Cazares, Housing Program Manager
Recommendation: Approve

COUNCIL ITEMS

17. Consider Approval – Change of Council Meeting Schedule.

Staff: John Holt, City Manager
Recommendation: Approve

18. Consider Introduction – Ord. 24-___, Amending Section 2.1.01 of Chapter 2 of Title 2 of the Clovis Municipal Code Relating to City Council Meeting Day and Time.

Staff: John Holt
Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS
4 September 03, 2024 - 5 - 7:04 PM 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.

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

RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION

ADJOURNMENT

FUTURE MEETINGS

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

Sept. 9, 2024 (Mon.) To Be Cancelled
Sept. 16, 2024 (Mon.)
Oct. 7, 2024 (Mon.)
Oct. 14, 2024 (Mon.)
Oct. 21, 2024 (Mon.)

5 PRELIMINARY - SUBJECT TO APPROVAL

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CLOVIS CITY COUNCIL MEETING

August 19, 2024, 6:00 P.M. Council Chamber

Meeting called to order by Mayor Ashbeck at 6:01
Flag Salute led by Councilmember Basgall

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

PRESENTATION – 6:02

6:02 – ITEM 1 - PRESENTATION OF PROC LAMATION TO TRANSIT EMPLOYEES JUAN LOMELI AND DAYANA CONTRERAS FOR OUTSTANDING SERVICE.

PUBLIC COMMENTS – 6:07

Bonnie Nasser, resident, addressed concerns with Clovis transit routes around Old Town Clovis.

Dy Hin, resident, addressed concerns related to issues to illegal sewer connection on his property.

CONSENT CALENDAR – 6:25

Upon call, there was no public comment.

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

2. Administration - Approved - Minutes from the August 12, 2024, Council Meeting.

3. Finance – Received and Filed – Investment Report for the Month of March 2024.

4. Finance – Received and Filed – Treasurer’s Report for the Month of March 2024.

5. Finance – Received and Filed – Investment Report for the Month of April 2024.

6. Finance – Received and Filed – Treasurer’s Report for the Month of April 2024.

7. General Services – Approved – Res. 24-87, Authorizing the City Manager to execute the agreement with the California Department of Transportation (Caltrans) for the Sustainable Transportation Planning Grant FY2024 -25 in the amount of $172,500 to fund the Clovis Transit Strategic Operations Plan; and Approv ed – Res. 24-88, to amend the FY2024 -25 budget of the Transit budget to reflect the receipt of $152,714 from the Caltrans grant and the allocation of $19,786 from the Local Transit Fund (LTF) for the local match requirement.

8. General Services – Approved – Res. 24-89, Renewing Medical Plan Options for Eligible Retirees and Restating the Eligibility Requirements for Participation in the Plan for the 2025 Plan Year.

9. General Services - Approved – Approve the first amendment to the Emcor Services Agreement for the Maintenance of Heating, Ventilation and Air -Conditioning Equipment; and Authorize the City Manager to execute the First Amendment Agreement contract 6 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

Page 2 of 5 ends

extension with Emcor Services to include a 5% increase for a total annual propo sed cost of $237,966.82.

10. Police - Approved - Res. 24-90, Authorizing the Police Chief and the Police Department to execute the 2024 -2025 Department of Alcoholic Beverage Control Alcohol Policing Partnership grant agreement; and Approval - Amend the Po lice Department budget to reflect the award of $71,400.00.

ADMINISTRATIVE ITEMS – 6:26

6:26 ITEM 11 - APPROVED – AUTHORIZE STAFF TO PROCEED WITH A PROPOSITION 218

PUBLIC HEARING AND M AJORITY PROTEST VOTE TO IMPLEMENT A WATE R METER INSTALLATION FEE TO UNMETERED PARCELS IN TARPEY VILLAGE.

Bonnie Nasser, resident , inquired about the history of Tarpey Village, speci fically asking when Ashlen Avenue was constructed and the boundaries of the area.

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

6:46 ITEM 12 - APPROVED - A REQUEST TO APPR OVE THE BEHYMER -SUNNYSIDE

SOUTHWEST REORGANIZATION ANNEXATION AGRE EMENT AND TO AUTHORI ZE

THE CITY MANAGER AND CITY ATTORNEY TO MA KE MINOR MODIFICATIO NS TO THE AGREEMENT AS NECESSARY.

Bonnie Nasser, resident, raised questions about the land use, specifically inquiring whether the property is utilized for farming.

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

Motion carried by unanimous vote.

PUBLIC HEARINGS – 6:53

6:53 ITEM 13 - APPROVED ITEMS ASSOCIATED WITH APPROXIMATELY 333 ACRES OF LAND LOCATED ADJACEN T TO THE NORTH SIDE OF HIGHWAY 168 FROM ARMSTRONG AVENUE TO OWENS MOUNTAIN PARKWAY; OTHERWISE KNOWN AS THE CITY OF CLOVIS RESEARCH AND TECHNOLOGY PARK. VARIOUS PROPERTY OWNERS; CITY OF CLOVIS, APPLICANT.

Councilmember Basgall recused himself from this item because California Health Science University is a source of income.

David Wright, resident, spoke in opposition and addressed concerns with the housing issue.

7 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

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David Gilmore, Attorney representing Martin and Debbie Britz, spoke in opposition of the project.

Katrina Olsen, resident, spoke in opposition and addressed concerns with the housing issue.

Brian Watt, resident, spoke in opposition and addressed concerns with the housing issue.

Marie Gallard, resident, spoke in opposition and addressed concerns with not having an Environmental Impact Report (EIR) and the campus housing.

Winona Beretto, resident, spoke in opposition and addressed with the housing issue.

Bob Davis, resident, spoke in opposition and addressed concerns with the inconsistencies and cleanup of the project.

Ron Wells, resident, spoke in opposition and addressed concerns with the cleanup language.

Mark, resident, spoke in opposition and addressed concerns with the process of the cleanup and EIR.

Mayor Ashbeck motioned to c ontinue to a date uncertain and direct staff to work with the neighbors and bring back to the Council clean and orderly documents. Motion failed for lack of second.

13A - APPROVED - RES. 24-91, GPA2021-007, A REQUEST TO AMEND THE GENERAL

PLAN TO CORRECTLY DE SIGNATE THE RESEARCH AND TECHNOLOGY PARK BOUNDARY IN FOCUS AREA 6, INCORPORATE AMENDMENTS ALLOWING CAMPUS-

AFFILIATED HOUSING W ITHIN THE RESEARCH A ND TECHNOLOGY PARK A ND

INCLUDE THE EXISTING P-C-C AND P -F ZONE DISTRICTS AS CONSIST ENT ZONE DISTRICTS WITHIN THE MU-BC LAND USE DESIGNATION; AND

Motion for approval by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried 3-1-0-1, with Mayor Ashbeck vo ting no and Councilmember Basgall recusing.

13B - APPROVED INTRODUCTION - ORD. 24-11, OA2021-004, A REQUEST TO AMEND

THE CLOVIS DEVELOPMENT CODE AS A CLEANUP ACTION TO FURTHER D EFINE

THE MU -BC LAND USE D ESIGNATION TO ALLOW FOR CERTAIN ANCILLAR Y

CAMPUS-AFFILIATED HO USING USES IN THE R -T ZONE DISTRICT, ADD

DEVELOPMENT STANDARDS FOR THE CAMPUS-AFFILIATED HOUSING USES AND ESTABLISH AN R-T OVERLAY ZONE DISTRICT; AND
8 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

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Motion for approval by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried 3-1-0-1, with Mayor Ashbeck voting no and Councilmember Basgall recusing.

13C - APPROVED INTRODUCTION - ORD. 24-12, R2021-010, A REQUEST TO REZONE APPROXIMATELY 63 PRO PERTIES INCONSISTENT LY ZONED WITHIN THE

DESIGNATED RESEARCH AND TECHNOLOGY PARK PLAN AREA FROM THE R-A, R- 1-AH, R-1-7500, R-1-8500 AND C-P ZONE DISTRICTS TO THE R-T ZONE DISTRICT OR R-T OVERLAY ZONE DISTRICT; AND

Motion for approval by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried 3-1-0-1, with Mayor Ashbeck voting no and Councilmember Basgall recusing.

13D - APPROVED – RES. 24-92, A REQUEST TO AMEND THE CLOVIS RESEARCH

AND TECHNOLOGY ARCHI TECTURAL GUIDELINES TO ADD DE VELOPMENT AND

DESIGN STANDARDS FOR CAMPUS-AFFILIATED HOUSING CONSISTENT WITH THE GENERAL PLAN AND DEVELOPMENT CODE.

Motion for approval by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried 3-1-0-1, with Mayor Ashbeck voting no and Councilmember Basgall recusing.

CITY MANAGER COMMENTS – 8:27

None.

COUNCIL COMMENTS – 8:28

Councilmember Mouanoutoua announced that Youth Commission applications are now open for Clovis residents who are sophomores, juniors, and seniors.

It was consensus of the Council to direct staff to look into a social media campaign to address parking issues in neighborhoods with short driveways, as a response to complaints about sidewalk blockages.

CLOSED SESSION – 8:35

ITEM 14 - GOVERNMENT CODE SECT ION 54956.9(D)(1) CONFERENCE WITH LEGA L COUNSEL – EXISTING L ITIGATION CASE NAME: CITY OF CLOVIS V. T YCO FIRE PRODUCTS LP, U.S. DI STRICT COURT, DISTRICT OF SOUTH CAROLINA ; CASE NO. 2:24 - CV-02321-RMG

9 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

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ITEM 15 - GOVERNMENT CODE SECT ION 54956.9(D)(1) CONFERENCE WITH LEG AL COUNSEL – EXISTING LITIGATION CASE NAME: CITY OF CLOVIS V. BASF CORPORATION, U.S. DISTRICT COURT, DISTRICT OF SOUTH CAROLINA; CASE NO. 2:24-CV-0317-RMG

ITEM 16 - GOVERNMENT CODE SECTION 54957 PUBLIC EMPLOYEE APPOINTMENT / EMPLOYMENT TITLE: CITY MANAGER
RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION – 9:09 No action taken.

ADJOURNMENT

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

Meeting adjourned: 9:09 p.m.

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

TO: Mayor and City Council
FROM: Fire Department
DATE: September 3, 2024
SUBJECT: Fire - Approval – Authorize designation of 2003 Pierce Pumper apparatus as surplus and approval of donation to City of Hanford Fire Department.

ATTACHMENTS: 1. Donation Agreement & Release

2. Disposal Memo from City Manager

3. Hanford Release of Liability

RECOMMENDATION
For the City Council to approve the apparatus designation as surplus and its subsequent donation to the City of Hanford Fire Department.

EXECUTIVE SUMMARY
In December 2021, the City Council approved the replacement purchase of E42, which the Fire Department is scheduled to take delivery of in Fall 2024. With its arrival, the 2003 Engine 40 (Vehicle #21027) will become surplus and eligible for disposal. Due t o the California Air Resource Board regulation (Title 13, California Code of Regulations, section 2025) this vehicle is not legal to be registered to a private party or company in California for over the road use due to the current air emission laws; this vehicle can only be registered to government agencies as “emergency vehicle use only”. We have reached out to other local governments in the area and City of Hanford expressed an interest for a vehicle donation since one of their pumpers is no longer usable due to mechanical breakdown (blown engine).

BACKGROUND
With the recent delivery of a new 2024 Pierce Pumper, the Fire Department needs to decommission its 2003 Pierce Pumper. It is common practice for fire departments to donate decommissioned fire apparatus to other fire departments, local fire academies or o ther organizations. Many jurisdictions maintain reserve apparatus in their fleet to utilize when their frontline apparatus go out of service. The City of Hanford is in a critical need of a reserve apparatus because their last reserve apparatus suffered a catastrophic mechanical failure and is beyond repair. This donation will provide the City of Hanford with a reliable reserve engine to maintain operations and serve their community.

11 AGENDA ITEM NO. 3.

The City of Hanford Fire Department is a full-service career fire department, and this engine will provide them with a reserve engine to put into service behind their frontline apparatus when they are down for service or repairs.

Clovis Municipal Code Section 2.7.10 authorizes the disposition of surplus property owned by the City. When surplus property is donated, City Council authority is required.

FISCAL IMPACT
Minimal – if this apparatus was sent to surplus auction, the average price for this year and model is under $60,000. No additional costs would be incurred by the donation of this vehicle.

REASON FOR RECOMMENDATION
Donation of this fire engine demonstrated the Clovis Fire Department’s commitment to being a collaborative regional partner to surrounding departments within the Central Valley and to assist departments with providing effective service to their communities.

ACTIONS FOLLOWING APPROVAL
All agreements, releases, and disposal memos will be signed and the title for the 2003 Pierce Pumper apparatus will be transferred to the City of Hanford.

CONFLICT OF INTEREST
None.

Prepared by: Chris Ekk, Fire Chief

Reviewed by: City Manager AH

12 AGENDA ITEM NO. 3.

ATTACHMENT 1

AGREEMENT AND RELEASE REGARDING DONATION OF FIRE TRUCK
(CITY OF CLOVIS AND CITY OF HANFORD)
This Agreement is entered into between the City of Clovis, a California general law city (“Clovis”) and City of Hanford, located in Hanford, CA (“Hanford”) with respect to the following recitals, which are a substantive part of this Agreement:

RECITALS
A. Clovis owns a 2003 Pierce Pumper, VIN #4P1CT02HX3A003601 (“Pumper”). The Pumper is identified by Clovis as Vehicle # 21027, and has been declared surplus due to a replacement vehicle acquired by Clovis.

B. Hanford is interested in acquiring the Pumper as a donation.

C. Clovis is willing to donate the Pumper to Hanford, with both parties und erstanding that the Pumper will be donated an AS IS condition and that Hanford will release Clovis from any liability associated with use of the Pumper by Hanford.

D. The purpose of this Agreement is to memorialize the donation of the Pumper and set forth the terms of a release of liability from Hanford to Clovis.

NOW, THEREFORE, the parties agree as follows:

1. Donation of Pumper; Transfer of Title. Clovis agrees to donate the Pumper to Hanford and transfer title to the Pumper to Hanford, and Hanford agrees to accept the donation of the Pumper and accept the transfer of title to the Pumper . The donation and title transfer will be accomplished as follows:

a. Execution of this Agreement by both Clovis and Hanford, which will serve as a bill of sale.

b. Execution by Clovis of title documents to the vehicle to transfer title to Hanford in the manner specified by Hanford to satisfy Local and State requirements in California. The parties shall cooperate as necessary so that title to the vehicle shall transfer from Clovis to Hanford upon the Delivery Date specific in Section 4 or as soon thereafter as possible.

c. Delivery as set forth below.

2. No Warranties. Clovis is donating the Pumper AS IS with no warranties, express or implied.

13 AGENDA ITEM NO. 3.
2 THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WITH

RESPECT TO MERCHANTABILITY, SUITABILITY, FITNESS FOR

PURPOSE, OR OTHERWISE CONCERNING THE PUMPER, OR PARTS
OR ACCESSORIES THEREON.

Hanford understands that the Pumper and any equipment on the Pumper may not be in a condition suitable for fire suppression purposes in accordance with standards established by Hanford or the State of California, and that Hanford will be responsible for any repairs or upgrades in equipment that may be required to use the Hanford for fire suppression purposes.

Hanford has had an opportunity to inspect or otherwise investigate the condition of the Pumper. Hanford may not rely upon verbal representations from Clovis, or any Clovis official or employee.

3. Emissions and Registration. Hanford understands that it will be responsible for any emissions requirement s in the State of California , and any other governing entity having regulatory authority over emissions.

Hanford understands that it will be responsible for registering the Pumper in the State of California , or any other governing entity having regulatory authority over registration of vehicles.

4. Delivery. Hanford will take delivery of the Pumper in Clovis, California, at a Clovis facility identified by Clovis Fire Chief. The exact date of delivery will be mutually agreed upon (“Delivery Date”), but is expected to occur during the month of September XX, 2024. Hanford intends to drive the Pumper back to their facilities in Hanford, CA.

5. Hold Harmless and Indemnification. As of the Delivery Date, Hanford shall assume all responsibility for the Pumper. Hanford shall hold harmless, defend, and indemnify Clovis, the Clovis Fire Department, and their officers, employees, agents, and volunteers from all liability associated with use of the Pumper which occurs after the Delivery Date.

6. Release. Hanford waives any cl aims that Hanford may have, either now or in the future, for damages or other monetary relief against Clovis resulting from or in connection with Clovis’ sale of the Pumper. This waiver shall apply to all known and unknown, anticipated and unanticipated in juries and damages resulting from the activities described in the preceding sentence. In so agreeing, Hanford hereby knowingly waives the provisions of Section 1542 of the Civil Code of the State of California, which reads as follows:
14 AGENDA ITEM NO. 3.
3 “A general release does not extend to claim which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

7. Authority to Execute. 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.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below.

CITY OF CLOVIS
1033 Fifth Street
Clovis, CA 93612
(559) 324-2060

_________________
By: John Holt
Title: City Manager
September , 2024

CITY OF HANFORD
315 N. Douty St.

Hanford, CA 93230
(559) 585-2500

_______________
By: Mario Cifuentez
Title: City Manager
September , 2024

15 AGENDA ITEM NO. 3.

CITY OF CLOVIS

FIRE DEPARTMENT
1233 Fifth Street, Clovis, CA 93612 · (559) 324-2200

ATTACHMENT 2

TO: John Holt, City Manager

FROM: Chris Ekk, Fire Chief

DATE: September 4, 2024

RE: Disposal of 2003 Fire Engine

The fire department is taking delivery of the 2024 Pierce Pumper, which will make vehicle #21027 (VIN: 4P1CT02HX3A003601) surplus and eligible for disposal in August of 2024.

Due to the California Air Resource Board regulation (Title 13, California Code of Regulations, section 2025) this vehicle is not legal to be registered to a private party or company in California for over the road use due to the current air emission laws; this vehicle can only be registered to government agencies as “emergency vehicle use only”.

We have reached out to other local governments in the area and City of Hanford expressed an interest for a vehicle donation since one of their pumpers is no longer usable due to mechanical breakdown (blown engine).

Under City of Clovis Purchasing Manual and Procedures Page 13, Paragraph “D” Section 1: “Surplus supplies, equipment, salvage and /or confiscated property shall be disposed of, as necessary, by auction, public bid, or donation to a governmental or certified (IRS Section 501c.3) a non-profit organization.”

Following the City Manager’s approval, we will donate the vehicle and the title to be transferred from the City of Clovis Finance Department to City of Hanford, and City of Hanford will sign a “Hold Harmless Agreement” and an agreement the vehicle is donated in “as-is condition” with no warranties expressed or implied.

If you have any additional questions or concerns regarding this recommendation for disposing of fleet ID# 21027 please contact me.

________________________ _______________
John Holt, City Manager Date

16 AGENDA ITEM NO. 3.

CITY OF CLOVIS

FIRE DEPARTMENT
1233 Fifth Street, Clovis, CA 93612 · (559) 324-2200

ATTACHMENT 3

DONATION ACCEPTANCE AND RELEASE

The City of Hanford hereby accepts donation, title, and delivery of a 2003 Pierce Quantum (VIN 4P1CT02HX3A003601 – California License Plate 1170807) from the City of Clovis.

The City of Clovis warrants and represents that the donation, transfer of title, and delivery is authorized by Clovis Municipal Code Section 2.7.10 and the City’s adopted Purchasing Manual for the disposal of surplus equipment and assets, and the Clovis City Council approved the donation via Consent Calendar Item No.____ at the City Council meeting on September 3, 2024.

The undersigning City of Hanford representative is authorized to accept the donation, title, and delivery of the vehicle and by signing below does herby do so. The vehicle is being donated by the City of Clovis and accepted by the City of Hanford “as -is” with no warranties expressed or implied. Upon acceptance of the donation and delivery, the City of Hanford shall be solely responsible for the vehicle and the City of Hanford agrees to indemnify and hold harmless the City of Clovis, its officers, agents and employees from any claims or liability arising from the use of the vehicle following acceptance of the donation and delivery, including without limitation any events or claims before the vehicle title transfer documents have been fully executed and filed with applicable regulatory authorities.

________________________ __________________________ __________ Signature Printed Name & Title Date

17 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: Fire Department
DATE: September 3, 2024
SUBJECT: Fire – Approval – Res. 24-__, Confirming Weed and Rubbish Abatement Charges for 2024.

ATTACHMENTS: 1. Res. 24-

2. 2024 Weed Abatement Contractor Charges

3. 2024 Weed Abatement Charges Assessed

4. Authorization Letter

RECOMMENDATION
For the City Council to approve the 2024 weed and rubbish abatement char ges and authorize payment of the contractor’s charges.

EXECUTIVE SUMMARY
Initial notices for weed abatement were mailed out to 249 properties in March and April 2024.

Of those notices, 47 cases were created, with 11 properties abated by the City of Clovis contractor, Iron Cross Tractor Services. The attachments outline the properties that were cleaned and all associated cleanup costs and administrative fee.

Before the weed abatement charges can be submitted to the Fresno County Recorders’ Office for collection, the charges must be confirmed by the City Council in resolution form.

BACKGROUND
The Weed and Rubbish Abatement program has proven to be an effective tool in reducing fires associated with dead/dry vegetation and maintaining property values throughout Clovis.

The Fire Department incorporates weed and rubbish abatement into its Fire Prevention Bureau, providing opportunities to prevent vegetation fires that can spread and result in significant life or property loss. In addition, abatement is instrumental in reducing calls f or service, allowing unit availability for higher priority calls. Properties are surveyed and hazards identified for removal, the result of which is a much cleaner, safer environment for our citizens.

The weed abatement process started in March 2024 with the first letters being sent to the property owners of large vacant parcels, and final letters mailed in April 2024. Additional notices 18 AGENDA ITEM NO. 4.
were mailed to property owners where staff received specific complaints from citizens. These letters were mailed between April and August requesting abatement within a specified time frame according to the City’s private contractor for action.

Breakdown of Cleanup:

Properties identified for abatement: 249
Properties cleaned by City Contractor: 11

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Before the weed abatement charges can be submitted to the County Assessor for liens to be placed upon the properties, the charges must be confirmed by the City Council in resolution form.

ACTIONS FOLLOWING APPROVAL

1. The Fire Department will process the filing of liens for all property owners that have unpaid assessments through the Fresno County Assessors’ Office.

2. Payments will be processed to Iron Cross Tractor Services for all services rendered for Weed and Rubbish Abatement.

3. A signed authorization from the Fire Chief will be submitted to the Fresno County Assessor’s Office authorizing the names and titles of those persons who can add, remove, or change a weed abatement lien.

CONFLICT OF INTEREST
None.

Prepared by: Melinda Feist, Staff Analyst

Reviewed by: City Manager AH

19 AGENDA ITEM NO. 4.

ATTACHMENT 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING THE

COST OF WEED AND RUBBISH ABATEMENT AND PROVIDING FOR COLLECTION

WHEREAS, the Council by ordinance, adopted Article 102 of Chapter 27 of Title 5 of the Clovis Municipal Code, declaring as a public nuisance, weeds and rubbish upon public or private property in the City; and

WHEREAS, the Fire Chief has caused the removal of weeds and rubbish and abated nuisance declared by said Article 102 of Chapter 27 of Title 5 of said Municipal Code; and

WHEREAS, the Fire Chief has kept an itemized account of the work done in the removal of such weeds and rubbish and has prepared a report thereon and submitted the same to this Council for confirmation; and

WHEREAS, the Council has set September 3, 2024, at the hour of 6:00 o’clock p.m., at the Council Chambers, Clovis, California, as the time and place when this Council would receive and consider the said report and make and confirm assessments against each parcel of land subject to assessment to pay the cost of each abatement.

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

a. The itemized report of the cost of remove of weeds and rubbish submitted to this Council by the Fire Chief pursu ant to Article 103 of Chapter 28 of Title 5 of the Clovis Municipal Code is confirmed and approved.

b. The cost of abatement for each parcel of real property subject to assessment to pay the cost of removal of weeds and rubbish as listed under “Weed Abatement Assessments”.

c. The cost of such abatement for each such parcel of real property as shown under “Weed Abatement Assessments” constitutes a special assessment against the parcel and is a lien on the parcel.

d. The Fire Department is directed to transmit a notarized copy of this resolution to the Fresno County Recorder to file liens upon the applicable properties.

* * * * *

20 AGENDA ITEM NO. 4.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: September 3, 2024

______________________________ ______________________________ Mayor City Clerk

21 AGENDA ITEM NO. 4.
# APN Location Contractors
Cost Admin. Cost
Total cost
Payable to City
of Clovis
Owner Address
1 550-020-18 NEA Armstrong & Jasmine $1,900.00 $300.00 $2,200.00 1301 Solana Blvd #2125
Westlake, TX 76262
2 491-110-42 100 N Clovis Ave $3,225.00 $300.00 $3,525.00 7138 N. Millbrook #101 Fresno, CA 93730
3 491-110-43 E of 120 N Clovis $2,875.00 $300.00 $3,175.00 6121 N. Thesta #204 Fresno, CA 93710
4 563-131-29 1590 Alluvial $1,575.00 $300.00 $1,875.00 5528 N. Pam #121 Fresno, CA 93704
5 555-020-61 SEC Shaw & Locan $2,250.00 $300.00 $2,550.00 430 E State St #100 Eagle, ID 83616
6 555-050-51 SEC Gettysburg and Leonard $7,400.00 $300.00 $7,700.00 5260 N Palm #421, Stop A Fresno, CA 93704
7 564-050-55 2395 Herndon $2,350.00 $300.00 $2,650.00
21890 Colorado Ave.

San Joaquin, CA 93660
Grand Total Cost $21,575.00 $2,100.00 $23,675.00
CITY OF CLOVIS 2024 WEED ABATEMENT CHARGES BY APN
22 AGENDA ITEM NO. 4.

Case # APN AMOUNT TAX CODE OWNER OWNER ADDRESS
24-00413 550-020-18 $2,200.00 6905 DNBS LLC 1301 Solana Blvd #2125 Westlake, TX 76262
24-00406 491-110-42 $3,525.00 6905 TNR HOLDINGS LLC 7138 N Millbrook #101 Fresno, CA 93730
24-00407 491-110-43 $3,175.00 6905

PERKINS CHRISTOPHER R & MANUELA
TRS

SVOBODA JAMES & SUZANNE
6121 N THESTA #204
FRESNO, CA 93710
24-00416 563-131-29 $1,875.00 6905 FAT DAWGS 7 BROADCASTING LLC

WILLIAMS CHARLES P TRUSTEE
5528 N PAM #121
FRESNO, CA 93704
24-00401 555-020-61 $2,550.00 6905 Pacific West Communities 430 E State St #100 Eagle, ID 83616
24-00436 555-050-51 $7,700.00 6905 HOMEPLACE HOLDINGS LLC 5260 N Palm #421, Stop A fresno, CA 93704
24-00461 564-050-55 $2,650.00 6905 VALLEY HEALTH TEAM INC 21890 COLORADO AVE SAN JOAQUIN, CA 93660
TOTAL FEES: $23,675.00
CITY OF CLOVIS 2024 WEED ABATEMENT ASSESSMENTS
23 AGENDA ITEM NO. 4.

CITY OF CLOVIS

FIRE DEPARTMENT
1233 Fifth Street, Clovis, CA 93612 · (559) 324-2200

September 03, 2024

Fresno County Auditor Controller
Attn: Oscar J. Garcia, CPA

Dear Auditor-Controller:

Please accept all instructions for adding, changing, and deleting Special Assessments on behalf of the City of Clovis Fire Department from the following individuals:

1. John Holt, City Manager

2. Chris Ekk, Fire Chief

3. Jay Schengel, Finance Director

4. Chad Fitzgerald, Life Safety Enforcement Manager

5. Katie Krahn, Sr. Management Analyst

This shall remain in effect through June 30, 2025, unless notified differently. If you should have any questions, please contact Chad Fitzgerald, Life Safety/Enforcement Manager at 559 -324- 2218.

Sincerely,

Chris Ekk, Fire Chief

ATTACHMENT 4
24 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: September 3, 2024
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP 17-18 Senior Center - Façade Modifications.

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 project consisted of removal of the existing exterior trellis and removal and replacement of portions of the exterior siding. Construction also consisted of retrofitting damaged exterior beams and painting portions of the exterior of the building.

BACKGROUND
Bids were received on March 19, 2024, and the project was awarded by the City Council to the low bidder, Geometric Construction , Inc., on April 8, 2024 . The project was completed in accordance with the construction documents and t he contractor has submitted a request for acceptance of the project.

FISCAL IMPACT

1. Award $129,309.70

2. Reduction in Bid item quantities -$6,944.70

3. Contract Change Orders $13,778.55

4. Liquidated Damages Assessed $0.00

____________
Final Contract Cost $136,143.55

25 AGENDA ITEM NO. 5.

REASON FOR RECOMMENDATION
Clovis Facilities, 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, Geometric Construction, 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 releas ed 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).

CONFLICT OF INTEREST
None.

Prepared by: Shawn Scott, Engineering Inspector

Reviewed by: City Manager AH

26 AGENDA ITEM NO. 5.

Attachment 1
27 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: September 3, 2024
SUBJECT: Planning and Development Services - Approval – Res. 24 -___, Final Map Tract 6372, located at the southwest area of Ashlan Avenue and Thompson Avenue (Lennar Homes of California, LLC, a California limited liability company).

ATTACHMENTS: 1. Res. 24-___

2. Vicinity Map

3. Final Map Copy

RECOMMENDATION
For the City Council to approve Res. 24-___, which will:

1. Accept the offer of dedication of parcels and public utility easements within Tract 6372; and

2. Authorize the recording of the final map.

EXECUTIVE SUMMARY
The owner, Lennar Homes of California, LLC, a California limited liability company, acting as the subdivider, has submitted a final map. The improvement plans are being processed by City staff.

The improvements to be installed include curb, gutter, sidewalk, streetlights, fire hydrants, street paving, sanitary sewer, water mains, and landscaping. The subject tract is at the southwest area of Ashlan Avenue and Thompson Avenues. It contains approximately 15 acres and consists of 103 residential units, zoned R-1-PRD.

BACKGROUND
None.

FISCAL IMPACT
The subdivider will be installing curb, gutter, sidewalk, fire hydrants, street paving, sanitary sewer, water mains, and landscaping, which will be perpetually maintained by the City of Clovis.

For the streetlights, the City will pay for the power and PG&E will provide the maintenance.

28 AGENDA ITEM NO. 6.

REASON FOR RECOMMENDATION
The subdivision agreement has been executed by the subdivider and all development fees paid or deferred in accordance with the Municipal Code. The agreement provides for the developer to complete a technically correct map and improvement plans, and to complete all the required improvements in compliance with the conditions of approval. The improvements are adequately secured.

ACTIONS FOLLOWING APPROVAL
The final map will be filed with the Fresno County Recorder’s office for recording.

CONFLICT OF INTEREST
None.

Prepared by: Jeff Brown, Engineer II

Reviewed by: City Manager AH

29 AGENDA ITEM NO. 6.

Attachment 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING FINAL SUBDIVISION MAP FOR TRACT NO. 6372

WHEREAS, a final map has been presented to the City Council of the City of Clovis for Tract 6372, by The City of Clovis, a Municipal Corporation; and

WHEREAS said final tract conforms to the requirements of Chapter 2, Part 2, of Division 4 of the Business and Professions Code and to local ordinances.

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

1. The final map of Tract 6372, consisting of t wo (2) sheets, a copy of which is on file with the City Clerk, be and the same is hereby approved.

2. The subdivision improvement plans for said tract have been approved by City Staff.

3. The preliminary Engineer’s Cost Estimate of development cost of said tract, a copy of which is on file with the City Clerk, be and the same is hereby approved and adopted as the estimated cost of improvements for said subdivision in the sum of $7,133,856.00.

4. The offer and dedication for public use of the parcels and easements specified on said map are accepted by the City of Clovis and the City Clerk is authorized and directed to execute said subdivision map.

5. This Council finds that the proposed subdivision, together with the provisions f or its design and improvement, are consistent with applicable general and specific plans of the City of Clovis.

6. Improvement Security, as provided hereunder and in said Subdivision Agreement, is fixed at one hundred percent (100%) of the remaining improvements to be constructed or the sum of $7,134,000.00 for guaranteeing specific performance of said agreement and fifty percent (50%) of the remaining improvements or the sum of $ 3,567,000.00 for payment of labor and materials furnished by contractors, subcontractors, labormen and materialmen in connection with the improvements required to be made or constructed by said subdivider in conformity with said subdivision map or said agreement.

7. Subdivider shall furnish a bond in the sum of $ 713,400.00 being the amoun t determined by the City Council of the City as necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance of the tract against any defective work or labor done, or defective materials furnished.

30 AGENDA ITEM NO. 6.

Said bond is required to be furnished prior to acceptance of the tract by the City Council.

* * * * *

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

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk
31 AGENDA ITEM NO. 6.
32 AGENDA ITEM NO. 6.

Attachment 3
33 AGENDA ITEM NO. 6.
34 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: September 3, 2024
SUBJECT: Planning and Development Services - Approval – Res. 24 -___, Annexation of Proposed Tract 6372, located at the southwest area of Ashlan Avenue and Thompson Avenue to the Landscape Maintenance District No. 1 of the City of Clovis (Lennar Homes of California, LLC, a California limited liability company).

ATTACHMENTS: 1. Res. 24-___

RECOMMENDATION
For the City Council to approve Res. 24-___, which will annex proposed Tract 6372, located at the southwest area of Ashlan Avenue and Thompson Avenue to the Landscape Maintenance District (LMD) No. 1 of the City of Clovis.

EXECUTIVE SUMMARY
The owner, Lennar Homes of California, LLC, a California limited liability company, acting as the subdivider, has requested to be annexed to the LMD No. 1 of the City of C lovis as set forth by the Conditions of Approval for Tentative Tract 6372.

BACKGROUND
Lennar Homes of California, LLC, a California limited liability company , the developer of Tract 6372, has executed a covenant that this development be annexed to the City of Clovis, LMD No.

1. An executed copy can be provided on request. Council formed the original District on July 15, 1985, for the purpose of funding the maintenance of landscaped areas and parks.

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

35 AGENDA ITEM NO. 7.

FISCAL IMPACT
Tract 6372 Year to Date

LMD Landscaping added: 1.177 acres 1.741 acres

Resource needs added: 0.118 persons 0.174 persons

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

REASON FOR RECOMMENDATION
The property owners for the subject tract have requested annexation into the City of Clovis LMD No. 1.

ACTIONS FOLLOWING APPROVAL
Tract 6372 shall become a part of City of Clovis LMD No. 1 and will be assessed next year for maintenance costs.

CONFLICT OF INTEREST
None.

Prepared by: Jeff Brown, Engineer II

Reviewed by: City Manager AH

36 AGENDA ITEM NO. 7.

Attachment 1
RESOLUTION 24-__

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

THE CITY OF CLOVIS

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

WHEREAS, all of the owners of property proposed to be annexed to the District consisting of proposed Tract No. 6372, as described in Attachment A attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of engineer's report, or both.

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

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

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

* * * * *

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

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

37 AGENDA ITEM NO. 7.

ATTACHMENT A

Legal Description

Lots 1 through 103, inclusive, of Tract Map 6372 recorded in Volume ______ of Plats at Pages ______ through ______, Fresno County Records.

38 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: September 3, 2024
SUBJECT: Planning and Development Services - Approval – Res. 24 -___, Final Map Tract 6406, located at the southwest corner of Perrin Avenue and Baron Avenue (Lennar Homes of California, LLC, a California limited liability company).

ATTACHMENTS: 1. Res. 24-___

2. Vicinity Map

3. Final Map Copy

RECOMMENDATION
For the City Council to approve Res. 24-___, which will:

1. Accept the offer of dedication of parcels and public utility easements within Tract 6406; and

2. Authorize the recording of the final map.

The improvements to be installed include curb, gutter, sidewalk, streetlights, fire hydrants, street paving, sanitary sewer, water mains, and landscaping. The subject tract is at the southwest corner of Perrin Avenue and Baron Avenues. It contains approximately 8 acres and consists of 51 residential units, zoned R-1.

BACKGROUND
None.

FISCAL IMPACT
The s ubdivider will be installing curb, gutter, sidewalk, fire hydrants, street paving, sanitary sewer, water mains, and landscaping, which will be perpetually maintained by the City of Clovis.

For the streetlights, the City will pay for the power and PG&E will provide the maintenance.

39 AGENDA ITEM NO. 8.

ACTIONS FOLLOWING APPROVAL
The final map will be filed with the Fresno County Recorder’s office for recording.

CONFLICT OF INTEREST
None.

Prepared by: Jeff Brown, Engineer II

Reviewed by: City Manager AH
40 AGENDA ITEM NO. 8.

Attachment 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING FINAL SUBDIVISION MAP FOR TRACT NO. 6406

WHEREAS, a final map has been presented to the City Council of the City of Clovis for Tract 6406, by The City of Clovis, a Municipal Corporation; and

WHEREAS, said final tract conforms to the requirements of Chapter 2, Part 2, of Division 4 of the Business and Professions Code and to local ordinances.

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

1. The final map of Tract 6406, consisting of five (5) sheets, a copy of which is on file with the City Clerk, be and the same is hereby approved.

2. The subdivision improvement plans for said tract have been approved by City Staff.

5. This Council finds that the proposed subdivision, together with the provisions f or its design and improvement, are consistent with applicable general and specific plans of the City of Clovis.

6. Improvement Security, as provided hereunder and in said Subdivision Agreement, is fixed at one hundred percent (100%) of the remaining improvements to be constructed or the sum of $2,453,000.00 for guaranteeing specific performance of said agreement and fifty percent (50%) of the remaining improvements or the sum of $ 1,227,000.00 for payment of labor and materials furnished by contractors, subcontractors, labormen and materialmen in connection with the improvements required to be made or constructed by said subdivider in conformity with said subdivision map or said agreement.

7. Subdivider shall furnish a bond in the sum of $ 245,300.00 being the amoun t determined by the City Council of the City as necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance of the tract against any defective work or labor done, or defective materials furnished.

Said bond is required to be furnished prior to acceptance of the tract by the City Council.
41 AGENDA ITEM NO. 8.

* * * * *

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

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk
42 AGENDA ITEM NO. 8.

ATTACHMENT 2
43 AGENDA ITEM NO. 8.
44 AGENDA ITEM NO. 8.
45 AGENDA ITEM NO. 8.
46 AGENDA ITEM NO. 8.
47 AGENDA ITEM NO. 8.
48 AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: September 3, 2024
SUBJECT: Planning and Development Services - Approval – Res. 24 -___, Annexation of Proposed Tract 6406, located at the southwest corner of Perrin Avenue and Baron Avenue to the Landscape Maintenance District No. 1 of the City of Clovis (Lennar Homes of California, LLC, a California limited liability company).

ATTACHMENTS: 1. Res. 24-___

RECOMMENDATION
For the City Council to approve Res. 24-___, which will annex proposed Tract 6406, located at the southwest corner of Perrin Avenue and Baron Avenue to the Landscape Maintenance District (LMD) No. 1 of the City of Clovis.

EXECUTIVE SUMMARY
The owner, Lennar Homes of California, LLC, a California limited liability company, acting as the subdivider, has requested to be annexed to the LMD No. 1 of the City of Clovis as set forth by the Conditions of Approval for Tentative Tract 6406.

BACKGROUND
Lennar Homes of California, LLC, a California limited liability company , the developer of Tract 6406, has executed a covenant that this development be annexed to the City of Clovis, LMD No.

1. An executed copy can be provided on request. Council formed the original District on July 15, 1985, for the purpose of funding the maintenance of landscaped areas and parks.

49 AGENDA ITEM NO. 9.

FISCAL IMPACT
Tract 6406 Year to Date

LMD Landscaping added: 0.660 acres 2.401 acres

Resource needs added: 0.066 persons 0.240 persons

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

REASON FOR RECOMMENDATION
The property owners for the subject tract have requested annexation into the City of Clovis LMD No. 1.

ACTIONS FOLLOWING APPROVAL
Tract 6406 shall become a part of City of Clovis LMD No. 1 and will be assessed next year for maintenance costs.

CONFLICT OF INTEREST
None.

Prepared by: Jeff Brown, Engineer II

Reviewed by: City Manager AH

50 AGENDA ITEM NO. 9.

Attachment 1
RESOLUTION 24-__

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

THE CITY OF CLOVIS

WHEREAS, all of the owners of property proposed to be annexed to the District consisting of proposed Tract No. 6406, as described in Attachment A attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of engineer's report, or both.

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

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

* * * * *

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

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk
51 AGENDA ITEM NO. 9.

ATTACHMENT A

Legal Description

Lots 1 through 51, inclusive, of Tract Map 6406 recorded in Volume ______ of Plats at Pages ______ through ______, Fresno County Records.

52 AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: September 3, 2024
SUBJECT: Public Utilities – Approval – Bid Award for CIP 2 4-15, Tarpey Village Water Meter Installation Project, in the Total Amount of $459,680.00 to West Valley Construction, Inc. ; and Approval - Authorize the City Manager to Execute the Contract on Behalf of the City.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION

1. For the City Council to a ward a contract for CIP 2 4-15, Tarpey Village Water Meter Installation Project, to West Valley Construction, Inc. in the total amount of $459,680.00; 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 with West Valley Construction, Inc . in the amount of $ 459,680.00. West Valley Construction, Inc. was the lowest responsible b idder from the bid opening that took place on August 20, 2024.

This project involves the installation of a City standard water meter connection, including the meter box and water meter, on the remaining 308 unmetered homes within Tarpey Village.

BACKGROUND
This project is intended to meet the guidelines of California Assembly Bill 2572 (AB 2572), which stipulates that all municipal and industrial service connections must have a water meter installed and be billed according to the volumetric water use passing through that meter. This project will install a standardized City water service connection and a corresponding water meter on all remaining unmetered connections to meet the requirements of the AB 2572, including the State- imposed installation deadline of January 1, 2025.

53 AGENDA ITEM NO. 10.

Council authorized Staff on August 19, 2024, to proceed with a Proposition 218 hearing and majority protest to assess a water meter installation fee for the remaining properties in Tarpey Village. If the Proposition 218 is not rejected by a majority of the fee payers at the public hearing tentatively scheduled for December 2, 2024 , the City will be able to recover most of the costs associated with the contractor-installed water service and meters. Based on the contractor’s bid, the water meter installation fee to be included in the Proposition 218 public hearing notice is estimated to be $1,490 per unmetered parcel. The water meter installation fee will be charged through a payment plan over 36 months with no interest , instead of the historically offered 24- month no-interest plan. Staff recommends a 36 -month period to maintain a similar per month cost to those who have previously volunteered and paid to have a water meter installed at the City’s most recent charge of $980.

The following is a summary of the bid results of August 20, 2024.

BIDDERS BASE BID

West Valley Construction, Inc. $459,680.00

ENGINEER’S ESTIMATE $451,000.00

The bid was examined, and the bidder’s submittals were found to be in order. Staff have validated the bidder’s contractor’s license.

FISCAL IMPACT
The project is included in the 2024 -2025 fiscal year budget and will be initially paid for by the Water Enterprise Fund. The majority of the project costs will be reimbursed to the Water Enterprise Fund via collection of a water meter installation fee. Miscellaneous costs not included in the fee will be paid for by water service fees and penalties collected in the Water Enterprise Fund. If the water meter installation fee is rejected by a majority protest by affected fee payers following the public hearing, the City will still need to proceed with the work to comply with the State mandate and will most likely be burdened with all costs.

REASON FOR RECOMMENDATION
West Valley Construction, Inc. is the lowest responsible bidder. The installation of a water meter is required prior to January 1, 2025, per Assembly Bill 2572.

ACTIONS FOLLOWING APPROVAL
The contract will be prepared and executed, subject to the contractor providing performance security that is satisfactory to the City. A public hearing will be scheduled for a date which is not less than 45 days after the mailing date of the notice , which is tentatively scheduled for December 2024.

CONFLICT OF INTEREST
None.

Prepared by: Kevin Tuttle, Supervising Civil Engineer

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

ShepherdTeagueNeesAlluvialHerndonSierraBullardBarstowShawGettysburgAshlanDakota4ATTACHMENT 1CITY LIMITSSPHERE OF INFLUENCE

VICINITY MAP
55 AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: September 3, 2024
SUBJECT: Public Utilities – Approval – Waive Formal Bidding Requirements and Reauthorize the Purchase of Two (2) Fire Department 2024 Ford F -250 Crew Cab 4x4 Trucks from Fahrney Ford of Selma to Replace model year 2004 and 2007 Trucks that have Reached the End of Their Useful Life.

ATTACHMENTS: None

RECOMMENDATION
For the City Council to approve waiving the City’s formal bidding requirements and reauthorize the purchase of two (2) Fire Department 2024 Ford F-250 Crew Cab 4x4 trucks for $70,656.30 each, for a combined total of $14 1,312.60 (including tax and delivery fees) from Fahrney Ford of Selma to replace model year 2004 and 2007 trucks that have reached the end of their useful Life.

EXECUTIVE SUMMARY
There are funds in this fiscal year’s Fleet Renewal budget to purchase two (2) 2024 Ford F-250 Crew Cab 4x4 trucks for the Fire Department. The existing equipment needs to be replaced due to age, mileage, and condition. Fahrney Ford of Selma provided a bid price of $141,312.60 for the two replacement trucks, including tax and delivery fees. The two replacement trucks meet current emissions requirements.

City staff also requested a bid from the Sourcewell contracted dealer National Auto Fleet Group.

However, Fahrney Ford of Selma has supplied a lower bid.

The Sourcewell purchasing contract, formerly the National Joint Powers Alliance (NJPA) contract, is a nationwide public procurement service that makes the governmental procurement process more efficient. All contracts available to participating members have been awarded by virtue of a public competitive procurement process compliant with state statutes.

The recommended action is a request for reauthorization of a purchase previously approved by Council in September of 2023.
56 AGENDA ITEM NO. 11.

BACKGROUND
On September 18 , 2023, Council approved purchasing two (2) Fire Depart ment 2024 Ford F - 250 Crew Cab 4x4 trucks for $74,337.91 each , for a combined total of $148,675.82 (including tax and delivery fees), from National Auto Fleet Group utilizing the Sourcewell purchasing contract 091521-NAF. After Council approval, staff opened a purchase order for the vehicles to begin the purchasing process and provided them to the dealership. Since providing the purchase order, no progress has been made on the manufacturing of the vehicles . Therefore, staff is requesting reauthorization and approval to purchase the vehicles from Fahrney Ford of Selma at a lower price than the originally approved amount.

The recommended equipment is available from Fahrney Ford of Selma and meets the Department’s needs. The vehicles are available to be ordered and will be built by Ford according to Fire Department’s needs.

The Fleet Fund includes a vehicle and equipment replacement program where the different divisions within City departments budget for and contribute a set amount of money annually for the fu ture scheduled replacement of a vehicle or piece of equipment. This allows each department, and the divisions within the departments, to financially plan for the large capital expense of purchasing vehicles and equipment that need to replace existing vehicles due to age, wear and tear, or to meet regulatory requirements. Depending on the condition and need of the vehicle or equipment being replaced, it will be moved from front -line operation and may be kept as a back -up, or it will be auctioned off in the C ity’s vehicle and equipment surplus program.

FISCAL IMPACT
Funds were originally allocated in the 2023-2024 budget year and were re-encumbered in the 2024-2025 Fleet Capital Acquisition budget, often referred to as the Fleet Renewal or Fleet Replacement budget. The Fire Department has the necessary funds for equipment replacement.

REASON FOR RECOMMENDATION
The existing trucks have been in service for over 10 ye ars and are scheduled for replacement.

Sufficient funds have been collected for replacement equipment. Staff has evaluated the available equipment and determined that it meets the needs of the Fire Department. The proposed method of purchasing the equipmen t is cost -effective and sufficient funds are available.

ACTIONS FOLLOWING APPROVAL
Purchase orders will be prepared for the City Manager’s approval and sent to the vendor. The previous vehicle orders and corresponding purchase orders will be cancelled.

CONFLICT OF INTEREST
None.

Prepared by: Jim Stringfield, Fleet Manager

Reviewed by: City Manager AH
57 AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: September 3, 2024
SUBJECT: Public Utilities – Approval – Final Acceptance for CIP 23 -15, Gas Collection and Control Systems (GCCS) Flare Station Improvements at the Clovis Landfill, with a Final Contract Cost of $464,752.11.

ATTACHMENTS: None

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
Staff is recommending that Council accept the work performed by BSE General Engineering, Inc. and authorize the recording of the notice of completion.

This project involved the construction work necessary to install a Low-NOx flare and associated components at the City of Clovis Landfill to be in compliance with the Rule 4311 (Flares).

Specifically, the work involved furnishing, installing, and constructing reinforced concrete pads; installing a Low -NOx flare and associated components; blower systems; an air compressor system; electrical wiring; modification of the existing electrical system main panel; and all additional work necessary for the gas collection and control systems (GCCS) flare station improvements at the Clovis Landfill.

BACKGROUND
The San Joaquin Valley Air Pollution Control District (SJVAPCD) adopted amendments to Rule 4311 pertaining to flares on Dec ember 17, 2020. The purpose of Rule 4311 is to limit the emissions of volatile organic compounds (VOC s), nitrogen oxides (NOx), and sulfur oxides (SOx) from the operation of flares. The emission requirements for NOx for landfill flares has essentially been cut in half and is now at 0.025 lb/MMBtu. The previous Clovis Landfill flare exceeded the NOx require ment with an output of 0.047 lb/MMBtu. The SJVAPCD granted an Authority to Construct (ATC) to the City of Clovis to replace the existing non -compliant flare to meet the new emission requirements of Rule 4311.

58 AGENDA ITEM NO. 12.

The project was awarded by City Council to BSE General Engineering, Inc., on October 2, 2023.

The project was completed in accordance with the construction documents and the contractor has submitted a request for acceptance of the project.

FISCAL IMPACT

1. Award $453,592.11

2. Contract Change Orders
CCO No. 1 $2,053.00
This change order provided the drilling and epoxy wet set of the alternative flare anchor bolts.

CCO No. 2 $9,107.00
This change order provided the necessary labor and procurement of materials (i.e. inlet pipe support, concrete for footing, 6-quantity 8” gaskets, mount air dryer, stainless steel air line adder, propane adder, rotate compressor, electrical outlet for compressor sensor, 3/8” air line valve, & vinyl tubing for air compressor oil separator) in order to proceed with the project without delays.

3. Liquidated Damages $0.00

Final Contract Cost $464,752.11

This project was budgeted in the 2023-2024 annual budget and is fully funded from the Refuse Enterprise funds as listed in the Community Sanitation Improvement section of the Community Investment Program. There are adequate funds in the Refuse Fund to pay for the project costs, including the contract change orders.

REASON FOR RECOMMENDATION
The Public Utilities Department, the City Engineer, and the Engineering Inspector agree that the work performed by the contractor is in accordance with the project plans and specifications, and has been deemed acceptable. The contractor , BSE General Engineering, Inc. , has requested final acceptance from City Council.

ACTIONS FOLLOWING APPROVAL

1. The Notice of Completion will be recorded; and

2. All remaining retention funds will be released 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).

CONFLICT OF INTEREST
None.

Prepared by: Rey Empleo, Civil Engineer

Reviewed by: City Manager AH
59 AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: Administration
DATE: September 3, 2024
SUBJECT: Consider Adoption - Ord. 24-11, OA2021-004, A request to amend the Clovis Development Code as a cleanup action to further define the MU- BC land use designation to allow for certain ancillary campus -affiliated housing uses in the R-T zone district, add development standards for the campus-affiliated housing uses and establish an R -T overlay zone district. (3-1-0-1, with Mayor Ashbeck voting no and Councilmember Basgall recusing)

Staff: Briana Parra, City Clerk
Recommendation: Adopt

ATTACHMENTS: None

This item is on the regular agenda because at introduction it was approved with a less than unanimous vote.

Please direct questions to the City Manager’s office at 559-324-2060. 60 AGENDA ITEM NO. 13.

TO: Mayor and City Council
FROM: Administration
DATE: September 3, 2024
SUBJECT: Consider Adoption - Ord. 24 -12, R2021-010, A request to rezone approximately 63 properties inconsistently zoned within the designated Research and Technology Park plan area from the R -A, R-1-AH, R-1- 7500, R-1-8500 and C -P zone districts to the R -T zone district or R -T overlay zone district . (3-1-0-1, with Mayor Ashbeck voting no and Councilmember Basgall recusing)

Staff: Briana Parra, City Clerk
Recommendation: Adopt

ATTACHMENTS: None

This item is on the regular agenda because at introduction it was approved with a less than unanimous vote.

Please direct questions to the City Manager’s office at 559-324-2060. 61 AGENDA ITEM NO. 14.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: September 3, 2024
SUBJECT: Consider items associated with approximately 1.73 acres of land located along the east side of Osmun Avenue and the west side of Baron Avenue, north of Second Street. Clovis 135 Osmun, LP, owner/applicant. a. Consider Approval - Res. 24-___, General Plan Amendment 2024 - 004, A resolution approving a CEQA exemption from furthe r environmental review and an amendment to the General Plan to re - designate the subject property from the Medium Density Residential (4.1-

7.0 dwelling units per acre) designation to the Medium High Density Residential (7.1-20 dwelling units per acre) designation. b. Consider Introduction - Ord. 24-___, Rezone 2024-003, An ordinance rezoning the subject property from the R-1 (Single-Family Residential Low Density) Zone District to the R-2 (Multifamily Medium High Density) Zone District, associated with approximately 1.73 acres of land located along the east side of Osmun Avenue and the west side of Baron Avenue, north of Second Street.

Staff: Liz Salazar, Assistant Planner
Recommendation: Approve

ATTACHMENTS: 1. Draft Resolution, GPA2024-004

2. Draft Ordinance, R2024-003

3. Applicant’s Justification Letter

4. Applicant’s Design Narrative

5. Correspondence from Agencies and Departments

6. Notice of Exemption

RECOMMENDATION
Staff and the Planning Commission recommend that the City Council approve General Plan Amendment (GPA) 2024 -004, including the California Environmental Quality Act (CEQA) exemption, and introduce Rezone (R) 2024-003.

62 AGENDA ITEM NO. 15.

EXECUTIVE SUMMARY
The Project requests the re-designation of the property’s land use designation from the Medium Density Residential (4.1 -7.0 dwelling units per acre) to the Medium High Density Residential (7.1-20 dwelling units per acre) classification. Coupled with the change in land use designation is a request to rezone the property from the existing R-1 (Single-Family Residential Low Density) Zone District to the R-2 (Multifamily Medium High Density) Zone District. Approval of these land use entitlements will allow the developer to proceed with the site plan review process where site specific details of the development are reviewed by staff.

BACKGROUND
 General Plan Designation: Medium Density Residential (4.1-7.0 du/ac)  Specific Plan Designation: Central Clovis Specific Plan  Existing Zoning: R-1 (Single-Family Residential Low Density)  Lot Size: ±1.73 acres
 Current Land Use: Dilapidated Church
 Adjacent Land Uses:
o North: Ponding Basin
o South: Single-family Residential
o East: Single-family Residential
o West: Multifamily Residential
 Previous Entitlements: None

PROPOSAL AND ANALYSIS
The applicant requests approval of GPA2024-004 and R2024-003 to allow the development of a multi-family senior rental housing development on a ±1.73-acre parcel that is located along the east side of Osmun Avenue and the west side of Baron Avenue, north of Second Street (see Figure 1 below). The Project site is mostly vacant with the exception of a dilapidated building formerly utilized as a church, along with an accessory structure. The Project is considered an infill development that is surrounded by existing single-family residences to the east and south, multifamily apartments to the west, and a ponding basin to the north.

Affordable Housing Project & Density Bonus Provisions
The applicant is an affordable housing developer and has described a plan to develop a 100% affordable, senior housing project on the site. State law and the City’s municipal code provide “Density Bonus” incentives for affordable housing projects, which allow an increase in maximum density above the standard density range together with incentives that may include adjustments to typical development standards (height, setbacks, parking, etc.) . The Project planned by the applicant is eligible for up to an 80% density bonus and other incentives as provided by Chapter

9.26 of the Clovis Municipal Code (CMC) - Affordable Housing Incentives: Density Bonus.

The circumstances involved with the project create a very unusual situation where the applicant has met with the neighborhood and described their intention to build a 47-unit complex (up to 3 stories), while the land use criteria under consideration by the City allow less -intense development, only 35 units and 2 stories. It is critical to note that the additional density and/or adjustments to development standards that are available thr ough the density bonus provisions described above are not subject to a discretionary approval by, or part of, the City Council’s 63 AGENDA ITEM NO. 15.
consideration. (See CMC § 9.26.030, subd. (D), and Gov. Code §§ 65589.5, subd. (j)(3) and 65915, subd. (f)(5).) The Project being evaluated is limited to the proposed Medium High Density General Plan Designation and R -2 Zone District, and the development that is permitted under these classifications.

FIGURE 1
Project Location

General Plan Amendment

General Plan Amendment Cycles
State law prohibits a local agency from amending its general plan more than four times during any calendar year with certain exceptions for affordable housing projects, court orders, etc . – (Gov. Code § 65358) . Because this GPA is in association with development of an affordable housing project, the GPA does not count against the limits established by Government Code § 65358.

= Project Site (1.73 acres)
64 AGENDA ITEM NO. 15.

General Plan Amendment Proposal
The applicant is requesting to amend the General Plan to modify the land use designation of the subject property from the current Medium Density Residential (4.1-7.0 du/ac) designation to the Medium High Density Residential (7.1-20.0 du/ac) designation. Under the existing General Plan land use designation (Medium Density Residential), the Project site could support the development of up to a maximum of twelve (12) residential units. With the proposed land use designation (Medium High Density Residential), the site could accommodate development of up to 35 residential units (not considering any additional units permitted under the applicable Density Bonus provisions). As illustrated in Figure 2 below, a narrow strip of land along the northern property line of the subject property is designated with the W ( Water) land use designation. This narrow strip of land is now owned by the Project applicant and intended for site development. Staff is recommending that the Water designation be eliminated and that a consistent land use designation be placed across the entire property.

FIGURE 2
General Plan Land Use Diagram
= Project Site (Proposed Medium High Density Residential) 65 AGENDA ITEM NO. 15.

The General Plan provides policies and actions to guide the orderly development of the City. A range of allow able density and intensity for each land use designation is provided within the Land Use Element of the General Plan. A general plan amendment is a change in City policy and therefore requires a compelling reason for such a change. According to the justification letter provided by the applicant, the change will have positive impacts by advancing several important goals of the General Plan, providing additional revenue for the City as a result of the development of an underutilized site, and providing a greater quantity of affordable rental units to meet lower income affordability needs. The details are further discussed in the justification letter provided by the applicant as part of the application (see Attachment 3).

GPA Neighborhood Meetings
On January 24, 2024, the applicant held an informational neighborhood meeting prior to submittal of the Project applications. During that meeting, the applicant described their initial plan to develop a 51-unit, 100% affordable, senio r housing project. Based on comments received during the informational meeting, neighborhood concerns included the three -story height, additional traffic in the neighborhood , and overflow of parking into the adjacent streets.

As a result of this meeting, the applicant modified the height of the building along the eastern elevation as an effort to create a more compatible transition adjacent to the single -family residences to the east and south of the Project. The height reduction along the eastern elevation resulted in the removal of four (4) units from the original proposal.

Per City policy for projects that include a general plan amendment, the applicant held a formal neighborhood meeting prior to the Planning Commission on June 26, 2024, at 6:00 p.m. a t the Clovis Transit Center. In attendance were the Project team, City staff , and approximately 20 neighbors. During that meeting, the applicant again described their plan to develop a 100% affordable senior housing project along with their modifications from the previous community meeting, including removing four (4) units and lowering the height of some buildings . As described above, the land use classifications proposed in conjunction with The Project will allow up to 35 units. The 47-unit total described by the applicant relies on receiving a density bonus, which is only available to an affordable housing project. Neighbors expressed the following remarks/concerns:

 Appreciated the applicant reducing the height to 2 stories on Baron Avenue, however, still have concerns for the 3-story portion.
 Concerns for an increase in traffic, including speeding on Baron and Osmun Avenues.
 Concerns that the Project is not providing enough parking stalls and will cause overflow street parking.
 Concerns that residents will create nuisances in the neighborhood.

At the time of this neighborhood meeting, the applicant explained that a traffic study had been commissioned and would be completed prior to the Planning Commission hearing. Details of the traffic study are explained further in this report. Additionally, the applicant completed an initial parking study in November of 2023 of five (5) comparable affordable senior rental projec ts and followed up with a second study in July of 2024 of seven (7) comparable projects. Collectively, 66 AGENDA ITEM NO. 15.
the parking stud ies concluded that the overall average parking demand is 0. 76 stalls per unit, which is under the one-to-one (1.0 stalls per unit) parking ratio proposed for this Project.

The applicant held a second required formal neighborhood meeting prior to t he City Council meeting on August 15, 2024, at 6:00 p.m. at the Clovis Transit Center. Four neighbors attended the meeting . A few questions were asked pertaining to traffic , parking, and trash enclosure details along with a comment from one neighbor expressing appreciation and support of the applicant’s development proposal.

Staff Evaluation of Neighborhood Concerns Focusing on Density and Height Though the applicant has described a plan to develop a 47 -unit complex with up to three -story buildings, these criteria are only possible through a Density Bonus agreement. The potential for a density bonus agreement is not a consideration for the p roposed land -use change.

Development under the proposed Medium High Density General Plan Designation and R-2 Zone District would be limited to 20 units per acre, with a total of 35 units, and with two -story construction. This density, development pattern, and height are generally consistent with the multifamily development that exists immediately west of the Project site. The additional units and building height that would be available through a density bonus agreement are not part of the City Council’s consideration of the Project.

Traffic Study and Circulation
A general plan amendment that requests to increase residential density needs to carefully address any potential traffic and circulation impacts. The Project’s main entrance is served by Osmun Avenue on the west, however, the site has been designed with a second access point along Baron Avenue so that vehicular traffic is distributed to either side of the development. The Project does not propose any modifications to the current General Plan street-circulation patterns.

The applicant provided a traffic study dated July 3, 2024, prepared by Peters Engineering Group.

The traffic study evaluated the 47-unit Project envisioned by the applicant in conjunction with a density bonus agreement, although only 35 units would otherwise be permitted by the proposed land use designations. Therefore, the evaluation completed by Peters Engineering should be viewed as a “worst-case” scenario. The traffic study analyzed the following intersections:

 Clovis and Sierra Avenues
 Phillip and Sierra Avenues
 Clovis Avenue and Third Street
 Osmun Avenue and Third Street
 Baron Avenue and Third Street
 Clovis Avenue and Fourth Street
 Clovis Avenue and Fifth Street

The Project is expected to generate approximately 154 vehicle trips per day with peak -hour traffic volumes at ten (10) trips during the a.m. peak hour and twelve (12) trips during the p.m. peak hour. As a comparison, if the Project site were developed consistent with the existing land use designation of Medium Density Residential, approximately 104 vehicle trips would be 67 AGENDA ITEM NO. 15.
generated per day with nine (9) trips during the a.m. peak hour and eleven (11) trips during the p.m. peak hour. Therefore, the proposed Project would generate fifty (50) additional trips per day, with two (2) additional trips during the a.m. peak hour and one (1) additional trip during the p.m. peak hour. No impacts to the intersections evaluated in conjunction with the traffic study were identified.

Vehicle Miles Traveled (VMT)
The City provides guidelines for the evaluation of transportation impacts for projects. The City guidelines indicate that certain projects are determined to screen out of a required vehicle miles traveled (VMT) analysis. If a project is determined to generate fewer than 500 vehicle trips per day, the project can be presumed to cause less -than-significant transportation impacts. The Project is expected to generate 154 trips per day; therefore, it is presumed to cause a less-than- significant transportation impact. Furthermore, the Project is located in a low -VMT area as identified in the City guidelines. No further analysis of VMT impacts is required.

Pedestrian Connectivity
The Project site is situated in close proximity to the Old Town Trail, which connects residents to a City -wide amenity and conveniences such as dining, entertainment, shopping, and employment within Old Town Clovis. To create pedestrian connectivity to Landmark Square amenities, such as the exist ing senior, transit centers, and future public library, the Project will be required to improve or establish a complete sidewalk connection. This will be reviewed and finalized through the site plan review process.

Water and Sewer Facilities
The Project has been evaluated by the Engineering Division for sewer and water services and has concluded that the Project would not negatively impact the City’s ability to provide a supply of water to the foreseeable users. Additionally, the City can adequately serve the Project without expansion of the current sewer system or treatment plant.

Consistency with General Plan Goals and Policies
The proposed Project would change the land use designation from Medium Density Residential to Medium High Density Residential. The change in land use designation would not conflict with goals and policies of the General Plan land use element. The following goals and policies reflect Clovis’ desire to maintain tradition of responsible planning and well-managed growth to preserve the quality of life in existing neighborhoods and ensure the development of new neighborhoods with an equal quality of life.

Goal 1: The quality of buildings and neighborhoods within the older parts of Clovis is in the same class as the quality of those in recently developed areas.

Policy 1.5 Open to changes. Be open to potential changes in land use circulation, and development standards to reposition areas identified on Figure LU-5 if necessary for revitalization and redevelopment.

Goal 5: A city with housing, employment, and lifestyle opportunities for all ages and incomes of residents.
68 AGENDA ITEM NO. 15.

Policy 5.2 Ownership and rental. Encourage a mixture of both ownership and rental options to meet varied preferences and income affordability needs.

Goal 6: A city that grows and develops in a manner that implements its vision, sustains the integrity of its guiding principles, and requires few and infrequent amendments to the General Plan.

Policy 6.1 Amendment criteria. The City Council may approve amendments to the General Plan when the City Council is satisfied that the following conditions are met:
 The proposed change is and will be fiscally neutral or positive.  The proposed change can be adequately served by public facilities and would not negatively impact service on existing development or the ability to service future development.

Policy 6.2 Smart growth. The city is committed to the following smart growth goals.  Create a range of housing opportunities and choices.
 Create walkable neighborhoods.
 Foster distinctive, attractive communities with a strong sense of place.  Strengthen and direct development toward existing communities.  Take advantage of compact building design.
 Enhance the economic vitality of the region.

Findings for General Plan Amendments
The findings to consider when deciding on a general plan amendment application and staff’s response to each of those findings are listed below.

1. The proposed amendment is internally consistent with the goals, policies, and actions of the General Plan.

Although the request will modify the land use diagram of the General Plan, as described in the section above, the proposed amendment is consistent w ith several goals and policies of the General Plan, including the development of a mix of different housing types and sizes. (See “Consistency with General Plan Goals and Policies” section above.) Therefore, the amendment is internally consistent with the General Plan.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

The Project was determined not to be detrimental to the public interest, health, safety, and convenience, or general welfare of the City. The Project will serve the public interest by providing additional housing options for the senior population. The Project is expected to comply with all applicable municipal code standards. Furthermore, the Project was determined to be exempt from the California Environmental Quality Act because the proposed Project meets certain requirements per Public Resources Code section 21080.40, subdivision (c).

69 AGENDA ITEM NO. 15.

3. If applicable, the parcel is physically suitable (including absence of p hysical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated project.

The Project site is physically suitable for the type and intensity of the proposed Project.

The Project site is a ±1.73 -acre infill site that is surrounded by existing residential developments to the east, west, and south, and a ponding basin to the north. The future residential development of the site will blend into the existing neighborhood as there are two multi-family projects to the west and the site is situated in close proximity to the Old Town Trail. The Project would not negatively impact the City’s ability to provide a supply and delivery of water to foreseeable users. Regarding sewer services, the Engineering Division has confirmed that the City can adequately serve the Project without modification or expansion of the sewer system or treatment plant.

4. There is a compelling reason for the amendment.

The project is infill development and is consistent with several goals and policies of the General Plan. If approved, the Project would develop an otherwise underused property, provide a City -wide needed housing type for seniors facing housing barriers , and contribute to the City’s housing stock.

Rezone
The proposed change in the land use designation also requires a change in the proper ty’s assigned zone district. The applicant is requesting to rezone the subject property from the current R-1 (Single-Family Residential Low Density) Zone District to the R-2 (Multifamily Medium High Density) Zone District. The R -2 Zone District is associa ted with moderately dense residential uses, including multifamily apartments, duplexes, townhouses, and small parcel, attached and detached single -family uses. With this Project, the applicant is proposing the development of multifamily apartments restrict ed to seniors aged 62 and older. The proposed zone district is consistent with the proposed Medium High Density Residential land use designation.

Site Plan Review
If approved, the Project will be reviewed in compliance with the site plan review process.

Additionally, the Project will be subjected to the CMC standards, which include quantifiable and measurable features of the building and the property, such as building height, required setbacks from property lines, building articulation, landscaping, lighting, etc.

Findings for Rezones
The findings to consider when deciding on a rezone application and staff’s response to each of those findings are listed below.

1. The proposed amendment is consistent with the goals, policies, and actions of the General Plan.

70 AGENDA ITEM NO. 15.

Although the request will modify the zoning district, as described in the above section, the proposed amendment is consistent with several goals and policies o f the General Plan, including the development of a mix of different housing types and sizes. (See “Consistency with General Plan Goals and Policies ” section above.) Therefore, the amendment is internally consistent with the General Plan. The proposed rezone to the R-2 Zone District is also consistent with the proposed Medium High Density Residential land use designation.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

The Project was determined not to be detrimental to the public interest, health, safety, and convenience, or general welfare of the City. The Project will serve the public interest by providing additional housing options for the senior population. The Proje ct is expected to comply with all applicable municipal code standards. Furthermore, the Project was determined to be exempt from the California Environmental Quality Act because the proposed Project meets certain requirements per Public Resources Code section 21080.40, subdivision (c).

3. The proposed amendment is internally consistent with other applicable provisions of the Development Code.

If approved, the proposed Project would be subject to review under the City’s multifamily design review and/or site plan review process as specified in the Development Code. Future development of the property will be subject to the development standards as specified for the R-2 zone district and the City’s adopted multifamily objective standards. To the extent the future development is eligible for a density bonus as specified in the Development Code, the provisions of Chapter 9.26 will be applied. Site-specific details for future development will be evaluated to ensure that all applicable development requirements of the municipal code are met.

4. The parcel is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/projects.

See number 3 under the “Findings for General Plan Amendment” section.

Planning Commission
The Planning Commission considered GPA2024-004 and R2024-003 at its regular meeting on July 25, 2024. Commissioners posed various questions related to the density and site development details that were addressed by staff.

There were a few neighbors in attendance and three individuals spoke against the project. Their concerns related to the project causing a change to the neighborhood’s characteristics and its impact on increased traffic, speeding, and parking.

The Planning Commission approved GPA2024-004 and R2024-003 with a 5-0 vote. 71 AGENDA ITEM NO. 15.

Public Comments
The City published a notice of this public hearing in The Business Journal on Friday, August 16, 2024. A public notice of this project was also mailed to property owners within 800 feet of the property boundaries. As of the completion of this staff report, staff has not received any comments from the public.

Review and Comments from Agencies
The Project was distributed to all City divisions as well as outside agencies, including Caltrans, Clovis Unified School District, Fresno Irrigation District, Fresno Metropolitan Flood Control District, AT&T, PG&E, San Joaquin Valley Air Pollution Control District, State Department of Fish and Wildlife, and the County of Fresno.

Comments received are attached (see Attachment 5) only if the agency has provided concerns, conditions, or mitigation measures. Routine responses and comment letters are placed in the administrative record and provided to the applicant for their records.

California Environmental Quality Act (CEQA)
In November of 2021, the City Council adopted Resolution 21-132, approving an environmental finding of a mitigated negative declaration for a 40 -unit multi -family project proposed on the subject property. A notice of determination (NOD) was filed by the City in conjunction with the approval of the mitigated negative declaration. The land use applications under consideration at that time (GPA 2018-003 and Rezone 2018-009) were not approved. However, the approval of the environmental document for the previous project remains intact. The applications currently under review would permit development up to 20 units per acre, resulting in a total of 35 units, which is similar to, but slightly less intense than, the Project evaluated under the previously approved mitigated negative declaration.

Notwithstanding the City’s adoption of Resolution 21 -132, a review of the Project features as currently proposed has been completed, asses sing the Project’s impact on natural and manmade environments, as required by the State of California. The evaluation determined that the Project qualifies for an exemption from further CEQA review pursuant to Public Resources Code section 21080.40, subdi vision (b) (“AB 1449”). AB 1449 exempts the issuance of entitlements, including the issuance of general plan amendments and rezones related to eligible affordable housing projects. (Pub. Res. Code § 21080.40, subd. (b)(1) and (5).)

In summary, AB 1449 exe mpts 100% affordable projects from CEQA that meet certain standards, including but not limited to:

 At least two-thirds of the square footage of the project is designed for residential use;  The project meets specified labor standards;
 Certain project location prerequisites;
 75% of the perimeter of the project site adjoins developed urban uses;  Subject to a recorded California Tax Credit Allocation Committee regulatory agreement;  The project site can be served by existing utilities or extensions; 72 AGENDA ITEM NO. 15.
 The project is not built on environmentally sensitive or hazardous land, does not contain tribal cultural resources, not within a very high fire hazard severity zone, or an earthquake fault zone; and
 Satisfies the requirements specified in Government Code section 65 913.4, subdivision (a)(6)(B)-(K).

A Notice of Exemption has been completed during the preliminary review and is kept for public review with the Project file during the processing of the Project application. Staff will file the notice with the County Clerk if the Project is approved.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The proposed infill development will provide additional housing for an underserved population and a quality residential environment for this area of the City as envisioned by the General Plan.

The Project does not substantially impact City sewer and water infrastructure, or other public services. As indicated in the sections above, the Project is consistent with the goals and policies of the General Plan and Clovis Municipal Code. Therefore, staff and the Planning Commission recommend that the City Council approve an environmental finding of CEQA exemption pursuant to AB 1449, approve GPA2024-004, and introduce R2024-003.

ACTIONS FOLLOWING APPROVAL
The second reading of the rezoning ordinance will be brought back to the City Council for consideration at the September 16, 2024 meeting or as soon thereafter as possible. After final action on the general plan amendment and rezone, the developer will proceed with the site plan review where site specific details of the development are reviewed by staff.

CONFLICT OF INTEREST
None.

Prepared by: Liz Salazar, Assistant Planner

Reviewed by: City Manager AH
73 AGENDA ITEM NO. 15.

Attachment 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING GENERAL PLAN AMENDMENT 2024-004 TO AMEND THE 2014 CLOVIS GENERAL PLAN LAND USE ELEMENT FOR APPROXIMATELY 1.73 ACRES LOCATED ALONG

THE EAST SIDE OF OSMUN AVENUE AND THE WEST SIDE OF BARON AVENUE, NORTH OF SECOND STREET FROM MEDIUM DENSITY RESIDENTIAL (4.1-7.0

DWELLING UNITS PER ACRE) DESIGNATION TO THE MEDIUM HIGH DENSITY RESIDENTIAL (7.1-20.0 DWELLING UNITS PER ACRE) DESIGNATION AND FINDING

THE PROJECT EXEMPT FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.40

WHEREAS, the Project proponent, Clovis 135 Osmun, LP, 3128 Willow Avenue, Suite 101, Clovis, CA 93612, submitted an application for General Plan Amendment (GPA) 2024 -004 in connection with the proposed development of a 47-unit 100% affordable senior rental housing project (“Project”) on approximately 1.73 acres of property located along the east side of Osmun Avenue and the west side of Baron Avenue, north of Second Street (“Property”); and

WHEREAS, GPA2024-004 proposes to amend the 2014 Clovis General Plan for the Property from the Medium Density Residential designation to the Medium High Density Residential designation; and

WHEREAS, the Planning Commission considered GPA2024 -004 at a duly noticed public hearing on July 25, 2024, at which time the Planning Commission adopted a resolut ion recommending approval of the Project; and

WHEREAS, because GPA2024 -004 is in association with development of an affordable housing project, the GPA does not count against the limits established by Government Code section 65358, subdivision (c), which otherwise prohibits local agenc ies from amending a general plan more than four (4) times during any calendar year; and

WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on August 16, 2024, mailed public notices to property owners within 800 feet of the Property more than ten (10) days prior to the City Council hearing, and otherwise posted notice of the public hearing according to applicable law; and

WHEREAS, a duly noticed public hearing was held on September 3, 2024; and

WHEREAS, in November of 2021, the City Council adopted Resolution 21-132, approving an environmental finding of a mitigated negative declaration for a 40 unit multi-family project on the Property. A notice of determinati on (NOD) was filed by the City in conjunction with the approval of the mitigated negative declaration. The land use applications under consideration at that time (GPA 2018-003 and Rezone 2018-009) were not approved. However, the approval of the environmen tal document for the project remains intact. The applications currently under review would permit development similar to, but slightly less intense than, the project evaluated under the previously approved mitigated negative declaration; and 74 AGENDA ITEM NO. 15.

WHEREAS, notwithstanding the City’s adoption of Resolution 21 -132, the City Council considered the California Environmental Quality Act (CEQA) analysis outlined in the staff report and elsewhere in the administrative record, which determined the specific features of the current Project meet the requirements for an exemption from further environmental review under CEQA pursuant to Public Resources Code section 21080.40, subdivision (b) (“AB 1449”); and

WHEREAS, the City Council has had an opportunity to review and c onsider the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an informed decision, including, but not nece ssarily 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.

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

1. The Project satisfies the required findings for approval of a general plan amendment, as follows:

a. The GPA2024-004 is internally consistent with the goals, policies, and actions of the General Plan.

b. The GPA2024-004 would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

c. The Property is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the development of the Project.

d. There is a compelling reason for the amendment, namely, to facilitate development of an underutilized lot and to provide housing to an underserved population in a manner that will help the City to achieve its goals and policies under the General Plan.

2. The City Council finds that there is no possibility the Project could have a significant effect on the environment and that the Project meets the requirements for an exemption from further environmental review under CEQA pursuant to AB 1449.

3. The basis for the findings is detailed in the September 3, 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.

4. GPA2024-004 is hereby approved.

* * * * *

75 AGENDA ITEM NO. 15.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: September 3, 2024

______________________________ ______________________________ Mayor City Clerk

76 AGENDA ITEM NO. 15.

Attachment 2
ORDINANCE 24-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING SECTION 9.080.020 OF CHAPTER 9.08 OF TITLE 9 OF THE CLOVIS MUNICIPAL CODE TO REZONE APPROXIMATELY 1.73 ACRES FROM THE R-1 (SINGLE-FAMILY RESIDENTIAL LOW DENSITY) ZONE DISTRICT TO THE R-2 (MULTIFAMILY MEDIUM

HIGH DENSITY) ZONE DISTRICT FOR PROPERTY LOCATED ALONG THE EAST SIDE

OF OSMUN AVENUE AND THE WEST SIDE OF BARON AVENUE, NORTH OF SECOND

STREET AND FINDING THE PROJECT EXEMPT FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.40

WHEREAS, Clovis 135 Osmun, LP, 3128 Willow Aven ue, Suite 101, Clovis, CA 93612, submitted an application for Rezone (R) 2024-003 in connection with the proposed development of a 47 -unit 100% affordable senior rental housing project (“Project ”) on approximately 1.73 acres of property located along the e ast side of Osmun Avenue and the west side of Baron Avenue, north of Second Street (“Property”); and

WHEREAS, R2024-003 proposes to rezone the Property from the R -1 (Single -Family Residential Low Density) Zone District to the R -2 (Multifamily Medium High Density) Zone District; and

WHEREAS, the Planning Commission held a duly noticed public hearing on July 25, 2024, to consider the Project approval, 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 approve R2024-003; 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 Business Journal on August 16, 2024, mailed public notices to property owners w ithin 800 feet of the Property at least 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 September 3, 2024, to consider approval of R2024-003; and

WHEREAS, in November of 2021, the City Council adopted Resolution 21-132, approving an environmental finding of a mitigated negative declaration for a 40 -unit multi-family project on the subject Property. A notice of determination (NOD) was filed by the City in conjunction with the approval of the mitigated negative declaration. The land use app lications under consideration at that time (GPA 2018 -003 and Rezone 2018 -009) were not approved.

However, the approval of the environmental document for the project remains intact. The applications currently under review would permit development similar to, but slightly less intense than, the project evaluated under the previously approved mitigated negative declaration; and
77 AGENDA ITEM NO. 15.

WHEREAS, notwithstanding the City’s adoption of Resolution 21 -132, the City Council considered the California Environmental Quality Act (CEQA) analysis outlined in the staff report and elsewhere in the administrative record, which determined the specific features of the current Project meet the requirements for an exemption from further environmental re view under CEQA pursuant to Public Resources Code section 21080.40, subdivision (b) (“AB 1449”); 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 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 and staff presentation, the written materials submitt ed 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 FINDS AS FOLLOWS:

1. The proposed rezone is consistent with the goals, policies, and actions of the adopted General Plan.

2. The proposed rezone would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

3. The Property is physically suitable (inclu ding 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. The proposed rezone is internally consistent with other applicable prov isions of the Development Code.

5. The City Council finds that the Project meets the requirements for an exemption from further environmental review under CEQA, pursuant to AB 1449.

6. The basis and evidence for the fin dings are detailed in the September 3, 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 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.

78 AGENDA ITEM NO. 15.

From the R-1 (Single-Family Residential Low Density ) Zone District to the R-2 (Multifamily Medium High Density) 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: September 3, 2024

______________________________ ______________________________ Mayor City Clerk

* * * * * * * * * *

The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on September 3, 2024 , and was adopted at a regular meeting of said Council held on September 16, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: September 16, 2024

___________________________________
City Clerk

79 AGENDA ITEM NO. 15.

ATTACHMENT A

LEGAL DESCRIPTION

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF FRESNO, CITY OF CLOVIS, DESCRIBED AS FOLLOWS:

THAT PORTION OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, LYING EAST OF THE

CENTERLINE OF OSMUN STREET PRODUCED NORTHERLY AND WEST OF THE CENTER-LINE OF THE ALLEY IN BLOCK 11 OF EAST CLOVIS ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 2 OF RECORD OF SURVEYS AT PAGE 47, FRESNO COUNTY RECORDS, WHEN SAID CENTER-LINE OF ALLEY IS PRODUCED NORTHERLY.

EXCEPTING THEREFROM THE NORTH 173 FEET THEREOF.

TOGETHER WITH

THE SOUTH 150 FEET OF THE EAST 475.73 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLATS;

EXCEPTING THEREFROM THE EAST 275.73 FEET THEREOF.

ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL FOR STREET PURPOSES; BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT NO. 2860, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 32 PAGE 40 OF PLATS,

RECORDS OF FRESNO COUNTY, ALSO BEING A POINT ON THE CENTERLINE OF BARON AVENUE; THENCE NORTH 00° 35’ 42" EAST, A DISTANCE OF 150 FEET; THENCE WESTERLY A DISTANCE OF 16.00 FEET ALONG A LINE PARALLEL TO SOUTH LIN E OF

THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 21 EAST, ACCORDING TO THE UNITED

STATES GOVERNMENT TOWNSHIP PLATS APPROVED BY THE SURVEYOR GENERAL ON JULY 15, 1854; THENCE SOUTHWESTERLY A DISTANC E OF 152 FEET, TO AN

INTERSECTING POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4, BEING

31.00 FEET WEST OF THE SOUTHWEST CORNER OF TRACT NO. 3860; THENCE EASTERLY ON SAID SOUTH LINE A DISTANCE OF 31.00 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH THAT CERTAIN REAL PROPERTY LOCATED IN THE EAST 475.73

FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 13
SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE

UNITED STATES GOVERNMENT TOWNSHIP PLATS APPROVED BY THE SURVEYOR GENERAL ON JULY 15, 1854.

80 AGENDA ITEM NO. 15.

EXCEPTING THE EAST 275.73 FEET; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE SOUTH 17 FEET OF THE NORTH 180 FEET OF THE EAST 475.73 FEET OF THE

SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 4, EXCEPTING THE EAST 275.73 FEET.

TOGETHER WITH

LOTS 21 AND 22 OF BLOCK 11 OF EAST CLOVIS, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 2, PAGE 47 OF REC ORDS OF SURVEYS, RECORDS OF SAID COUNTY

TOGETHER WITH, THAT PORTION OF AN UNNAMED PUBLIC STREET AS ABANDONED BY AND PURSUANT TO THE PROVISIONS AS DISCLOSED RESOLUTION NO. 96 -65, RECORDED AUGUST 23, 1996, AS INSTRUMENT NO. 96104979, DESCRIBED AS FOLLOWS:

A PARCEL OF LAND IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 21 EAST,

MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNE R OF LOT 22, BLOCK 11, OF THE TOWN OF EAST CLOVIS AS SHOWN ON MAP THEREOF RECORDED IN BOOK 2 OF RECORD OF SURVEYS, AT PAGE 47, FRESNO COUNTY RECORDS; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 22 TO THE NORTHEAST CORNER OF SAID LOT 22;

THENCE NORTHERLY ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 22, SAID EASTERLY LINE ALSO BEING THE WESTERLY LINE OF THE ALLEY IN SAID BLOCK 11, TO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF

LAND DESCRIBED IN DEED TO INTERNATIONAL CHURCH OF TH E FOURSQUARE GOSPEL, RECORDED JUNE 29, 1960, IN BOOK 4407 AT PAGE 465, OFFICIAL RECORDS

OF SAID COUNTY, SAID SOUTHERLY LINE ALSO BEING THE NORTHERLY LINE OF SAID SOUTH HALF; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO ITS

INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 22, LAST SAID WESTERLY LINE ALSO BEING THE EASTERLY LINE OF OSMUN STREET AS SHOWN ON SAID MAP OF THE TOWN OF EAST CLOVIS; THENCE

SOUTHERLY ALONG LAST SAID NORTHERLY PROLONGATION TO THE POINT OF BEGINNING.

TOGETHER WITH

THE SOUTH 9.06 FEET OF THE NORTH 173.00 FEET OF SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, LYING

EAST OF THE CENTER-LINE OF OSMUN STREET PRODUCED NORTHERLY AND WEST OF THE CENTER-LINE OF THE ALLEY IN BLOCK 11 OF EAST CLOVIS ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 2 OF RECORD OF SURVEYS AT PAGE 47, 81 AGENDA ITEM NO. 15.

FRESNO COUNTY RECORDS, WHEN SAID CENTERLINE OF ALLEY IS PRODUCED NORTHERLY.

EXCEPTING THEREFROM THE WEST 35.00 FEET THEREOF.

82 AGENDA ITEM NO. 15.

560 Mission Street, Suite 1900 | San Francisco, CA 94105 | T 415.743.6900 | F 415.743.6910 Holland & Knight LLP | www.hklaw.com
Daniel R. Golub
+1 415-743-6976
[email protected]
Luca Trumbull
+1 213-896-2521
[email protected]

March 7, 2024
Department of Planning and Development Services
City of Clovis
1033 5th Street
Clovis, CA 93612
Re: General Plan Amendment Justification Letter for the Proposed Affordable Housing Development Project at 135 Osmun Avenue
To whom it may concern:

This letter of justification is submitted on behalf of Clovis 135 Osmun, LP (“Applicant”) and pertains to the Applicant’s proposed 47-unit, 100% affordable hous ing development project (“Project”) located at 135 Osmun Avenue (APNs 492-080-74, 492-080-85, 492-080-86) (“Project Site”). The Project Site is currently designated as Medium Density Residential (4.1-7.0 du/ac) in the Clovis General Plan and is located within the R-1 zone. The Applicant proposes a General Plan amendment and a corresponding rezoning to facilitate the development of a multi- family residential housing development project with a base density of at least 15.0 du/ac.

Pursuant to the City of Clovis submittal requirements for General Plan amendments, Applicant is required to submit this letter of justification explaining in detail the request to amend the General Plan. Exhibit A of this letter identifies key goals, policies, and objectives that support the requested land use change, as well as justifications for each required finding ne eded to approve a General Plan amendment pursuant to the Clovis Municipal Code (“CMC”).

Sincerely yours,

HOLLAND & KNIGHT LLP
Daniel R. Golub
Luca Trumbull

Attachment 3
83 AGENDA ITEM NO. 15.

Department of Planning and Development Services
March 7, 2024

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#243168689_v4
Exhibit A
General Plan
Provided below is an analysis of how the Project will advance the goals stated in the Clovis General Plan. All relevant goals and policies are found within the Land Use Element of the Clovis General Plan. Responses to each policy are italicized.

Goal 5: A city with housing, employment, and lifestyle opportunities for all ages and incomes of residents.

Policy 5.2 Ownership and rental. Encourage a mixture of both ownership and rental options to meet varied preferences and income affordability needs.

The Project will advance Goal 5 by providing dense affordable rental housing consisting of diverse unit types that reflect the preferences of individuals at every stage of life. The Project proposes affordable multifamily housing in a location largely surrounded by single-family uses and will constitute one piece of a diverse neighborhood containing individuals with varied housing preferences from all income backgrounds.

Policy 5.6 Workforce housing. Encourage the development of workforce housing that serves the needs of those working in Clovis.

The Project will advance Goal 5 by increasing the supply of housing that is affordable to Clovis’ working population and will increase the inventory of such housing in the City’s core, thus enabling the City’s workforce to live near where they work. As of January 1, 2024, minimum wage earners in Clovis earn $16 per hour or approximately $33,280 per year before taxes, and the U.S. Census Bureau calculates that the median rent in Clovis from 2018-2022 was $1,482 per month, or $17,784 annually
1, indicating that many minimum wage workers likely spend greater than 30% of their annual income on rent. This Project will reduce the financial burdens on working class families by enabling additional workers to live in Clovis in affordable dwelling units.

Goal 6: A city that grows and develops in a manner that implements its vision, sustains the integrity of its guiding principles, and requires few and infrequent amendments to the General Plan.

Policy 6.1 Amendment criteria. The City Council may approve amendments to the General Plan when the City Council is satisfied that the following conditions are met:

A. The proposed change is and will be fiscally neutral or positive.

1 https://www.census.gov/quickfacts/fact/table/cloviscitycalifornia/PST045223 84 AGENDA ITEM NO. 15.

Department of Planning and Development Services
March 7, 2024

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The proposed change will be fiscally positive for the City over time because property taxes are directly correlated with property values. The assessed value of the Project Site according to the Fresno County Assessed Value Lookup tool is $300,747.
2 For comparison, in the years since a
developer received approval to construct a multifamily residential project on Ashlan and Temperance Avenues (APN 555-110-52), the property value increased from $491,878 to $10,158,020 – an increase of 1,965.15%.
34 Even if one applies a more conservative estimate of the Project Site’s appreciation, the increased value of the Project Site will translate into increased tax revenues for the City due to the proposed General Plan amendment.

B. The proposed change can be adequately served by public facilities and would not negatively impact service on existing development or the ability to service future development.

An initial study conducted in October 2021 examined the same site for a different proposed project and concluded that the Project Site is capable of being served by public facilities. It noted that connection to existing infrastructure would only require “[m]inor trenching and digging [for] the installation of necessary pipelines typical of multifamily development.” 5 C. The proposed change is consistent with the Urban Village Neighborhood Concept when within an Urban Center.

The Project Site is not located within an Urban Center.

D. General Plan amendments proposing a change from industrial, mixed-use business campus, or office (employment generating) land use designations to non-employment- generating land use designations shall be accompanied by an analysis of the potential impacts on the City’s current and long-term jobs-housing ratio, as well as an evaluation on the change or loss in the types of jobs.

The Project does not propose a change from an industrial, mixed-use business campus, or office use. The current land use designation at the Project Site is medium density residential (with R-1 zoning).

We note further that it is only necessary that a project be “‘in agreement or harmony with’ ” the terms of the applicable plan, not in rigid conformity with every detail thereof.” San Franciscans Upholding the Downtown Plan v. City & County of San Francisco (2002) 102 Cal.App.4th 656, 678 (citations omitted). “Because policies in a general plan reflect a range of competing interests, the governmental agency must be allowed to weigh and balance the plan's policies

2 https://www.fresnocountyca.gov/Departments/Assessor/Value 3 Id.
4 https://www.zillow.com/homedetails/2617-Ashlan-Ave-Clovis-CA-93611/119596038_zpid/ 5 See Osmun & Baron Multifamily Project Initial Study/Mitigated Negative Declaration at p. 8, found here:
https://cityofclovis.com/wp-content/uploads/2021/10/GPA2018-003-R2018-009-SPR2018-018_ISMND.pdf 85 AGENDA ITEM NO. 15.

Department of Planning and Development Services
March 7, 2024

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#243168689_v4
when applying them, and it has broad discretion to construe its policies in light of the plan's purposes.” Save our Peninsula Committee v. Monterey County Board of Supervisors (2001) 87 Cal.App.4th 99, 142. The proposed project and requested approvals easily meet the applicable legal requirement to be generally in harmony with the City’s General Plan.

Clovis Municipal Code
CMC section 9.86.060 provides that General Plan amendments may only be approved if the Project can satisfy all of the following findings:

1. The proposed amendment is internally consistent with the goals, policies, and actions of the General Plan;

See above. This General Plan amendment seeks to change the land use designation on the Project Site to allow for a greater quantity of affordable rental units than currently permissible.

In all other aspects, the General Plan remains unchanged. Affordable rental units will advance the goals of the General Plan by accommodating for the needs of low income renters in Clovis, thus helping to produce an income-diverse City within which workers can afford to live.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;

The Project will be beneficial to the public interest, health, safety, convenience, or general welfare of the City because it will provide housing for economically diverse communities in fulfillment of the City’s stated General Plan goals. Furthermore, the Osmun & Baron Multifamily Project Initial Study examined the Project Site and did not identify any significant environmental impacts at the Project Site that could not be successfully mitigated, and the Project as designed will comply with all applicable local and state laws governing design.

3. If applicable, the parcel is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities for the requested/anticipated project.

The Osmun & Baron Multifamily Project Initial Study examined the Project Site in the context of a proposed 40-unit multifamily development and concluded that the Project Site is physically capable of supporting a large-scale multifamily development with no unmitigable significant environmental impacts and can connect to existing utility infrastructure with relative ease.

Additionally, the Project is compatible with adjoining land uses because it will develop another residential use in an area predominated by residential uses.

4. There is compelling reason for the amendment.

Fresno Council of Government’s Sixth Cycle Regional Housing Needs Assessment (“RHNA”) provides that the City needs to construct 8,977 residential dwelling units, of which 4,475 must be 86 AGENDA ITEM NO. 15.

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March 7, 2024

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affordable to very-low or low income residents.6 The Project will meaningfully contribute to the City’s RHNA and General Plan goals by offering affordable housing to Clovis residents. The current land use designation at the Project Site allows for a residential density of 4.1-7.0 du/ac.

Under this land use designation, the Project as proposed would violate the City’s General Plan because it would exceed the maximum permissible base density. For this Project to advance the City’s stated General Plan goals, the Project requires this General Plan amendment.

6 https://fresnocog.wpenginepowered.com/wp-
content/uploads/2022/11/FCOG_RHNP_Public_Review_Final_November_2022_Compiled.pdf 87 AGENDA ITEM NO. 15.
135 OSMUN AVENUE – DESIGN NARRATIVE

1 This site is approximately 1.5 acres near downtown Clovis. It is located in a residential neighborhood with a mix of single-family homes, duplexes, and multifamily housing. The site is a couple blocks away from the new Landmark Square Senior Center and Transit Center. This proximity lends itself well to a senior housing population. The project will be 47 units of affordable senior residences, including 1 manager’s unit. There will be two elevators, amenity spaces, and an outdoor central courtyard. The building will be a two-and-three- story, type V-A wood frame building.

The project will have a mix of (44) one-bedroom units, (2) two-bedroom units, and (1) three-bedroom manager’s unit. All units will have an outdoor patio area or balcony. Property amenities include a community center, a library room, a lounge, trash chutes, laundry facilities, a courtyard with large and small-scale gathering areas, and a sports court. Two elevators provide redundancy in the event of maintenance.

The project provides generous outdoor areas, both private and shared. Units along the north side will have views toward the open field area that is used for flood management. This can be a focal point for residents, whether it is dry, green, or full of water, and is not likely to be built upon, meaning this view is expected to remain for the foreseeable future. A pass-through open space at the ground floor creates an additional connection between that natural space and the central courtyard. The south facing community spaces and courtyard provide access to sunlight and fresh air as well as a sense of gathering and community that is shared by all. The large patio space immediately adjacent to the community room blends indoor and outdoor space.

This emphasis on outdoor gathering will enhance the health and social interaction of the residents.

The building has been setback 10-15 feet on the west, north, and south sides, and more than 100’ on the east side to provide a buffer to the single-family residences on Baron Avenue, 1st Street, and Phillip Avenue. The massing of the building has been lowered to 2-stories on the east side, to better relate to the single-family nature on that side of the site.

The community has been designed with “walkability” in mind. Interior sidewalks will have a direct connection to the public sidewalk and interior routes of travel are easily defined with sufficient access to common open space and parking. Sidewalks along Osmun Avenue and Baron Avenue are proposed to connect the residents with the nearby senior and transit center and the downtown area better. This will promote walking to local shops and restaurants, which will boost sales for the area and keep residents active. Both street frontages will Attachment 4
88 AGENDA ITEM NO. 15.
135 OSMUN AVENUE – DESIGN NARRATIVE

2 include a parkway strip for shade trees to lower summer temperatures on-site and for the broader neighborhood.

Architecturally, the bulk of the building will have a white board-and-batten look, utilizing a fiber-cement siding product. The façade articulations have a green gradient color scheme to avoid a monotonous streetscape.

Metal sunshades and balconies will provide additional façade articulation. The community areas will deviate from the board-and-batten and relate to Landmark Square using large volumes of glass, wood materials and colors, and expressed structure. Low-wattage LED lighting on the north elevation will gently reflect off the flood basin, giving subtle interest from Sierra Avenue. A low slope roof with deep overhangs will make up most of the roof, with parapets at the community space. The project intends to maximize space for rooftop photovoltaics.

The Clovis Zoning Code requires a 1.25 to 1 parking ratio for a senior population, which would require 59 stalls. Affordable housing typically needs substantially less parking than market rate, with seniors needing even less than other populations. The project will provide 47 parking spaces, or 1 space per residence. State density bonus law will be applied to accommodate the reduced parking.

We feel strongly that this design enhances the opportunity for residents that may be coming from challenging life circumstances to form new relationships that will help stabilize their lives. It will be a wonderful place to live for both active and limited mobility seniors because of its location and the form of the building we have conceived. The architecture relates to the surrounding neighborhood and the new senior center. This project will be an asset to its neighborhood and to the City of Clovis. 89 AGENDA ITEM NO. 15.

Fresno Metropolitan Flood Control District
Capturing Stormwater since 1956

k:\letters\rezone letters\clovis\2024\2024-003(6d)(az).docx 5469 E. Olive Avenue • Fresno, CA 93727 • (559) 456-3292 • FAX (559) 456-3194 www.fresnofloodcontrol.org
File 210.432 “2024-021”
210.434 “2024-003”
210.435 “2024-003”
400.11

June 21, 2024

Liz Salazar, Assistant Planner
City of Clovis
Department of Planning and Development Services
1033 Fifth Street
Clovis, CA 93612

Dear Ms. Salazar,

Rezone Application No. 2024-003
General Plan Amendment 2024-003
North of Second Avenue on Osmun Avenue
Drainage Area “6D”

The proposed rezone and general plan amendment lie within the District’s Drainage Area “ 6D”.

Based on information submitted at this time, the District’s system can accommodate the proposed rezone and general plan amendment.

Please contact us if you need further information at (559) 456-3292.

Sincerely,

Anthony Zaragoza
Engineer III

AZ/lrl

Attachment 5
90 AGENDA ITEM NO. 15.

PROJECT NO:

APN:

ADDRESS:

SENT:
2024-021
135 OSMUN AVE.
492-080-74, 85, 86, 492-080-93
June 21, 2024

PUBLIC AGENCY

LIZ SALAZAR

PLANNING AND DEVELOPMENT SERVICES

CITY OF CLOVIS
1033

FIFTH STREET

CLOVIS, CA
93612

DEVELOPER
CLOVIS
135

OSMUN, LP
3128

WILLOW AVENUE SUITE
#101

CLOVIS, CA
93612
Drainage Area(s)
Preliminary Fee(s)
6D
$23,843.00
Development Review
Service Charge(s)
Fee(s)
NOR Review
$69.00
To be paid prior to release of District comments to Public Agency and Developer.

Grading Plan Review
$351.00
Amount to be submitted with first grading plan submittal.

Total Drainage Fee: $23,843.00
Total Service Charge: $420.00
The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan. Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements.

Pursuant to the District
’
s Development Review Fee Policy, the subject project shall pay review fees for issuance of this Notice of Requirements (NOR) and any plan submittals requiring the District ’
s reviews. The NOR fee shall be paid to the District by Developer before the Notice of Requirement will be submitted to the City. The Grading Plan fee shall be paid upon first submittal. The Storm Drain Plan fee shall be paid prior to return/pick up of first submittal.

The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to issuance of a building permit at the rates in effect at the time of such issuance. The fee indicated above is valid through 2/28/25
based on the site plan
submitted to the District on
5/30/24
Contact FMFCD for a revised fee in cases where changes are made in the proposed site plan which materially alter the proposed impervious area.

Considerations which may affect the fee obligation(s) or the timing or form of fee payment:
a.)
Fees related to undeveloped or phased portions of the project may be deferrable. b.)
Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration.
c.)
Creditable storm drainage facilities may be constructed, or required to be constructed in lieu of paying fees. d.)
The actual cost incurred in constructing Creditable drainage system facilities is credited against the drainage fee obligation.
e.)
When the actual costs incurred in constructing Creditable facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. f.)
Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the General Manager of the District within 60 days from payment of the fee. A non refundable $300 Administration fee or 5% of the refund whichever is less will be retained without fee credit. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS
File No. 210.432

Page 1 of 3 ends

91 AGENDA ITEM NO. 15.

Approval of this development shall be conditioned upon compliance with these District Requirements.

1. a.

Drainage from the site shall
X
b.

Grading and drainage patterns shall be as identified on Exhibit No. 1.

The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and Flood Control Master Plan.

2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency:

X
Developer shall construct facilities as shown on Exhibit No. 1 as MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER.

None required.

3. The following final improvement plans and information shall be submitted to the District for review prior to final development approval:

X
Grading Plan

Street Plan

Storm Drain Plan

Water & Sewer Plan

Final Map
X
Drainage Report (to be submitted with tentative map)

Other

None Required

4. Availability of drainage facilities:

X
a.

Permanent drainage service is available provided the developer can verify to the satisfaction of the City that runoff can be safely conveyed to the Master Plan inlet(s).

The construction of facilities required by Paragraph No. 2 hereof will provide permanent drainage service.

Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available.

See Exhibit No. 2.

5. The proposed development:

Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain management action. (See attached Floodplain Policy.)
X
Does not appear to be located within a flood prone area.

6. The subject site contains a portion of a canal or pipeline that is used to manage recharge, storm water, and/or flood flows. The existing capacity must be preserved as part of site development. Additionally, site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS

Page 2 of 3 ends

92 AGENDA ITEM NO. 15.

7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities (State General Permits) require developers of construction projects disturbing one or more acres, and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES) permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than storm water to the municipal storm drain system, and meet water quality standards. These requirements apply both to pollutants generated during construction, and to those which may be generated by operations at the development after construction.

State General Permit for Storm Water Discharges Associated with Construction Activities, effective July 1, 2010, as amended. A State General Construction Permit is required for all clearing, grading, and disturbances to the ground that result in soil disturbance of at least one acre (or less than one acre) if part of a larger common plan of development or sale). Permittees are required to: submit a Notice of Intent and Permit Registration Documents to be covered and must pay a permit fee to the State Water Resources Control Board (State Board), develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, and complete an annual certification of compliance.

State General Permit for Storm Water Discharges Associated with Industrial Activities, April, 2014 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification (SIC) code. The following categories of industries are generally required to secure an industrial permit: manufacturing; trucking; recycling; and waste and hazardous waste management. Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to: submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board, develop and implement a storm water pollution prevention plan, eliminate non-storm water discharges, conduct routine site inspections, train employees in permit compliance, sample storm water runoff and test it for pollutant indicators, and annually submit a report to the State Board.

The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines (available at the District Office) to meet the requirements of the State General Permits, eliminate the potential for non-storm water to enter the municipal storm drain system, and where possible minimize contact with materials which may contaminate storm water runoff.

8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements.

9. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies.

10. X
See Exhibit No. 2 for additional comments, recommendations and requirements.

Brent Sunamoto
Anthony Zaragoza
District Engineer, RCE
Engineer III
Digitally signed by Brent Sunamoto Date: 6/21/2024 9:47:23 AM Digitally signed by Anthony Zaragoza Date: 6/18/2024 9:27:29 AM 5469 E. OLIVE - FRESNO, CA 93727 - (559) 456-3292 - FAX (559) 456-3194

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT

NOTICE OF REQUIREMENTS

Page 3 of 3 ends

93 AGENDA ITEM NO. 15.

DDDDDDDDDDDDDDDDD D D
DD
D
D
D

DDDDDDDDDD

D D D D D D D D D D D D D

D D D D D D D D D D D D D D D D D D D D D D D D D D D D

DDDDDDDDDDDDD
D
D
D
D
D
D
D
D
r
r
r
15 rr
r
r
r

SECOND ST

BARON AVE
OSM

UN AVE

PHILLIP AVE
ALLEY

OSMUN CIR

FIRST ST
ALLEY
24 24
''6D''
BASIN
''6D''

FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
EXHIBIT NO. 1
CL SPR 2024-021
Prepared by: alexm
Date: 6/5/2024
Path: K:\Autocad\DWGS\0EXHIBIT\CLSPR\2024-021.mxd
O
1 " = 100 '
DRAINAGE AREA "6D"
NOTE: THIS MAP IS SCHEMATIC.

DISTANCES, AMOUNT OF CREDITABLE

FACILITIES, AND LOCATION OF INLET
BOUNDARIES ARE APPROXIMATE.

Existing Master Plan Facilities
Inlet Boundary
Drainage Area Boundary
Direction Of Drainager
Existing Drive Gate Location.

Improvements Shall Be Made,
As Necessary, For Drive Access
To Remain.

Existing 6' Chain Link FenceD D D
Master Plan Facilities To Be Constructed By Developer - Mowstrip (Eligible For Fee Credit)
LEGEND
Limits Of CL SPR 2024-021
94 AGENDA ITEM NO. 15.

The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit.

Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that developer
’
s Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District.

The minimum finish floor elevation shall be
362.61
(U.S.G.S. Datum).

No surface runoff shall be directed towards the alley.

No surface runoff shall be directed towards the District basin. The District requests that the grading Engineer contact the District as early as possible to review the proposed site grading for verification and acceptance of grades at our mutual property line prior to preparing a grading plan.

The District recommends a single fence between the site and the District ’
s basin. The developer
should contact the District so that alternatives to a dual fence can be reviewed. If a fence other than the existing chain link fence is proposed, District review and approval of the proposed fence is required.

There is an existing basin drive gate at the southwest corner of Basin " 6 D", as shown on Exhibit
No.
1 . This drive gate provides access from Osmun Avenue to the District's basin. The developer of CL SPR
2024-021
shall construct drive approach improvements, as necessary, to maintain access from Osmun Avenue to the basin drive gate.

In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system.

The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff.

Development No.

CL SPR No. 2024-021

OTHER REQUIREMENTS
EXHIBIT NO. 2
95 AGENDA ITEM NO. 15.

County of Fresno

DEPARTMENT OF PUBLIC HEALTH
Environmental Health Division
Promotion, preservation and protection of the community’s health 1221 Fulton Street /P. O. Box 11867, Fresno, CA 93775
(559) 600-3357 FAX (559) 455-4646
The County of Fresno is an Equal Employment Opportunity Employer www.co.fresno.ca.us www.fcdph.org
December 4, 2023
LU0022458
2604
Lily Cha-Haydostian, Assistant Planner
City of Clovis
Planning and Development Services Department
1033 Fifth Street
Clovis, CA 93612
Dear Ms. Cha-Haydostian:

PROJECT NUMBER: DRC2023-050
DRC2023-050; Three-story affordable, senior (age restricted) apartment community that is comprised of 51 dwelling units consisting of 48 one-bedrooms units, 2 two-bedrooms units, and 1 three-bedroom manager unit on approximately 1.73 acres.

APN: 492-080-08, -74, -85, -86 ZONING: R-1 ADDRESS: 135 Osmun Avenue Recommended Conditions of Approval:
 Construction permits for development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559) 445-5116.
 Construction permits for the development should be subject to assurance that the City of Clovis community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Water Resources Control Board, Division of Drinking Water-Southern Branch. For more information call (559) 447-3300.
 Facilities that use and/or store hazardous materials and/or hazardous wastes shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Your proposed business will handle hazardous materials and/or hazardous waste and will be required to submit a Hazardous Materials Business Plan pursuant to the HSC, Division 20, Chapter 6.95 (http://cers.calepa.ca.gov/).

Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.  The proposed project has the potential to expose nearby residents to elevated noise levels.

Consideration should be given to your City’s municipal code.  As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor.
96 AGENDA ITEM NO. 15.

Lily Cha-Haydostian
DRC2023-050
December 4, 2023

Page 2 of 2 ends

2  Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Fresno County Hazmat Compliance Program at (559) 600-3271 for more information.

The following comments pertain to the demolition of any existing structure(s):
 Should the structure(s) have an active rodent or insect infestation, the infestation should be abated prior to demolition of the structure(s) in order to prevent the spread of vectors to adjacent properties.
 In the process of demolishing the existing structure(s), the contractor may encounter asbestos containing construction materials and materials coated with lead-based paints.  If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information.  If the structure(s) were constructed prior to 1979 or if lead-based paint is suspected to have been used in these structures, then prior to demolition work the contractor should contact the following agencies for current regulations and requirements:
 California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (510) 620-5600.
 United States Environmental Protection Agency, Region 9, at (415) 947-8000.  State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at (559) 454-5302.

REVIEWED BY:

Kevin Tsuda, R.E.H.S.

Environmental Health Specialist II (559) 600-33271
KT
cc: Deep Sidhu- Environmental Health Division (CT. 57.01) TGP Investments- Applicant ([email protected])
97 AGENDA ITEM NO. 15.

“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 6 OFFICE
1352 WEST OLIVE AVENUE |P.O. BOX 12616 |FRESNO, CA 93778-2616 (559) 908-7064 | FAX (559) 488-4195 | TTY 711
www.dot.ca.gov

June 20, 2024
FRE-168-R6.553
GPA – General Plan Amendment
GPA 2024-004, R 2024-003, SPR 2024-021
https://ld-igr-gts.dot.ca.gov/district/6/report/33131

SENT VIA EMAIL

Liz Salazar, Assistant Planner
Planning and Development Services Department
City of Clovis
1033 Fifth Street
Clovis, CA 93612

Dear Liz Salazar:

Thank you for the opportunity to review General Plan Amendment (GPA) 2024-004, Rezone (R) 2024-003, and Site Plan Review (SPR) 2024-021 which proposes to conduct a general plan amendment and rezone a residential parcel from Medium Density Residential to Medium-High Density Residential to allow for the construction of a three- story, 47-unit senior apartment complex. The project is located on the northeast quadrant of Osmun Avenue and 2nd Street in the City of Clovis, approximately 0.7 miles southeast of the State Route (SR) 168 and Herndon Avenue interchange.

Our office previously reviewed and provided comments for a project at this site in 2018 which at the time was a residential development that included two three-story apartment buildings with about forty-five residential units.

Caltrans provides the following comments consistent with the State’s smart mobility goals that support a vibrant economy and sustainable communities:

1. Caltrans is supportive of infill and high-density developments as these will assist in reducing vehicle miles traveled (VMT) and provide more opportunities to implement multi-modal transportation strategies resulting in safe and sustainable communities.

2. Caltrans recommends that the City consider creating a VMT Mitigation Impact Fee to help reduce potential impacts on the State Highway System.

98 AGENDA ITEM NO. 15.

Liz Salazar, Assistant Planner
June 20, 2024

Page 2 ends

“Provide a safe and reliable transportation network that serves all people and respects the environment”

3. It is recommended that the project contribute to all applicable Impact Fee programs, such as the City’s Development Fee and the Regional Transportation Mitigation Fee (RTMF) program to ensure that the developments contribute to its fair share toward future improvement needs.

4. Caltrans recommends the project proponents consider working with the City to convert a portion of the planned residential units to affordable housing units.

5. Alternative transportation policies should be applied to the development. An assessment of multimodal facilities should be conducted to develop an integrated multimodal transportation system to serve and help alleviate traffic congestion resulting from the project and related development in the area of the City. The assessment should include the following:

a. Pedestrian walkways should not only be limited to the project’s internal connectivity but be connected to existing walkways and transit facilities outside the project area.

b. The project should consider coordinating connections to local and regional bicycle pathways to encourage the use of bicycles for commuter and recreational purposes.

c. If transit is not available within 1/4-mile of the project area, transit should be extended to provide services to high-activity centers of the project.

6. As part of the statewide effort to reduce greenhouse gas emissions, Caltrans recommends the project proponents consider the installation of public Level 2 Electric Vehicle (EV) and DC Fast Charging EV charging stations into the development.

7. Active Transportation Plans and Smart Growth efforts support the state’s 2050 Climate goals. Caltrans supports reducing VMT and GHG emissions in ways that increase the likelihood that people will use and benefit from a multimodal transportation network.

If you have any other questions, please call or email Christopher Xiong at (559) 908- 7064 or [email protected].

Sincerely,

DAVID PADILLA, Branch Chief
Transportation Planning – North
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City Manager 559.324.2060 • Community Services 559.324.2095 • Engineering 559.324.2350 Finance 559.324.2130 • Fire 559.324.2200 • General Services 559.324.2060 • Personnel/Risk Management 559.324.2725 Planning & Development Services 559.324.2340 • Police 559.324.2400 • Public Utilities 559.324.2600 • TTY -711 www.cityofclovis.com

NOTICE OF EXEMPTION
General Plan Amendment 2024-004
Rezone 2024-003

The City of Clovis has determined that the project described below will not have a significant effect on the environment and shall be exempt from the provisions of CEQA.

Exemption Filed With: Fresno County Clerk, 2221 Kern Street, Fresno, California.

Office of Planning & Research, 1400 10th Street #100, Sacramento, CA

Lead Agency: City of Clovis, 1033 5th Street, Clovis, California.

Project Title: General Plan Amendment 2024-004, Rezone 2024-003 Project Location: Approximately 1.73 acres of land located along the east side of Osmun Avenue and the west side of Baron Avenue, north of Second Street, APN(s): 492-080-74,85,86,93

Project Description: A request to approve an amendment to the General Plan to re-designate the subject property from the Medium Density Residential (4.1 -7.0 dwelling units per acre) designation to the Medium High Density Residential (7.1-15 dwelling units per acre) designation and rezone the subject property from the R -1 (Single -Family Residential Low Density) Zone District to the R -2 (Multifamily Medium High Density) Zone District.

Project Applicant: Clovis 135 Osmun, LP

Exempt Status: Public Resources Code section 21080.40, subdivision (b) (“AB 1449”)

Reasons Why Project Is Exempt : The Project listed is exempt from further environmental review under CEQA pursuant to AB 1449. AB 1449 exempts certain actions including issuance of general plan amendments and rezones related to eligible affordable housing projects. The City has determined the Project meets the requirements of AB 1449.

Evidence for Exemption: See attached memo dated February 13, 2024.

Lead Agency Contact Person: Liz Salazar, Assistant Planner

Telephone Number: (559) 324-2305

Signature: ________________________________ Date: September 3, 2024 Liz Salazar
Assistant Planner

P L A N N I N G & D E V E L O P M E N T
1 0 3 3 F I F T H S T R E E T • C L O V I S , C A 9 3 6 1 2 Attachment 6
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AGENDA ITEM NO. 15.

We have been retained by Clovis 135 Osmun, LP to provide land use , permitting and environmental review analysis with respect to the 135 Osmun Apartments housing development project (“Project”) located at 135 Osmun Avenue in Clovis (“Project Site”). Our firm’s West Coast Land Use & Environmental Practice Group focuses particularly on California’s recently enacted and amended laws advancing the approval of affordable housing developments.

This memorandum analyzes whether the Project qualifies for a statutory exemption from the requirements of the California Environmental Quality Act (“CEQA”), Pub. Res. Code § 21000, et.

Seq., pursuant to Public Resources Code section 21080.40 (“AB 1449”). As set forth below, the Project is entitled to this exemption.

AB 1449 was signed into law by Governor Newsom on October 11, 2023 and became effective on January 1, 2024. It add ed a significant new CEQA exemption for qualifying affordable housing projects. The CEQA exemption applies to the following:
1 • The issuance of an entitlement by a public agency for an affordable housing project.

• An action to lease, convey, or encumber land owned by a public agency for an affordable housing project.

• An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased by a public agency for an affordable housing project.

1 Pub. Res. Code § 21080.40(b).
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AGENDA ITEM NO. 15.

February 13, 2024

Page 2 ends

#240346761_v9
• R
ezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project. • A
n action to provide financial assistance in fu rtherance of implementing an affordable housing project.

Actions by the City to approve entitlements for the Project, including but not limited to a rezoning and general plan amendment , fall within these specified activities . Note that the exemption is a statutory, rather than “categorical” exemption, and is not subject to exceptions. 2 If a lead agency confirms that the project is entitled this exemption an d ap proves an activity subject to the exemption, the lead agency must file a notice of exemption with the Office of Planning and Research and th e county clerk of the county. 3 As set for th below, the Project is entitled to this CEQA exemption.

Requirement4 Compliance Analysis
“Affordable housing project” means a project
consisting of multifamily residential uses only or
a mix of multifamily residential and
nonresidential uses, with at least two-thirds of the
square footage of the project designated for
residential use. (Section 21080.40(a)(1))
Compliant. As designed, this project will be two-thirds residential or greater.

All of the residential units within the project,
excluding managers’ units, are dedicated to lower
income households, as defined by Section
50079.5 of the Health and Safety Code.
(Section 21080.40(a)(1)(A))
Compliant. This project will comply by design.

The project meets the labor standards set forth in
Section 65912.130 of the Government Code.
(Section 21080.40(a)(1)(B)(i))
Compliant. The Applicant confirms that the Project
will meet the labor standards in this section.

For a project with 50 or more residential units,
the project meets the labor standards set forth in
Section 65912.131 of the Government Code.
(Section 21080.40(a)(1)(B)(ii))
Inapplicable. Since the Project will consist of less than 50 units, the Project is not required to comply with this labor standard.
2 Pub. Res. Code § 21080 et seq.
3 Pub. Res. Code § 21080.40(d).
4 All code sections refer to the Public Resources Code. 107
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The project is located on a legal parcel or parcels
in any of the following locations:
(i) In a city where the city boundaries include
some portion of either an urbanized area or urban
cluster, as designated by the United States
Census Bureau, or in an unincorporated area, and
the legal parcel or parcels are wholly within the
boundaries of an urbanized area or urban cluster,
as designated by the United States Census
Bureau.
(ii) Within one-half mile walking distance to
either a high-quality transit corridor or a major
transit stop.
(iii) In a very low vehicle travel area.
(iv) Proximal to six or more amenities pursuant
to paragraph (3) as of the date of submission of
the application for the project.
(Section 21080.40(a)(1)(C)).

Compliant. The parcel is wholly within an urbanized
area as defined by HCD, which applies the US Census
Bureau’s definition of “urbanized area.”5 Pub. Res.

Code § 21080.40(a)(1)(C)(i). Note that the US Census
Bureau definition of “urbanized area,” which has
historically meant a city with a population of greater
than 50,000 persons, is no longer in use following the
2020 Census. See 67 FR 11663 at page 11667 for the
Census Bureau’s historic definition of “urbanized
area.”
6 See also an explanation of the US Census
Bureau’s definition in the 2020 Census Urban Areas
FAQ document (provided by the US Census Bureau) at
page 6-7.
7 This definition differs from the CEQA
definition of “urbanized area,” which refers to
incorporated cities with a population of greater than
100,000 persons. Pub. Res. Code § 21071(a)(1).

Because the population of Clovis exceeds 100,000 and
the City is incorporated, the City qualifies under both definitions.

5 HCD lists urbanized areas on its SB 330 Affected Cities and Counties Map, found here:
https://cahcd.maps.arcgis.com/apps/webappviewer/index.html?id=5a63b04d7c494a6ebb2aa38a2c3576f5 6 67 FR 11663 is found here: https://www.federalregister.gov/documents/2002/03/15/02-6186/urban-area-criteria- for-census-2000
7 The 2020 Census Urban Areas FAQ document is found here:
https://www2.census.gov/geo/pdfs/reference/ua/Census_UA_2020FAQs.pdf 108
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Parcels that are developed with urban uses adjoin
at least 75 percent of the perimeter of the project
site or at least three sides of a four-sided project
site. For purposes of this paragraph, parcels that
are only separated by a street or highway shall be
considered to be adjoined.
(Section 21080.40(a)(1)(D))
Compliant. According to Section 21072, “qualified
urban use” means “any residential, commercial, public
institutional, transit or transportation facility, or retail use, or any combination of those uses.” The site adjoins parcels developed with residential uses on at least three of four sides.

The affordable housing project will be subject to
a recorded California Tax Credit Allocation
Committee regulatory agreement.
(Section 21080.40(c)(1))
Compliant. The Applicant confirms that the Project
will meet this standard.

The affordable housing project site can be
adequately served by existing utilities or
extensions.
(Section 21080.40(c)(2))
Compliant. A previous CEQA document notes that
because the Project Site is considered an infill site,
primary infrastructure “is already in place and would
be able to serve the site, as planned for in the 2014
General Plan.” Osmun & Baron Multifamily Initial
Study and Mitigated Negative Declaration (“Osmun IS/
MND”), Chapter (H)(14) at 48 (provided in Exhibit A).
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Utility service connection to the Project would only
require “minor excavation” including “trenching and
ground-disturbing activities” in order to install water and power lines, but these processes are “typical of
multifamily development.” Osmun IS/MND, Chapter
(E)(4) at 7, 8; Chapter (H)(20) at 60 (provided in
Exhibit A).

A public agency confirms all of the following:
(A) The project site satisfies the requirements
specified in subparagraphs (B) to (K), inclusive,
of paragraph (6) of subdivision (a) of Section
65913.4 of the Government Code.
(Section 21080.40(c)(3)(A))
Compliant. Analyzed below.

Either prime farmland or farmland of statewide
importance, as defined pursuant to United States
Department of Agriculture land inventory and
monitoring criteria, as modified for California,
and designated on the maps prepared by the
Farmland Mapping and Monitoring Program of
the Department of Conservation, or land zoned or
designated for agricultural protection or
preservation by a local ballot measure that was
approved by the voters of that jurisdiction.
(Section 65913.4(a)(6)(B))
Compliant. The appropriate inventory does not
categorize this land as farmland.8 See also Osmun
IS/MND, Chapter (H)(2) at 19 (provided in Exhibit A).

Wetlands, as defined in the United States Fish
and Wildlife Service Manual, Part 660 FW 2
(June 21, 1993).

Compliant. This site does not contain a wetland.9 See
also Osmun IS/MND Chapter (H)(4) at 26 (provided in
Exhibit A).

8 The Department of Conservation’s Important Farmland Finder tool is accessible here:
https://maps.conservation.ca.gov/dlrp/ciff/
9 The U.S. Fish and Wildlife Service National Wetland Inventory tool is accessible here:
https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/ 110
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(Section 65913.4(a)(6)(C))
Within a very high fire hazard severity zone, as
determined by the Department of Forestry and
Fire Protection pursuant to Section 51178, or
within a high or very high fire hazard severity
zone as indicated on maps adopted by the
Department of Forestry and Fire Protection
pursuant to Section 4202 of the Public Resources
Code. This subparagraph does not apply to sites
excluded from the specified hazard zones by a
local agency, pursuant to subdivision (b) of
Section 51179, or sites that have adopted fire
hazard mitigation measures pursuant to existing
building standards or state fire mitigation
measures applicable to the development.
(
Section 65913.4(a)(6)(D))
Compliant. This site is not within a fire hazard severity zone.10
A hazardous waste site that is listed pursuant to
Section 65962.5 or a hazardous waste site
designated by the Department of Toxic
Substances Control pursuant to Section 25356 of
the Health and Safety Code.

Compliant. This site is not a hazardous waste site.11
The Department of Toxic Substances Control’s
Envirostor tool shows that there is no contamination on the site.
10 The CalFire Fire Hazard Severity Zones in State Responsibility Areas Map tool is accessible here: https://calfire- forestry.maps.arcgis.com/apps/webappviewer/index.html?id=4466cf1d2b9947bea1d4269997e86553 11 The Department of Toxic Substance Control’s EnviroStor tool is accessible here:
https://www.envirostor.dtsc.ca.gov/public/map/. A dditionally, the site is not listed in the DTSC EnviroStor database as a hazardous waste site.
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(Section 65913.4(a)(6)(c))
Within a delineated earthquake fault zone as
determined by the State Geologist in any official
maps published by the State Geologist.
(Section 65913.4(a)(6)(F))
Compliant. This site is not in an earthquake fault
zone.12
12 The California Geological Survey’s Earthquake Zones of Required Investigation Map is accessible here:
https://maps.conservation.ca.gov/cgs/EQZApp/app/
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Within a special flood hazard area subject to
inundation by the 1 percent annual chance flood
(100-year flood) as determined by the Federal
Emergency Management Agency in any official
maps published by the Federal Emergency
Management Agency.
(Section 65913.4(a)(6)(G))
Compliant. This site is not within a special flood
hazard area.13
Within a regulatory floodway as determined by
the Federal Emergency Management Agency in
any official maps published by the Federal
Emergency Management Agency, unless the
development has received a no-rise certification
in accordance with Section 60.3(d)(3) of Title 44
of the Code of Federal Regulations.
(Section 65913.4(a)(6)(H))
Compliant. This site is not within a regulatory
floodway. See above.

Lands identified for conservation in an adopted
natural community conservation plan pursuant to
the Natural Community Conservation Planning
Act (Chapter 10 (commencing with Section
2800) of Division 3 of the Fish and Game Code),
habitat conservation plan pursuant to the federal
Endangered Species Act of 1973 (16 U.S.C. Sec.
1531 et seq.), or other adopted natural resource
protection plan.
(
Section 65913.4(a)(6)(I))
Compliant. This site is not within a natural community
conservation plan or a habitat conservation plan.14
13 The FEMA Flood Map Service Center is accessible here: https://msc.fema.gov/portal/search 14 A list of California Natural Community Conservation Plans and Habitat Conservation Plans can be found here:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=68626&inline 113
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Habitat for protected species identified as
candidate, sensitive, or species of special status
by state or federal agencies, fully protected
species, or species protected by the federal
Endangered Species Act of 1973 (16 U.S.C. Sec.
1531 et seq.), the California Endangered Species
Act (Chapter 1.5 (commencing with Section
2050) of Division 3 of the Fish and Game Code),
or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2
of the Fish and Game Code).
(
Section 65913.4(a)(6)(J))
Compliant. This site does not contain habitat for the
identified species.15 See also Osmun IS/MND Chapter
(H)(4) at 25 (relevant excerpt provided in Exhibit A).

Lands under conservation easement.
(
Section 65913.4(a)(6)(K))
Compliant. The project is not subject to a conservation easement.16
For a vacant site, the project site does not contain
tribal cultural resources that could be affected by
the development that were found pursuant to a
consultation described in Section 21080.3.1 and
the effects of which cannot be mitigated pursuant
to the process described in Section 21080.3.2.
(Section 21080.40(c)(3)(B))
Compliant. After providing an opportunity for
consultation to affected tribes pursuant to the process described in Section 21080.3.1, a Cultural Resources
Survey was prepared for a prior project’s IS/MND
which found no known cultural resources at the Project
site. See Osmun IS/MND Chapter (H)(5) at 28
(relevant excerpt provided in Exhibit A).
(i) The development proponent has completed a
phase I environmental assessment, as defined in
Section 25319.1 of the Health and Safety Code.

If a recognized environmental condition is found,
the development proponent shall undertake a
preliminary endangerment assessment, as defined
in Section 25319.5 of the Health and Safety
Code, prepared by an environmental assessor to
Compliant. A January 9, 2024 phase I environmental
assessment performed by Krazan & Associates
“identified no evidence of recognized environmental
conditions (RECs), controlled RECs (CRECs), or
historical RECs (HRECs) in connection with the
subject site.” See Phase I Environmental Assessment,
15 The U.S. Department of Fish and Wildlife’s Critical Habitats Map is accessible here:
https://www.arcgis.com/home/webmap/viewer.html?url=https%3A//services.arcgis.com/QVENGdaPbd4LUkLV /Ar cGIS/rest/services/USFWS_Critical_Habitat/FeatureServer&source=sd 16 The National Conservation Easement Database is accessible here: https://www.conservationeasement.us/ 114
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determine the existence of any release of a
hazardous substance on the site and to determine
the potential for exposure of future occupants to
significant health hazards from any nearby
property or activity.
(ii) If a release of a hazardous substance is found
to exist on the site, the release shall be removed,
or any significant effects of the release shall be
mitigated to a level of insignificance in
compliance with current state and federal
requirements.
(iii) If a potential for exposure to significant
hazards from surrounding properties or activities
is found to exist, the effects of the potential
exposure shall be mitigated to a level of
insignificance in compliance with current state
and federal requirements.
(Section 21080.40(c)(3)(C))
Krazan & Associates (Jan. 9, 2024) at 1 (relevant
excerpt provided in Exhibit B).

For a project site where multifamily housing is
not a permitted use, all of the following are met:
(i) None of the housing is located within 500 feet
of a freeway, as defined in Section 332 of the
Vehicle Code.
(ii) None of the housing is located within 3,200
feet of a facility that actively extracts or refines
oil or natural gas.
(iii) The project site is not within a very high fire
hazard severity zone, as indicated on maps
adopted by the Department of Forestry and Fire
Protection pursuant to Section 4202 or as
designated pursuant to subdivisions (a) and (b) of
Section 51179 of the Government Code.
(Section 21080.40(c)(3)(D))
Compliant. The site is over 2,500 feet from a freeway.

There are no active oil or gas refineries within 3,200
feet.17
17 The CalGEM Wellfinder tool is accessible here: https://maps.conservation.ca.gov/doggr/wellfinder/ 115
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The site is not within a very high fire hazard
severity zone. See Section 65913.4(a)(6)(D)
analysis.
116
AGENDA ITEM NO. 15.

TO: Mayor and City Council
FROM: Administration
DATE: September 3, 2024
SUBJECT: Consider Approval – Res. 24 -___, Authorizing the submittal of an application to the State of California Housing and Community Development Department’s Local Housing Trust Fund (LHTF) Program for the 135 Osmun Senior Apartments, requesting $1,000,000 in LHTF, approving the City award and match of Clovis Housing Trust Fund in the amount of $1,000,000 and authorizing the City Manager, or designee, to execute the LHTF Program Application, Standard Agreement, Agreement Documents, and any amendments thereto.

Staff: Claudia Cazares, Housing Program Manager
Recommendation: Approve

ATTACHMENTS: 1. Resolution

RECOMMENDATION
For the City Council to authorize the submittal of an application to the State of California Housing and Community Development Department’s Local Housing Trust Fund (LHTF) Program for the 135 Osmun Senior Apartments, requesting $1,000,000 in LHTF, approve the City award and match of Clovis Affordable Housing Trust Fund in the amount of $1,000,000 and authorize the City Manager, or designee, to execute the LHTF program application, standard agreement, related agreement and program documents, and any amendments thereto.

EXECUTIVE SUMMARY
The Clovis City Council approved the creation of the Clovis Affordable Housing Trust Fund (AHTF) Program at its April 8, 2024, meeting. Subsequently, Council approved the AHTF Program Guidelines at its August 5, 2024, meeting. Staff then published a Request for Proposals for the Housing Trust Fund on August 6, 2024, with the goal of selecting a project and applying for matching funds through the State of California’s LHTF Program before the State’s application due date of September 17, 2024. Action today will approve selection of the 135 Osmun Senior Apartments Project for the Clovis AHTF program monies in the amount of $1,000,000 and adopt 117
AGENDA ITEM NO. 16.
the attached resolution authorizing submittal of the California LHTF application for matching funds for an additional $1,000,000.

BACKGROUND
The City of Clovis Housing Trust Fund Program was approved by City Council on April 8, 2024, in accordance with the terms of the Judgment entered in the Martinez v . City of Clovis case.

Council then approved the Clovis Affordable Housing Trust Fund (AHTF) Program Guidelines at its August 5, 2024, council meeting. Immediately following approval of the Program Guidelines, City staff published a Request for Proposals ( RFP) in anticipation of proposing a project for Council review and approval before the California LHTF application deadline of September 17, 2024.

The City received the following two applications for the Housing Trust Fund Program:

• 135 Osmun Senior Apartments ($1,000,000 for 46 units) • The Cottages at Magnolia Crossing ($500,000 for 7 units)

Although both applications can and will be submitted as “pipeline” projects, as is required by the State, only one application can be designated as the selected application requesting California LHTF award of matching funds.

Both applications were review ed by staff for eligibility, adherence to the City’s Program Guidelines and for compatibility with the CA-LHTF Program. Both applications were additionally scored using the CA-LHTF scoring rubric to determine what score they were likely to obtain from the State program. Finally, both projects were published for public comment, and presented to the members of the City’s Housing and Community Development Citizens Advisory Committee (CAC) for review and funding recommendation to the City Council.

The CAC rev iewed the projects and concurred with staff’s recommendation to propose City Council approval of the 135 Osmun Senior Apartments for Housing Trust Fund monies. CAC members commented on the high need of multi -family apartments and senior apartments for low-income households. The group also commented that the 135 Osmun project clearly provided far more affordable units for the dollar amount requested, than the Cottages project. The group also commented that both projects were deserving of the award, but the 135 Osmun project was the preferred project.

Therefore, the 135 Osmun Senior Apartments project is recommended for selection and award of Housing Trust Fund monies in the amount of $1,000,000; and for submittal to the State of California Local Housing Trus t Fund Program requesting matching funds of an additional $1,000,000. Of the total proposed funding amount of $2,000,000, a maximum of 5%, or up to $100,000, may be set aside for City activity delivery and administration costs.

The 135 Osmun Senior Apart ments project includes construction of a 47 -unit affordable development project located at 135 Osmun Avenue, just east of the new Clovis Senior Center.

One of the units will be a manager’s unit. All the other 46 rental units will be set aside for those seniors earning less than 60% of the Area Median Income. The 135 Osmun project has a higher 118
AGENDA ITEM NO. 16.
probability of receiving matching funds from the California LHTF than the second application received (in part due to the income targeting). The 135 Osmun project is at present progressing through the Development Review process and all funding will be contingent on the approval of the development of the project.

Award of the Clovis AHTF monies will also be contingent on the project receiving an award from the California LHTF Program for matching funds. If selected for funding, the 135 Osmun Senior Apartments project will have a total of up to $2,000,000 in Housing Trust Fund monies available for development purposes. Housing Trust Fund Program monies will be provided as a construction and/or permanent financing loan, with simple interest, of no higher than 3 percent per annum. The loan will be a "residual receipts loan", payable in fifty -five (55) years, or other term of years as may be required by senior financing to the City’s loan. The City will enter into a funding/development agreement with the developer, and record affordability covenants on the project to ensure adherence to affordability and loan requirements.

Council approval of the attached Resolution is required by the State of California for submission to the CA-LHTF Program. If approved by Council, the 135 Osmun Senior Apartments project will be submitted to the State of California LHTF Program through its online application portal before the application due date of September 17, 2024.

FISCAL IMPACT
The City approved $1,000,000 in General Fund dollars for the Clovis Affordable Housing Trust Fund Program as part of its 2024 -2025 Budget. If successful, the matching fund application to the State of California will provide 1:1 match for these Program monies, for a total of $2,000,000 available for the project. A total of up to 5% of these total funds will be used for activity delivery and program administration by City Staff.

REASON FOR RECOMMENDATION
Selection of the 135 Osmun Senior Apartments project for AHTF Program monies, and application for California LHTF Program, is recommended as it will 1) provide additional affordable housing units, 2) maximize the utilization of AHTF monies per unit, 3) meet the high demand for senior affordable housing, 4) score higher in the State of California scoring rubric, and 5) allow staff to submit the CA-LHTF application on time.

ACTIONS FOLLOWING APPROVAL
Staff will prepare a Letter of Intent to fund the 135 Osmun Senior Apartments project for City Manager signature and submit an application to the State of California LHTF for $1,000,000 in matching funds for the 135 Osmun Senior Apartments project, and the Cottages at Magnolia Crossings will be listed as a pipeline project, by the State’s deadline of September 17, 2024.

CONFLICT OF INTEREST
None.

Prepared by: Claudia Cazares, Housing Program Manager

Reviewed by: City Manager AH
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AGENDA ITEM NO. 16.

ATTACHMENT 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING THE 135 OSMUN SENIOR APARTMENTS PROJECT FOR CLOVIS

AFFORDABLE HOUSING TRUST FUND AWARD AND SUBMITTAL TO THE STATE

OF CALIFORNIA FOR THE LOCAL HOUSING TRUST FUND PROGRAM

WHEREAS, a necessary quorum and majority of the Council Members of City of Clovis (“Applicant”) hereby consents to, adopts and ratifies the following; and

WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) is authorized to provide up to $53 million under the Local Housing Trust Fund (“LHTF”) Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) (as descr ibed in Health and Safety Code section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) (“Program”); and

WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated July 9, 2024, under the LHTF Program; and

WHEREAS, Applicant is an eligible New Local Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds; and

WHEREAS, Applicant has issued its own Request for Proposals for LHTF, received two requests for funding (pipeline projects), and of these, has selected the 135 Osmun Senior Apartments Project, an eligible project, for financing and submittal for LHTF , and submittal of Cottages at Magnolia Crossings as the second pipeline project; and

WHEREAS, the Department may approve funding allocations for the LHTF Program, subject to the terms and conditions of H&S Code Section 50842.2, the LHTF Program Guidelines, NOFA, Program requiremen ts, the Standard Agreement and other related contracts between the Department and LHTF award recipients.

NOW, THEREFORE, BE IT RESOLVED , If Applicant receives an award of LHTF funds from the Department pursuant to the above referenced LHTF NOFA, it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts Applicant may have with the Department (“Eligible Project”).

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AGENDA ITEM NO. 16.

NOW, THEREFORE, BE IT FURTHER RESOLVED , That the Clovis Affordable Housing Trust Fund is hereby authorized to act as th e manager in connection with the Department's funds to Eligible Projects pursuant to the above described Notice of Funding Availability in an amount not to exceed $1,000,0000 (the "LHTF Award").

NOW, THEREFORE, BE IT FURTHER RESOLVED , Applicant hereby agrees to match on a dol lar for dollar basis the LHTF Award pursuant to Guidelines Section 104.

Applicant hereby agrees to utilize matching finds on a dollar -for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c). Attachment A to this Resolution identifies how the Applicant will utilize Program funds and Matching Funds.

NOW, THEREFORE, BE IT FURTHER RESOLVED , Pursuant to Attachment A and the Applicant’s certification in this resolution, the LHTF funds will be expende d only for Eligible Projects and consistent with all program requirements.

NOW, THEREFORE, BE IT FURTHER RESOLVED , Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, H&S Section 50842.2 and LHTF Program Guidelines.

NOW, THEREFORE, BE IT FURTHER RESOLVED , the Clovis City Manager, or designee, is/are authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to Applicant, as the Department may deem appropriate and as may be necessary to fund the Project.

* * * * *

The undersigned, does hereby attest and certify that the foregoing Resolution is a true , full and correct copy of a resolution duly adopted at a meeting of the City of Clovis Council, which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

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AGENDA ITEM NO. 16.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

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AGENDA ITEM NO. 16.

Attachment A

The City of Clovis (“Applicant”) commits to use Program Funds and Matching Funds for the 135 Osmun Senior Apartments project, an Eligible Project. The Project is located at 135 Osmun Ave, in Clovis, CA. Applicant will provide a construction and/or permanent financing loan at simple interest no higher than 3% per annum for payment of eligible costs associated with the development of affordable rental housing. Five percent (5%) of the funds requested will be used for Administrative expenses.  30% of the funds requested, after deduction of administrative expenses, will be utilized for development of the 135 Osmun Senior Apartments Project and will be rented by households earning no more than 30% of Area Median Income.  70% of the funds requested, after deduction of administrative expenses, will be utilized for development of the 135 Osmun Senior Apartments Project and will be rented by households earning no more than 60% of Area Median Income.

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AGENDA ITEM NO. 16.

TO: Mayor and City Council
FROM: Administration
DATE: September 3, 2024
SUBJECT: Consider Approval – Change of Council Meeting Schedule.

Staff: John Holt, City Manager
Recommendation: Approve

ATTACHMENTS: None.

RECOMMENDATION
For the City Council to approve the cancellation of the regular Council meeting scheduled for Monday, September 9, 2024.

EXECUTIVE SUMMARY
There is a need to change the schedule of meetings for the City Council in September. Staff is recommending that City Council approve the cancellation for the meeting of Monday, September 9, 2024.

BACKGROUND
Staff was also able to consolidate the agenda i tems to the first and third Council meetings in September. Therefore, staff is recommending Council consider canceling the meeting of September 9, 2024, due to the limited number of items on the agenda. Given adequate notice, staff will be able to amend t he timing of actions coming forward so that operations will not be affected by the cancellations.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Pursuant to the Clovis Municipal Code, the City Council meets in regular session on the first, second, and third Monday of each month, except when those Mondays occur on a recognized City holiday. The City Council needs to confirm any change to the schedule of meetings in order to properly notice the public of the City Council’s schedule of meetings.

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AGENDA ITEM NO. 17.

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

CONFLICT OF INTEREST
None.

Prepared by: Rebecca Simonian, Executive Assistant

Reviewed by: City Manager JH
125
AGENDA ITEM NO. 17.

TO: Mayor and City Council
FROM: Administration
DATE: September 3, 2024
SUBJECT: Consider Introduction – Ord. 24 -___, Amending Section 2.1.01 of Chapter 2 of Title 2 of the Clovis Municipal Code Relating to City Council Meeting Day and Time.

Staff: John Holt
Recommendation: Approve

ATTACHMENTS: 1. Draft Ordinance 24-__

RECOMMENDATION
For the City Council to approve the introduction of an ordinance amending Section 2.1.01 of Chapter 2 of Title 2 of the Clovis Municipal Code changing the City Council meetings fro m Monday at 6:00 p.m. to Tuesday beginning at 4:00 p.m.

EXECUTIVE SUMMARY
Section 2.1.01 of the Clovis Municipal Code mandates that the City Council shall meet in regular session three times each month. These meetings are scheduled for the first, second, and third Mondays of each month at 6:00 p.m., unless a Monday falls on a legal holiday, in which case the meeting will be held on the next business day.

At the last Council meeting on August 19, 2024, City Manager Holt was directed to bring back a proposal for the Council's consideration to change the day and time of Council meetings to Tuesdays beginning at 4:00 p.m. If approved, the ordinance includes an effective date of January 1, 2025, (instead of the typical effective date 30 days after adoption of an ordinance) to allow time for a smooth transition by coordinating with all stakeholders.

BACKGROUND
City Council has been meeting on Mondays since 1912 and has been meeting the first three (3) Mondays at 6:00 p.m. since April 1, 2010. City Council meeting day and times are codified, and any change would therefore require an amendment to the municipal code. Approval of the introduction of the ordinance will begin the process to change the meeting day from Mondays at 6:00 p.m. to Tuesdays beginning at 4:00 p.m.
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AGENDA ITEM NO. 18.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The City has grown to a point where council meetings are extending late into the night, which can hinder the effectiveness of decision -making. Moving the meetings from Mondays to Tuesdays would provide staff with additional time t o prepare, leading to more productive sessions. This change would take effect on January 1, 2025.

ACTIONS FOLLOWING APPROVAL
If approved, this item will be considered for adoption on September 16, 2024, with an effective date of January 1, 2025. During that time, staff will reach out to all stakeholders to inform them of the change.

CONFLICT OF INTEREST
None.

Prepared by: Briana Parra, City Clerk

Reviewed by: City Manager AH
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AGENDA ITEM NO. 18.

Attachment 1

ORDINANCE 24-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING SECTION 2.1.01 OF CHAPTER 2 OF TITLE 2 OF THE CLOVIS MUNICIPAL CODE

RELATING TO CITY COUNCIL MEETING TIME

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

Section 1 Section 2.1.01 of Chapter 2 of Title 2 of the Clovis Municipal Code is hereby amended to read as follows:

2.1.01 Meetings: Time:

The Council shall meet three times (3) each month in regular session. Such meetings shall be held on the first, second, and third Tuesdays of each month beginning at 4:00 p.m, unless such Tuesday is a legal holiday, in which event such meeting shall be held on the next business day beginning at 4:00 p.m. and be a regular meeting for all purposes.

Section 3 This Ordinance shall go into effect and be in full force beginning on January 1, 2025.

APPROVED: September 3, 2024

______________________________ ______________________________ Mayor City Clerk

* * * * * * * * * *

The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on September 3, 2024, and was adopted at a regular meeting of said Council held on ______________, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

________________________________
City Clerk

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AGENDA ITEM NO. 18.

Clovis City CouncilSeptember 3, 2024

Clovis City Council
September 3, 2024