Agenda packet — Clovis City Council, November 18, 2024 (part 5 of 5)

2 REVIEWED BY:

Kevin Tsuda, R.E.H.S.

Environmental Health Specialist II (559) 600-33271
KT
cc: Deep Sidhu Environmental Health Division (CT. 55.25) 1066
AGENDA ITEM NO. 13.
“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
March 13, 2024
FRE-168-R7.371
Application for TM – Tentative Map
TM 6452 and PDP 2023-001
https://ld-igr-gts.dot.ca.gov/district/6/report/29818

SENT VIA EMAIL
Liz Salazar, Assistant Planner
Planning and Development Services Department
City of Clovis
1033 Fifth Street
Clovis, CA 93612
Dear Mx. Liz Salazar:

Thank you for the opportunity to review Tentative Tract Map (TM) 6452 and Planned Development Permit (PDP) 2023-001 which proposes to construct 153-lot single-family residential development. The project is located on the northwest corner of Sunnyside Avenue and Perrin Road in the City of Clovis, approximately 2.5 miles north of the State Route 168 and Herndon Avenue interchange and 2.5 miles northwest of the SR 168 and Fowler Avenue interchange.

This project seems to be part of the Heritage Grove Specific Plan which this office has reviewed the corresponding Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR) as well as a Scope of Work for a Traffic Impact Analysis (TIA) with comment letters being submitted dated March 10, 2022, and May 3, 2023.

The project was also reviewed as Development Review Committee (DRC) application 2023- 015 with our office submitting a comment letter dated May 31, 2023, which still apply. The comment letter is provided as Attachment “A”.

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
Attachment A:

DRC 2023-015 Comment Letter
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AGENDA ITEM NO. 13.

Attachment A
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AGENDA ITEM NO. 13.
“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
May 31, 2023
FRE-168-R7.371
Pre-Appl – Pre-Application Referrals
DRC 2023-015
https://ld-igr-gts.dot.ca.gov/district/6/report/29818

SENT VIA EMAIL
Lily Cha-Haydostian, Senior Planner
Planning and Development Services Department
City of Clovis
1033 Fifth Street
Clovis, CA 93612
Dear Mx. Cha-Haydostian:

Thank you for the opportunity to review the Development Review Committee (DRC) application 2023-015 which proposes to construct a 216-unit single-family detached housing development. The project is located west of the Sunnyside Avenue and Perrin Road intersection in the City of Clovis, approximately 2.5 miles northwest of the State Route (SR) 168 and Fowler Avenue interchange.

The portion on the northeast corner of the future Baron Avenue and Perrin Avenue seems to be part of the Heritage Grove Specific Plan which this office has reviewed the corresponding Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR) as well as a Scope of Work (SOW) for a Traffic Impact Analysis (TIA) with comment letters being submitted dated March 10, 2022, and May 3, 2023, respectively.

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

1. As mentioned above, a portion of this project seems to be included in the Heritage Grove Specific Plan. It is recommended that this project be included in the Transportation element and TIA of the EIR analyses to assess any potential impacts, specifically with discussions on potential impacts to the State Routes and Vehicle Miles Traveled (VMT) in accordance with Senate Bill (SB) 743. 1069
AGENDA ITEM NO. 13.

Lily Cha-Haydostian, DRC 2023-015
May 31, 2023

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

2. This development is expected to add vehicles to the eastbound SR 168 exit ramp queue at Fowler Avenue during the PM peak hour and could potentially result in a significant speed differential between the off-ramp queue and the mainline of the freeway. It is recommended that a peak hour ramp queue analysis is completed to determine this development’s potential impact.

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

4. 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.

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

6. 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.

7. 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 housing units.

8. 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.
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AGENDA ITEM NO. 13.

Lily Cha-Haydostian, DRC 2023-015
May 31, 2023

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“Provide a safe and reliable transportation network that serves all people and respects the environment” 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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AGENDA ITEM NO. 13.

DEVELOPMENT SERVICES AND CAPITAL PROJECTS DIVISION
2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 600-4497 / 600-4022 / 600-4540 / FAX 600-4200 The County of Fresno is an Equal Employment Opportunity Employer

DEPARTMENT OF PUBLIC WORKS AND PLANNING
STEVEN E. WHITE, DIRECTOR
March 13, 2024
Liz Salazar
Assistant Planner, Planning Division
City of Clovis
1033 Fifth Street
Clovis, CA 93612
SUBJECT: City of Clovis TM6452 and PDP2023-001- 153-lot single-family residential subdivision Dear Ms. Salazar:

The County of Fresno appreciates the opportunity to review and comment on the subject project being reviewed by the City of Clovis.

The documents received for this review were circulated to our various Fresno County Public Works and Planning divisions. See comments below.

Fresno County Transportation Division:
• The County requires the completion of a Transportation Impact Study (TIS) and a Vehicle Miles Traveled (VMT) analysis which should include an assessment of the potential impacts of the project on county facilities.

Fresno County Road Maintenance and Operations Division:
• City of Clovis should be required to annex the full road right-of-way of Sunnyside Ave along parcel frontage.

If you have any questions regarding the information described in this letter, please contact me at [email protected] or (559) 600-4245.

Sincerely,
Elliot Racusin
Elliot Racusin, Planner
Development Services and Capital Projects Division
DR:er:cwm
G:\4360Devs&Pln\PROJSEC\PROJDOCS\Environmental\OAR\City of Clovis\TM 6452 and PDP 2023-001\TM 6452 and PDP 2023-001 City of Clovis -Response Letter.docx 1072
AGENDA ITEM NO. 13.

March 15, 2024
Liz Salazar
City of Clovis
Planning and Development Services
1033 Fifth St
Clovis, CA 93612
Project: Planned Development Permit PDP2023-001, Tentative Tract Map TM6452 District CEQA Reference No: 20240217
Dear Mrs. Salazar,
The San Joaquin Valley Air Pollution Control District (District) has reviewed the Planned Development Permit (PDP) from the City of Clovis (City). Per the PDP, the project consists of 153 single-family residential lots (Project). The Project is located at the northeast corner of Baron Ave and Perrin Ave, Clovis.

The District offers the following comments at this time regarding the Project:

Project Related Emissions
At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8-hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8-hour ozone, PM10, and PM2.5 standards.

Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI):
https://ww2.valleyair.org/media/g4nl3p0g/gamaqi.pdf.
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San Joaquin Valley Air Pollution Control District Page 2 of 7 District Reference No: 20240217
March 15, 2024
Construction Emissions
The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment.

Health Risk Screening/Assessment
The City should evaluate the risk associated with the Project for sensitive receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions.

To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health.

Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy-duty on-road trucks.

Prioritization (Screening Health Risk Assessment):

A “Prioritization” is the recommended method for a conservative screening-level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology. Please contact the District for assistance with performing a Prioritization analysis.

The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation.

Health Risk Assessment:

Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA.
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San Joaquin Valley Air Pollution Control District Page 3 of 7 District Reference No: 20240217
March 15, 2024
A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the health impacts would exceed the District’s established risk thresholds, which can be found here:
https://ww2.valleyair.org/permitting/ceqa/.

A project with a significant health risk would trigger all feasible mitigation measures.

The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency.

The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:
 HRA (AERMOD) modeling files
 HARP2 files
 Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies.

For assistance, please contact the District’s Technical Services Department by:
 E-Mailing inquiries to: [email protected]
 Calling (559) 230-5900
Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors to prevent the creation of a significant health risk in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww2.arb.ca.gov/our-work/programs/resource-center/strategydevelopment/land-use-resources.

Ambient Air Quality Analysis
An Ambient Air Quality Analysis (AAQA) uses air dispersion modeling to determine if emissions increases from a project will cause or contribute to a violation of State or National Ambient Air Quality Standards. The District recommends an AAQA be performed for the Project if emissions exceed 100 pounds per day of any pollutant.

An AAQA uses air dispersion modeling to determine if emission increase from a project will cause or contribute to a violation of State or National Ambien Air Quality Standards. An acceptable analysis would include emissions from both projectspecific permitted and non-permitted equipment and activities. The District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis.
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AGENDA ITEM NO. 13.

San Joaquin Valley Air Pollution Control District Page 4 of 7 District Reference No: 20240217
March 15, 2024
Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District’s website:
https://ww2.valleyair.org/permitting/ceqa/.

Clean Lawn and Garden Equipment in the Community
Since the Project consists of residential development, gas-powered lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions.

Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: https://ww2.valleyair.org/grants/clean-green-yard-machines-residential/ and https://ww2.valleyair.org/grants/zero-emission-landscaping-equipment-voucherprogram/.

On-Site Solar Deployment
It is the policy of the State of California that renewable energy resources and zerocarbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project.

District Rules and Regulations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes.

The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: https://ww2.valleyair.org/rules-and-planning/current-district-rulesand-regulations. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (559) 230-5888.
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AGENDA ITEM NO. 13.

San Joaquin Valley Air Pollution Control District Page 5 of 7 District Reference No: 20240217
March 15, 2024
District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources
Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT).

This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (559) 230-5888.

District Rule 9510 - Indirect Source Review (ISR)
The Project is subject to District Rule 9510 because it will receive a projectlevel discretionary approval from a public agency and will equal or exceed 50 residential units.

The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off-site emissions reductions.

Per Section 5.0 of the ISR Rule, an Air Impact Assessment (AIA) application is required to be submitted no later than applying for project-level approval from a public agency. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510 so that proper mitigation and clean air design under ISR can be incorporated into the Project’s design. One AIA application should be submitted for the entire Project.

Information about how to comply with District Rule 9510 can be found online at:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview 1077
AGENDA ITEM NO. 13.

San Joaquin Valley Air Pollution Control District Page 6 of 7 District Reference No: 20240217
March 15, 2024
The AIA application form can be found online at:
https://ww2.valleyair.org/permitting/indirect-source-review-rule-overview/formsand-applications/ District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at [email protected].

District Rule 4601 (Architectural Coatings)
The Project may be subject to District Rule 4601 since it is expected to utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.

The purpose of this rule is to limit VOC emissions from architectural coatings.

In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
https://ww2.valleyair.org/media/tkgjeusd/rule-4601.pdf
District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.

Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.

The application for both the Construction Notification and Dust Control Plan can be found online at: https://ww2.valleyair.org/media/fm3jrbsq/dcp-form.docx Information about District Regulation VIII can be found online at:
https://ww2.valleyair.org/dustcontrol
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AGENDA ITEM NO. 13.

San Joaquin Valley Air Pollution Control District Page 7 of 7 District Reference No: 20240217
March 15, 2024
District Rule 4901 - Wood Burning Fireplaces and Heaters The purpose of this rule is to limit emissions of carbon monoxide and particulate matter from wood burning fireplaces, wood burning heaters, and outdoor wood burning devices. This rule establishes limitations on the installation of new wood burning fireplaces and wood burning heaters.

Specifically, at elevations below 3,000 feet in areas with natural gas service, no person shall install a wood burning fireplace, low mass fireplace, masonry heater, or wood burning heater.

Information about District Rule 4901 can be found online at:
https://ww2.valleyair.org/compliance/residential-wood-smoke-reductionprogram/ Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).

District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.

If you have any questions or require further information, please contact Ryan Grossman by e-mail at [email protected] or by phone at (559) 230-6569.

Sincerely,
Tom Jordan
Director of Policy and Government Affairs
For: Mark Montelongo
Program Manager
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AGENDA ITEM NO. 13.
https://dtsc.ca.gov

SENT VIA ELECTRONIC MAIL
October 10, 2024
Liz Salazar
Assistant Planner
City of Clovis
1033 Fifth Street
Clovis, CA 93612
[email protected]
RE: MITIGATED NEGATIVE DECLARATION FOR THE TM6452, PDP2023-001 PDATED OCTOBER 01, 2024, STATE CLEARINGHOUSE NUMBER 2024100057 Dear Liz Salazar,
The Department of Toxic Substances Control (DTSC) received a Mitigated Negative Declaration (MND) for the TM6452, PDP2023-001 project (project). The proposed project is approximately 18 acres of land located at the northeast corner of N. Baron and Perrin Avenues. The project applicant is requesting the City Council approval of a vesting tentative tract map for a 153-lot single-family planned residential development and a planned development permit for a 153-lot single-family residential development.

After reviewing the Project, DTSC recommends and requests consideration of the following comments:

1. When agricultural crops and/or land uses are proposed or rezoned for residential use, a number of contaminants of concern (COCs) can be present.

The Lead Agency shall identify the amounts of Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If present, OCPs 1080
AGENDA ITEM NO. 13.

Liz Salazar
October 10, 2024

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requiring further analysis are dichloro-diphenyl-trichloroethane, toxaphene, and dieldrin. Additionally, any level of arsenic present would require further analysis and sampling and must meet HHRA NOTE NUMBER 3, DTSC-SLs approved thresholds. If they are not, remedial action must take place to mitigate them below those thresholds.

Additional COCs may be found in mixing/loading/storage areas, drainage ditches, farmhouses, or any other outbuildings and should be sampled and analyzed. If smudge pots were routinely utilized, additional sampling for Polycyclic Aromatic Hydrocarbons and/or Total Petroleum Hydrocarbons may be required.

2. DTSC recommends that all imported soil and fill material should be tested to assess any contaminants of concern meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment (PEA) Guidance Manual.

Additionally, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of prior land use. Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.

DTSC appreciates the opportunity to comment on the MND for the TM6452, PDP2023- 001 project. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like clarification on DTSC’s comments, please respond to this letter or via email for additional guidance.
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Liz Salazar
October 10, 2024

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Sincerely,
Tamara Purvis
Associate Environmental Planner
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
cc: (via email)
Governor’s Office of Planning and
Research State Clearinghouse
[email protected]
Dave Kereazis
Associate Environmental Planner
HWMP-Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
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AGENDA ITEM NO. 13.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: November 18, 2024
SUBJECT: Consider Various Requests from Wilson Homes regarding Tract Map 6205, a 580-lot subdivision located at the northeast corner of Sunnyside and Shepherd Avenues.
a. Allow for a deviation from city policy regarding reimbursements within Street Area as requested by Wilson Homes
b. Deny the request to deviate from city policy regarding reimbursements of Sewer Major Facility improvements as requested by Wilson Homes c. Deny the request to deviate from city policy regarding reimbursements of Water Major Facility improvements as requested by Wilson Homes d. Deny the request to deviate from the City’s Municipal Code and allow for the deferment of the Water Supply Fee as requested by Wilson Homes
e. Consider Approval, Authorize the City Engineer to execute a Master Development Agreement for Tract Map 6205
Staff: Thad Avery, City Engineer
Recommendation: Approve
ATTACHMENTS: 1. Vicinity Map

2. Draft of the Master Development Agreement as Recommended by Staff

3. Correspondence and Request from Wilson Homes dated October 24, 2024

4. Correspondence and Request from Wilson Homes dated October 28, 2024

5. Correspondence from Various Developers
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AGENDA ITEM NO. 14.

RECOMMENDATION
For the City Council to consider various requests from Wilson Homes that deviate from city policy or City Municipal Code and to consider authorizing the City Engineer to execute a Master Development Agreement with Wilson Homes for the construction of improvements in Shepherd and Sunnyside Avenues. The requests from Wilson Homes are listed below with Staff’s recommendations following in parenthesis:
a. Deviation from City policy regarding reimbursements for the construction of improvements that are part of the Area 1 Street fees (Approval)
b. Deviation from City policy regarding reimbursement for the construction of improvements that are part of the Sewer Major Facilities fee (Denial)
c. Deviation from City policy regarding reimbursement for the construction of improvements that are part of the Water Major Facilities fee (Denial)
d. Deviation from City Municipal Code regarding the timing of payments for the Water Supply fee (Denial)
Staff will make modifications to the following documents in accordance with City Council direction:
a. Master Development Agreement
b. Subdivision Agreement
c. Fee Deferment Agreement

EXECUTIVE SUMMARY
On May 6, 2024, Council approved Resolution 24-54 for Tract 6205 by Wilson Homes. The Conditions of Approval for the project include public infrastructure improvements to the sewer system, the water system and the street system that will be completed with the project. Wilson Homes has submitted written requests for Council’s consideration to deviate from existing policies regarding reimbursements (Attachment 4), to deviate from current policy regarding construction credits for Sewer and Water Major Facility facilities (Attachment 3) and to deviate from the Municipal Code regarding the timing of payments for the Water Supply Fee (Attachment 4).

Staff supports the request by Wilson Homes for the deviation from city policy for reimbursements of the Area 1 Street work. The work will improve safety by softening the curves and providing additional lanes in Shepherd Avenue between Sunnyside and Fowler Avenues.

Staff does not support the request by Wilson Homes for the reimbursement of the sewer and water work by means of taking construction credits against the Major Facility Fee obligations of Tract Map 6205. The recommendation is for Council to consider and deny the request as it conflicts with current Council direction and negatively impacts the City’s ability to fund existing annual debts payments.

Staff does not support the request by Wilson Homes for the deferment of the Water Supply Fee which deviates from Municipal Code. The recommendation is for Council to consider and deny the request as it conflicts with current Council direction and negatively impacts the City’s ability to fund existing annual debts payments.
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AGENDA ITEM NO. 14.

Staff contacted seven (7) Developers, including Wilson Homes, by email on Friday, November 8, to make them aware of the requests. The contacted Developers all have funds on the waiting list for Area 1 Street fees and may be impacted by Council’s decision. The original email and following conversations are included as Attachment 5.

Council’s decisions may result in Staff revising the draft Master Development Agreement, the Subdivision Agreement and the Fee Deferment Agreement for Vesting Tentative Tract Map 6205 (“Tract 6205”).

BACKGROUND
Shepherd Avenue Improvements
Shepherd Avenue between Fowler and Sunnyside Avenues is a heavily traveled section of roadway that has regional significance to the City of Clovis, the City of Fresno and the County of Fresno. This segment is identified as an expressway with the current City of Clovis General Plan that provides connectivity to the City of Fresno to the west and the County of Fresno to the east. Currently, the section is a narrow and curvy roadway with one lane in each direction. The completed section will soften the curve, provide two (2) lanes in each direction and include a median island. The softened curve will provide safety improvements, and the additional lanes will relieve congestion within this section.

The street improvements to Shepherd Avenue are within two (2) separate fee areas, Area 1 (south of the Shepherd centerline) and Area 5 (north of the Shepherd centerline). The project is in and will pay the applicable Development Impact Fees for Area 5, thereby allowing the Area 5 improvements north of the centerline to be used as credits in accordance with the current City policies. However, there are improvements that will be located within Area 1 and south of the centerline that, according to current City policies, will be eligible for reimbursement following completion and acceptance of the work. Wilson Homes has requested the following special consideration for Area 1 fees:
a) Available funds to be set aside for immediate reimbursement, and b) Invoicing and payment of the available funds be made monthly, and c) That reimbursements be placed at the top of the priority list if funds are not immediately available.

The requests to be granted the first priority for reimbursement and the monthly progress payments are supported by staff due to the regional significance of this section, the safety improvements that this completed work provides, and the lessened congestion that will result.

The work will be applicable to four (4) of the Area 1 fees: Traffic Signal, Center Travel Lane, Outside Travel Lane and Undergrounding of Overhead Utilities. Only the Center Travel Lane currently has a waiting list for reimbursements and the other three have a balance. Approval of this request has little impact to the three fees with a balance as the project would be given first priority in payments according to city policy. An approval will guarantee the availability of funds even if another project were to be completed and file for reimbursements. An approval will also provide for monthly progress payments in a manner much like a Capital project. The timing of reimbursements for Center Travel Lane will be affected by an approval as this project would 1085
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receive priority over the six (6) developers currently in the waiting list, one of which is Wilson Homes. The other developers are, in alphabetical order, Clovis Village LLC, Sunrise Pavilion, The Well Community Church, Wathen-Castanos, and Woodside Homes. An approval will guarantee the availability of funds in three of the Area 1 fees and provide the project with first priority in reimbursements from the Area 1 Center Travel Lane Fee.

Staff contacted the above mentioned seven (7) Developers by email on Friday, November 8, to make them aware of the requests. The original email and following conversations are included as Attachment 5.

Council’s decision regarding the reimbursement of the Shepherd Avenue improvements within Street Area 1 will be documented within the Master Development Agreement for Tract 6205.

Revisions, if necessary, will be made to the document before execution by Wilson Homes and the City Engineer.

Sewer Major Facilities
The Project is conditioned and required to install a half mile each of an 8” and a 16” sewer force main in Shepherd Avenue between Sunnyside and Fowler Avenues. These pipes are part of the City’s current Sewer Master Plan that will provide permanent sewer service to Tract Map 6205 and they are part of the Sewer Major Facilities Fee of the City’s Development Impact Fee program. Additional facilities are necessary to complete the permanent service, such as a sewer lift station near the intersection of Willow and Shepherd Avenues, the remaining portions of the 8” and 16” sewer force mains in Shepherd Avenue that total roughly 3.5 miles each between Willow and DeWolf Avenues, and roughly 2 miles of a 36” sewer gravity pipe in DeWolf Avenue from Owens Mountain Parkway to Bullard. Tract 6205 and other projects in the Heritage Grove area are being served temporarily through the pipe in Willow Avenue between Shepherd and Herndon Avenues. There are also several other prior projects south of Shepherd Avenue that have been previously allowed to utilize the same temporary capacity of the Willow pipes. All of them will be converted in the future to their permanent service once it is complete and functional.

It is estimated that the completion of the permanent facilities is approximately 10 years away and is largely dependent on the City’s ability to issue new bonds. Providing the ability for projects to use the temporary service allows projects to move forward at the cost of effectively limiting the ability to further develop in the area roughly between Shepherd, Willow, Bullard, and Fowler.

The ability to receive a reimbursement for the force mains is dependent upon available funds which is typical of all other Development Impact Fees (DIFs). All DIFs include a share of construction costs based on a project’s impact, where the Sewer Major Facilities Fee also includes a share of the City’s annual debt payments. The other fees that do not have an annual debt payment have the ability for Developers to receive construction credits against their project’s fee obligations.

Granting construction credits against a project’s Sewer Major Facilities Fee obligation would effectively grant priority to the reimbursement of that project over the City’s annual debt payments. This would deviate from Council’s June 14, 2021, direction to staff regarding the priority of reimbursements, hinder the City’s ability to collect the funds necessary to cover the 1086
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required annual debt payments and would require the funds to come from another source in periods of low permit activity and low volume of DIF payments. The development community is currently in such a period of low permit activity and low volume of DIF payments, creating an extended timeframe for Developers to be reimbursed when they install facilities within the Sewer Major Facilities Fee.

Staff does not agree with the request from Wilson Homes for the reimbursement of Sewer Major Facilities Fees by means of taking construction credits and recommends that Council deny the request given the fiscal impacts it would have to the City’s ability to collect the funds necessary to cover the annual debt payments. This request is also inconsistent with City policy that what established by council at the June 14, 2021, Council meeting regarding reimbursement priorities and would establish a new precedence.

Council’s decision regarding the reimbursement of the Sewer Major Facility improvements will be documented within the Master Development Agreement, the Subdivision Agreement and the Fee Deferment Agreement for Tract 6205. Revisions, if necessary, will be made to the documents for execution by Wilson Homes and the City Engineer.

Water Major Facilities
The Project is required to install a quarter mile of 12” and a half mile of 16” water pipe in Sunnyside between Nees and Shepherd Avenues. These pipes are part of the City’s current Water Master Plan that will provide a redundant water service to Tract 6205 and they are part of the Water Major Facilities Fee of the City’s Development Impact Fee program. The Project will also install roughly 500 feet of 24” pipe in Sunnyside south of Perrin. The 24” pipe is also part of the City’s current Water Master Plan and is part of the Water Major Facilities Fee of the City’s Development Impact Fee program.

The ability to receive a reimbursement for the water pipes is dependent upon available funds which is typical of all other Development Impact Fees (DIFs). All DIFs include a share of construction costs based on a project’s impact, where the Water Major Facilities Fee also includes a share of the City’s annual debt payments. The other fees that do not have an annual debt payment have the ability for Developers to receive construction credits against their projects fee obligations.

Granting construction credits against a project’s Water Major Facilities Fee obligation would effectively grant priority to the reimbursement of that project over the City’s annual debt payments. This would deviate from Council’s June 14, 2021, direction to staff regarding the priority of reimbursements, hinder the City’s ability to collect the funds necessary to cover the required annual debt payments and would require the funds to come from another source in periods of low permit activity and low volume of DIF payments. The development community is currently in such a period of low permit activity and low volume of DIF payments, creating an extended timeframe for Developers to be reimbursed when they install facilities within the Water Major Facilities Fee.
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Staff does not agree with the request from Wilson Homes for the reimbursement of Water Major Facilities Fees by means of taking construction credits and recommends that Council deny the request given the fiscal impacts it would have to the City’s ability to collect the funds necessary to cover the annual debt payments. This request is also inconsistent with City policy that what established by council at the June 14, 2021, Council meeting regarding reimbursement priorities and would establish a new precedence.

Council’s decision regarding the reimbursement of the Water Major Facility improvements will be documented within Master Development Agreement, the Subdivision Agreement and the Fee Deferment Agreement for Tract 6205. Revisions, if necessary, will be made to the documents for execution by Wilson Homes and the City Engineer.

Water Supply Fee
The Project is located outside of the Fresno Irrigation District (FID) and does not have a water allocation to transfer to the City. It is instead required by the Municipal Code to pay its obligation of the Water Supply Fee so that the City can purchase water entitlements to provide service to the project. This fee is not among the list of deferrable fees according to Municipal Code 3.6.05.

The fee is established to allow the City to not only purchase water entitlements but to also allow the City to participate in regional water banking.

The City has a programmed annual payment that should be funded by the collection of DIFs although this has not been the case historically. Granting the ability to defer the payment of this obligation would further widen the gap between payments and collections.

Staff does not agree with the request for the deferred payments of the Water Supply Fee from Wilson Homes and recommends that Council deny the request given the fiscal impacts it would have to the City’s ability to collect the funds necessary to cover the annual debt payments and the precedence it would establish.

Council’s decision regarding the deferment of the Water Supply Fee will be documented within the Subdivision Agreement and the Fee Deferment Agreement for Tract 6205. Revisions, if necessary, will be made to both documents for execution by Wilson Homes and the City Engineer.

FISCAL IMPACT
The timing of reimbursements within Street Area 1 will be affected by the approval.

REASON FOR RECOMMENDATION
Staff recommends approval of the requested deviation from the reimbursement process for work in Shepherd Avenue within Street Area 1. The deviation will contribute to the timely completion of regionally significant improvements.

Staff recommends denial of the requested deviation in city council policy for the reimbursement of Sewer and Water Major Facility Fees by means of construction credits. There are significant fiscal impacts to the City’s ability to fund the annual bond debt. 1088
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Staff recommends denial of the requested deviation from the Municipal Code for the deferred payments of the Water Supply Fee. There are significant fiscal impacts to the City’s ability to fund the annual payments.

ACTIONS FOLLOWING APPROVAL

1. The Master Development Agreement will be modified as needed to follow Council’s direction.

2. The Subdivision Agreement related to the project will be revised as needed to follow Council’s direction.

3. The Fee Deferment Agreement related to the project will be revised as needed to follow Council’s direction.

CONFLICT OF INTEREST
None.

Prepared by: Sean Smith, Supervising Civil Engineer
Reviewed by: City Manager JH
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Water Major Facilities
Area 1 Street Improvements
Sewer Major Facilities Attachment 1
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1 MASTER DEVELOPMENT AGREEMENT
TENTATIVE TRACT No. 6205
This Master Development Agreement (“Agreement”) is entered into on _________________, 2024, (“Effective Date”), by and between the CITY OF CLOVIS, a Municipal Corporation, hereinafter designated and called “City,” and Great Bigland, LP, a California Limited Partnership, hereinafter designated and called “Subdivider” without regard for number or gender.

RECITALS
WHEREAS, the City and the Subdivider desire to enter into an agreement that will:
a. Set forth the methods to be employed for the assignment of development fees, reimbursements, and credits related to Off-Site construction and Shepherd Avenue improvements for the multiple phases of Tentative Tract Map No. 6205, hereinafter referred to as “the Project”, and
b. Establish that Phase I shall be Tract 6205, Phase II shall be Tract 6457, and Phase III shall be Tract 6458, and
c. Establish a desired schedule for the construction of Off-Site improvements necessary to serve the Project, and
d. Formalize the various agreements reached between the City and the Subdivider related to the construction and timing of the public facilities and improvements serving the Project, and
e. Serve as the master document to govern the orderly development of the Project in multiple phases.

AGREEMENT
NOW, therefore, it is mutually agreed and understood by and between the Subdivider and the City as follows:

1. Off-Site improvements necessary to serve the Project to be constructed by the Subdivider are as follows:

Attachment 2
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2 a. 8” Sewer Force Main (Major Facilities) – Installation of an 8” diameter sanitary sewer force main, generally in the Shepherd Avenue alignment between Sunnyside Avenue and Fowler Avenue. The construction of the said main from Sunnyside Avenue to Fordham Avenue must be completed and deemed acceptable by the City Engineer prior to City Council acceptance of Phase I (Tract 6205) of the Project. The construction of the said work from Fordham Avenue to Fowler Avenue must be completed and deemed acceptable by the City Engineer prior to City Council acceptance of Phase III (Tract 6458) of the Project.
b. 16” Sewer Force Main (Major Facilities) – Installation of a 16” diameter sanitary sewer force main, generally in the Shepherd Avenue alignment between Sunnyside Avenue and Fowler Avenue. The construction of the said main from Sunnyside Avenue to Fordham Avenue must be completed and deemed acceptable by the City Engineer prior to City Council acceptance of Phase I (Tract 6205) of the Project. The construction of the said work from Fordham Avenue to Fowler Avenue must be completed and deemed acceptable by the City Engineer prior to City Council acceptance of Phase III (Tract 6458) of the Project.
c. Shepherd Sewer (oversize) – Installation of a master planned 15” sewer main generally in the Shepherd Avenue alignment between Sunnyside Avenue and Fowler Avenue. The construction of the said main from Sunnyside Avenue to Fordham Avenue must be completed and acceptable by the City Engineer prior to the first occupancy of any dwelling units in the Project. The construction of the said main from Fordham Avenue to Fowler Avenue must be completed and 1092
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3 deemed acceptable by the City Engineer prior to City Council acceptance of Phase III (Tract 6458) of the Project.
d. Sunnyside Water (Major Facilities) - Installation of master planned 24” water mains generally in the Sunnyside Avenue alignment between Heirloom Avenue and Perrin Avenue. The construction of said main must be complete and deemed acceptable by the City Engineer prior to City Council acceptance of Phase II (Tract 6457) of the Project.
e. Sunnyside Water (Major Facilities) - Installation of master planned 12” and 16” water mains generally in the Sunnyside Avenue alignment between Omaha Avenue and Shepherd Avenue. The construction of said main must be complete and deemed acceptable by the City Engineer prior to City Council acceptance of Phase III (Tract 6458) of the Project.
f. Perrin Water - Installation of master planned 8” water mains generally in the Perrin Avenue alignment between Sunnyside Avenue and the Project. The construction of said main must be complete and deemed acceptable by the City Engineer prior to City Council acceptance of Phase II (Tract 6457) of the Project.
g. Shepherd Water (oversize) - Installation of master planned 16” water mains generally in the Shepherd Avenue alignment between Sunnyside Avenue and Fowler Avenue. The construction of said main must be complete and deemed acceptable by the City Engineer prior to City Council acceptance of Phase III (Tract 6458) of the Project.
h. Shepherd Avenue (CTL) – Construction of center travel lane (CTL) in Shepherd Avenue alignment between Sunnyside Avenue and Fowler Avenue.

The construction of the said work must be completed and deemed acceptable 1093
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4 by the City Engineer prior to City Council acceptance of Phase III (Tract 6458) of the Project.
i. Shepherd Avenue (OTL) - Construction of outside travel lane (OTL) in Shepherd Avenue alignment between Sunnyside Avenue and Fowler Avenue.

The construction of the said work must be completed and deemed acceptable by the City Engineer prior to City Council acceptance of Phase III (Tract 6458) of the Project.
j. Right-of-Way and Temporary Improvements – The Subdivider is required to acquire additional right-of-way for Shepherd Avenue between Sunnyside and Fowler on behalf of the City for the OTL and trail improvements adjacent to the Project. Temporary improvements and multiple mobilizations may be required for the Shepherd Avenue improvements depending on the timing of the right-ofway acquisition.

2. Reimbursement and/or credits from construction of Offsite improvements installed by the Subdivider are as follows:
a. Street Area 5
i. The engineer’s estimates for these improvements (Exhibit “A”) will be the basis for granting credits on individual phases of the project. The Subdivider will be allowed to apply the total cost of eligible improvements in each fee category as indicated in the estimates toward the fee obligation of the phase being considered. These fee credits can be carried forward from one phase to the next until the cumulative fee obligation of all phases approved to date is equal to the total estimated cost for that category. The City Engineer will be responsible for keeping an accounting of the fee credits granted for the Project. 1094
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5 b. OTL Area 1
i. The engineer’s estimates for these improvements (Exhibit “A”) are typically used as the basis for granting credits on individual phases of the Project. The Project has been approved by Council to deviate from the typical process for credits and reimbursements.
ii. The Subdivider shall submit construction bids for the work for the City Engineer to review and approve. Upon approval of the bids, the City Engineer shall set aside the reimbursement amount for the Subdivider based on available funds from OTL Area 1. Monthly progress payments shall be made to the Subdivider based on submitted invoices. In the event that funds are not available at the time of this Agreement, the Subdivider’s payments will be placed at the top of the waiting list. iii. Change orders must be reviewed and approved by the City Engineer prior to providing additional funds.
c. CTL Area 1
i. The engineer’s estimates for these improvements (Exhibit “A”) are typically used as the basis for granting credits on individual phases of the Project. The Project has been approved by Council to deviate from the typical process for credits and reimbursements.
ii. The Subdivider shall submit construction bids for the work for the City Engineer to review and approve. Upon approval of the bids, the City Engineer shall set aside the reimbursement amount for the Subdivider based on available funds from CTL Area 1. Monthly progress payments shall be made to the Subdivider based on submitted invoices. In the 1095
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6 event that funds are not available at the time of this Agreement, the Subdivider’s payments will be placed at the top of the waiting list. iii. Change orders must be reviewed and approved by the City Engineer prior to providing additional funds.
d. Traffic Signal Area 1
i. The engineer’s estimates for these improvements (Exhibit “A”) are typically used as the basis for granting credits on individual phases of the Project. The Project has been approved by Council to deviate from the typical process for credits and reimbursements.
ii. The Subdivider shall submit construction bids for the work for the City Engineer to review and approve. Upon approval of the bids, the City Engineer shall set aside the reimbursement amount for the Subdivider based on available funds from Traffic Area 1. Monthly progress payments shall be made to the Subdivider based on submitted invoices.

In the event that funds are not available at the time of this Agreement, the Subdivider’s payments will be placed at the top of the waiting list. iii. Change orders shall be reviewed and approved by the City Engineer prior to providing additional funds.
f. Sewer (Major Facilities)
i. The engineer’s estimates for these improvements (Exhibit “A”) are typically used as the basis for granting future reimbursements on individual phases of the Project. The Project shall follow the City’s reimbursement process on the Effective Date of this Agreement unless later modified.
ii. The Subdivider shall submit construction bids for the work for the City Engineer to review and approve. Upon approval of the bids, the City Engineer shall allow the agreed upon amount to be used for future reimbursements in accordance with the City’s applicable reimbursement process.
iii. Change orders shall be reviewed and approved by the City Engineer prior to providing additional credits.
g. Water (Major Facilities)
i. The engineer’s estimates for these improvements (Exhibit “A”) are typically used as the basis for granting future reimbursements on individual phases of the Project. The Project shall follow the City’s 1097
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8 applicable reimbursement process on the Effective Date of this Agreement unless later modified.
ii. The Subdivider shall submit construction bids for the work for the City Engineer to review and approve. Upon approval of the bids, the City Engineer shall allow the agreed upon amount to be used for future reimbursements in accordance with the City’s applicable reimbursement process.
iii. Change orders shall be reviewed and approved by the City Engineer prior to providing additional credits.

3. This Agreement may not be modified or amended except in writing signed by both parties.

Time is of the essence of this Agreement and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. The parties have executed this Agreement to be effective on the Effective Date.

CITY OF CLOVIS, Great Bigland, LP,
A Municipal Corporation A California Limited Partnership By: Great Bigland, Inc.,
A California Corporation
By____________________________ By_____________________________ Thad Avery, City Engineer Todd A. Wilson, Secretary

COVENANTOR SHALL ATTACH NOTARY ACKNOWLEDGMENT

CITY SHALL ATTACH CERTIFICATE OF ACKNOWLEDGMENT
SeanS H:\DRULog\DRUProjectFiles\TM\6000\6200\6205\2 - Development Review\2 - Draft\TM 6205 - Doc - Master Development Agreement - CLEAN.doc 1098
AGENDA ITEM NO. 14.
9 MASTER DEVELOPMENT AGREEMENT
TENTATIVE TRACT No. 6205
Exhibit A
Engineer’s Estimate
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Item Quantity Unit Unit Cost Total
AREA 1 - Center Travel Lane (Shepherd Avenue)
Agg. Base 1,196 TN $ 50.00 $ 59,800.00
A.C. Pavement 983 TN $ 92.00 $ 90,436.00
8" Median Curb 2,608 LF $ 22.50 $ 58,680.00
Median Landscaping & Irrigation 10,074 SF $ 13.00 $ 130,962.00 Median Stamped Concrete Cap 2,485 SF $ 15.00 $ 37,275.00 Striping & Signage 1 LS $ 2,500.00 $ 2,500.00
Subtotal: $ 379,653.00
AREA 1 - Outside Travel Lane (Shepherd Avenue)
Agg. Base 1,478 TN $ 50.00 $ 73,900.00
A.C. Pavement 1,215 TN $ 92.00 $ 111,780.00
6" Concrete Curb & Gutter 1,841 LF $ 14.75 $ 27,154.75
Streetlights 16 EA $ 9,500.00 $ 152,000.00
Conrete Sidewalk 515 SF $ 5.75 $ 2,961.25
Subtotal: $ 367,796.00
AREA 5 - Center Travel Lane (Shepherd Avenue)
Agg. Base 1,605 TN $ 50.00 $ 80,250.00
A.C. Pavement 1,319 TN $ 92.00 $ 121,348.00
8" Median Curb 2,243 LF $ 22.50 $ 50,467.50
Median Landscaping & Irrigation 10,189 SF $ 13.00 $ 132,457.00 Median Stamped Concrete Cap 3,775 SF $ 15.00 $ 56,625.00 Striping & Signage 1 LS $ 2,500.00 $ 2,500.00
Subtotal: $ 443,647.50
AREA 5 - Outside Travel Lane (Shepherd Avenue)
Agg. Base 2,129 TN $ 50.00 $ 106,450.00
A.C. Pavement 1,750 TN $ 92.00 $ 161,000.00
6" Concrete Curb & Gutter 2,491 LF $ 14.75 $ 36,742.25
Wheelchair Ramp 2 EA $ 4,200.00 $ 8,400.00
Concrete Sidewalk 1,035 SF $ 5.75 $ 5,951.25
Right of Way Deposit 1 EA $ 301,320.00 $ 301,320.00
Streetlights 16 EA $ 9,500.00 $ 152,000.00
Subtotal: $ 771,863.50
Sewer Major Facilities
16" Force Main 2,663 LF $ 215.00 $ 572,545.00
8" Force Main 2,663 LF $ 65.00 $ 173,095.00
Connection to Exisiting 1 LS $ 4,000.00 $ 4,000.00
Subtotal: $ 749,640.00
Sewer Oversize
15" Sewer Main (Oversize) 1,819 LF $ 57.51 $ 104,610.69 15" Sewer Main (Overdepth) 1,819 LF $ 33.39 $ 60,736.41 Subtotal: $ 165,347.10
Water Oversize
16" Water Main 351 LF $59.02 $ 20,716.02
16" Water Valve 1 EA $2,081.00 $ 2,081.00
Subtotal: $ 22,797.02
EXHIBIT "A"

Page 1 of 1 ends

Construction Credit
GREAT BIGLAND INC.

TM 6205 - Master Development Agreement
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AGENDA ITEM NO. 14.

Water Major Facilities
Sawcut Pavement 7,650 LF $3.25 $ 24,862.50
A.C. Pavement Removal 15,288 SF $300.00 $ 4,586,400.00
Remove Temporary Blow Off 1 EA $3,250.00 $ 3,250.00
16" Water Main 2,305 LF $250.00 $ 576,250.00
16" Water Main (w/ casing) 170 LF $800.00 $ 136,000.00
12" Water Main 1,347 LF $150.00 $ 202,050.00
16" Gate Valve 2 EA $7,250.00 $ 14,500.00
12" Gate Valve 2 EA $5,000.00 $ 10,000.00
Fire Hydrant Assembly 2 EA $11,000.00 $ 22,000.00
Wet Tie 2 EA $7,500.00 $ 15,000.00
A.C. Trench Patching 3,822 LF $48.00 $ 183,456.00
Striping Repairs 1 LS $2,000.00 $ 2,000.00
Subtotal: $ 5,190,762.50
Non-Potable Water
24" Non-Potable Water Main 2,051 LF $485.00 $ 994,735.00 Remove Existing 24" Cap 1 EA $250.00 $ 250.00
8" Blowoff Assembly 1 EA $6,900.00 $ 6,900.00
Subtotal: $ 1,001,885.00
Underground Area 1
Underground Overhead Utilities (Rule 20) 1 LS $1,000,000.00 $ 1,000,000.00 Subtotal: $ 1,000,000.00
Traffic Signal Area 1
Traffic Signal 1 LS $50,000.00 $ 50,000.00
Subtotal: $ 50,000.00
Traffic Signal Area 5
Traffic Signal 1 LS $50,000.00 $ 50,000.00
Subtotal: $ 50,000.00
Note: Construction credits only shows only shows credits confirmed by the City. All other work preformed by the project shall be reviewed with a different document.
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Attachment 3
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Attachment 4
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AGENDA ITEM NO. 14.
1 Sean Smith
From: Sean Smith
Sent: Friday, November 8, 2024 1:26 PM
Cc: John Holt; Renee Mathis; Thad Avery
Subject: Clovis Council Item to consider reimbursements Request to Deviate from Current City Policy on the Order of Reimbursement for Roadway Construction The City of Clovis is in receipt of a request from Wilson Homes to be placed at the top of the list for reimbursement for future roadway construction work along Shepherd Avenue, between Sunnyside and Fowler Avenues, associated with Tract Map 6205.

You are being notified because your organization is currently in line for reimbursement from the City’s streets account, and should this request be approved by our City Council the timing of your reimbursement could be delayed.

The Clovis City Council will consider this request at its regularly scheduled meeting on Monday, November 18, 2024, starting at 6:00pm. There is a portion of the meeting that will be devoted to this item and there will be an opportunity for the members of the public to address the City Council on this item. Written comments are also acceptable for consideration by the Council. The full text of the Council packet covering this item will be available after 3:00 p.m. on Thursday November 14, 2024, at https://cityofclovis.com/government/citycouncil/city-council-agendas/.

Staff will be recommending approval of the request to City Council.

Organizations contacted by this email (in alphabetical order):

1. Clovis Village LLC

2. Lennar Fresno

3. Sunrise Pavilion

4. The Well Community Church

5. Wathen-Castanos

6. Wilson Homes

7. Woodside Homes
Please note that City offices will be closed Monday, Nov. 11, in observance of Veteran’s Day.

If you have any further questions, please feel free to reach out to me directly.

The front counter is open 8am to 4:30pm; staff is otherwise available by appointment, email or phone.

Sean K. Smith PE QSD | Supervising Civil Engineer
City of Clovis | Engineering Division
Development Review
1033 Fifth Street, Clovis, CA 93612
p. 559.324.2363 | f. 559-324-2843 | m. 559-765-7505
[email protected]

cc: project file
Attachment 5
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AGENDA ITEM NO. 14.
1 Sean Smith
From: Matt Smith <[email protected]>
Sent: Friday, November 8, 2024 2:37 PM
To: Renee Mathis
Cc: Sean Smith; John Holt; Thad Avery
Subject: RE: [External] RE: Clovis Council Item to consider reimbursements Categories: Important
Thanks ReneeCan you briefly explain Wilson’s rationale for why they would believe jumping the line makes sense? Thanks- Matt
From: Renee Mathis <[email protected]>
Sent: Friday, November 8, 2024 2:32 PM
To: Matt Smith <[email protected]>
Cc: Sean Smith <[email protected]>; John Holt <[email protected]>; Thad Avery <[email protected]> Subject: RE: [External] RE: Clovis Council Item to consider reimbursements Hi Matt,
We will convey your message below to Council. You are also encouraged to attend the meeting and speak during public comment.

Renee Mathis | Director
City of Clovis | Planning & Development Services
p. 559.324.2351 | f. 559.324.2844
[email protected]
From: Matt Smith <[email protected]>
Sent: Friday, November 8, 2024 2:11 PM
To: Sean Smith <[email protected]>; Andrew Phelps <[email protected]> Cc: John Holt <[email protected]>; Renee Mathis <[email protected]>; Thad Avery <[email protected]> Subject: [External] RE: Clovis Council Item to consider reimbursements Sean,
Woodside would request that the City not allow any builder to jump to the front of any of the developer construction/reimbursement funds being administered by the City. Woodside is waiting our turn in line, and it would break with the city precedent, and fair-minded thinking, to allow another builder to step in front of us.

Please reach out directly to me with any questions.

You don't often get email from [email protected]. Learn why this is important 1106
AGENDA ITEM NO. 14.
2 Best- Matt
From: Sean Smith <[email protected]>
Sent: Friday, November 8, 2024 1:26 PM
Cc: John Holt <[email protected]>; Renee Mathis <[email protected]>; Thad Avery <[email protected]> Subject: Clovis Council Item to consider reimbursements Request to Deviate from Current City Policy on the Order of Reimbursement for Roadway Construction The City of Clovis is in receipt of a request from Wilson Homes to be placed at the top of the list for reimbursement for future roadway construction work along Shepherd Avenue, between Sunnyside and Fowler Avenues, associated with Tract Map 6205.

The Clovis City Council will consider this request at its regularly scheduled meeting on Monday, November 18, 2024, starting at 6:00pm. There is a portion of the meeting that will be devoted to this item and there will be an opportunity for the members of the public to address the City Council on this item. Written comments are also acceptable for consideration by the Council. The full text of the Council packet covering this item will be available after 3:00 p.m. on Thursday November 14, 2024, at https://link.edgepilot.com/s/c517ab8b/Gxm0BSxmmEuCJ5fKCLh7hg?u=https://cityofclovis.com/government/cit y-council/city-council-agendas/.

Staff will be recommending approval of the request to City Council.

Organizations contacted by this email (in alphabetical order):

1. Clovis Village LLC

2. Lennar Fresno

3. Sunrise Pavilion

4. The Well Community Church

5. Wathen-Castanos

6. Wilson Homes

7. Woodside Homes
Please note that City offices will be closed Monday, Nov. 11, in observance of Veteran’s Day.

If you have any further questions, please feel free to reach out to me directly.

The front counter is open 8am to 4:30pm; staff is otherwise available by appointment, email or phone.

cc: project file
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AGENDA ITEM NO. 14.
3 recipient (or authorized to receive for the recipient), please contact the sender by reply e-mail and delete all copies of this message.

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AGENDA ITEM NO. 14.
1 Sean Smith
From: Kevin Tweed <[email protected]>
Sent: Friday, November 8, 2024 2:44 PM
To: Sean Smith
Cc: John Holt; Renee Mathis; Thad Avery
Subject: [External] RE: Clovis Council Item to consider reimbursements Categories: Important
Hello Sean,
Why would the sta recommend approval of this request which obviously favors one developer over everyone else and clearly deviates from City policy?
Kevin
Kevin Tweed
12073 N. Warren Street, Hayden, ID 83835
Cell: 208-889-9965
[email protected]
From: Sean Smith <[email protected]>
Sent: Friday, November 8, 2024 1:26 PM
Cc: John Holt <[email protected]>; Renee Mathis <[email protected]>; Thad Avery <[email protected]> Subject: Clovis Council Item to consider reimbursements Request to Deviate from Current City Policy on the Order of Reimbursement for Roadway Construction The City of Clovis is in receipt of a request from Wilson Homes to be placed at the top of the list for reimbursement for future roadway construction work along Shepherd Avenue, between Sunnyside and Fowler Avenues, associated with Tract Map 6205.

The Clovis City Council will consider this request at its regularly scheduled meeting on Monday, November 18, 2024, starting at 6:00pm. There is a portion of the meeting that will be devoted to this item and there will be an opportunity for the members of the public to address the City Council on this item. Written comments are also acceptable for consideration by the Council. The full text of the Council packet covering this item will be available after 3:00 p.m. on Thursday November 14, 2024, at https://link.edgepilot.com/s/483025d6/U47_wYN6206m2YIhltFjvw?u=https://cityofclovis.com/government/citycouncil/city-council-agendas/.

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AGENDA ITEM NO. 14.
2 Staff will be recommending approval of the request to City Council.

Organizations contacted by this email (in alphabetical order):

1. Clovis Village LLC

2. Lennar Fresno

3. Sunrise Pavilion

4. The Well Community Church

5. Wathen-Castanos

6. Wilson Homes

7. Woodside Homes
Please note that City offices will be closed Monday, Nov. 11, in observance of Veteran’s Day.

If you have any further questions, please feel free to reach out to me directly.

The front counter is open 8am to 4:30pm; staff is otherwise available by appointment, email or phone.

cc: project file
This e-mail may contain confidential and privileged material for the sole use of the intended recipient.

Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply e-mail and delete all copies of this message.

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AGENDA ITEM NO. 14.
1 Sean Smith
From: Sean Smith
Sent: Tuesday, November 12, 2024 1:05 PM
To: 'Joshua Peterson'
Cc: John Holt; Renee Mathis; Thad Avery; Adrienne Burns Subject: RE: [External] RE: Clovis Council Item to consider reimbursements Categories: Important
Josh,
Thank you, and I have left a message for Adrienne in case she would like some more details before the full staff report is published online this Thursday.

cc: project file
From: Joshua Peterson <[email protected]>
Sent: Tuesday, November 12, 2024 9:03 AM
To: Sean Smith <[email protected]>
Cc: John Holt <[email protected]>; Renee Mathis <[email protected]>; Thad Avery <[email protected]>; Adrienne Burns <[email protected]>
Subject: RE: [External] RE: Clovis Council Item to consider reimbursements Sean,
Adrienne will be in attendance to express our opposition to this request. Additionally, sta and council should be aware of legal challenges that may arise from the approval of special favors for certain developers over others.

Thank you,
Joshua Peterson
Owner / President
WCP Developers, LLC
CA DRE Lic #01918001
Phone: 559.432.8181 ext. 139
2505 Alluvial Avenue, Clovis, 93611
1111
AGENDA ITEM NO. 14.
2 From: Sean Smith <[email protected]>
Sent: Monday, November 11, 2024 12:35 PM
To: Joshua Peterson <[email protected]>
Cc: John Holt <[email protected]>; Renee Mathis <[email protected]>; Thad Avery <[email protected]> Subject: RE: [External] RE: Clovis Council Item to consider reimbursements Josh,
Noted, we will share this with Council. You are also encouraged to attend the meeting and speak during the public comment period of this item.

cc: project file
From: Joshua Peterson <[email protected]>
Sent: Monday, November 11, 2024 8:45 AM
To: Sean Smith <[email protected]>
Cc: John Holt <[email protected]>; Renee Mathis <[email protected]>; Thad Avery <[email protected]> Subject: [External] RE: Clovis Council Item to consider reimbursements Thank you Sean. We are NOT in agreement with Wilson Homes. Every builder understands the reimbursement process and the timing of those payments.

Joshua Peterson
Owner / President
WCP Developers, LLC
CA DRE Lic #01918001
Phone: 559.432.8181 ext. 139
2505 Alluvial Avenue, Clovis, 93611

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AGENDA ITEM NO. 14.
3 From: Sean Smith <[email protected]>
Sent: Friday, November 8, 2024 1:26 PM
Cc: John Holt <[email protected]>; Renee Mathis <[email protected]>; Thad Avery <[email protected]> Subject: Clovis Council Item to consider reimbursements Request to Deviate from Current City Policy on the Order of Reimbursement for Roadway Construction The City of Clovis is in receipt of a request from Wilson Homes to be placed at the top of the list for reimbursement for future roadway construction work along Shepherd Avenue, between Sunnyside and Fowler Avenues, associated with Tract Map 6205.

The Clovis City Council will consider this request at its regularly scheduled meeting on Monday, November 18, 2024, starting at 6:00pm. There is a portion of the meeting that will be devoted to this item and there will be an opportunity for the members of the public to address the City Council on this item. Written comments are also acceptable for consideration by the Council. The full text of the Council packet covering this item will be available after 3:00 p.m. on Thursday November 14, 2024, at https://link.edgepilot.com/s/add7b2d7/3fGPnsK2dEyErx2MdiXumQ?u=https://cityofclovis.com/government/citycouncil/city-council-agendas/.

Staff will be recommending approval of the request to City Council.

Organizations contacted by this email (in alphabetical order):

1. Clovis Village LLC

2. Lennar Fresno

3. Sunrise Pavilion

4. The Well Community Church

5. Wathen-Castanos

6. Wilson Homes

7. Woodside Homes
Please note that City offices will be closed Monday, Nov. 11, in observance of Veteran’s Day.

If you have any further questions, please feel free to reach out to me directly.

The front counter is open 8am to 4:30pm; staff is otherwise available by appointment, email or phone.

cc: project file
This e-mail may contain confidential and privileged material for the sole use of the intended recipient.

Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended You don't often get email from [email protected]. Learn why this is important 1113
AGENDA ITEM NO. 14.
4 recipient (or authorized to receive for the recipient), please contact the sender by reply e-mail and delete all copies of this message.

If suspicious content is detected, you will see a warning.

If suspicious content is detected, you will see a warning. 1114
AGENDA ITEM NO. 14.

Clovis City CouncilNovember 18, 2024

Clovis City Council
November 18, 2024