Clovis City Council
December 2, 2024

December 02, 2024 - 1 - 12:13 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

December 2, 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 December 02, 2024 - 2 - 12:13 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 Basgall

ROLL CALL

PUBLIC COMMENTS - This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 3 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact the City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.

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 vo te as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.

1. Administration - Approval - Minutes for the November 18, 2024, Regular Council Meeting and the November 18, 2024, Special Council Meeting.

2. Administration - Adopt - Ord. 24-17, Amending Sections 2.7.06 and 2.7.08 of Chapter

2.7 and Section 2.9.03 of Chapter 2.9 of Title 2 of the Clovis Municipal Code Pertaining to the City Purchasing System and Procurement Procedures for Public Projects. (Vote:
5-0)

3. Administration - Approval - Waive Normal Purchasing Process and approve the purchase of a next generation enterprise cybersecurity system from CDWG Corporation using the Omnia cooperative purchasing program; a competitively bid 2 December 02, 2024 - 3 - 12:13 PM contract with purchasing provisions for California State and Local government agencies in the amount of $54,978.89 per year for three years.

4. General Services – Approval – Res. 24-___, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Parks Supervisor Classification with a Salary Range of $8,773 to $10,665 per month.

5. General Services – Approval - Waive the City’s Usual Purchasing Requirements and Authorize the Purchase of One (1) Ram Promaster Transit Vehicle for $170,610.05 Utilizing the California Association for Cooperative Transportation (CalACT) Competitive Bid Award.

6. Planning and Development Services – Approval – Final Acceptance for CIP 24 -01, Rubberized Cape Seal 2024.

7. Planning and Development Services – Approval – Bid Award for CIP 24-06, New Bus Stops: B2 to Cervantes Landscape Services, Inc., in the amount of $167,172.00; and authorize the City Manager to execute the contract on behalf of the City.

8. Planning and Development Services – Approval – Bid Award for CIP 24-24, Santa Ana Sidewalk Improvements to Platinum Dirt Worx, LLC, in the amount of $74,594.02; and authorize the City Manager to execute the contract on behalf of the City.

9. Planning and Development Services - Approval – Res. 24-___, Final Map Tract 6205 located on northeast corner of Shepherd Avenue and Sunnyside Avenue (Great Bigland, Inc., a California Corporation).

10. Planning and Development Services - Approval – Res. 24 -___, Annexation of Proposed Tract 6205 located on northeast corner of Shepherd Avenue and Sunnyside Avenue to the Landscape Maintenance District No. 1 of the City of Clovis. (Great Bigland, Inc., a California Corporation).

11. Public Utilities – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of One Case 521G XT Wheel Loader Tract or from Sequoia Equipment Company Using the Sourcewell Cooperative Purchasing Contract in the Amount of $204,892.59.

12. Public Utilities – Approval – Final Acceptance for CIP 23 -17, Sierra Bicentennial Dog Park Improvements, with a Final Contract Cost of $66,196.86.

CHRISTMAS TREE LIGHTING CEREMONY

COUNCIL ITEMS

13. Consider Approval - Re-appointment to Consolidated Mosquito Abatement District for a term ending December 31, 2026.

Staff: John Holt, City Manager
Recommendation: Approve

PRESENTATIONS/PROCLAMATIONS

14. Presentation of Proclamation honoring General Services Director Shonna Halterman upon her retirement and commending her for 30 years of service to the Clovis Community.

3 December 02, 2024 - 4 - 12:13 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 Approval – Res. 24-___, Adoption of a Resolution Amending the 2019-2020 Community Development Block Grant (CDBG) Action Plan and the 2016 -2020 Consolidated Plan to change the use of Community Development Block Grant – Coronavirus (CDBG-CV) funds from the Utilities Assistance Program and Program Administration to the Water Tower I Trail Expansion for the prevention of the spread of Coronavirus by increasing the capacity for social distancing; and Consider Approval – Res. 24 -___, Amend the 2 024-2025 Community Investment Program Budget for Parks Improvements, to include Water Tower 1 Trail Plaza Improvements in the amount of $155,876.

Staff: Claudia Cazares, Housing Program Manager
Recommendation: Approve

16. Conduct a Proposition 218 Public Hearing and Majority Protest Vote to Implement a Water Meter Installation Fee to Unmetered Parcels in Tarpey Village; and Consider Approval – Res. 24 - __, A Resolution of the City Council of the City of Clovis Authorizing a Water Meter Installation Fee.

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

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

17. 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 1 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.

Staff: Thad Avery, City Engineer
Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS
4 December 02, 2024 - 5 - 12:13 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.

18. Government Code section 54956.9
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Deciding whether to initiate litigation pursuant to Government Code section 54956.9, subdivision (d)(4): One potential case

19. Government Code Section 54957.6
Conference with Labor Negotiator(s)
Agency designated representative: City Attorney
Unrepresented employee: City Manager

20. Government Code Section 54957

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Title: City Manager

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:

Dec. 9, 2024 (Mon.)
Dec. 16, 2024 (Mon.)
Jan. 6, 2025 (Mon.)
Jan. 13, 2025 (Mon.)
Jan. 21, 2025 (Tue.)

5 PRELIMINARY - SUBJECT TO APPROVAL

CLOVIS CITY COUNCIL CLOSED SESSION ONLY SPECIAL MEETING

November 18, 2024 4:00 P.M. Transit Center

Meeting called to order by Mayor Ashbeck at 4:00 p.m.

Flag Salute led by Councilmember Pearce

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

Mayor Pro Tem Mouanoutoua was absent during roll call and joined the meeting at 4:04 p.m.

CLOSED SESSION – 4:01 p.m.

Upon call, there was no public comment.

ITEM 1 - GOVERNMENT CODE SECT ION 54957 PUBLIC EMPLOYEE APP OINTMENT / EMPLOYMENT TITLE: CITY MANAGER

RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION

No action taken.

ADJOURNMENT

Mayor Ashbeck adjourned the special meeting of the Council to November 18, 2024.

Meeting adjourned: 5:30 p.m.

______________________________ ________________________________ Mayor City Clerk
6 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

CLOVIS CITY COUNCIL MEETING

November 18, 2024 6:00 P.M. Council Chamber

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

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

PRESENTATION – 6:01

6:01 – ITEM 1 - PRESENTATION OF PROCLAMATION RECOGNIZING NOVEMBER 18, 2024, AS NATIONAL INJURY PREVENTION DAY.

PUBLIC COMMENTS – 6:05

Upon call, there was no public comment.

CONSENT CALENDAR – 6:06

Upon call, there was no public comment.

Motion by Councilmember Bessinger, seconded by Councilmember Basgall, that the items, with the exception of item 6, on the Consent Calendar be approved. Motion carried by unanimous vote.

2. Administration - Approval - Minutes for the November 12, 2024, Special Meeting, and the November 12, 2024, Regular Council Meeting.

3. Finance - Receive and File – Year-end report for all funds as of June 30, 2024.

4. General Services - Approval – Res. 24 -119, Authorizing Amendments to the City’s Classification and Compensation Plans to adopt the Revenue Supervisor Classification with a Salary Range of $8,773 to $10,665 per month, and Approval – Res. 24 -120, Amending the City’s FY 24-25 Position Allocation Plan to add one (1) Revenue Supervisor Position within the Finance Department.

5. General Services – Approval – Res. 24 -121, Amending the City’s Classification and Compensation Plans by Revising the Senior Services Supervisor Classification with a Salary Range of $8,773 to $10,665 per month; and Approval – Res. 24.122, Amending the City’s FY 2024-2025 Position Allocation Plan by adding one (1) Senior Services Supervisor within General Services; and Approval – Res. 24-123, Amending the General Services Budget to reflect an additional $71,000 in General Fund expenditure.

7. Planning and Development Services – Approval – Res. 24-132, Amend the 2024 -2025 Community Investment Program Budget for General Government Services Fund, for the Peg Bos Plaza Project at the northwest corner of Third Street and Sunnyside Avenue in the amount of $100,000.
7 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

8. Police Department - Approval - Request to Authorize the City Manager to enter into a five- year agreement with BRINC Drones to Implement a Drone as First Responder Program in the amount of $1,118,035.93.

ITEMS PULLED FROM CONSENT CALENDAR

6:07 ITEM 6 - Planning and Development Services - Approval – Res. 24-XX, Annexation of Miscellaneous Properties to the Landscape Maintenance District No. 1.

The above item was removed from the Consent Calendar and continued to a future date.

PUBLIC HEARINGS – 6:09

6:09 ITEM 9 - RECEIVE AND FILE - INFORMATION FROM FIRS T PUBLIC HEARING IN CITY’S TRANSITION TO DISTRICT-BASED ELECTIONS.

Eric Rollins, resident, requested clarification on using Dave’s map to analyze census data for creating community maps , and recommends staying with five council members with a rotating Mayor.

Steve Trevino, resident, highlighted difficulties in identifying landmarks and neighborhoods in the redistricting process and asked to consider streets and landmarks remain together.

Julie, resident, discussed the importances of collaboration among council members and raised concerns about future housing developments creating district imbalances.

The Council requested the communication s team to actively promote the district -based transition through social media and community outreach to gather input, with the goal of presenting the collected data at the December 16, 2024, Council meeting. Additionally, the Council requested that the December 16, 2024, meeting include a discussion on the options of a five-member council versus four members plus an at-large mayor, with maps for both options to support a more thorough discussion.

RECEIVED AND FILED

6:54 ITEM 10 - CONSIDER ACTIONS REL ATED TO ANNEXATION OF TER RITORY (ANNEXATION #74, T6205 – NORTHEAST CORNER SUNNYSIDE/SHEPHERD, T6343 – SOUTHWEST CORNER B EHYMER/SUNNYSIDE) TO THE CITY OF CLOVIS COMMUNITY FACILITIES DISTRICT NO. 2004-1 (POLICE AND FIRE SERVICES).

Upon call, there was no public comment.

10A. CONSIDER APPROVAL - RES. 24-124, A RESOLUTION ANNEXING TERRITORY (ANNEXATION #74) (T6205 – NORTHEAST CORNER SUNNYSIDE/SHEPHERD, T6343 8 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

– SOUTHWEST CORNER B EHYMER/SUNNYSIDE) TO THE CITY OF CLOVIS COMMUNITY FACILITIES DISTRICT NO. 2004-1 (POLICE AND FIRE SERVICES) AND

CALLING A SPECIAL LA NDOWNER ELECTION TO ANNEX TERRITORY (ANNEXATION #74) TO CITY OF CLOVIS COMMU NITY FACILITIES DIST RICT NO. 2004-1 (POLICE AND FIRE SERVICES).

City Clerk Parra announced Annexation #74 received 1 vote representing the 143 yes votes indicating passage.

Motion for approval by Councilmember Pearce seconded by Councilmember Bessinger.

Motion carried by unanimous vote.

B. CONSIDER APPROVAL - RES. 24-125, A RESOLUTION OF TH E CITY OF CLOVIS

DECLARING THE RESULTS OF A SPECIAL LANDOWNER ELECTION AND DIRECTING

RECORDING OF THE NOT ICE OF SPECIAL TAX L IEN FOR CITY OF CLOV IS COMMUNITY FACILITIES DISTRICT NO. 2004-1 (POLICE AND FIRE SERVICES).

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

7:00 ITEM 11 - CONSIDER APPROVAL OF VARIOUS ACTIONS REL ATED TO CITY

PURCHASING SYSTEM AN D PROCUREMENT PROCED URES FOR PUBLIC PROJECTS:

Upon call, there was no public comment.

11A. CONSIDER INTRODUC TION – ORD. 24-17, AMENDING SECTIONS 2.7.06 AND

2.7.08 OF CHAPTER 2.7 AND SECTION 2.9.03 OF CHAPTER 2.9 OF T ITLE 2 OF THE

CLOVIS MUNICIPAL CODE PERTAINING TO THE CITY PURCHASING SYST EM AND PROCUREMENT PROCEDURES FOR PUBLIC PROJECTS.

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

Motion carried by unanimous vote.

11B. CONSIDER APPROVAL – RES. 24-126, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING UPDATED PURCHASING MANUAL.

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

Motion carried by unanimous vote.

11C. CONSIDER APPROVAL – RES. 24-127, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF CLOVI S ESTABLISHING CLAIM S SETTLEMENT AND 9 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

REJECTION/DENIAL AUTHORITY FOR VARIOUS TYPES OF CLAIMS FILED WITH AND INVOLVING THE CITY.

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

Motion carried by unanimous vote.

7:07 ITEM 12 - CONSIDER ITEMS ASSOC IATED WITH APPROXIMA TELY 33 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF SI ERRA AND N. CLOVIS AVENUES. BLANCHIMONT CORNER LLC ET AL., OWNERS; LEGACY REALT Y AND DEVELOPMENT, APPLICANT; ROGER HURTADO, REPRESENTATIVE.

Jeff Milgrom with Legacy Realty and Development praised City staff, discussed food truck spaces, wayfinding, and provided some context on the projects name, the “ Golden Triangle.”

CJ Wison, Applicant, praised City staff, discussed challenges with brand consistency and marketing agreements, and agreed with the importance of flexibility in naming and digital signage.

Eric Tienken with Legacy Realty and Development praised the City staff, discussed the parking situation, and confirmed that there are no issues with parking under current City standards. He also mentione d that there is some remaining land on the hotel property, which they are considering how to best utilize, and agreed on the naming and digital signage plans.

The Council discussed t he possibility of incorporating digital signage for directional purposes, expressed concerns about the "Golden Triangle" name and recommended finding an alternative name.

12A. CONSIDER APPROVAL - RES. 24 -128, A REQUEST TO APPRO VE AN

ENVIRONMENTAL FINDIN G OF A MITIGATED NEG ATIVE DECLARATION AN D A

MITIGATION MONITORIN G AND REP ORTING PROGRAM FOR P LANNED COMMERCIAL CENTER AMENDMENT R2024-004.

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

12B. CONSIDER INTRODUCTION – ORD. 24-18, R2024-004, A REQUEST TO AMEND

THE DEVELOPMENT STAN DARDS AND PRELIMINAR Y DEVELOPMENT PLAN F OR THE TUSCAN VILLAGE PLANNED COMMERCIAL CENTER.

Motion by Councilmember Mouanoutoua, seconded by Councilmember Bessinger to approve as amended with the additional ability to add a digital signage and for staff to work 10 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

with the applicant on the specific details and implementation of the signage. Motion carried by unanimous vote.

7:59 ITEM 13 - CONSIDER ITEMS ASSOC IATED WITH APPROXIMA TELY 18 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF N. BARON AND PERRIN AVENUES. FRANCES RIC CHIUTI AND PATRICK V . RICCHIUTI, OWNERS; LENNAR HOMES, APPLICANT; YAMABE & HORN ENGINEERING INC., REPRESENTATIVE.

Brandon Broussard with Yamabe and Horn Engineering, Inc., presented a presentation on the Lennar project and addressed the concerns of Council.

Walter Diamond with Lennar Homes discussed the challenges of working on a landlocked project for the past couple of years and aims to appeal to a different buyer segment with affordable housing.

Rhonda Hill with Lennar Homes praised City staff on their hard work.

Michelle, resident, addressed traffic concerns and road safety.

The Council sought clarification on the blended density policy, pedestrian connectivity, and expressed concerns about the impact on County roads, traffic, parking , and inquired with the Fire Chief about how fire staff would access the homes.

13A. CONSIDER APPROVAL - RES. 24-129, A RESOLUTION OF TH E CITY COUNCIL

ADOPTING AN ENVIRONM ENTAL FINDING OF A MITIGAT ED NEGATIVE

DECLARATION AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR VESTING TENTATIVE TR ACT MAP 6452 AND PLA NNED DEVELOPMENT PER MIT 2023-001.

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

Motion carried by unanimous vote.

13B. CONSIDER APPROVAL - RES. 24-130, TM6452, A RESOLUTI ON OF THE CITY COUNCIL APPROVING A VESTING TENTATIVE TRACT MAP FOR A 153-LOT SINGLE- FAMILY PLANNED RESID ENTIAL DEVELOPMENT O N APPROXIMATELY 18 A CRES OF LAND.

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

Motion carried 4-1, with Mayor Ashbeck voting no.

13C. CONSIDER APPROVAL - RES. 24-131, PDP2023-001, A RES OLUTION OF THE CITY COUNCIL APPROVI NG A PLANNED DEVELOP MENT PERMIT FOR A 153 -LOT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT.

11 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

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

Motion carried 4-1, with Mayor Ashbeck voting no.

ADMINISTRATIVE ITEMS – 6:08

6:08 ITEM 14 - CONSIDER VARIOUS REQ UESTS FROM WILSON HOMES RE GARDING TRACT MAP 6205, A 580-LOT SUBDIVISION LOCATED AT THE NORTHEAST CORNER OF SUNNYSIDE AND SHEPHERD AVENUES.

14A. ALLOW FOR A DEVIA TION FROM CITY POLIC Y REGARDING

REIMBURSEMENTS WITHIN STREET AREA AS REQUESTED BY WILSON HOMES

14B. DENY THE REQUEST TO DEVIATE FROM CITY P OLICY REGARDING

REIMBURSEMENTS OF SEWER MAJOR FACILITY IMPROVEMENTS AS REQUESTED

BY WILSON HOMES

14C. DENY THE REQUEST TO DEVIATE FROM CITY POLICY REGARDING

REIMBURSEMENTS OF WATER MAJOR FACILITY IMPROVEMENTS AS REQUESTED

BY WILSON HOMES

14D. DENY THE REQUEST TO DEVIATE FROM THE CITY’S MUNICIPAL COD E AND

ALLOW FOR THE DEFERM ENT OF THE WATER SUP PLY FEE AS REQUESTED BY

WILSON HOMES

14E. CONSIDER APPROVAL , AUTHORIZE THE CITY ENGINEER TO EXECUTE A MASTER DEVELOPMENT AGREEMENT FOR TRACT MAP 6205

Upon call, there was no public comment.

Motion to continue to December 2, 2024, by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried by unanimous vote.

CITY MANAGER COMMENTS – 9:07

None.

COUNCIL COMMENTS – 9:07

The Council requested an u pdate on a pedestrian light for the roundabout at Temperance and Alluvial Avenue.

12 AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

ADJOURNMENT

Mayor Ashbeck adjourned the meeting of the Council to December 2, 2024.

Meeting adjourned: 9:12 p.m.

______________________________ ________________________________ Mayor City Clerk
13 AGENDA ITEM NO. 1.

TO: Mayor and City Council
FROM: Administration
DATE: December 2, 2024
SUBJECT: Administration - Adopt - Ord. 24 -17, Amending Sections 2.7.06 and

2.7.08 of Chapter 2.7 and Section 2.9.03 of Chapter 2.9 of Title 2 of the Clovis Municipal Code Pertaining to the City Purchasing System and Procurement Procedures for Public Projects. (Vote: 5-0)

ATTACHMENTS: None.

This item was approved for introduction on November 18, 2024, with a unanimous vote.

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

14 AGENDA ITEM NO. 2.

TO: Mayor and City Council
FROM: Administration
DATE: December 2, 2024
SUBJECT: Administration - Approval - Waive Normal Purchasing Process and approve the purchase of a next generation enterprise cybersecurity system from CDWG Corporation using the Omnia cooperative purchasing program; a competitively bid contract with purchasing provisions for California State and Local government agencies in the amount of $54,978.89 per year for three years.

ATTACHMENTS: None.

RECOMMENDATION
For the Council to waive the normal purchasing process and authorize the purchase of the Next- Generation enterprise cybersecurity system for $164,936.67, payable at $54,978.89 each year.

EXECUTIVE SUMMARY
The cybersecurity landscape continues to evolve, and new threats and vulnerabilities are introduced every day. To keep up with these challenges and to meet the requirements of the City’s cybersecurity insurance program, a new, next-generation cybersecurity system is needed.

Staff is recommending the purchase of this system from CDWG Corporation using the Omnia cooperative purchasing program.

BACKGROUND
Over the last year staff has seen an increase in spam emails making it past the city’s current filtering systems. Staff has also seen that the current website filtering system has been less effective in blocking questionable sites and has at times, hampered staff’s ability to use our online systems and services.

To keep up with today’s cybersecurity challenges, staff began evaluating other website and email/spam filtering systems to gauge their effectiveness in responding to new threats and vulnerabilities. These next -gen platforms provide more comprehensive security protection across all the city’s networks (internal, public access, video, etc.), they use advanced algorithms and heuristics to stop inbound spam/junk email before even making it to the city’s email server or individual mailboxes, and they can scan and protect web browsing activity in real time (instead 15 AGENDA ITEM NO. 3.
of using the traditional/static lists that are downloaded on a set schedule). Additionally, in 2022 the City signed up for cybersecurity insurance and one of the requirements for maintaining our coverage was to implement sec ure Domain Naming System (DNS) services , which these systems also provide.

Staff evaluated several systems and is recommending the product and services from Cloudflare Inc. as they have one of the largest global networks to better mitigate and prevent cyber threats.

Their enterprise cybersecurity system provides a centralized portal for managing the various modules and it includes the ability to protect remotely connected devices and cloud/subscription- based systems. Additionally, the Cloudflare platf orm provides the resiliency, speed and accessibility needed in today’s always on and connected world. Staff is recommending the purchase of this system from CDWG using the Omnia cooperative purchasing program for a total amount of $164,936.67 (payable ann ually at $54,978.89 per year), plus $6000.00 for implementation services.

FISCAL IMPACT
The cost of purchasing the licenses is included in the I.T. Division budget for Fiscal Year 2024 - 2025.

REASON FOR RECOMMENDATION
To meet today’s cybersecurity challen ges, address some existing vulnerabilities and gaps in coverage, and to meet the requirements of the City’s cybersecurity insurance program, a new enterprise cybersecurity platform is needed.

ACTIONS FOLLOWING APPROVAL
After Council approval, staff will purchase the licenses, and the system will be installed to provide protection for all City computers, servers and other technology assets.

CONFLICT OF INTEREST
None.

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

Reviewed by: City Manager AH

16 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: General Services Department
DATE: December 2, 2024
SUBJECT: General Services – Approval – Res. 24-___, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Parks Supervisor Classification with a Salary Range of $ 8,773 to $10,665 per month.

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

RECOMMENDATION
For City Council to approve a resolution authorizing amendments to the City’s Classification and Compensation Plans by adopting the Parks Supervisor Classification with a Salary Range of $8,773 to $10,665 per month.

EXECUTIVE SUMMARY
The City has a need to add a Parks Supervisor classification. The proposed Parks Supervisor classification will be assigned to the Public Utilities Department and support the Parks Manager in supervising the office and field operations for the division. Adequate funds were included in the adopted FY 24-25 budget for the new classification. Modification of the City’s Classification and Compensation Plans require the City Council’s approval.

BACKGROUND
During the FY 24 -25 budget process, the Public Utilities Department determined the need to create a Parks Supervisor classification. This position was added to the Public Utilities Department FY 24-25 Position Allocation Plan but now requires the classification to recruit for and fill the position.

The Parks Division has seen a rise in the number of employees, driven by the growing population of the City and the expansion of parks. This growth has created a need for a dedicated supervisor to oversee Parks Division employees. The proposed Parks Supervisor would oversee, monitor, and participate in the daily maintenance and operations of the Parks Division. In support of the Parks Manager, the Parks Supervisor would manage both office and field activities within the division. This role would include assisting with overall operations, developing and implementing preventive maintenance plans, as well as help with hiring, discipline, and task assignment for subordinate staff.
17 AGENDA ITEM NO. 4.

The recommended salary range for the Park Supervisor will be $8,773 to $10,665. T he Parks Supervisor will be assigned to the Management Group. The new classification and salary range reflect the current needs of the City.

FISCAL IMPACT
The fiscal impact of salary and benefits for the remainder of FY 24 -25 is approximately an additional $71,000. There are adequate funds in the Public Utilities Department budget to cover the costs of this position.

REASON FOR RECOMMENDATION
Creation and addition of the Parks Supervisor classification to the City’s Classification and Compensation Plans provides a detailed classification description and allows for the recruitment of the new position.

ACTIONS FOLLOWING APPROVAL
Personnel staff will add the new Parks Supervisor classification to the City’s Classification and Compensation Plans.

CONFLICT OF INTEREST
None.

Prepared by: Lori Shively, Deputy General Services Director

Reviewed by: City Manager AH

18 AGENDA ITEM NO. 4.

RESOLUTION 24-

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

ADOPTING A PARKS SUPERVISOR CLASSIFICATION IN THE

PUBLIC UTILITIES DEPARTMENT

WHEREAS, it has been determined that the City has a need for a Parks Supervisor classification to provide the necessary support to the parks operations; and

WHEREAS, it has been determined that the appropriate salary range for the Parks Supervisor classification is $8,773 to $10,665 per month; and

WHEREAS, it has been determined that it is appropriate to assign the Parks Supervisor classification to the Management Group.

NOW THEREFORE, BE IT RESOLVED, that the City of Clovis will modify the City’s FY 24-25 Classification and Compensation Plans to include the Parks Supervisor classification (Attachment A) with a monthly salary of $8,773 to $10,665 per month.

* * * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 2, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: December 2, 2024

___________________________ __________________________ Mayor City Clerk

ATTACHMENT 1
19 AGENDA ITEM NO. 4.

ATTACHMENT A

City of Clovis

PARKS SUPERVISOR
Monthly Salary: $8,773 to $10,665

DEFINITION
Under general direction , to plan, supervise, coordinate, assign, monitor, and participate in the daily maintenance and operations of the Parks Division in support of the Public Utilities Department and perform related work as required.

CLASS CHARACTERISTICS
Reporting to the Parks Manager, the position serves as a supervisor in the Parks Division and will perform a variety of duties essential to the maintenance and operations of the City’s public landscape areas including parks, restrooms, landscaping, irrigation, trails, City campuses, Old Town, and Landscape Maintenance Districts (LMD). The incumbent acts with a high degree of independence for action in the assigned areas of responsibility. The direction provided to the incumbent consists of the assignment of responsibility for attaining department objectives according to management direction and policy guidelines. The incumbent is expected to develop methods and procedures for solving problems encountered. Most of the wor k is not reviewed directly by a supervisor except where it involves a deviation in policy, an inconsistency in application with department procedures, and/or the implementation of new methods and procedures. When work is reviewed, the review is directed toward the final outcome and results. This position responds to emergency calls during or after normal duty hours; and performs related work as required. Incumbents may be assigned to work outside their regular shift and may be required to work weekends and holidays.

EXAMPLES OF DUTIES
In support of the Parks Manager, supervise office and fieldwork of the Parks Division and personnel as assigned. Work as part of the Public Utilities management team and coordinate tasks and assignments with other Public Util ities managers, supervisors and staff while maintaining close working relationships with other City Departments. Work with private contractors and consultants. Assist the Parks Manager with Parks operations, including irrigation, mowing, pruning, planting, weeding, cleaning, and maintenance of barbeques, public restrooms, picnic benches, removal of trash, spraying of insecticides, and herbicides and fertilizing; prepare and submit requisitions for park supplies, tools, and equipment; assists with coordinati on and scheduling activities of volunteer groups . Assist with developing and implementing a preventative maintenance program for Parks equipment and evaluate and recommend repair or purchase of equipment. Evaluate procedures, operations, and services, for effectiveness and efficiency, and recommend modifications, improvements, and solutions to problems. Assist with and conduct employee performance evaluations; maintain timecards and other division records; conduct safety meetings; advise on hi ring recommendations; recommend and assist in the discipline of subordinate employees; may serve as acting manager; distribute assigned work to subordinate

20 AGENDA ITEM NO. 4.

personnel; train and instruct assigned staff in work methods; advise immediate supervisor of empl oyee performance problems, report to manager problems encountered in the assigned work and progress in completing work assignments. Assist in the preparation of a variety of technical research and reports including organizing, planning, and implementing environmental projects with compliance to state regulations, compile data, prepare reports, and complete special projects and assist in the administration of the parks budget including administration of the LMD. Investigate complaints and assist in resolving citizen and property owner problems and complaints. Research and provide technical assistance and instruction concerning technical landscape maintenance issues such as tree -risk assessments.

Conducts safety training and assists with safety awareness and p esticide use programs to reduce incidents and accidents in the Parks Division; and perform related work as required.

TYPICAL QUALIFICATIONS

LICENSE AND CERTIFICATES REQUIRED
 Possession of a valid class A or B California Driver’s license with a good driving record with appropriate endorsements.
 Possession of a State of California, Department of Pesticide Regulation “Qualified Applicator Certificate” (QAC) with category (B) and (C) endorsements within 1 year of appointment.
 Possession of an Arborist certification issued by the International Society of Arboriculture (ISA) within 1 year of appointment.

EDUCATION AND EXPERIENCE
Education:
 Graduation with a bachelor’s degree from an accredited college or university with major study in horticulture, public or business administration , construction management or a related field.

 Experience over and above the six years’ experience requirement stated below may be substituted for up to two years of education in the following manner:

1. An additional three years of experience in Park operations may be substituted for one year of education equivalent to 30 -semester units (a total of nine years experience).

2. An Additional six years experience in Park operations may be substituted for two years of education equivalent to 60 -semester units (a total of twelve years experience).

And

Experience:
 Six (6) years of full -time work experience in Park and Landscape mai ntenance operations.
 Minimum of two (2) years’ work experience must be in a lead or supervisory/management capacity.

21 AGENDA ITEM NO. 4.

QUALIFICATIONS
Knowledge of:
 Applicable laws, codes and regulations pertaining to Park operations;  State and local laws pertaining to operation of motorized equipment on public right of way.
 Planting, cultivating, fertilizing, and watering of lawns, flowers, shrubs, and trees:
 Methods and procedures for preparing soils for planting;  Common plant diseases and pests of the area and means of eradication and control;  Basic math;
 Record keeping;
 Proper methods, materials, tools and equipment used in Park operations ;  General principles of supervision and training;
 Appropriate safety precautions and procedures;
 Industry accepted techniques in Landscape irrigation design and Park operations.

Ability to:
 Supervise, train, organize and review the work of staff;  Understand and use standard office equipment such as computers, associated software, printers, and landlines.
 Identify and assess safety concerns for personnel and the public;  Understand and implement work practices and regulations as they pertain to park operations;
 Operate and train others in the operation of Parks equipment;  Prepare oral and written reports;
 Review and understand site plans, blueprints relating to City park, landscape and irrigation design and construction;
 Read, write, and perform mathematical calculations at the level required for successful job performance;
 Inspect equipment for s afety purposes and ensure that it is operated in a safe and efficient manner;
 Interpret and enforce safety standards;
 Maintain moderately complex records;
 Understand pertinent procedures and functions quickly and apply them without immediate supervision;
 Plan, assign, and monitor the work of subordinates;
 Operate a vehicle, observing legal and defensive driving practices;  Understand and carry out oral and written instructions;  Establish and maintain effective relationships with all organizational levels as well as with the public;
 Adhere to, administer, and promote City regulations, policies, and programs.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Strength: Heavy work – frequent lifting and/or carrying of objects weighing up to 50 pounds, with occasional lifting and/or carrying and/or pushing up to 100 pounds.  May be required to: work in inclement weather, including sun, cold and rain; wear protective apparel, including goggles, face protectors, noise insulator, apron and steel bottom shoes; work around potentially hazardous material and substances. Some assigned areas are exposed to extreme heat, humidity, noise, traffic and mechanical 22 AGENDA ITEM NO. 4.

hazards of machinery, fumes, odors and dust from construction and maintenance equipment.
 Frequent walking, standing, sitting, downward, upward and side-to -side flexion of the neck. Bending, stooping, squatting, reaching above and at the shoulder height, kneeling, balancing, above ground, pushing pulling twisting at the waist, strength to grasp hand and power tools.
 Occasional manual dexterity to operate computer keyboard and grasp other typical office equipment.
 Incumbent may be required to attend periodic evening meetings.  Incumbent is required to travel within and out of City to attend meetings.  The position is designated as confidential under the Meyers-Millas Brown Act and is an exempt employee under the Fair Labor Standards Act.

23 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: General Services
DATE: December 2, 2024
SUBJECT: General Services – Approval - Waive the City’s Usual Purchasing Requirements and Authorize the Purchase of One (1) Ram Promaster Transit Vehicle for $170,610.05 Utilizing the California Association for Cooperative Transportation (CalACT) Competitive Bid Award.

ATTACHMENTS: 1. Vehicle Quote

RECOMMENDATION
For the City Council to waive the usual purchasing requirements and authorize the City Manager to approve the purchase of one (1) Ram Promaster transit vehicle for $ 170,610.05 utilizing the California Association for Coordinated Transportation (CalACT) competitive bid award.

EXECUTIVE SUMMARY
Staff recommends the purchase of one (1) Ram Promaster transit vehicle to be used for Round Up transit service. The purchase will support the delivery of transportation services to passengers utilizing paratransit service. The cost of the Ram Promaster is $ 170,610.05. There will be an additional nominal cost for installation of a two-way radio. The cost for the Promaster and associated expenses will be paid through a combination of a Fresno Council of Governments (FCOG) Access for All Grant and State Transit Assistance (STA) funds.

BACKGROUND
In June of 2024, the City of Clovis was awarded a Fresno Council of Governments (FCOG) Access for All Grant, which provides agencies funding for p rojects that provide on -demand transportation service for people with disabilities. Clovis Transit proposed to increase the availability of paratransit service through the purchase of a Ram Promaster vehicle with wheelchair access. This additional vehicle will support and increase the availability of wheelchair accessible vehicles on our paratransit service (Round Up), reducing wait times for passengers.

The FCOG Access for All Grant will fund $91,916 towards the purchase cost of one Ram Promaster. The remaining cost of $78,694.05 will be funded with State Transit Assistance (STA) funds.

The Ram Promaster will be purchased through the California Association for Coordinated Transportation (CalACT) competitive bid award. The CalACT purchasing cooperative awards 24 AGENDA ITEM NO. 5.
bid positions in accordance with the Federal Transit Administration and Californi a Department of Transportation regulations and has been audited by both agencies with no findings. The purchasing cooperative is also compliant with Buy America requirements. The purchase of transit vehicles requires technical expertise and a broad scope o f knowledge of bus manufacturing concepts. More than 250 transit agencies, including Caltrans, have purchased vehicles through the CalACT purchasing cooperative. Similar to Caltrans before the cooperative was formed, CalACT charges a 1.5% procurement fee.

By utilizing the cooperative, Clovis Transit can purchase the vehicles our operation needs at a competitive cost. Vehicle specifications and options were listed in the CalACT request for proposal and the vendor’s proposals. These specifications meet or exceed the transit operation’s desired vehicle design and capacity. The Ram Promaster is designed to hold up to seven (7) passengers and two (2) passengers using mobility devices.

FISCAL IMPACT
FCOG Access for All Grant will partially fund the purchase of the Ram Promaster with $91,916.

The remaining balance of $78,694.05 will be subsidized by State Transit Assistance (STA) funds that have been identified in the FY 2024-25 budget.

Details regarding the pricing are available in the quote attached from RO Bus Sales.

REASON FOR RECOMMENDATION
The purchase of a Ram Promaster will fulfill the FCOG Access for All project requirements by providing the community access to paratransit services. Availability of vehicles for Round Up service will increase and im prove service efficiency as well as support Clovis Transit’s mission to improve the quality of life in our community.

ACTIONS FOLLOWING APPROVAL
Following approval, transit staff will prepare a purchase order for the City Manager’s approval and the vehicle will be ordered. Vehicle is expected to be delivered within 180 days.

CONFLICT OF INTEREST
None.

Prepared by: Susanna Herrera, Management Analyst

Reviewed by: City Manager JH

25 AGENDA ITEM NO. 5.

VIN: TBD
Invoice: TBD
Stock Number: TBD
Date: 11/22/2024
Agency: Vehicle Type:

Contact: Year:

Address: Manufacturer:

City/ST/Zip: Model:

Phone/Fax: Type:

Email: Passenger:

P.O. # Lift Manufacturer:

Sales Person: Lift Type:

Ford GPC Seat Type:

Quantity: Price Ext. Price ADA
1 $150,515.00 $150,515.00 $76,810.00
Published Options
1 $1,213.00 $1,213.00
2 $165.00 $330.00
Non-Published Options
1 $4,560.88 $4,560.88
1 $560.00 $560.00 $560.00
1 $750.00 $750.00 $750.00
1 $1,240.00 $1,240.00 $1,240.00
1 $1,500.00 $1,500.00
Subtotal
Class P - Base Price $150,515.00
Published Options $1,543.00
DISCLAIMER OF DELIVERY Non-Published Options $8,610.88
Total $160,668.88 $79,360.00
Delivery is expected within 200 days. Delivery Doc Prep Fee $470.75 may occur sooner than expected. Non-Taxable $79,360.00
or Implied, Including Any Implied Warranty Taxable Amount $81,308.88 Delivery time may be extended if OEM Tax Total $6,484.38 7.975% supply chains are extended. Subtotal $167,624.01
Calact Fee $2,410.03 1.5%
DMV Fee $80.00
Tire Fee $7.00
Delivery Fee $489.00 Zone 3
Total $170,610.05
Number of Units 1
Final Total $170,610.05
Date Date RO Limited Warranty (30 Days)
(Check Box)
THE SIGNER OF THE ABOVE AGREEMENT MUST BE AUTHORIZED TO SIGN ON x Factory Certified Warranty BEHALF OF THE PURCHASING ENTITY AND OR INDIVIDUAL (Check Box) As Is, No Warranty
Make Check Payable to: R O Bus Sales
[email protected]
TBD
Joe Machin
Mpower Assist Grab Handle
Horizontal Wall Grabrail at Wheelchair position - Stainless Steel Upgrade Storage Pod to Technology Cabinet: Storage Box, Slide-Out Shelves, Electronics In Co-Pilot Seat Area (Requires Co-Pilot Seat Removal), AngelTrax Camera System + Install, (2) Power Block Prewire
City of Clovis
Nick Chin
1033 5th St
Clovis, CA 93612
(559) 324-2130
Sales Representative's Signature
Nick Chin
Purchaser Name
Purchaser's Signature
Quote Valid For 30 Days
Sales Representative
L-Track floor anchors and restraints.

Full Graphics & Wrap Installation
CalACT RFP 20-01 - Quote Form

DISCLAIMER OF WARRANTIES
The Seller, RO BUS SALES, Hereby Expressly
Disclaims All Warranties, Either Expressed
Merchantability of Fitness For A
Particular Purpose, and RO BUS SALES
Neither Assumes Nor Authorizes Any Other
Person To Assume For It Any Liability In
Joe Machin
Class P - Ram Promaster (159)
Sunset Vans - Class P - Ram Promaster 159" Lowfloor
Step in Side Wheelchair Position, (2) Wheelchair Positions, Interior Dome Lights, Door Entrance LED Lighting, ABS Interior, Driver Heavy Duty Running Board, Rear A/C System, *Grey Docket 90, 8 19" GO- ES Seats, Manual Swing 32" Ramp, Interlock for Ramp, Back Up Alarm, Entrance Grab Bar, Safety Kit, Window Tint, MorRyde Suspension, 46" Plug Door, Rear 10 Inch Step Riser (From Flat Floor to Back Row). (6) Dual USB Charging Ports
Vehicle Description
2024
Ram
Promaster 159
159
8 Passenger / (2) Wheelchair Positions
MPower
32" Manual Swing Ramp
GO-ES Seats
Front Passenger Seat Delete and Storage Area
Additional programmed key fobs
N/A
RO Bus Sales
2701 Westwood Dr, Las Vegas NV, 89109
Phone/Fax: (702) 798-0029 / (702) 835-1434
11/22/2024
ATTACHMENT 1
26 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: December 2, 2024
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP 24-01, Rubberized Cape Seal 2024.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION
For the City Council to accept the work performed as complete and to authorize the recording of the Notice of Completion.

EXECUTIVE SUMMARY
The project consisted of the installation of approximately 185,887 square yards of rubberized cape seal and approximately 222,249 square yards of Type II slurry seal in various local streets in the City of Clovis. Locations are shown on the vicinity map in Attachment 1.

The work included removal of all existing traffic striping, markings, and markers, furnishing and installation/application of asphalt rubber chip seal, Type II slurry seal, traffic control, street sweeping, cleanup, reinstallation of traffi c striping and all other items or details required as described in the Contract Documents.

BACKGROUND
Bids were received on March 26, 2024, and the project was awarded by the City Council to the low bidder, VSS International, Inc. on April 8th, 2024. The project was completed in accordance with the construction documents and the contractor has submitted a request for acceptance of the project.

27 AGENDA ITEM NO. 6.

FISCAL IMPACT

1. Award $2,050,120.00

2. Cost increases/decreases resulting from differences ($0.00) between estimated quantities used for award and
actual quantities installed.

3. Contract Change Orders $0.00

Final Contract Cost $2,050,120.00

The Project was supported by Measure C pass through funding through the City Community Investment Program.

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

ACTIONS FOLLOWING APPROVAL

1. The Notice of Completion will be recorded; and

2. All remaining retention funds will be released no later than 35 calendar days follow ing 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) benefici al 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: Nav Chahal, Engineer I

Reviewed by: City Manager JH

28 AGENDA ITEM NO. 6.

Attachment 1
29 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: December 2, 2024
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 24- 06, New Bus Stops: B2 to Cervantes Landscape Services, Inc. , in the amount of $167,172.00; and authorize the City Manager to execute the contract on behalf of the City.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION

1. For the City Council to award a contract for CIP 24 -06 New Bus Stops: B2 to Cervantes Landscape Services, Inc., in the amount of $167,172.00; 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 authorizes the City Manager to award and execute the contract to Cervantes Landscape Services, Inc., who was the lowest responsible bidder from a bid opening that took place on November 19, 2024.

The project consists of the constructing of new bus stops in various locations within the city limits and the City of Fresno. The purpose of the project is to provide ADA compliant bus stops as part of the new bus routes. The construction involves the demo lition of landscape and sidewalks in the proposed locations and the pouring of new concrete pads and retaining curbs, sidewalks, and restoration of landscape, as necessary.

30 AGENDA ITEM NO. 7.

BACKGROUND
The following is a summary of the bids received on November 19, 2024:

BIDDERS BASE BID

Cervantes Landscape Services, Inc. $167,172.00
Clean Cut Landscape Incorporated $178,495.00
Dave Christian Construction Co., Inc. $196,256.00
Garcia Paving, Inc. $346,124.86

ENGINEER’S ESTIMATE $175,700.00

All bids were examined , and the bidder’s submittal were found to be in order. Cervantes Landscape Services, Inc., is the lowest responsible bidder. Staff has validated the lowest bidder contractor’s license status and bond.

FISCAL IMPACT
This project was budgeted in the 202 4-2025 Community Investment Program. The project is supported by Low Carbon Transit Operations Program (LCTOP) through the City Community Investment Program.

REASON FOR RECOMMENDATION
Cervantes Landscape Services, Inc. is the lowest responsible bidder. There are sufficient funds available for the anticipated cost of this project.

ACTIONS FOLLOWING APPROVAL

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

2. Construction w ill begin approximately two (2) weeks after contract execution and be completed in forty (40) working days thereafter.

CONFLICT OF INTEREST
None.

Prepared by: Benjamin Little, Project Engineer

Reviewed by: City Manager JH

31 AGENDA ITEM NO. 7.
0 1 20.5
Miles

CITY LIMITS SPHERE OF INFLUENCE
Willow
Peach
Clovis
Sunnyside
Fowler
Armstrong
Temperance
Locan
De Wolf
Shepherd
Teague
Nees
Alluvial
Herndon
Sierra
Bullard
Barstow
Shaw
Gettysburg
Ashlan
Dakota
Leonard
Highland
Minnewawa
Perrin
Behymer
International
Copper
Thompson
McCall

VICINITY MAP
Benjamin Little
Print Date: November 20, 2024
CIP 24-06 New Bus Stops: B2
Project Locations
ATTACHMENT 1
32 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: December 2, 2024
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 24- 24, Santa Ana Sidewalk Improvements to Platinum Dirt Worx, LLC , in the amount of $74,594.02; and authorize the City Manager to execute the contract on behalf of the City.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION

1. For the City Council to award a contract for CIP 24-24 Santa Ana Sidewalk Improvements to Platinum Dirt Worx, LLC, in the amount of $74,594.02; 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 authorizes the City Manager to award and execute the contract to Platinum Dirt Worx, LLC, who was the lowest responsible bidder from a bid opening that took place on November 12, 2024.

This project involves ±0.25 miles of sidewalk improvements. Improvements include clearing & grubbing, concrete sidewalks and ADA Curb Return ramps.

BACKGROUND
The following is a summary of the bids received on November 12, 2024:

BIDDERS BASE BID

Platinum Dirt Worx, LLC $74,594.02
Dave Christian Construction Co., Inc. $78,322.00
Tosted Asphalt, Inc. $78,999.34
Truxell & Valentino Landscape Development, Inc. $82,157.00 Witbro Inc dba Seal Rite Paving & Grading $85,335.50 Ares Eng., LLC $86,466.00
JT2 Inc DBA Todd Companies $123,749.48
33 AGENDA ITEM NO. 8.

Alliance Construction Solutions, Inc. $182,580.00
VisionBuild Construction, LLC. Non-responsive

ENGINEER’S ESTIMATE $79,030.00

All bids were examined, and the bid from VisionBuild Construction, LLC , was found to be non- responsive due to insufficient documentation. All other bids were found to be in order, except for a few arithmetic and clerical errors that did not affect the order of the bid results. For this reason, Platinum Dirt Worx, LLC, is the lowest responsible bidder. Staff has validated the lowest bidder contractor’s license status and bid bond.

FISCAL IMPACT
This project was budgeted in the 202 4-2025 Community Investment Program. The project is supported by Community Development Block Grant (CDBG) through the City Community Investment Program.

REASON FOR RECOMMENDATION
Platinum Dirt Worx, LLC , is the lowest responsible bidder. There are sufficient funds available for the anticipated cost of this project.

ACTIONS FOLLOWING APPROVAL

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

2. Construction will begin approximately two (2) weeks after contract execution and be completed in twenty (20) working days thereafter.

CONFLICT OF INTEREST
None.

Prepared by: Benjamin Little, Project Engineer

Reviewed by: City Manager JH

34 AGENDA ITEM NO. 8.

ATTACHMENT 1
0 1 20.5
Miles

CITY LIMITS SPHERE OF INFLUENCE
Willow
Peach
Clovis
Sunnyside
Fowler
Armstrong
Temperance
Locan
De Wolf
Shepherd
Teague
Nees
Alluvial
Herndon
Sierra
Bullard
Barstow
Shaw
Gettysburg
Ashlan
Dakota
Leonard
Highland
Minnewawa
Perrin
Behymer
International
Copper
Thompson
McCall

VICINITY MAP
Benjamin Little
Print Date: 11/1 /2024
CIP 24-24 Santa Ana Sidewalk Improvements
Project Location
8 Attachment 1
35 AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: December 2, 2024
SUBJECT: Planning and Development Services - Approval – Res. 24 -___, Final Map Tract 6205 located on northeast corner of Shepherd Avenue and Sunnyside Avenue (Great Bigland, Inc., a California Corporation).

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 6205, and

2. Authorize the recording of the final map.

EXECUTIVE SUMMARY
The owner, Great Bigland, Inc., a California Corporation, 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 located on northeast corner of Shepherd Avenue and Sunnyside Avenue. It contains approximately 30 acres and consists of 303 residential units, zoned R-1.

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.

36 AGENDA ITEM NO. 9.

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 dev eloper 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: Ruben Amavizca. Engineer II

Reviewed by: City Manager JH

37 AGENDA ITEM NO. 9.

Attachment 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING FINAL SUBDIVISION MAP FOR TRACT NO. 6205

WHEREAS, a final map has been presented to the City Council of the City of Clovis for Tract 6205, 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 Council of the City of Clovis as follows:

1. The final map of Tract 6205, consisting of six (6) 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 are being processed by City staff for approval.

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 $13,078,760.09.

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 for 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 $13,937,000.00 for guaranteeing specific performance of said agreement and f ifty percent (50%) of the remaining improvements or the sum of $6,968,500.00 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 sai d subdivider in conformity with said subdivision map or said agreement.

7. Subdivider shall furnish a bond in the sum of $ 1,393,700.00 being the amount 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. 38 AGENDA ITEM NO. 9.

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 December 2, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: December 2, 2024

______________________________ ______________________________ Mayor City Clerk

39 AGENDA ITEM NO. 9.

ATTACHMENT 2
Attachment 2
40 AGENDA ITEM NO. 9.

Attachment 3
41 AGENDA ITEM NO. 9.
42 AGENDA ITEM NO. 9.
43 AGENDA ITEM NO. 9.

ATTACHEMENT 3
44 AGENDA ITEM NO. 9.
45 AGENDA ITEM NO. 9.
46 AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: December 2, 2024
SUBJECT: Planning and Development Services - Approval – Res. 24 -___, Annexation of Proposed Tract 6205 located on northeast corner of Shepherd Avenue and Sunnyside Avenue to the Landscape
Maintenance District No. 1 of the City of Clovis . (Great Bigland, Inc., a California Corporation).

ATTACHMENTS: 1. Res. 24-___

RECOMMENDATION
For the City Council to approve Res. 24-___, which will annex proposed Tract 6205, located on northeast corner of Shepherd Avenue and Sunnyside Avenu e to the Landscape Maintenance District (LMD) No. 1 of the City of Clovis.

EXECUTIVE SUMMARY
The owner, Great Bigland, Inc., a California Corporation, 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 6205.

BACKGROUND
Great Bigland, Inc., a California Corporation , the developer of Tract 6205, 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.

47 AGENDA ITEM NO. 10.

FISCAL IMPACT
Tract 6205 Year to Date

LMD Landscaping added: 2.087 acres 4.007 acres

Resource needs added: 0.209 persons 0.401 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 6205 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: Ruben Amavizca, Engineer II

Reviewed by: City Manager JH

48 AGENDA ITEM NO. 10.

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. 6205, 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, that 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 December 2, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

49 AGENDA ITEM NO. 10.

ATTACHMENT A

Legal Description

REAL PROPERTY IN THE CITY OF CLOVIS, COUNTY OF FRESNO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

LOTS 1 THROUGH 303, INCLUSIVE, OF TRACT MAP 6205, RECORDED IN VOLUME ______, PAGES _____ THROUGH _____ OF PLATS, FRESNO COUNTY RECORDS.

50 AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: December 2, 2024
SUBJECT: Public Utilities – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of One Case 521G XT Wheel Loader Tractor from Sequoia Equipment Company Using the Sourcewell Cooperative Purchasing Contract in the Amount of $204,892.59.

ATTACHMENTS: None.

RECOMMENDATION
For the City Council to waive formal bidding requirements and authorize the purchase of a Case 521G XT wheel loader tractor from Sequoia Equipment Company in the amount of $204,892.59, including tax and freight.

EXECUTIVE SUMMARY
There are funds in this f iscal year’s Fleet Renewal budget to purchase a Case 521G XT wheel loader tractor for the Public Utilities Department Solid Waste Division. The existing equipment is scheduled to be replaced due to its age. The competitively bid contract price of $20 4,892.59 is from Sequoia Equipment Company using the Sourcewell Purchasing Contract. The new vehicle will meet all emissions requirements.

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.

BACKGROUND
The recommended equipment is available through the Sourcewell Cooperative Purchasing Contract, formerly the NJPA contract. Sourcewell is a cooperative purchasing contract that allows a manufacturer like Case to respond to a Request for Proposals (RFP) that covers a large group of government buyers, and it allows a large group of government buyers with similar interests to leverage their buying power to obtain government-only discounts on products.

The Fleet Fund includes a vehicle and equipment replacement pro gram where the different divisions within City departments budget for and contribute a set amount of money annually for 51 AGENDA ITEM NO. 11.
the future scheduled replacement of a vehicle or piece of equipment. This allows each department, and the divisions within each departme nt, to financially plan for the large capital expense of purchasing new vehicles and equipment that need to be replaced due to age, wear and tear, or to meet regulatory requirements. Depending on the condition and need of the vehicle or equipment being rep laced, it will be moved from front -line operation and may be kept as a back-up, or it will be auctioned off in the City’s vehicle and equipment surplus program.

FISCAL IMPACT
Funds were included in the 2024-2025 Fleet Capital Acquisition budget, often referred to as the Fleet Renewal or Fleet Replacement budget. The Solid Waste Division has provided the necessary funds for purchase of the equipment.

REASON FOR RECOMMENDATION
The existing Case wheel loader tractor has been in service for over 10 years and is scheduled for replacement. Sufficient funds have been collected for replacement equipment. Staff has evaluated the available equipment and have determined that it meets the needs of the Public Utilities Department Solid Waste Division. The proposed method of purchasing the equipment is cost-effective and funds are available

ACTIONS FOLLOWING APPROVAL
Purchase orders will be prepared for the City Manager’s approval and sent to the vendor.

CONFLICT OF INTEREST
None.

Prepared by: Jim Stringfield, Fleet Manager

Reviewed by: City Manager AH

52 AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: December 2, 2024
SUBJECT: Public Utilities – Approval – Final Acceptance for CIP 23 -17, Sierra Bicentennial Dog Park Improvements, with a Final Contract Cost of $66,196.86.

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
Staff is recommending that City Council accept the work performed by Dynamic Underground Services and authorize the recording of the notice of completion.

This project involved the expansion and improvement of the existing dog park at Sierra Bicentennial Park, located at 84 N. Sunnyside Avenue. The work consisted of the installation and relocation of fences and gates, additional concrete sidewalk, benches, and a shade structure.

BACKGROUND
This project is intended to enhance the existing dog park amenities for the residents to enjoy in accordance with the City Dog Park Master Plan adopted in 2018 by City Council. The development of dog parks within the City of Clovis was found to be a high priority during the Parks Master Plan development process.

The project was awarded by City Council to Dynamic Underground Services on June 10, 2024.

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

53 AGENDA ITEM NO. 12.

FISCAL IMPACT

1. Award $65,639.75

2. Contract Change Order $557.11

3. Liquidated Damages $0.00

Final Contract Cost $66,196.86

This project was included in the fiscal year 2023-2024 Park Capital Improvements budget. The 2018 Parks Bond Act Per Capita Grant Program funded all but $196.86 of the total project costs.

REASON FOR RECOMMENDATION
The Public Utilities Department, the City Engineer, the Engineering Inspector, and the Project Engineer all agree that the work performed by the contractor is in accordance with the project plans and specifications and has been deemed acceptable. The contractor, Dynamic Underground Services, 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: Dan Lumeya, Engineer

Reviewed by: City Manager JH

54 AGENDA ITEM NO. 12.

Willow
Peach
Clovis
Sunnyside
Fowler
Armstrong
Temperance
Locan
De Wolf
Shepherd
Teague
Nees
Alluvial
Herndon
Sierra
Bullard
Barstow
Shaw
Gettysburg
Ashlan
Dakota
Leonard
Highland
Minnewawa
Perrin
Behymer
International
Copper
Thompson
McCall
ATTACHMENT 1

CITY LIMITS SPHERE OF INFLUENCE

VICINITY MAP
0 1 20.5
Miles
Project Site Location:
84 N. Sunnyside Ave.

Clovis, CA 93611.

Daniel Negrete
Print Date: November 21, 2024
CIP 23-17 Sierra Bicentennial Park Dog Park Improvements Dan Lumeya
55 AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: Administration
DATE: December 2, 2024
SUBJECT: Consider Approval - Re-appointment to Consolidated Mosquito Abatement District for a term ending December 31, 2026.

Staff: John Holt, City Manager
Recommendation: Approve

ATTACHMENTS: 1. Letter from the Consolidated Mosquito Abatement District

RECOMMENDATION
On recommendation of the Mayor, subject to approval by the City Council, make reappointment of the current representative, Jennifer Willems, to the Consolidated Mosquito Abatement District for a 2-year term through December 31, 2026)

EXECUTIVE SUMMARY
The term of appointment of Jennifer Willems as representative of th e City of Clovis to the Consolidated Mosquito Abatement District expires on December 31, 202 4. Ms. Willems has served in this capacity since September 2021 and is requesting reappointment for a two -year term through December 31, 2026.

BACKGROUND
The term of appointment for the City’s representative, Jennifer Willems, expires on December 31, 2024 . Ms. Willems has served well as a representative of the City of Clovis to the Consolidated Mosquito Abatement District and regularly reports to the City Council on matters acted upon by the Board. She is now requesting reappointment to that Board. Mayor Ashbeck has recommended her reappointment which needs to be acted upon by the City Council.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Appointments to the Consolidated Mosquito Abatement District shall be acted upon by the City Council. The City’s current representative has served this position well and has requested 56 AGENDA ITEM NO. 13.
reappointment. If the City Council does not concur with the reappointm ent, the position would need to be advertised.

ACTIONS FOLLOWING APPROVAL
Staff will inform Ms. Willems of the City Council’s action in this matter and will take whatever further actions are needed to complete the notification for this appointment.

CONFLICT OF INTEREST
None.

Prepared by: Rebecca Simonian, Executive Assistant

Reviewed by: City Manager JH
57 AGENDA ITEM NO. 13.

Consolidated
Mosquito Abatement District
John Holt, City Manager
City of Clovis
1033 Fifth St
Clovis, CA 93612
Dear Mr. Holt:
�eceived
NOV 1 4 2024
ADMN/CITYMGI�
13151 E Industrial Drive
Parlier, CA 93648
Phone: 559-896-1085
Fax: 559-896-6425
www .mosquitobuzz.net
[email protected]
November 4, 2024
The current appointed term of Ms. Willems as the trustee from the City of Clovis on the Consolidated Mosquito Abatement District Board of Trustees will expire on December 31, 2024.

The City Council is responsible for appointing a trustee to represent the City of Clovis as a member of the District's Board.

The California Health and Safety Code§§ 2022 and 2024 describe the qualifications and terms of office for board members: Each person appointed by a city council to be a member of a board of trustees shall be a voter in that city and a resident of that portion of the city that is within the district. It is the intent of the Legislature that persons appointed to boards of trustees have experience, training, and education in fields that will assist in the governance of the district. The trustees shall represent the interests of the public as a whole and not solely the interest of the city council that appointed them. The term of office for a member of the board of trustees shall be for a term of two or four years at the discretion of the appointing authority. Tenns of office commence at noon on the first Monday in January.

The Board of Trustees of the Consolidated Mosquito Abatement District meets regularly on the third Monday of each month at 1 :00 p.m.

Ms. Willems has expressed her willingness to continue to represent the City of Clovis and to serve another two-year term as a trustee.

The District's Board of Trustees respectfully requests a certified copy of the City Council's action on this matter.
• erely,
,.

Jodi H n
District Manager
cc: Jennifer Willems
Community health, comfort and prosperity are promoted by effective, continuous mosquito abatement measures.

Attachment 1
58 AGENDA ITEM NO. 13.
59 AGENDA ITEM NO. 14.

TO: Mayor and City Council
FROM: Administration
DATE: December 2, 2024
SUBJECT: Consider Approval – Res. 24-___, Adoption of a Resolution Amending the 2019-2020 Community Development Block Grant (CDBG) Action Plan and the 2016 -2020 Consolidated Plan to change the use of Community Development Block Grant – Coronavirus (CDBG -CV) funds from the Utilities Assistance Pro gram and Program Administration to the Water Tower I Trail Expansion for the prevention of the spread of Coronavirus by increasing the capacity for social distancing; and Consider Approval – Res. 24-___, Amend the 2024 - 2025 Community Investment Program Budget for Parks Improvements, to include Water Tower 1 Trail Plaza Improvements in the amount of $155,876.

Staff: Claudia Cazares, Housing Program Manager
Recommendation: Approve

ATTACHMENTS: 1. Resolution – Substantial Amendment to the 2019-2020 Community Development Block Grant (CDBG) Action Plan and the 2016 -2020 Consolidated Plan

2. Resolution – Budget Amendment

RECOMMENDATION
Consider adopting the substantial amendment to the 2019-2020 Community Development Block Grant (CDBG) Action Plan and the 2016-2020 Consolidated Plan; and amending the FY 2024- 2025 Community Investment Program Budget for Street Improvements Fund, for CIP 22 -11 Water Tower 1 Trail Plaza Improvements, to approve the expenditure and revenue of CDBG - CV funds, in the amount of $155,876, and authorize the City Manager, or designee, to execute any necessary forms or agreements.

EXECUTIVE SUMMARY
The U.S. Department of Housing and Urban Development (HUD) provided an allocation of Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funding through the Community Development Block Grant – Coronavirus (CDBG-CV) funds to the City of Clovis in 60 AGENDA ITEM NO. 15.
2022, in the amount of $201,848. Funds were used for the Emergency Utility Payments Program and Program Administration. To date, only $45,972 in CDBG -CV funds has been expended.

Staff recommends re -allocating the remaining $155,876 in funds to the Water Tower 1 Trail Plaza Improvements Project, which will meet the requirements of the CDBG -CV program to prevent the spread of the Coronavirus by increasing the capacity for social distancing, while ensuring the funds are spent within the expenditure deadline.

BACKGROUND
The CARES Act funding was enacted nationally on March 27, 2020, by Public Law 116-136, to respond to the growing effects of the public health crisis caused by the coronavirus. In 2022, HUD provided additional allocations of unspent national funds to those jurisdictions that had proven the ability to utilize CDBG-CV funds expeditiously.

On July 5, 2022, after being awarded an additional allocation of $201,848, the Clovis City Council approved the use of CDBG-CV funds for the Emergency Utility Payments Program. The Program provided funding on behalf of City of Clovis Utilities Customers to help them become current on water/sewer/refuse/street sweeping utilities accounts. A total of 32 individual customers were assisted, with $45,972 in CDBG-CV funds. Unfortunately, CDBG-CV Utilities assistance can only be provided if the customer was affected by the Coronavirus, and they couldn’t pay their utility bills because of the illness. Due to this requirement and the slowing effect of the coronavirus in Clovis, the City was only able to assist one household during the last 12 months. Appli cations are not being submitted for this program even though it is provided as a resource to lower income customers who may be behind on their payments.

Therefore, to ensure the prompt use of CDBG-CV funds, and to avoid returning federal funds to HUD, staff worked with the City’s HUD Appointed Representative to identify other eligible uses of the program funds. The proposed project, CIP 22 -11 Water Tower 1 Trail Plaza Improvements, will expand the footprint of the Old Town Trail by removing the existing fe nce, and adding additional open space. This project will meet the Coronavirus tie -back requirement of the Program by adding space in the trail expansion area that will assist the City in preparing for and mitigating potential future impacts of the Coronavi rus pandemic by preventing close contact of persons. The project will also assist low -income residents as it is located in a low - moderate income census tract.

CDBG-CV funds are proposed to be re-allocated as follows:

 Utilities Payment Assistance Program (reduction): ($130,876)  CDBG-CV Administration (reduction): ($25,000)
 Water Tower 1 Plaza at Old Town Trail Improvements (addition): $155,876

Several actions were taken to encourage public participation in this Substantial Amendment Process. A public not ice was published in local print media, on City social media, and on the City’s website, in English, Spanish and Hmong on November 1, 2024. The same notice was made available at local public places such as the Clovis Branch Library, Senior Center, and the Transit Center. Additionally, local non -profit service providers who provide outreach to low - income populations were also provided notice. The Substantial Amendment process provides 61 AGENDA ITEM NO. 15.
for a 30-day public review and comment process. No public comments or ques tions have been submitted as of the drafting of this report.

As part of the recommended action, staff is requesting approval of a Budget Amendment to allow for the expenditure of the additional funds in the CIP Budget, in the amount of $155,876 for Water Tower 1 Trail Plaza Improvements Project.

FISCAL IMPACT
There is no impact to the General Fund . The recommended funding is available in the CDBG Program.

REASON FOR RECOMMENDATION
The recommended action will allocate funding to an eligible activity and ensure the federal funds are expended locally and expeditiously on a much needed project.

ACTIONS FOLLOWING APPROVAL
Staff will submit the Substantial Amendment to HUD for review and approval, and subsequently commence the CIP project.

CONFLICT OF INTEREST
None.

Prepared by: Claudia Cazares, Housing Program Manager

Reviewed by: City Manager JH
62 AGENDA ITEM NO. 15.

Attachment 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING THE SUBSTANTIAL AMENDMENT TO THE 2019-2020 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN AND 2016-2020

CONSOLIDATED PLAN

WHEREAS, the City Council of the City of Clovis is a U. S. Department of Housing and Urban Development (HUD) entitlement city for the purpose of receiving Community Development Block Grant (CDBG) Program funds; and

WHEREAS, HUD had previously provided the City of Clovis a re-allocation of Community Development Block Grant – Coronavirus (CDBG-CV) funds to assist in alleviating the effects of the coronavirus; and

WHEREAS, on July 5, 2022, the Clovis City Council approved utilizing CDBG -CV funds for the Emergency Utilities Payment Program; and

WHEREAS, to date, the Emergency Utilities Payment Program has assisted thirty-two households pay for overdue utility bills, yet demand for the program has declined in 2024; and

WHEREAS, the Program currently has $155,876 in unspent CDBG -CV funds, which can be re-allocated to an alternate CDBG-CV Eligible Project; and

WHEREAS, the City proposes to re-allocate CDBG-CV funds as follows:

 Utilities Payment Assistance Program (reduction): ($130,876)  CDBG-CV Administration (reduction): ($25,000)
 Water Tower 1 Plaza at Old Town Trail Improvements (addition): $155,876

WHEREAS, HUD requires the City of Clovis to Substantially Amend its CDBG Action Plan when changes to previously approved CDBG projects includes modifications of 25% in CDBG and/or CDBG-CV funding, as is the case with the changes identified above.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis approves and adopts the Substantial Amendment to the 2019-2020 Annual Action Plan and the 2016-2020 Consolidated Plan and authorizes the City Manager, or designee, to execute any necessary forms or agreements.

* * * * *

63 AGENDA ITEM NO. 15.

Attachment 1
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 2, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

64 AGENDA ITEM NO. 15.

Attachment 2
RESOLUTION 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING AN AMENDMENT TO THE ANNUAL BUDGET FOR
FISCAL YEAR 2024-2025

WHEREAS, the City Council adopted the FY 2024-2025 budget on June 10, 2024; and WHEREAS, through the federal Community Development Block Grant – Coronavirus (CDBG-CV) Program, the City of Clovis has an identified $155, 900 in underutilized funding available to re-allocate to an eligible activity; and
WHEREAS, the eligible activity selected is the CIP 22 -11 Water Tower 2 Trail Plaza Improvements project within the CIP Program; and
WHEREAS, revenues and expenditures for the CIP 22 -11 Project in the amount of $155,900 were not included in the original adopted budget.

NOW, THEREFORE, BE IT RESOLVED , that the City of Clovis approves the budget amendment as shown in the “Summary of Expenditures/Revenues by Department” and “Summary of Expenditures/Revenues by Fund” as attached as Attachment A.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 2, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

_____________________________ ______________________________ Mayor City Clerk

65 AGENDA ITEM NO. 15.

Attachment A

SUMMARY OF EXPENDITURES BY DEPARTMENT
2024-2025

Department
Planning & Development Services - CIP $ 155,900 Total Department $ 155,900

SUMMARY OF EXPENDITURES BY FUND
2024-2025

Fund
Park & Recreation Acquisition (93000-75593) $ 155,900 Total Fund $ 155,900

SUMMARY OF REVENUES BY DEPARTMENT
2024-2025

Department
Planning & Development Services - CIP $ 155,900 Total Department $ 155,900

SUMMARY OF REVENUES BY FUND
2024-2025

Fund
Park & Recreation Acquisition (93000-45039) $ 155,900 Total Fund $ 155,900

66 AGENDA ITEM NO. 15.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: December 2, 2024
SUBJECT: Conduct a Proposition 218 Public Hearing and Majority Protest Vote to Implement a Water Meter Installation Fee to Unmetered Parcels in Tarpey Village; and Consider Approval – Res. 24 - __, A Resolution of the City Council of the City of Clovis Authorizing a Water Meter Installation Fee.

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

ATTACHMENTS: 1. Resolution 24 - ___

2. Proposition 218 Notice

RECOMMENDATION
For the City Council to conduct a Proposition 218 public hearing and a majority protest vote to implement a Water Meter Installation Fee to unmetered parcels in Tarpey Village . At the conclusion of the public hearing, direct the City Clerk to report the number of written protests received to determine if a majority protest of the proposed Water Meter Installation Fee has been made by the affected customers and property owners. If no majority protest has been made, staff recommends Council approve the Resolution authorizing the Water Meter Installation Fee.

EXECUTIVE SUMMARY
Water Code section 527, added through Assembly Bill 2572 in 2004, requires the City, as an urban water provider, to install water meters on all municipal and industrial service connections located within its water service area on or before January 1, 2025.

Tarpey Village, which is in unincorporated Fresno County but is served by the City of Clovis water system, currently has 33 4 remaining unmetered water connections out of a total of 1,354. A total of 323 unmetered water connections will be affected by the Water Meter Installation Fee, as 11 unmetered accounts are already in the process of transitioning to metered service. All other water service connections within the City’s water service a rea are metered.
67 AGENDA ITEM NO. 16.

In order for the City to recover its costs for the installation of water meters on the remaining unmetered parcels in Tarpey Village, staff received Council approval on August 19, 2024 to conduct a Proposition 218 hearing. Additionally, on September 3, 2024, Council awarded a contract to a contractor to complete the installation of water meters on remaining unmetered services. The installation of water meters is currently underway and is scheduled to be completed prior to the January 1, 2025, deadline. Public hearing notices were mailed to the affected parcel owners and water customers on October 16, 2024, more than 45 days prior to tonight’s Proposition 218 public hearing and in accordance with the requirements of California Constitution Article XIIID section 6 and Government Code section 53755.

If there is not a majority protest, the City Council is authorized to approve the proposed Water Meter Installation Fee, which would be charged to the affected customers over a two- to three- year period beginning in January 2025.

BACKGROUND
In 2004, the State Legislature adopted Assembly Bill 2572 , which added section 527 of the Water Code. Water Code section 527 requires all urban water suppliers to install water meters on all municipal and industrial service connections located within their service areas on or before January 1, 2025. Water Code section 527(b) provides that urban water suppliers may recover the cost of providing the services related to the purchase, inst allation, and operation of water meters from rates, fees, or charges.

Tarpey Village, which is in unincorporated Fresno County but is served by the City of Clovis water system, has a total of 334 unmetered water service connections, of which 297 require plumbing retrofits to be completed by a contractor to meet City standards, and an additional 26 unmetered water service connections that have been pre-plumbed and still require a meter to be installed. Staff conducted a public meeting with Tarpey residents before initiation of the Proposition 218 process and before the award of the contract for water meter installation to allow residents to voluntarily sign up under the previous installation fee of $980 . Eleven (11) customers committed to installing a meter and were removed from the list of those to receive the Proposition 218 public hearing notice. As a result, a total of 323 service accounts received the Proposition 218 public hearing notice.

For the remaining parcels without installed water meters, and based on the Contractor’s bid results, the City proposed two separate fee structures as part of the Proposition 218 hearing:

 Customers who had been previously re-plumbed would pay $980 with a two-year no- interest loan offered (total of 26 services).
 Customers who had no previous work completed would pay $1,490 over 3 years with no interest to recover the Contractor’s cost of installing a meter (total of 297 services).

Per the requirements of Proposition 218, the City provided a written notice of the Water Meter Installation Fee to all affected customers and owners of record (Attachment 2). Staff prepared a notice that included information about the date, time, and location of the public hearing. The notice also included information about the fee amount and the basis of the fee.

68 AGENDA ITEM NO. 16.

To recover the cost of retrofitting the plumbing and installing water meter s, City staff is recommending Council conduct the Proposition 218 hearing and, if approved, consider adoption of the Resolution implementing the Water Meter Installation Fee . Staff is recommending the installation fee go into effect beginning in January 2025.

Provided that the number of valid written protests received by the close of the public hearing does not exceed 50% of the total number of parcels affected by the proposed Water Meter Installation Fee, Council may approve the proposed increase. The City Clerk will tabulate the number of written protests and verify their validity at the close of the public hearing. Only one written protest per parcel will be counted.

FISCAL IMPACT
This project is included in the 2024 -2025 fiscal year budget and will be initially paid for by the Water Enterprise Fund. The Water Meter Installation Fee would allow the City to recover most of its costs associated with the contractor-installed water service and meters. The Water Meter Installation Fee will be charged through a payment plan over 24 or 36 months with no interest, depending on the fee they will be assessed. If the Water Meter Installation Fee is not approved or is rejected by a majority protest by affected fee payers following the public hearing, the City will still proceed with the work to comply with the State mandate and be burdened with all costs.

REASON FOR RECOMMENDATION
The City is required to comply with State law and transition all of its remaining water customers in Tarpey Village to metered service before January 1, 2025. Water Code section 527(b) allows the City to recover the costs associated with the contractor -installed water meter installation through the Proposition 218 process. The proposed Water Meter Installation Fee will allow the City to comply with the Water Code section 527 mandate while allowing the Water Enterprise Fund to recover its costs from installing water meters on the remaining unmetered parcels.

ACTIONS FOLLOWING APPROVAL
The Water Meter Installation Fee will begin being charged to the affected customers starting in January 2025.

CONFLICT OF INTEREST
None.

Prepared by: Kevin Tuttle, Supervising Civil Engineer

Reviewed by: City Manager JH
69 AGENDA ITEM NO. 16.

ATTACHMENT 1
RESOLUTION NO. 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

AUTHORIZING A WATER METER INSTALLATION FEE

WHEREAS, Water Code section 527 requires the City, as an urban water provider, to install water meters on all municipal and industrial service connections located within its water service area on or before January 1, 2025; and

WHEREAS, nearly all City water customers have metered accounts; and

WHEREAS, City Public Utilities staff has identified and noticed 323 remaining unmetered water accounts that must be converted to metered water service before January 1, 2025; and

WHEREAS, since the adoption of Assembly Bill 2572 in 2004 (which added Water Code section 527), City Public Utilities staff has informed its water customers via letters about the community benefits of having a water meter installed and of the impending January 1, 2025 deadline; and

WHEREAS, the City must comply with the requirements of Water Code section 527 and must install water meters on all remaining unmetered accounts; and

WHEREAS, due to the upcoming State law deadline and the number of remaining unmetered parcels, City Public Utilities staff has solicited bids for contractors to install water meters on all remaining unmetered parcels; and

WHEREAS, certain remaining parcels – identified as a total of 26 services – have had a previous plumbing retrofit completed by City staff and require only a water meter installation, determined to be $980 per remaining unmetered parcel; and

WHEREAS, certain remaining parcels – identified as a total of 297 service s – require both a plumbing retrofit and a meter installation to be completed by a contractor, determined to be $1,490 per remaining unmetered parcel; and

WHEREAS, on September 3, 2024, this City Council awarded a contract to a contractor to complete the installation of water meters on the remaining unmetered parcels; and

WHEREAS, the installation of water meters on the remaining unmetered parcels is currently underway and is scheduled to be completed prior to the January 1, 2025 deadline; and

WHEREAS, Water Code section 527(b) provides that the City may recover the cost of providing the services related to the purchase, installation, and operation of water meters from rates, fees, or charges; and

WHEREAS, Government Code Section 54344 authorizes the City Council to establish and fix rates and charges for its water utility; and 70 AGENDA ITEM NO. 16.

WHEREAS, Clovis Municipal Code sections 6.5.104 and 6.5.105 provide for the establishment of water service rates and charges by resolution of the City Council; and

WHEREAS, the City intends to recover its costs for the purchase and installation of the water meters on all remaining unmetered parcels through the use of a fee charged to each remaining unmetered parcel (the “Water Meter Installation Fee”); and

WHEREAS, notice of the proposed Water Meter Installation Fee was mailed to the record owners and water customers of each remaining unmetered parcel in the City’s water service area in accordance with the requirements of California Constitution Article XIIID section 6 and Government Code section 53755; and

WHEREAS, a public hearing to consider the proposed Water Meter Installation Fee and any protests to such rates was duly held and conducted at the City Council meeting on December 2nd, 2024, which meeting and hearing was more than 45 days after the required written notice was mailed to property owners and water customers in accordance with the requirements of California Constitution Article XIIID section 6 and Government Code section 53755; and

WHEREAS, a majority of the record owners and tenants of the identified parcels did not submit written protests to the proposed Water Meter Installation Fee before the close of the public hearing; and

WHEREAS, in the absence of a majority protest, the City Council is authorized to approve the proposed Water Meter Installation Fee; and

WHEREAS, the amount of the Water Meter Installation Fee shall be $1,490 for each unmetered parcel also requiring a plumbing retrofit and $980 for each parcel requiring only a meter installation; and

WHEREAS, under State law , the revenues derived from the Water Meter Installation Fee may not exceed the funds required to provide the water meter installations and the revenues derived from the Water Meter Installation Fee may not be used for any other purpose.

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

1. That the above recitals are true and correct.

2. That the Water Meter Installation Fee of $1,490 for customers requiring a plumbing retrofit and meter installation, and $980 for customers requiring a meter installation only, is hereby approved and adopted to recover the City’s costs of providing services rela ted to the purchase, installation , and operation of water meters for the remaining unmetered parcels.

71 AGENDA ITEM NO. 16.

3. That this resolution will become effective immediately upon adoption.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on December 2, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

72 AGENDA ITEM NO. 16.

NOTICE

OF PUBLIC

HEARING
D E C E M B E R 2 , 2 0 2 4
A T 6 : 0 0 P M

W A T E R M E T E R

I N S T A L L A T I O N
F E E
HOW MAY I PARTICIPATE?
M e m b e r s o f t h e p u b l i c a r e w e l c o m e t o a t t e n d t h e p u b l i c h e a r i n g r e g a r d i n g t h e p r o p o s e d W a t e r M e t e r I n s t a l l a t i o n F e e . T h e p u b l i c h e a r i n g w i l l t a k e p l a c e o n D e c e m b e r 2 , 2 0 2 4 , a t 6 : 0 0 p . m . a t C l o v i s ’ C i t y C o u n c i l C h a m b e r s , 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 . A t t h e p u b l i c h e a r i n g , a l l m e m b e r s o f t h e p u b l i c w i l l h a v e a n o p p o r t u n i t y t o s p e a k , p r o v i d e c o m m e n t s , a n d s u b m i t w r i t t e n p r o t e s t s r e g a r d i n g t h e p r o p o s e d W a t e r M e t e r I n s t a l l a t i o n F e e . O n l y w r i t t e n p r o t e s t s w i l l c o u n t t o w a r d s d e t e r m i n i n g i f a m a j o r i t y p r o t e s t e x i s t s t o p r e v e n t t h e p r o p o s e d W a t e r M e t e r I n s t a l l a t i o n F e e .

I f , a t t h e c l o s e o f t h e p u b l i c h e a r i n g , t h e r e i s n o m a j o r i t y p r o t e s t a s d e s c r i b e d a b o v e , t h e C i t y C o u n c i l m a y a p p r o v e t h e p r o p o s e d W a t e r M e t e r I n s t a l l a t i o n F e e .

C i t y o f C l o v i s
C i t y C o u n c i l C h a m b e r s
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
P u b l i c U t i l i t i e s D e p a r t m e n t
5 5 9 - 3 2 4 - 2 6 0 0
NEED ADDITIONAL INFORMATION?
T h e C i t y o f C l o v i s
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 2
73 AGENDA ITEM NO. 16.

I n 2 0 0 4 t h e S t a t e L e g i s l a t u r e a d o p t e d A s s e m b l y B i l l 2 5 7 2 w h i c h a d d e d s e c t i o n 5 2 7 o f t h e W a t e r C o d e . W a t e r C o d e s e c t i o n 5 2 7 r e q u i r e s a l l u r b a n w a t e r s u p p l i e r s t o i n s t a l l w a t e r m e t e r s o n a l l m u n i c i p a l a n d i n d u s t r i a l s e r v i c e c o n n e c t i o n s l o c a t e d w i t h i n t h e i r s e r v i c e a r e a s o n o r b e f o r e J a n u a r y 1 , 2 0 2 5 . W a t e r C o d e s e c t i o n 5 2 7 ( b ) p r o v i d e s t h a t u r b a n w a t e r s u p p l i e r s m a y r e c o v e r t h e c o s t o f p r o v i d i n g t h e s e r v i c e s r e l a t e d t o t h e p u r c h a s e , i n s t a l l a t i o n , a n d o p e r a t i o n o f a w a t e r m e t e r f r o m r a t e s , f e e s , o r c h a r g e s .

O u r r e c o r d s i n d i c a t e t h a t y o u r p r o p e r t y i s l o c a t e d w i t h i n t h e C i t y o f C l o v i s ( t h e “ C i t y ” ) w a t e r s e r v i c e a r e a a n d d o e s n o t y e t h a v e a w a t e r m e t e r . W a t e r C o d e s e c t i o n 5 2 7 r e q u i r e s t h e C i t y t o i n s t a l l w a t e r m e t e r s o n a l l r e m a i n i n g u n m e t e r e d p a r c e l s w i t h i n t h e C i t y ’ s w a t e r s e r v i c e a r e a . T h e J a n u a r y 1 , 2 0 2 5 d e a d l i n e t o t r a n s i t i o n t o 1 0 0 % m e t e r e d - w a t e r s e r v i c e i s a p p r o a c h i n g , a n d t h e C i t y m u s t c o m p l y w i t h t h e S t a t e l a w m a n d a t e . T h e r e i s n o o p t i o n t o e l e c t t o c o n t i n u e t o r e c e i v e u n m e t e r e d w a t e r s e r v i c e . I f y o u h a v e a w a t e r m e t e r i n s t a l l e d o n y o u r p r o p e r t y a n d y o u b e l i e v e y o u h a v e r e c e i v e d t h i s n o t i c e i n e r r o r , p l e a s e c o n t a c t t h e C i t y ’ s P u b l i c U t i l i t i e s D e p a r t m e n t a t ( 5 5 9 ) 3 2 4 - 2 6 0 0 a s s o o n a s p o s s i b l e .

Y o u a r e r e c e i v i n g t h i s n o t i c e i n c o m p l i a n c e w i t h P r o p o s i t i o n 2 1 8 , w h i c h r e q u i r e s t h e C i t y t o i n f o r m a f f e c t e d p r o p e r t y o w n e r s a n d c u s t o m e r s o f r e c o r d t h a t t h e C i t y i s p r o p o s i n g t o c h a r g e a f e e p u r s u a n t t o W a t e r C o d e s e c t i o n 5 2 7 ( b ) t o r e c o v e r t h e c o s t s o f t h e p u r c h a s e a n d i n s t a l l a t i o n o f a w a t e r m e t e r o n y o u r p r o p e r t y ( t h e “ W a t e r M e t e r I n s t a l l a t i o n F e e ” ) . T h i s n o t i c e i s p r o v i d e d t o i n f o r m y o u o f t h e a m o u n t o f t h e W a t e r M e t e r I n s t a l l a t i o n F e e ; t h e b a s i s f o r t h e a m o u n t o f t h e W a t e r M e t e r I n s t a l l a t i o n F e e , t h e r e a s o n f o r t h e W a t e r M e t e r I n s t a l l a t i o n F e e , a n d t h e d a t e , t i m e a n d l o c a t i o n o f a s c h e d u l e d p u b l i c h e a r i n g .

I n c o m p l i a n c e w i t h A r t i c l e X I I I D o f t h e C a l i f o r n i a S t a t e C o n s t i t u t i o n , t h e P r o p o s i t i o n 2 1 8 O m n i b u s I m p l e m e n t a t i o n A c t , a n d t h e C i t y o f C l o v i s M u n i c i p a l C o d e , t h e C i t y i s h e r e b y n o t i f y i n g a l l a f f e c t e d p r o p e r t y o w n e r s a n d c u s t o m e r s o f r e c o r d o f t h e W a t e r M e t e r I n s t a l l a t i o n F e e .

A p u b l i c h e a r i n g w i l l b e h e l d o n D e c e m b e r 2 , 2 0 2 4 a t 6 : 0 0 p . m . , o r a s s o o n t h e r e a f t e r a s t h e p u b l i c h e a r i n g m a y o c c u r , i n C i t y C o u n c i l C h a m b e r s a 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 . A l l m e m b e r s o f t h e p u b l i c a r e i n v i t e d t o a t t e n d .

S e c t i o n 5 2 7 o f t h e W a t e r C o d e r e q u i r e s a l l u r b a n w a t e r s u p p l i e r s t o i n s t a l l w a t e r m e t e r s o n a l l m u n i c i p a l a n d i n d u s t r i a l s e r v i c e c o n n e c t i o n s l o c a t e d w i t h i n t h e i r s e r v i c e a r e a s o n o r b e f o r e J a n u a r y 1 , 2 0 2 5 . O u r r e c o r d s i n d i c a t e t h a t y o u r p r o p e r t y i s w i t h i n t h e C i t y ’ s W a t e r s e r v i c e a r e a b u t d o e s n o t y e t h a v e a w a t e r m e t e r .

T h e C i t y w i l l c h a r g e a W a t e r M e t e r I n s t a l l a t i o n F e e t o t h e o w n e r o f e a c h u n m e t e r e d p a r c e l w i t h i n t h e C i t y ’ s w a t e r s e r v i c e a r e a . T h e r e a r e t w o d i f f e r e n t r a t e s f o r t h e W a t e r M e t e r I n s t a l l a t i o n F e e d e p e n d e n t o n t h e c o n d i t i o n s o f t h e e x i s t i n g w a t e r s e r v i c e l i n e .

T h e C i t y w i l l c h a r g e a W a t e r M e t e r I n s t a l l a t i o n F e e o f $ 9 8 0 t o p a r c e l s t h a t h a v e h a d w o r k p r e v i o u s l y c o m p l e t e d b y C i t y s t a f f o n t h e w a t e r s e r v i c e l i n e b u t s t i l l r e q u i r e t h e i n s t a l l a t i o n o f a w a t e r m e t e r a n d a m e t e r t r a n s c e i v e r u n i t .

T h e w o r k p r e v i o u s l y c o m p l e t e d b y C i t y s t a f f i n c l u d e d t h e i n s t a l l a t i o n o f a n a n g l e s t o p , a w a t e r m e t e r b o x a n d l i d , a n d o t h e r m i s c e l l a n e o u s p a r t s . T h e W a t e r M e t e r I n s t a l l a t i o n F e e o f $ 9 8 0 c o v e r s t h e c o s t s o f m a t e r i a l , l a b o r a n d o t h e r a s s o c i a t e d c o s t s w i t h t h e i n s t a l l a t i o n o f a w a t e r m e t e r a n d a m e t e r t r a n s c e i v e r u n i t , a n d m a y b e p a i d o n e t i m e i n f u l l o r t h r o u g h a p a y m e n t p l a n o v e r 2 4 - m o n t h s w i t h n o i n t e r e s t .

T h e C i t y w i l l c h a r g e a W a t e r M e t e r I n s t a l l a t i o n F e e o f $ 1 , 4 9 0 t o p a r c e l s w h e r e n o w o r k h a s p r e v i o u s l y b e e n c o m p l e t e d o n t h e w a t e r s e r v i c e l i n e f o r t h e i n s t a l l a t i o n o f a m e t e r. T h e W a t e r M e t e r I n s t a l l a t i o n F e e o f $ 1 , 4 9 0 c o v e r s t h e c o s t s o f m a t e r i a l , l a b o r a n d o t h e r a s s o c i a t e d c o s t s w i t h t h e i n s t a l l a t i o n o f a w a t e r m e t e r b o x , w a t e r m e t e r a n d a m e t e r t r a n s c e i v e r u n i t , i s b a s e d o n a c o n t r a c t o r ’ s c o m p e t i t i v e b i d , a n d m a y b e p a i d o n e t i m e i n f u l l o r t h r o u g h a p a y m e n t p l a n o v e r 3 6 - m o n t h s w i t h n o i n t e r e s t .

A c c o r d i n g t o C i t y r e c o r d s , y o u r p a r c e l h a s b e e n i d e n t i f i e d t o f a l l u n d e r t h e W a t e r M e t e r I n s t a l l a t i o n F e e o f $ 1 , 4 9 0 .

Y o u m a y c o n t a c t t h e P u b l i c U t i l i t i e s D e p a r t m e n t a t ( 5 5 9 ) 3 2 4 - 2 6 0 0 i f y o u h a v e a n y q u e s t i o n s .

U n d e r S t a t e l a w t h e r e v e n u e s d e r i v e d f r o m t h e W a t e r M e t e r I n s t a l l a t i o n F e e m a y n o t e x c e e d t h e f u n d s r e q u i r e d t o p r o v i d e t h e w a t e r m e t e r i n s t a l l a t i o n s , a n d t h e r e v e n u e s d e r i v e d f r o m t h e W a t e r M e t e r I n s t a l l a t i o n F e e m a y n o t b e u s e d f o r a n y p u r p o s e o t h e r t h a n t h e i n s t a l l a t i o n o f w a t e r m e t e r s o n t h e r e m a i n i n g u n m e t e r e d p a r c e l s i n t h e C i t y ’ s w a t e r s e r v i c e a r e a .

P r o p o s i t i o n 2 1 8 r e q u i r e s t h a t c e r t a i n f e e s , s u c h a s t h e W a t e r M e t e r I n s t a l l a t i o n F e e , b e s u b j e c t t o a “ m a j o r i t y p r o t e s t ” p r o c e s s p r i o r t o i m p l e m e n t i n g a n y i n c r e a s e s . I f a m a j o r i t y o f t h e p r o p e r t y o w n e r s a n d c u s t o m e r s a f f e c t e d b y t h e W a t e r M e t e r I n s t a l l a t i o n F e e s u b m i t a w r i t t e n p r o t e s t t o t h e p r o p o s e d W a t e r M e t e r I n s t a l l a t i o n F e e , t h e C i t y c a n n o t l e v y t h e W a t e r M e t e r I n s t a l l a t i o n F e e .

B o t h p r o p e r t y o w n e r s a n d t e n a n t s o f p a r c e l s t h a t w i l l b e a f f e c t e d b y t h e p r o p o s e d W a t e r M e t e r I n s t a l l a t i o n F e e m a y s u b m i t a w r i t t e n p r o t e s t o p p o s i n g t h e W a t e r M e t e r I n s t a l l a t i o n F e e , h o w e v e r , o n l y o n e w r i t t e n p r o t e s t p e r p a r c e l w i l l b e c o u n t e d i n c a l c u l a t i n g w h e t h e r a m a j o r i t y p r o t e s t e x i s t s . W r i t t e n p r o t e s t s m a y b e m a i l e d o r d e l i v e r e d i n p e r s o n t o t h e C i t y C l e r k ’ s O f f i c e a t t h e C i t y o f C l o v i s , 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 , o r h a n d d e l i v e r e d a t t h e p u b l i c h e a r i n g . W r i t t e n p r o t e s t s m u s t i n c l u d e t h e f o l l o w i n g i n f o r m a t i o n : t h e p r o p o s e d c h a r g e o r f e e b e i n g p r o t e s t e d , y o u r n a m e , p a r c e l n u m b e r a n d / o r s e r v i c e a d d r e s s , a n d y o u r s i g n a t u r e . A l l w r i t t e n p r o t e s t s m a i l e d o r o t h e r w i s e d e l i v e r e d t o t h e C i t y C l e r k , s h o u l d i d e n t i f y o n t h e f r o n t o f t h e e n v e l o p e t h a t t h e e n c l o s e d c o n t a i n s a p r o t e s t o n t h e p r o p o s e d W a t e r M e t e r I n s t a l l a t i o n F e e . A l l w r i t t e n p r o t e s t s m u s t b e r e c e i v e d p r i o r t o t h e c o n c l u s i o n o f t h e p u b l i c i n p u t p o r t i o n o f t h e p u b l i c h e a r i n g t o b e c o n s i d e r e d b y t h e C l o v i s C i t y C o u n c i l .

P r o t e s t s w i l l n o t b e a c c e p t e d b y e m a i l , f a x , o r o t h e r e l e c t r o n i c m e a n s , a n d p r o t e s t s n o t m e e t i n g t h e r e q u i r e m e n t s d e s c r i b e d i n t h e p a r a g r a p h a b o v e w i l l n o t b e c o u n t e d a s w r i t t e n p r o t e s t s . O n l y o n e p r o t e s t w i l l b e c o u n t e d p e r p a r c e l a s p r o v i d e d b y G o v e r n m e n t C o d e s e c t i o n 5 3 7 5 5 ( b ) . O n c e a p r o t e s t i s s u b m i t t e d t o t h e C i t y i t b e c o m e s a d i s c l o s a b l e p u b l i c r e c o r d a s r e q u i r e d b y s t a t e l a w a n d w i l l b e m a i n t a i n e d i n C i t y f i l e s f o r a t l e a s t t w o y e a r s . A n y p e r s o n w h o s u b m i t s a p r o t e s t m a y w i t h d r a w i t b e f o r e t h e c o n c l u s i o n o f t h e p u b l i c i n p u t p o r t i o n o f t h e p u b l i c h e a r i n g b y s u b m i t t i n g t o t h e C i t y C l e r k a w r i t t e n r e q u e s t t h a t t h e p r o t e s t b e w i t h d r a w n .

T h e r e i s a 1 2 0 - d a y s t a t u t e o f l i m i t a t i o n s f o r c h a l l e n g i n g a n y n e w , i n c r e a s e d , o r e x t e n d e d f e e o r c h a r g e f o r w a t e r s e r v i c e .

WHAT IS THE AMOUNT OF THE WATER METER
INSTALLATION FEE AND HOW WAS IT CALCULATED?WHY HAVE I RECEIVED THIS NOTICE? HOW DO I PROTEST THE WATER METER INSTALLATION FEE?
74 AGENDA ITEM NO. 16.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: December 2, 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 1 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.

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

75 AGENDA ITEM NO. 17.

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, water system and 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 a nd 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.

76 AGENDA ITEM NO. 17.

Staff contacted seven (7) Developer s, 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 a n 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 eligib le 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 payment s 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 77 AGENDA ITEM NO. 17.
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 projec t 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 ar e 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 do cument 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 fu nds 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 c over the 78 AGENDA ITEM NO. 17.
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 deb t 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 co me 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.

79 AGENDA ITEM NO. 17.

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 no t 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 execu tion 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. 80 AGENDA ITEM NO. 17.

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
81 AGENDA ITEM NO. 17.

Water Major Facilities
Area 1 Street Improvements
Sewer Major Facilities
Attachment 1
82 AGENDA ITEM NO. 17.

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
83 AGENDA ITEM NO. 17.

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 84 AGENDA ITEM NO. 17.

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 I II (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 85 AGENDA ITEM NO. 17.

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 -of- way 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. 86 AGENDA ITEM NO. 17.

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 87 AGENDA ITEM NO. 17.

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.
e. Underground of Overhead Utilities (UGOH) 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 88 AGENDA ITEM NO. 17.

7 Engineer shall set aside the reimbursement amount for the Subdivider based on available funds from UGOH 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 89 AGENDA ITEM NO. 17.

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

90 AGENDA ITEM NO. 17.

9 MASTER DEVELOPMENT AGREEMENT
TENTATIVE TRACT No. 6205

Exhibit A
Engineer’s Estimate

91 AGENDA ITEM NO. 17.

Item QuantityUnit Unit Cost Total
AREA 1 - Center Travel Lane (Shepherd Avenue)
Agg. Base 1,196TN $ 50.00 59,800.00$
A.C. Pavement 983TN $ 92.00 90,436.00$
8" Median Curb 2,608LF $ 22.50 58,680.00$
Median Landscaping & Irrigation 10,074SF $ 13.00 130,962.00$ Median Stamped Concrete Cap 2,485SF $ 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 1,478TN $ 50.00 73,900.00$
A.C. Pavement 1,215TN $ 92.00 111,780.00$
6" Concrete Curb & Gutter 1,841LF $ 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 1,605TN $ 50.00 80,250.00$
A.C. Pavement 1,319TN $ 92.00 121,348.00$
8" Median Curb 2,243LF $ 22.50 50,467.50$
Median Landscaping & Irrigation 10,189SF $ 13.00 132,457.00$ Median Stamped Concrete Cap 3,775SF $ 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 2,129TN $ 50.00 106,450.00$
A.C. Pavement 1,750TN $ 92.00 161,000.00$
6" Concrete Curb & Gutter 2,491LF $ 14.75 36,742.25$ Wheelchair Ramp 2 EA $ 4,200.00 8,400.00$
Concrete Sidewalk 1,035SF $ 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"

Construction Credit
GREAT BIGLAND INC.

TM 6205 - Master Development Agreement
92 AGENDA ITEM NO. 17.

Water Major Facilities
Sawcut Pavement 7,650 LF $3.25 24,862.50$
A.C. Pavement Removal 15,288SF $300.00 4,586,400.00$
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.
93 AGENDA ITEM NO. 17.

Attachment 3
94 AGENDA ITEM NO. 17.
95 AGENDA ITEM NO. 17.

Attachment 4
96 AGENDA ITEM NO. 17.
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/city- 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.

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
97 AGENDA ITEM NO. 17.
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 Renee-

Can 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 98 AGENDA ITEM NO. 17.
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.

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://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.

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

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 99 AGENDA ITEM NO. 17.
3 recipient (or authorized to receive for the recipient), please contact the sender by reply e-mail and delete all copies of this message.

Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination.

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

Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination.

If suspicious content is detected, you will see a warning. 100
AGENDA ITEM NO. 17.
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.

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://link.edgepilot.com/s/483025d6/U47_wYN6206m2YIhltFjvw?u=https://cityofclovis.com/government/city- council/city-council-agendas/.

You don't often get email from [email protected] . Learn why this is important 101
AGENDA ITEM NO. 17.
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.

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

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.

Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination.

If suspicious content is detected, you will see a warning. 102
AGENDA ITEM NO. 17.
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.

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

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 f rom the approval of special f avors f or 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

103
AGENDA ITEM NO. 17.
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.

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

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

You don't often get email from [email protected] . Learn why this is important 104
AGENDA ITEM NO. 17.
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.

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://link.edgepilot.com/s/add7b2d7/3fGPnsK2dEyErx2MdiXumQ?u=https://cityofclovis.com/government/city- 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.

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

This e-mail may contain conf idential and privileged material f or 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 105
AGENDA ITEM NO. 17.
4 recipient (or authorized to receive f or the recipient), please contact the sender by reply e-mail and delete all copies of this message.

Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed f or known threats. If a known threat is f ound, you will not be able to proceed to the destination.

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

Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed f or known threats. If a known threat is f ound, you will not be able to proceed to the destination.

If suspicious content is detected, you will see a warning. 106
AGENDA ITEM NO. 17.