March 04, 2025 - 1 - 5:12 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
March 4, 2025 6:00 PM Council Chamber
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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 March 04, 2025 - 2 - 5:12 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 $500 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 $500 within the preceding 12 months from a pa rty 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, subdivision (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 $500 made within the pre ceding 12 months by the party or their agent to any Councilmember. The disclosure shall be made as required by Government Code Section 84308, subdivision (e)(1) and California Code of Regulations, Title 2, section 18438.8. No party or their agent, and no p articipant or their agent, shall make a campaign contribution of more than $500 to any Councilmember during the covered proceeding or for 12 months after a final decision is made in that proceeding. The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the applicable requirements of the law.
CALL TO ORDER
FLAG SALUTE - Councilmember Bessinger
ROLL CALL
PRESENTATIONS/PROCLAMATIONS
1. Presentation of Proclamation Declaring March 7, 2025, as Arbor Day.
2. Presentation of Proclamation Honoring the Liberta Family for Owning and Operating Luna’s Pizzeria and Italian Restaurant for over 50 Years in Old Town Clovis.
PUBLIC HEARING – Item to be heard at 6:05 p.m.
3. Consider various actions related to the Fifth Public Hearing on the City’s Transition to District-Based Elections:
a. Review Draft District Maps, Select Final Map, and Determine Election Sequence.
b. Consider Introduction – Ord. 25___, An Ordinance of the City Council of the City of Clovis Adding Chapter 1.10 to Title 1 of the Clovis Municipal Code to Establish By - District Elections for Five Council Members, Define District Boundaries, and Schedule the Order of Elections for Each District.
Staff: Briana Parra, City Clerk
Recommendation: Provide Direction / Approve
2 March 04, 2025 - 3 - 5:12 PM 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 vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
4. Administration - Approval - Minutes from the February 18, 2025, Regular Council Meeting, and the February 24, 2025, Special Council Meeting.
5. Administration – Approval – Res. 25-___, Approving an application in the amount of $1,500,000 to the California State Department of Housing and Community Development for funding under the CalHome Program; and Authorizing the City Manager, or designee, to sign the application, execute the Standard Agreement, any Amendments, and any related documents thereto, if selected for funding, as may be necessary to participate in the CalHome Program as identified in the 2024 Homeownership Super Notice of Funding Availability dated December 12, 2024.
6. General Services – Approval - Res. 25-___, Adopting Amendments to the Deputy City Engineer Salary Schedule.
7. General Services – Approval – Res. 25 -___, Amending the City’s FY 20 24-2025 Position Allocation Plan by adding three (3) Police Officer/Recruits, one (1) Animal Control Officer, one (1) Community Service Officer, and one (1) Police Records Specialist I position within the Police Department.
ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.
8. Workshop - Community Facilities District (CFD) for maintenance and operation services.
Staff: Paul Armendariz, Interim Assistant City Manager
Recommendation: Provide Direction
9. Provide Direction – Discussion and guidance on defining the criteria and establishing the Measure Y Oversight Committee.
Staff: Briana Parra, City Clerk
Recommendation: Provide Direction
3 March 04, 2025 - 4 - 5:12 PM
10. Consider various actions associated with CIP 16 -19, the State Route 168/Enterprise Canal Pedestrian Bridge Project, east of Temperance Avenue and south of Owens Mountain Parkway.
a. Consider Approval - Res. 25 -__, A resolution of the City Council adoptin g an environmental finding of a negative declaration as a responsible agency under CEQA Guidelines Section 15381.
b. Consider Approval - A request for the City Council to approve the completed Phase 1 of the project consisting of preliminary design, archi tectural aesthetics evaluation study, preliminary geotechnical investigation, environmental clearance, and community outreach meetings.
c. Consider Approval – A request for the City Council to approve terminating Phase 2 of the project consisting of right of way acquisition, and final design including plans, specifications, and estimate.
Staff: Fernando Copetti, Supervising Civil Engineer /Ryan Burnett, Engineering Program Manager
Recommendation: Approve
CITY MANAGER COMMENTS
COUNCIL COMMENTS
ADJOURNMENT
FUTURE MEETINGS
Regular City Council Meetings are held at 6:00 P.M. in the Council Chamber. The following are future meeting dates:
March 10, 2025 (Mon.)
March 17, 2025 (Mon.)
April 7, 2025 (Mon.)
4 Declaring March 7, 2025, as Arbor Day
WHEREAS, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, The special day, called Arbor Day, was first observed in the State of Nebraska with the planting of more than one million trees; and
WHEREAS, Arbor Day is now observed throughout our nation and the world; and
WHEREAS, Trees provide valuable resources such as reducing erosion, lowering heating and cooling costs, moderating air temperatures, cleaning our atmosphere by sequestering carbon dioxide and producing oxygen, and by providing habitat for wildlife; and
WHEREAS, Trees are a renewable resource further providing paper products, lumber, fuel for heating, and material for many other products; and
WHEREAS, Trees in our community increase property values, enhance economic activity, and beautify our City.
NOW, THEREFORE, BE IT RESOLVED, that the Clovis City Council, on behalf of the citizens of Clovis, does hereby declare March 7, 2025, as
Arbor Day
IN WITNESS THEREOF, I hereunto set my hand and cause the official seal of the City of Clovis to be affixed this 4th day of March 2025.
_______________________________
Mayor
5 AGENDA ITEM NO. 1.
Honoring the Liberta Family for Owning and Operating Luna’s Pizzeria and Italian Restaurant for over 50 Years in Old Town Clovis
WHEREAS, Originally from Italy, Franco and Carmela Liberta were living in New York with their young family when the health of their children forced them to relocate to Clovis. With a family history of delis and pizzerias, the Libertas planned on opening their own restaurant here but were met with sharp criticism; and
WHEREAS, On opening day in 1969, with no employees and borrowed money for the groceries, Franco and Carmela Liberta opened Luna Pizzeria & Italian Restaurant in downtown Clovis. Despite warnings that their restaurant would fail, they persevered and their first day was such a success, they hired a couple of their customers on the spot to begin working that evening; and
WHEREAS, After over 50 years of ownership by the Liberta family, Luna’s Pizzeria and Italian Restaurant has been sold to new owners; and
WHEREAS, Luna’s is an Old Town Clovis staple with over 50 years of serving Italian food to the community, and for some local families this means four generations have dined at the restaurant; and
WHEREAS, Their banquet room has hosted hundreds of celebrations, and a stop by Luna’s for a pre-football game meal has been a decades-long tradition for many families. Additionally, many Clovis locals worked their first job under Carmela Liberta’s watchful eyes; and
WHEREAS, Bert Liberta, who continued his parents’ work, has been running the business alone since his brother David passed away late last year. He says that his work ethic comes from being a first generation child; and
WHEREAS, Having grown up in Old Town Clovis, Bert Liberta knows how important a love for the area is to the people who shop and dine locally.
NOW, THEREFORE, BE IT RESOLVED, that the Clovis City Council, on behalf of the citizens of Clovis, does Recognize and Honor the
Liberta Family
IN WITNESS THEREOF, I hereunto set my hand and cause the official seal of the City of Clovis to be affixed this 4th day of March 2025.
_____________________ ____________________ ______________________ Mayor Mayor Pro Tem Councilmember
__________________________________________
Councilmember Councilmember
6 AGENDA ITEM NO. 2.
TO: Mayor and City Council
FROM: Administration
DATE: March 4, 2025
SUBJECT: Consider various actions related to the Fifth Public Hearing on the City’s Transition to District-Based Elections:
a. Review Draft District Maps, Select Final Map, and Determine Election Sequence.
b. Consider Introduction – Ord. 25___, An Ordinance of the City Council of the City of Clovis Adding Chapter 1.10 to Title 1 of the Clovis Municipal Code to Establish By-District Elections for Five Council Members, Define District Boundaries, and Schedule the Order of Elections for Each District.
Staff: Briana Parra, City Clerk
Recommendation: Provide Direction / Approve
ATTACHMENTS: 1. NDC PowerPoint Presentation
2. Election Sequencing
3. Draft Maps
4. Public Hearing Notice
5. Draft Ordinance
RECOMMENDATION
Staff is asking the City Council to review the draft district maps created by the City’s demographer and members of the public as part of the City’s transition from at -large to district- based elections, select one of the proposed district maps for adoption, determine the election sequence for the selected map , and introduce an ordinance establishing by-district elections following the selection of the preferred map.
EXECUTIVE SUMMARY
In response to a demand letter received on August 26, 2024, alleging racially polarized voting in Clovis’ at-large election system in violation of the California Voting Rights Act (CVRA), the City Council initiated the transition to district -based elections on October 7, 2024 , th rough the 7 AGENDA ITEM NO. 3.
adoption of Resolution 24-110. The process of transitioning to elections district requires a series of public hearings, of which, to date, the City has held four.
Tonight is the fifth and final required public hearing in this process, during which, the City Council will consider a total of six draft district maps—three new maps have been added for consideration at this hearing. During this hearing, the City Council will also formally select a final district map for adoption, determine the sequence of elections associated with that map, and introduce an ordinance establishing by-district elections in the City beginning in November 2026. As with the prior map hearings, the City’s demographer will present each map, including district boundaries and their compliance with federal and state law.
BACKGROUND
On August 26, 2024, the City received a demand letter from the Southwest Voter Registration Education Project (SVREP), alleging that racially polarized voting exists in Clovis’ elections, violating the California Voting Rights Act (CVRA). The letter required the City to either transition to district -based elections or face a legal challenge. Despite the lack of evidence of racially polarized voting or vote dilution in the City’s elections, on October 7, 2024, the Council passed Resolution 24-110, declaring its intent to transition from an at-large election system to a district- based election system. This decision was primarily made to avoid what would likely be a prohibitively costly and unfavorable legal challenge to the City’s at-large elections by SVREP.
To facilitate this transition, the City engaged National Demographics Corporation (NDC), an expert demographic firm, to assist with drafting the district maps and ensuring compliance with all legal requirements. The City’s transition to election districts is mostly governed by Elections Code section 10010, pursuant to which, the City Council is required to hold at least five public hearings prior to approving a final election district map and adopting an ordinance to implement district-based elections. Thus far, and as required by Elections Code section 10010, the City has held four public hearings in this process. The City has also posted all draft district maps on its dedicated webpage to encourage public partici pation, and engaged in extensive community outreach, including a community map drawing workshop, which was held on January 9, 2025.
Tonight is the fifth and final required public hearing in the districting process. Previously, during the January 21, 2025, public hearing, Council directed staff to proceed with only draft maps for a five-district election system, thereby abandoning the option for a four district system with an at-large elected mayor , which was previously being considered . As a result, duri ng tonight’s hearing, Council will consider a total of six draft district maps, all of which are for a five-district system. At the conclusion of the hearing, Council will formally select a final district map for adoption, determine the sequence of electio ns associated with that map, and introduce an ordinance amending the City’s Municipal Code to establish by -district elections in the City starting with the November 2026 election.
FISCAL IMPACT
None.
REASON FOR RECOMMENDATION
Tonight’s hearing is a continuation of the City’s process of converting to district-based elections in accordance with Resolution 24-110.
8 AGENDA ITEM NO. 3.
ACTIONS FOLLOWING APPROVAL
Following the City Council's selection of a district map, the next action would be for the Council to formally introduce an ordinance to implement the selected district map.
CONFLICT OF INTEREST
None.
Prepared by: Briana Parra, City Clerk
Reviewed by: City Manager AH
9 AGENDA ITEM NO. 3.
CITY OF CLOVIS
Draft Maps Discussion
March 4, 2025 Dr. Jeff Tilton, Senior Consultant
National Demographics Corporation
Attachment 1
10 AGENDA ITEM NO. 3.
2 Districting Process
2 Step Description
Pre-draft map hearing
November 18
• Held prior to release of draft maps
• Education and to solicit input on the composition of districts Pre-draft map hearing
December 16
• Held prior to release of draft maps
• Education and to solicit input on the composition of districts Community Workshop
January 9
• Clovis Transit Center, 6 p.m.
• Learn about the process and mapping tools
Release draft maps • Maps must be posted at least 7 days prior to hearing • Public maps must be submitted by 10 days prior to hearing Hearing on draft maps
January 21
• Discuss and revise the draft maps
• Deadline to submissions: January 9, 5 p.m.
Hearing on draft maps
February 11
• Discuss and revise the draft maps
• Deadline to submissions: January 30, 5 p.m.
Selection of final map
March 4
• Select final map and the election sequence; Ordinance first reading • Final map must be posted at least 7 days prior to adoption • Deadline to submissions: February 21, 5 p.m.
Ordinance adoption
March 10
• Map adopted via Ordinance
Within 21 days of
map adoption
• Issue compliance report 11
AGENDA ITEM NO. 3.
3 Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
“Shall not adopt election district
boundaries for the purpose of favoring
or discriminating against an incumbent,
political candidate, or political party.”
No other criterion may be prioritized
over statutory criteria.
1. Federal Laws 2. California Criteria
Mandatory in prioritized order:
1. Geographically contiguous
2. Avoid division of
neighborhoods and
“communities of interest”
(Socio-economic geographic areas
that should be kept together)
3. Easily identifiable
boundaries
4. Compact
(Do not bypass one group of
people to get to a more distant
group of people)
2. California Prohibition
3 Districting Rules and Goals
Future population growth
3. Other Traditional
Redistricting Principles
March 4, 2025
12 AGENDA ITEM NO. 3.
44 The Maps
March 4, 2025
13 AGENDA ITEM NO. 3.
55March 4, 2025
2026 Election: Districts 1, 2 & 3
2028 Election: Districts 4 & 5
501
14 AGENDA ITEM NO. 3.
66March 4, 2025
502
2026 Election: Districts 1, 2 & 3
2028 Election: Districts 4 & 5
15 AGENDA ITEM NO. 3.
77March 4, 2025
503
2026 Election: Districts 1, 2 & 5
2028 Election: Districts 3 & 4
OR
2026 Election: Districts 1, 2 & 3
2028 Election: Districts 4 & 5
16 AGENDA ITEM NO. 3.
88March 4, 2025
506
2026 Election: Districts 1, 3 & 5
2028 Election: Districts 2 & 4
OR
2026 Election: Districts 1, 3 & 4
2028 Election: Districts 2 & 5
17 AGENDA ITEM NO. 3.
99March 4, 2025
507
2026 Election: Districts 1, 3 & 5
2028 Election: Districts 2 & 4
OR
2026 Election: Districts 1, 3 & 4
2028 Election: Districts 2 & 5
18 AGENDA ITEM NO. 3.
1010March 4, 2025
508
2026 Election: Districts 1, 3 and 4
2028 Election: Districts 2 and 5
19 AGENDA ITEM NO. 3.
1111
Discussion / Action
March 4, 2025
20 AGENDA ITEM NO. 3.
Attachment 2
City of Clovis
Potential Election Sequencing Schedule
This document provides a proposed election sequencing schedule for the draft maps titled “400” Districts and “500” Districts
400 Districting, At Large Mayor (First Elected in 2026)
401:
2026 Election: Districts 1 and 2
2028 Election: Districts 3 and 4
402:
2026 Election: Districts 1 and 2
2028 Election: Districts 3 and 4
403:
2026 Election: Districts 1 and 3
2028 Election: Districts 2 and 4
405:
2026 Election: Districts 1 and 2
2028 Election: Districts 3 and 4
500 Districting
501:
2026 Election: Districts 1, 2 and 3
2028 Election: Districts 4 and 5
502:
2026 Election: Districts 1, 2 and 3
2028 Election: Districts 4 and 5
503 (Two Options):
2026 Election: Districts 1, 2 and 5
2028 Election: Districts 3 and 4
OR
2026 Election: Districts 1, 2, and 3
2028 Election: Districts 4 and 5
504 and 505 (no election sequencing as maps are noncompliant)
21 AGENDA ITEM NO. 3.
Attachment 2
506 (Two Options):
2026 Election: Districts 1, 3, and 5
2028 Elections: Districts 2 and 4
OR
2026 Election: Districts 1, 3, and 4
2028 Election: Districts 2 and 5
507 (Two Options):
2026 Election: Districts 1, 3, and 5
2028 Elections: Districts 2 and 4
OR
2026 Election: Districts 1, 3, and 4
2028 Election: Districts 2 and 5
508:
2026 Election: Districts 1, 3, and 4
2028 Elections: Districts 2 and 5
4924-9824-8463 v.1.docx
22 AGENDA ITEM NO. 3.
3 5
4 2
1 Gettysburg
ES
Red Bank ES
Cox ES
Dry Creek
ES
Clovis High
Jefferson
ES
Gateway ES
Oraze ES
Weldon ES
Tarpey ES
Buchanan
High
Garfield ES
Alta Sierra
MS
Heliport
FS
FS
FS
FS
Tollhouse
Rd
W
Shaw
Av
e
Temperance Ave
E Bullard Ave
W Sierra Ave
N Villa Ave
N Locan Ave
Sunnyside Ave
W Herndon Ave
E Alluvial Ave
Armstrong Ave
E Ashlan Ave
N Peach Ave
W
Barstow
Ave
W
G
ettysburg Ave
Clovis Ave
N Fowler Ave
Bernad
ine D
r
Willow Ave
E Shepherd Ave
N
ees
Ave
E Teague Ave
N Marion Ave
N Locan Ave
N Leonard Ave
N De Wolf Ave
N Highland Ave
National Demographics Corporation, February 24, 2025
Unpopulated, non-contiguous
area to the north is in District 1.
Clovis 2025
Districting
©2021 CALIPER
Attachment 3 23
AGENDA ITEM NO. 3.
501
District 1
Total Pop 23,306
Deviation from ideal -786
% Deviation -3.26%
% Hisp 22.8%
% NH White 56%
% NH Black 3%
% Asian-American 14%
Total 14,832
% Hisp 23%
% NH White 61%
% NH Black 4%
% Asian/Pac.Isl. 12%
Total 15,339
% Latino est. 19%
% Spanish-Surnamed 17%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 68%
% NH Black 5%
Total 9,003
% Latino est. 15%
% Spanish-Surnamed 14%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 74%
% NH Black 5%
Total 13,380
% Latino est. 16%
% Spanish-Surnamed 15%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 74%
% NH Black est. 3%
ACS Pop. Est. Total 22,346
age0-19 31%
age20-60 48%
age60plus 21%
immigrants 14%
naturalized 68%
english 76%
spanish 12%
asian-lang 6%
other lang 7%
Language Fluency Speaks Eng. "Less than Very Well" 7%
hs-grad 49%
bachelor 27%
graduatedegree 18%
Child in Household child-under18 41%
Pct of Pop. Age 16+ employed 60%
income 0-25k 6%
income 25-50k 9%
income 50-75k 11%
income 75-200k 52%
income 200k-plus 22%
single family 84%
multi-family 16%
rented 27%
owned 73%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2018-2022 5-year American Community Survey and Special Tabulation data.
2 23,969
-123
-0.51%
25%
54%
3%
14%
15,896
20%
65%
3%
12%
15,097
21%
19%
6%
1%
68%
4%
8,723
17%
15%
4%
1%
74%
4%
12,708
18%
17%
5%
1%
73%
2%
23,869
32%
51%
17%
11%
72%
79%
10%
8%
4%
5%
50%
26%
18%
44%
64%
6%
9%
10%
52%
23%
90%
10%
26%
74%
3 23,602
-490
-2.03%
36%
48%
3%
8%
15,716
30%
61%
3%
5%
13,369
30%
27%
3%
1%
64%
2%
6,531
23%
20%
2%
1%
72%
2%
10,748
25%
24%
2%
1%
69%
3%
23,149
27%
52%
21%
11%
43%
75%
18%
5%
2%
9%
62%
17%
8%
30%
59%
14%
27%
20%
34%
5%
65%
35%
50%
50%
4 24,566
474
1.97%
27%
44%
3%
22%
15,873
28%
49%
4%
18%
15,591
27%
24%
8%
2%
58%
4%
8,201
23%
21%
6%
2%
65%
5%
12,304
23%
22%
7%
2%
67%
2%
25,698
33%
50%
17%
15%
62%
76%
10%
9%
5%
6%
54%
24%
14%
49%
64%
4%
9%
10%
58%
20%
99%
1%
12%
88%
5 25,018
926
3.84%
40%
39%
4%
12%
17,273
38%
45%
5%
12%
13,259
34%
31%
4%
1%
56%
5%
6,010
27%
24%
3%
1%
64%
5%
10,578
31%
28%
4%
1%
62%
4%
25,452
30%
54%
17%
10%
64%
76%
17%
6%
2%
7%
65%
18%
7%
39%
61%
16%
16%
19%
40%
9%
66%
34%
47%
53%
Total
120,461
1,712
7.11%
31%
48%
3%
14%
79,591
28%
56%
4%
12%
72,655
26%
23%
6%
1%
63%
4%
38,468
20%
18%
4%
1%
70%
4%
59,718
22%
21%
5%
1%
70%
3%
120,514
31%
51%
18%
12%
62%
76%
13%
7%
4%
7%
56%
22%
13%
40%
62%
9%
15%
14%
46%
15%
80%
20%
34%
66%
01/12/2025 11:54 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
24 AGENDA ITEM NO. 3.
3 5
4 1
2 Gettysburg
ES
Red Bank ES
Cox ES
Dry Creek
ES
Clovis High
Jefferson
ES
Gateway ES
Oraze ES
Weldon ES
Tarpey ES
Buchanan
High
Garfield ES
Alta Sierra
MS
Heliport
FS
FS
FS
FS
Tollhouse
Rd
W
Shaw
Av
e
Temperance Ave
E Bullard Ave
W Sierra Ave
N Villa Ave
N Locan Ave
Sunnyside Ave
W Herndon Ave
E Alluvial Ave
Armstrong Ave
E Ashlan Ave
N Peach Ave
W
Barstow
Ave
W
G
ettysburg Ave
Clovis Ave
N Fowler Ave
Bernad
ine D
r
Willow Ave
E Shepherd Ave
N
ees
Ave
E Teague Ave
N Marion Ave
N Locan Ave
N Leonard Ave
N De Wolf Ave
N Highland Ave
National Demographics Corporation, February 24, 2025
Unpopulated, non-contiguous
area to the north is in District 1.
Clovis 2025
Districting
©2021 CALIPER
25 AGENDA ITEM NO. 3.
502
District 1
Total Pop 24,353
Deviation from ideal 261
% Deviation 1.08%
% Hisp 24.0%
% NH White 55%
% NH Black 3%
% Asian-American 14%
Total 16,488
% Hisp 21%
% NH White 64%
% NH Black 3%
% Asian/Pac.Isl. 13%
Total 15,645
% Latino est. 20%
% Spanish-Surnamed 18%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 69%
% NH Black 3%
Total 9,149
% Latino est. 16%
% Spanish-Surnamed 15%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 74%
% NH Black 4%
Total 13,077
% Latino est. 17%
% Spanish-Surnamed 16%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 75%
% NH Black est. 2%
ACS Pop. Est. Total 24,901
age0-19 33%
age20-60 51%
age60plus 16%
immigrants 12%
naturalized 72%
english 79%
spanish 10%
asian-lang 8%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well" 6%
hs-grad 49%
bachelor 28%
graduatedegree 19%
Child in Household child-under18 46%
Pct of Pop. Age 16+ employed 63%
income 0-25k 5%
income 25-50k 6%
income 50-75k 9%
income 75-200k 56%
income 200k-plus 24%
single family 92%
multi-family 8%
rented 23%
owned 77%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2018-2022 5-year American Community Survey and Special Tabulation data.
2 24,021
-71
-0.29%
24%
56%
3%
13%
15,322
23%
61%
5%
10%
15,194
21%
19%
6%
1%
67%
5%
8,661
16%
14%
4%
1%
73%
5%
13,179
17%
16%
5%
1%
74%
3%
22,480
29%
49%
23%
13%
65%
76%
12%
6%
6%
7%
51%
25%
17%
36%
60%
9%
14%
12%
46%
20%
79%
21%
33%
67%
3 23,139
-953
-3.96%
44%
37%
4%
10%
15,055
40%
46%
5%
9%
10,901
37%
33%
3%
1%
55%
4%
4,453
28%
26%
3%
1%
63%
5%
8,379
34%
31%
2%
1%
59%
5%
23,676
32%
53%
15%
11%
47%
72%
22%
5%
2%
9%
69%
13%
5%
36%
61%
20%
24%
23%
30%
4%
50%
50%
66%
34%
4 24,566
474
1.97%
27%
44%
3%
22%
15,873
28%
49%
4%
18%
15,591
27%
24%
8%
2%
58%
4%
8,201
23%
21%
6%
2%
65%
5%
12,304
23%
22%
7%
2%
67%
2%
25,698
33%
50%
17%
15%
62%
76%
10%
9%
5%
6%
54%
24%
14%
49%
64%
4%
9%
10%
58%
20%
99%
1%
12%
88%
5 24,382
290
1.20%
34%
49%
2%
11%
16,853
29%
58%
3%
9%
15,324
28%
26%
4%
1%
64%
3%
8,004
23%
20%
3%
1%
70%
3%
12,779
24%
23%
3%
1%
69%
3%
23,759
27%
51%
22%
11%
63%
79%
12%
5%
3%
7%
58%
21%
10%
34%
61%
8%
18%
17%
46%
12%
84%
16%
29%
71%
Total
120,461
1,427
5.92%
31%
48%
3%
14%
79,591
28%
56%
4%
12%
72,655
26%
23%
6%
1%
63%
4%
38,468
20%
18%
4%
1%
70%
4%
59,718
22%
21%
5%
1%
70%
3%
120,514
31%
51%
18%
12%
62%
76%
13%
7%
4%
7%
56%
22%
13%
40%
62%
9%
15%
14%
46%
15%
80%
20%
34%
66%
01/12/2025 11:54 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
26 AGENDA ITEM NO. 3.
3 5
4 1
2 Gettysburg
ES
Red Bank ES
Cox ES
Dry Creek
ES
Clovis High
Jefferson
ES
Gateway ES
Oraze ES
Weldon ES
Tarpey ES
Buchanan
High
Garfield ES
Alta Sierra
MS
Heliport
FS
FS
FS
FS
Tollhouse
Rd
W
Shaw
Av
e
Temperance Ave
E Bullard Ave
W Sierra Ave
N Villa Ave
N Locan Ave
Sunnyside Ave
W Herndon Ave
E Alluvial Ave
Armstrong Ave
E Ashlan Ave
N Peach Ave
W
Barstow
Ave
W
G
ettysburg Ave
Clovis Ave
N Fowler Ave
Bernad
ine D
r
Willow Ave
E Shepherd Ave
N
ees
Ave
E Teague Ave
N Marion Ave
N Locan Ave
N Leonard Ave
N De Wolf Ave
N Highland Ave
National Demographics Corporation, February 24, 2025
Unpopulated, non-contiguous
area to the north is in District 1.
Clovis 2025
Districting
©2021 CALIPER
27 AGENDA ITEM NO. 3.
503
District 1
Total Pop 23,847
Deviation from ideal -245
% Deviation -1.02%
% Hisp 23.7%
% NH White 55%
% NH Black 3%
% Asian-American 15%
Total 16,118
% Hisp 20%
% NH White 64%
% NH Black 3%
% Asian/Pac.Isl. 12%
Total 15,261
% Latino est. 20%
% Spanish-Surnamed 18%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 69%
% NH Black 3%
Total 8,934
% Latino est. 16%
% Spanish-Surnamed 15%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 74%
% NH Black 4%
Total 12,782
% Latino est. 17%
% Spanish-Surnamed 16%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 75%
% NH Black est. 2%
ACS Pop. Est. Total 24,295
age0-19 33%
age20-60 51%
age60plus 16%
immigrants 12%
naturalized 72%
english 79%
spanish 10%
asian-lang 8%
other lang 3%
Language Fluency Speaks Eng. "Less than Very Well" 6%
hs-grad 49%
bachelor 28%
graduatedegree 19%
Child in Household child-under18 46%
Pct of Pop. Age 16+ employed 64%
income 0-25k 5%
income 25-50k 6%
income 50-75k 9%
income 75-200k 56%
income 200k-plus 24%
single family 93%
multi-family 7%
rented 22%
owned 78%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2018-2022 5-year American Community Survey and Special Tabulation data.
2 24,899
807
3.35%
25%
55%
3%
13%
15,993
22%
62%
5%
10%
15,490
22%
19%
6%
1%
67%
5%
8,659
16%
15%
4%
1%
73%
5%
13,260
18%
17%
5%
1%
73%
3%
23,595
29%
49%
23%
13%
64%
76%
12%
5%
6%
6%
53%
23%
16%
36%
59%
11%
15%
13%
43%
18%
75%
25%
36%
64%
3 23,595
-497
-2.06%
43%
37%
4%
11%
15,218
40%
45%
4%
11%
11,549
37%
33%
3%
1%
54%
4%
4,756
30%
27%
3%
1%
62%
4%
8,962
34%
31%
3%
1%
60%
3%
22,379
29%
56%
16%
11%
53%
73%
19%
6%
2%
8%
70%
14%
5%
36%
61%
18%
17%
23%
38%
3%
61%
39%
56%
44%
4 24,086
-6
-0.02%
27%
45%
3%
21%
16,462
27%
51%
5%
17%
15,661
26%
24%
8%
2%
59%
5%
8,420
22%
20%
5%
2%
65%
6%
12,443
22%
21%
7%
2%
67%
2%
26,045
33%
49%
18%
15%
62%
78%
9%
8%
5%
5%
52%
26%
15%
47%
63%
4%
10%
9%
55%
21%
99%
1%
12%
88%
5 24,034
-58
-0.24%
33%
49%
2%
11%
15,800
33%
56%
3%
8%
14,694
27%
25%
4%
1%
64%
2%
7,698
21%
19%
3%
1%
71%
3%
12,271
24%
23%
3%
1%
69%
3%
24,200
31%
50%
20%
12%
59%
75%
16%
6%
3%
9%
59%
20%
9%
36%
62%
8%
23%
17%
41%
11%
75%
25%
39%
61%
Total
120,461
1,304
5.41%
31%
48%
3%
14%
79,591
28%
56%
4%
12%
72,655
26%
23%
6%
1%
63%
4%
38,468
20%
18%
4%
1%
70%
4%
59,718
22%
21%
5%
1%
70%
3%
120,514
31%
51%
18%
12%
62%
76%
13%
7%
4%
7%
56%
22%
13%
40%
62%
9%
15%
14%
46%
15%
80%
20%
34%
66%
01/12/2025 11:55 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
28 AGENDA ITEM NO. 3.
5 4
2 3
1 Gettysburg
ES
Red Bank ES
Cox ES
Dry Creek
ES
Clovis High
Jefferson
ES
Gateway ES
Oraze ES
Weldon ES
Tarpey ES
Buchanan
High
Garfield ES
Alta Sierra
MS
Heliport
FS
FS
FS
FS
Tollhouse
Rd
W
Shaw
Av
e
Temperance Ave
E Bullard Ave
W Sierra Ave
N Villa Ave
N Locan Ave
Sunnyside Ave
W Herndon Ave
E Alluvial Ave
Armstrong Ave
E Ashlan Ave
N Peach Ave
W
Barstow
Ave
W
G
ettysburg Ave
Clovis Ave
N Fowler Ave
Bernad
ine D
r
Willow Ave
E Shepherd Ave
N
ees
Ave
E Teague Ave
N Marion Ave
N Locan Ave
N Leonard Ave
N Highland Ave
National Demographics Corporation, February 24, 2025
Unpopulated, non-contiguous
area to the north is in District 1.
Clovis 2025
Districting
©2021 CALIPER
NEW
29 AGENDA ITEM NO. 3.
506
District 1
Total Pop 23,400
Deviation from ideal -692
% Deviation -2.87%
% Hisp 22.6%
% NH White 57%
% NH Black 3%
% Asian-American 14%
Total 14,996
% Hisp 23%
% NH White 60%
% NH Black 4%
% Asian/Pac.Isl. 12%
Total 15,473
% Latino est. 19%
% Spanish-Surnamed 17%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 68%
% NH Black 5%
Total 9,087
% Latino est. 15%
% Spanish-Surnamed 14%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 74%
% NH Black 5%
Total 13,506
% Latino est. 16%
% Spanish-Surnamed 15%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 74%
% NH Black est. 3%
ACS Pop. Est. Total 22,602
age0-19 31%
age20-60 48%
age60plus 21%
immigrants 14%
naturalized 68%
english 75%
spanish 12%
asian-lang 6%
other lang 7%
Language Fluency Speaks Eng. "Less than Very Well" 7%
hs-grad 49%
bachelor 27%
graduatedegree 18%
Child in Household child-under18 41%
Pct of Pop. Age 16+ employed 60%
income 0-25k 6%
income 25-50k 8%
income 50-75k 11%
income 75-200k 52%
income 200k-plus 22%
single family 85%
multi-family 15%
rented 27%
owned 73%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2018-2022 5-year American Community Survey and Special Tabulation data.
2 23,935
-157
-0.65%
27%
44%
3%
21%
15,711
28%
50%
4%
18%
15,330
26%
24%
8%
2%
58%
4%
8,129
23%
21%
5%
2%
65%
5%
12,123
23%
22%
7%
2%
67%
2%
25,332
34%
49%
18%
16%
63%
76%
10%
9%
5%
6%
53%
25%
14%
49%
64%
4%
9%
10%
57%
21%
100%
0%
10%
90%
3 24,482
390
1.62%
24%
55%
3%
14%
16,190
18%
68%
3%
12%
15,639
21%
19%
6%
1%
69%
3%
9,091
17%
15%
5%
1%
74%
3%
13,107
18%
16%
6%
1%
74%
2%
23,944
32%
52%
17%
10%
73%
82%
7%
8%
3%
5%
50%
27%
19%
44%
63%
5%
7%
10%
54%
25%
92%
8%
21%
79%
4 24,885
793
3.29%
35%
48%
2%
10%
17,105
34%
55%
3%
9%
15,262
30%
27%
3%
1%
63%
3%
7,726
23%
21%
3%
1%
70%
3%
12,669
25%
23%
3%
1%
69%
3%
25,109
28%
51%
21%
11%
55%
75%
16%
6%
2%
9%
59%
19%
9%
33%
63%
8%
22%
17%
43%
9%
81%
19%
37%
63%
5 23,759
-333
-1.38%
44%
37%
4%
10%
15,588
38%
47%
5%
9%
10,951
36%
33%
3%
1%
55%
5%
4,434
28%
25%
3%
1%
63%
5%
8,313
34%
31%
2%
1%
60%
5%
23,527
30%
54%
16%
11%
50%
74%
20%
4%
2%
8%
69%
13%
5%
36%
59%
21%
23%
22%
30%
3%
49%
51%
65%
35%
Total
120,461
1,485
6.16%
31%
48%
3%
14%
79,591
28%
56%
4%
12%
72,655
26%
23%
6%
1%
63%
4%
38,468
20%
18%
4%
1%
70%
4%
59,718
22%
21%
5%
1%
70%
3%
120,514
31%
51%
18%
12%
62%
76%
13%
7%
4%
7%
56%
22%
13%
40%
62%
9%
15%
14%
46%
15%
80%
20%
34%
66%
02/23/2025 11:01 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
30 AGENDA ITEM NO. 3.
5 4
2 3
1 Gettysburg
ES
Red Bank ES
Cox ES
Dry Creek
ES
Clovis High
Jefferson
ES
Gateway ES
Oraze ES
Weldon ES
Tarpey ES
Buchanan
High
Garfield ES
Alta Sierra
MS
Heliport
FS
FS
FS
FS
Tollhouse
Rd
W
Shaw
Av
e
Temperance Ave
E Bullard Ave
W Sierra Ave
N Villa Ave
N Locan Ave
Sunnyside Ave
W Herndon Ave
E Alluvial Ave
Armstrong Ave
E Ashlan Ave
N Peach Ave
W
Barstow
Ave
W
G
ettysburg Ave
Clovis Ave
N Fowler Ave
Bernad
ine D
r
Willow Ave
E Shepherd Ave
N
ees
Ave
E Teague Ave
N Marion Ave
N Locan Ave
N Leonard Ave
N De Wolf Ave
N Highland Ave
National Demographics Corporation, February 24, 2025
Unpopulated, non-contiguous
area to the north is in District 1.
Clovis 2025
Districting
©2021 CALIPER
NEW
31 AGENDA ITEM NO. 3.
507
District 1
Total Pop 23,783
Deviation from ideal -309
% Deviation -1.28%
% Hisp 23.4%
% NH White 57%
% NH Black 3%
% Asian-American 13%
Total 15,312
% Hisp 24%
% NH White 62%
% NH Black 4%
% Asian/Pac.Isl. 10%
Total 15,314
% Latino est. 21%
% Spanish-Surnamed 19%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 68%
% NH Black 4%
Total 8,760
% Latino est. 16%
% Spanish-Surnamed 15%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 73%
% NH Black 5%
Total 13,489
% Latino est. 17%
% Spanish-Surnamed 16%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 74%
% NH Black est. 3%
ACS Pop. Est. Total 22,767
age0-19 29%
age20-60 49%
age60plus 22%
immigrants 13%
naturalized 63%
english 76%
spanish 11%
asian-lang 7%
other lang 6%
Language Fluency Speaks Eng. "Less than Very Well" 7%
hs-grad 50%
bachelor 25%
graduatedegree 16%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 62%
income 0-25k 7%
income 25-50k 15%
income 50-75k 11%
income 75-200k 47%
income 200k-plus 20%
single family 81%
multi-family 19%
rented 32%
owned 68%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2018-2022 5-year American Community Survey and Special Tabulation data.
2 23,634
-458
-1.90%
27%
45%
3%
21%
15,544
27%
52%
4%
17%
15,154
26%
24%
8%
2%
58%
5%
8,095
23%
21%
5%
2%
65%
5%
12,069
23%
22%
7%
2%
67%
2%
25,286
34%
48%
18%
15%
62%
77%
10%
8%
5%
5%
52%
26%
14%
49%
63%
4%
8%
10%
56%
21%
100%
0%
10%
90%
3 23,947
-145
-0.60%
24%
52%
3%
17%
16,037
22%
61%
3%
14%
15,109
20%
18%
7%
1%
68%
3%
8,761
17%
15%
5%
1%
74%
3%
12,602
18%
16%
6%
1%
73%
2%
24,726
34%
51%
15%
13%
73%
78%
9%
9%
4%
6%
49%
29%
18%
49%
62%
5%
6%
9%
55%
25%
92%
8%
24%
76%
4 24,910
818
3.40%
33%
50%
2%
10%
16,751
29%
59%
3%
9%
15,814
28%
25%
4%
1%
65%
3%
8,300
22%
20%
3%
1%
71%
3%
13,084
24%
22%
3%
1%
71%
2%
23,310
26%
52%
22%
10%
61%
78%
14%
5%
3%
8%
60%
19%
11%
32%
62%
8%
17%
16%
49%
10%
85%
15%
28%
72%
5 24,187
95 0.39%
44%
37%
4%
10%
15,947
39%
46%
5%
9%
11,264
37%
33%
3%
1%
54%
5%
4,551
29%
26%
3%
1%
62%
5%
8,474
34%
32%
2%
1%
59%
5%
24,425
30%
54%
16%
11%
49%
72%
23%
4%
2%
8%
70%
13%
5%
35%
59%
21%
24%
23%
29%
3%
50%
50%
65%
35%
Total
120,461
1,276
5.30%
31%
48%
3%
14%
79,591
28%
56%
4%
12%
72,655
26%
23%
6%
1%
63%
4%
38,468
20%
18%
4%
1%
70%
4%
59,718
22%
21%
5%
1%
70%
3%
120,514
31%
51%
18%
12%
62%
76%
13%
7%
4%
7%
56%
22%
13%
40%
62%
9%
15%
14%
46%
15%
80%
20%
34%
66%
02/23/2025 11:03 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
32 AGENDA ITEM NO. 3.
5 3
4 2
1 Gettysburg
ES
Red Bank ES
Cox ES
Dry Creek
ES
Clovis High
Jefferson
ES
Gateway ES
Oraze ES
Weldon ES
Tarpey ES
Buchanan
High
Garfield ES
Alta Sierra
MS
Heliport
FS
FS
FS
FS
Tollhouse
Rd
W
Shaw
Av
e
Temperance Ave
E Bullard Ave
W Sierra Ave
N Villa Ave
N Locan Ave
Sunnyside Ave
W Herndon Ave
E Alluvial Ave
Armstrong Ave
E Ashlan Ave
N Peach Ave
W
Barstow
Ave
W
G
ettysburg Ave
Clovis Ave
N Fowler Ave
Bernad
ine D
r
Willow Ave
E Shepherd Ave
N
ees
Ave
E Teague Ave
N Marion Ave
N Locan Ave
N Leonard Ave
N De Wolf Ave
N Highland Ave
National Demographics Corporation, February 24, 2025
Unpopulated, non-contiguous
area to the north is in District 1.
Clovis 2025
Districting
©2021 CALIPER
NEW
33 AGENDA ITEM NO. 3.
508
District 1
Total Pop 23,872
Deviation from ideal -220
% Deviation -0.91%
% Hisp 25.0%
% NH White 55%
% NH Black 3%
% Asian-American 13%
Total 15,392
% Hisp 23%
% NH White 62%
% NH Black 5%
% Asian/Pac.Isl. 10%
Total 14,727
% Latino est. 21%
% Spanish-Surnamed 19%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 67%
% NH Black 5%
Total 8,360
% Latino est. 16%
% Spanish-Surnamed 14%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 73%
% NH Black 6%
Total 12,643
% Latino est. 17%
% Spanish-Surnamed 16%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 73%
% NH Black est. 3%
ACS Pop. Est. Total 22,876
age0-19 29%
age20-60 49%
age60plus 21%
immigrants 13%
naturalized 64%
english 77%
spanish 11%
asian-lang 5%
other lang 6%
Language Fluency Speaks Eng. "Less than Very Well" 6%
hs-grad 53%
bachelor 24%
graduatedegree 17%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 60%
income 0-25k 10%
income 25-50k 17%
income 50-75k 13%
income 75-200k 41%
income 200k-plus 18%
single family 70%
multi-family 30%
rented 40%
owned 60%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2018-2022 5-year American Community Survey and Special Tabulation data.
2 24,849
757
3.14%
27%
45%
3%
21%
16,693
27%
52%
4%
18%
15,994
26%
24%
8%
2%
59%
5%
8,598
23%
20%
5%
2%
65%
5%
12,781
23%
21%
7%
2%
67%
2%
26,739
34%
48%
18%
15%
63%
77%
9%
8%
5%
5%
52%
26%
14%
48%
63%
4%
9%
10%
56%
21%
99%
1%
11%
89%
3 23,473
-619
-2.57%
25%
54%
3%
14%
14,766
20%
64%
4%
12%
15,027
22%
20%
6%
1%
68%
3%
8,606
18%
16%
4%
1%
73%
3%
12,714
19%
18%
5%
1%
73%
2%
21,633
30%
52%
18%
10%
76%
81%
8%
8%
3%
5%
54%
24%
16%
41%
65%
5%
8%
11%
56%
20%
96%
4%
17%
83%
4 23,888
-204
-0.85%
33%
49%
2%
11%
16,406
31%
59%
2%
9%
14,478
26%
23%
5%
1%
66%
3%
7,721
19%
17%
3%
1%
73%
3%
11,934
23%
21%
4%
1%
71%
2%
25,191
31%
51%
18%
13%
52%
74%
17%
7%
3%
10%
54%
23%
11%
38%
62%
7%
20%
17%
43%
14%
76%
24%
43%
57%
5 24,379
287
1.19%
42%
39%
4%
11%
16,335
39%
46%
4%
10%
12,429
36%
33%
3%
1%
55%
4%
5,183
29%
26%
3%
1%
63%
4%
9,646
32%
30%
3%
1%
62%
3%
24,075
29%
54%
17%
10%
58%
74%
20%
5%
1%
8%
69%
13%
5%
37%
60%
19%
17%
21%
38%
5%
64%
36%
51%
49%
Total
120,461
1,376
5.71%
31%
48%
3%
14%
79,591
28%
56%
4%
12%
72,655
26%
23%
6%
1%
63%
4%
38,468
20%
18%
4%
1%
70%
4%
59,718
22%
21%
5%
1%
70%
3%
120,514
31%
51%
18%
12%
62%
76%
13%
7%
4%
7%
56%
22%
13%
40%
62%
9%
15%
14%
46%
15%
80%
20%
34%
66%
02/23/2025 11:04 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2022)
Voter Turnout
(Nov 2022)
Voter Turnout
(Nov 2020)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
34 AGENDA ITEM NO. 3.
Attachment 4
City of Clovis
1033 Fifth Street
Clovis, CA 93612
**PLEASE POST**
NOTICE OF PUBLIC HEARING
The City of Clovis will hold a public hearing on March 4, 2025, to gather public input on “draft” election district maps.
The City Council of the City of Clovis is currently elected under an “at -large” election system, where Council members are elected by voters of the entire City. On October 7, 2024 , the Council approved beginning the process to establish district-based elections beginning in 2026 in response to a threat of litigation related to the City’s current at -large election system. In a district-based election system, each Council member must reside within the designated election district boundary and is elected only by the voters in that district. The Council has published “draft” district maps for the City Council’s and public’s consideration. The maps are available for viewing at the City’s website:
https://cityofclovis.com/government/city-clerk/districts/.
On March 4, 2025, in accordance with Elections Code section 10010, the City Council will hold its fifth and final required public hearing to gather public input on the “draft” election district maps, select a final district map, and determine election sequencing for that map. City Council will also introduce an ordinance for the adoption of by-district elections in the City.
The public hearing is scheduled as follows:
DATE TIME LOCATION
Tuesday,
March 4, 2025
6:05 p.m. or as
soon thereafter as
possible
City of Clovis
Council Chamber
1033 Fifth Street
Clovis, CA 93612
The public is invited to participate and make comments during the public hearing. If you have any questions regarding this public hearing, please contact Briana Parra, City Clerk , at 559-324-2060 or [email protected].
35 AGENDA ITEM NO. 3.
Attachment 5
ORDINANCE 25-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS
ADDING CHAPTER 1.10 TO TITLE 1 OF THE CITY OF CLOVIS MUNICIPAL
CODE ESTABLISHING BY-DISTRICT ELECTIONS FOR FIVE COUNCIL
MEMBERS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING THE
ORDER OF ELECTION FOR EACH DISTRICT
WHEREAS, the City of Clovis (“City”) currently elects the members of the City Council using an “at-large” system of elections, whereby electors from the entire City vote to elect each member of the City Council; and
WHEREAS, under the California Voting Rights Act (“CVRA”), at -large elections are permissible unless they result in racially polarized voting, defined as “voting in which there is a difference…in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate,” and further cause dilution of a protected class’s votes to a degree that it is denied the potential to elect its preferred candidate or influence the outcome of an election; and
WHEREAS, despite the City’s lawful use of at -large election system, on August 26, 2024, the City received a letter from the Southwest Voter Registration Education Project alleging violations of the CVRA, and demanding that the City transition to district -based elections where Council members are elected by only the voters residing within the election district in which the candidate resides (“CVRA Letter”); and
WHEREAS, while the Council strongly disagrees with the claims in the CVRA Letter and does not believe that the at-large elections in the City have resulted in racially polarized voting or diluted the votes of any protected class, it recognizes that defending against a legal challenge to the City’s election system would be prohibitively costly and would not be in the best interest of the City or its residents; and
WHEREAS, to avoid the unreasonable time and expense of litigation, at a regular meeting on October 7, 2024, the Council adopted Resolution 24 -110, declaring its intent to transition from an “at -large” elections system to a district -based elections system beginning with the November 2026 City Council Election, with an estimated timeframe for doing so; and
WHEREAS, the City thereafter engaged an expert demographic firm to assist the City with the process of analyzing the City’s population, developing draft maps, and gathering input from residents on the possible maps; and
WHEREAS, in accordance with the requirements of Elections Code section 10010, the City Council held two (2) duly noticed public hearings prior to the drawing of draft maps of proposed boundaries of election districts on November 18, 2024, and December 16, 2024 , respectively. During these meetings, City Council solicited public input regarding the composition of the district maps to provide to the demographer retained by City Council for use in drafting the proposed district maps and encouraged the public to submit draft maps using various map -drawing tools made available to the public on the City’s dedicated districting webpage on the City’s website (https://cityofclovis.com/government/city-clerk/districts/); and 36 AGENDA ITEM NO. 3.
2 WHEREAS, at the December 16, 2024, public hearing, the City Council directed the demographer and staff to utilize efforts to encourage and increase community engagement and participation and to solicit the submission of more draft district maps by members of the public using the various map-drawing tools made available by the City; and
WHEREAS, in accordance with Elections Code section 21130(b)(1), on December 16, 2024, the City posted on its districting web page a report disclosing that it is not possible to create an election district or districts in which a minority group is sufficiently large and geographically compact to constitute a majority single -member district, as set forth in Thornburg v. Gingles (1986) 478 U.S. 30; and
WHEREAS, in accordance with Elections Code section 10010, and based on direction the City Council provided during the December 16, 2024, public hearing, on January 14, 2025, the City posted on the its dedicated districting webpage nine (9) draft district maps (two (2) of which were submitted by members of the public), comprising five (5) maps for a four (4) district election system with an at-large elected mayor, and four (4) maps for a five (5) district election system, with proposed election sequencing for each map; and
WHEREAS, in accordance with the requirements of Elections Code section 10010 and following the drawing and publication of draft district maps, the City Council held a third duly noticed public hearing on January 21, 2025, during which the City Council solicited public input regarding the composition of the draft district maps and the proposed sequence of elections and directed staff to proceed with only draft maps for a five (5) district election system, thereby abandoning the option for an at-large elected mayor; and
WHEREAS, in accordance with Elections Code section 10010, on February 4, 2025, the City posted on its dedicated districting webpage one (1) additional draft map for five (5) election districts that was submitted by a member of the public; and
WHEREAS, in accordance with the requirements of Elections Code section 10010, the City Council held a fourth duly noticed public hearing on February 11, 2025, during which it considered a total of five (5) draft maps for a five (5) district election system and solicited public input regarding the composition of the draft maps and the proposed sequence of elections; and
WHEREAS, in accordance with Elections Code section 10010, on February 25, 2025, the City posted on its dedicated districting webpage three (3) additional draft maps for five (5) election districts, which were submitted by a member of the public for consideration by Council; and
WHEREAS, in accordance with Elections Code section 10010, on March 4, 2025, at a fifth duly noticed public hearing, and based upon public input and after deliberation and consideration of all draft district maps and proposed sequence of elections, City Council formally selected Map ____, which was developed in accordance with and in compliance with the criteria for election district boundaries set forth in Elections Code 21130(c) . During that same public hearing, City Council chose the sequence of elections associated with Map _____; and
WHEREAS, throughout the public hearing process related to the City’s transition from an at-large to a district -based election system, the City engaged in a significant amount of public outreach and engagement , including an extensive public awareness campaign 37 AGENDA ITEM NO. 3.
3 comprising news releases, social medial posts, multiple news interviews, flyers, community feedback forms, a community map drawing workshop, consistent updates to the City’s districting webpage, and other public outreach efforts; and
WHEREAS, pursuant to Government Code section 34866 and in furtherance of the California Voting Rights Act of 2001 (Elec. Code, § 14025, et seq.) (“CVRA”) and Section 7 of Article I and Section 2 of Article II of the California Constitution, the City Council is authorized and desires to adopt an ordinance changing the method of election from an “at large” to a “by- district” system of elections; and
WHEREAS, the City Council held a duly noticed public hearing on March 4, 2025, in which the City Council voted to introduce for a first reading and approval of this Ordinance to establish by-district elections in five (5) single-member districts, as reflected in Exhibit A to this Ordinance; and
WHEREAS, the City Council now desires to adopt this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLOVIS DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 1 General Provisions, Chapter 1.10 City Council Elections, is added to the City of Clovis Municipal Code to read as follows:
Section 1.10.01 – By-District Elections of Council Members.
Pursuant to Government Code section 34886, all five (5) members of the City Council of the City of Clovis shall be elected by-district in separate single-member districts.
1. Members of City Council shall be elected in the electoral districts established by Section 1.10.02 of this Chapter, as may be subsequently reapportioned as provided by State law. Elections shall take place “by - district” as that term is defined in Californ ia Government Code section 34871, meaning one Member of the City Council shall be elected from each district, by the voters of that district alone.
2. Except as provided in subdivision (3) of this section, the Council Member elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to Cal ifornia Government Code section 34882 and Elections Code section 10227.
Termination of residency in a district by a Council Member shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency.
3. Notwithstanding any other provision of this section, the Members of the City Council in office at the time the Ordinance codified in this chapter takes effect shall continue in office until the expiration of the full term to 38 AGENDA ITEM NO. 3.
4 which he or she was elected and until his or her successor is qualified. At the end of the term of each Council Member that Member’s successor shall be elected on a by-district basis in the districts established in Section
1.10.02. Section 1.10.02 – City Council Districts and District Elections.
All five (5) Council members shall be elected on a “by -district” basis from the Council districts shown and numbered on the map titled “City of Clovis District Map”, attached hereto as Exhibit A and incorporated herein, a copy of which shall be on file in the City Clerk’s office. In 2026, and every four (4) years thereafter, the following three (3) City Council districts shall be elected by-district at the general municipal elections: District ___, District ___, and District ____. In 2028, and every four (4) years thereafter, the following two (2) City Council districts shall be elected by-district at the general municipal election: District ___ and District ___.
Section 1.10.03 – Adjustment of District Boundaries.
Pursuant to Elections Code section 21601, as it may be amended from time to time, the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.
Section 1.10.04 – Vacancies
Any mid-term Council seat vacancy in a district shall be filled in accordance with State Law, only by an eligible resident of the district.
SECTION 2. This Ordinance shall be in full force and effect from and after thirty (30) days following its adoption in accordance with law.
SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Clovis hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact any one or more sections, subsections, clauses or phrases be declared invalid
SECTION 4. The City Clerk is further directed to cause this ordinance or a summary of this ordinance, subject to the requirements required by law, to be published once in a newspaper of general circulation published and circulated within the City of Clovis, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted.
39 AGENDA ITEM NO. 3.
5 APPROVED: March 4, 2025
______________________________ ______________________________ Mayor City Clerk
* * * * * * * * * *
The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on March 4, 2025, and was adopted at a regular meeting of said Council held on __________, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
___________________________________
City Clerk
40 AGENDA ITEM NO. 3.
PRELIMINARY - SUBJECT TO APPROVAL
CLOVIS CITY COUNCIL MEETING
February 18, 2025 6:00 P.M. Council Chamber
Meeting called to order by Mayor Mouanoutoua at 6:00
Flag Salute led by Councilmember Ashbeck
Roll Call: Present: Councilmembers Ashbeck, Basgall, Bessinger, Pearce Mayor Mouanoutoua
PUBLIC COMMENTS – 6:00
Mike Karbassi, Council President for the City of Fresno, recognized Clovis City Clerk Briana Parra for her service in the City of Fresno and presented her with a proclamation.
Eric Rollins, resident, advocated for Clovis to declare itself a non-sanctuary city, arguing that state immigration policies are unconstitutional and endanger public safety.
Patty, resident, expressed strong support on making Clovis a non -sanctuary city, listing various conservative groups backing the position.
Bill Scott, resident, opposes sanctuary laws, argues for legal immigration.
Steven Trevino, resident, expressed his disapproval on arresting immigrants and discusses his personal connection to American identity, and suggested the city consider allowing chickens for residents.
Mayor Mouanoutoua acknowledged for the record that one written public comment had been received from Harold Mitchell regarding the sanctuary cities issue.
CONSENT CALENDAR – 6:19
Upon call, there was no public comment.
Motion by Councilmember Ashbeck, seconded by Councilmember Basgall, that the items on t he Consent Calendar be approved, except item 4. Motion carried by unanimous vote.
1. Administration - Approval - Minutes from the February 11, 2025, Council Meeting.
2. General Services – Approval - Claim Rejection of the General Liability Claims on behalf of William Lazo and Ana Lazo.
3. Planning and Development Services - Approval – Authorize the City Manager to enter into a Project Specific Agreement for the reconstruction of Gettysburg Avenue, from Clovis Avenue to Sierra Vista Parkway, with the County of Fresno.
41 AGENDA ITEM NO. 4.
PRELIMINARY - SUBJECT TO APPROVAL
THE FOLLOWING ITEMS WERE PULLED FROM THE CONSENT CALENDAR FOR FURTHER DISCUSSION:
6:20 ITEM 4. Public Utilities – Approval – Award Consulting Services Contract to AECOM Technical Services, Inc. to Develop a Zero-Emission Vehicle Transition Plan in the Amount of $121,349; Authorize the City Manager to Execute the Contract on Behalf of the City; and Approval – Res. 25-15, Amending the 2024 -2025 Fleet Budget to Allocate Funds for the Project.
Evan Edgar, an Engineering Consultant for fleet transition plans, addressed the challenges faced by the public sector due to the increasing costs and limitations of transitioning to electric fleets, particularly in the refu se industry, and highlighted the potential for privatization as a solution to avoid significant financial burdens.
Councilmember Bessinger pulled this item for discussion to highlight concerns about the high cost and limited practicality of transitioning to electric solid waste vehicles.
Motion for approval by Councilmember Ashbeck, seconded by Councilmember Bessinger. Motion carried by unanimous vote.
ADMINISTRATIVE ITEMS – 6:29
6:29 ITEM 5 - Consider Approval – Award Recycling and Organic Material Collection, Processing, and Marketing Services Agreement to Mid Valley Disposal; and Authorize the City Manager to Execute the Agreement on Behalf of the City (Continued from the February 11, 2025, meeting).
Ashlee Cawley, Municipal Manager for Republic Services in Clovis , clarified that Republic Services is open to negotiating and extending or reissuing the RFP, and emphasized a desire to discuss rates and adjustments for the city's needs.
Steven Trevino, resident, expressed his preference to keep the current company, Republic Services, due to their established routes and familiarity, despite potential cost increases.
Mark, resident, emphasized the need for collaboration to address escalating costs due to regulatory changes
Even Edgar, an Engineering Consultant for fleet transition plans, discussed the challenges in fleet transition plans, zero waste, and the privatization of municipal solid waste fleets.
Keith Hester, General Manager with Caglia Environmental , spoke regarding his experience with Republic Services.
Joseph Kalpakoff, Managing Member of Mid-Valley Disposal, stressed that Mid Valley Disposal’s bid was competitive, presenting a lower cost to taxpayers, thei r local commitment to Clovis, and the high level of customer service offered by his company.
42 AGENDA ITEM NO. 4.
PRELIMINARY - SUBJECT TO APPROVAL
Richard Caglia, with Caglia Environmental, suggested splitting the contract between two companies could be beneficial, especially given the upcoming challenges related to fleet electrification and future costs.
Motion by Councilmember Ashbeck, seconded by Councilmember Bessinger, to separate the commercial and residential proposals, evaluate them separately, and ensure clarity on the criteria and scoring. It was further directed not to use the same consultant previously involved, and to create two separate Requests for Proposals for residential and commercial projects. The motion passed with a 3-2 vote, with Mayor Mouanoutoua and Mayor Pro Tem Pearce voting no.
The Council recessed at 8:06 p.m. and reconvened at 8:16 p.m.
8:16 ITEM 6 - Receive and File – Police Department Update.
Upon call, there was no public comment.
Police Chief Fleming presented the Police Department's 5 -year budget forecast update to the Council. The item was received and filed.
9:30 ITEM 7 - Receive and File – Fire Department Update.
Upon call, there was no public comment.
Fire Chief Ekk presented the Fire Department's 5-year budget forecast update to the Council. The item was received and filed.
COUNCIL ITEMS - 10:30
10:30 ITEM 8 – Consider Approval – Change of Council Meeting Schedule.
Upon call, there was no public comment.
Motion for approval by Councilmember Ashbeck, seconded by Councilmember Pearce. Motion carried by unanimous vote.
CITY MANAGER COMMENTS – 10:31
City Manager Haussler provided several updates, including the upcoming Meet the Mayor session Thursday, February 20, 2025, at 6 p.m. at Reagan Elementary, and the Hall of Fame dinner on Wednesday, February 26 , 2025 . He also reminded the Council that the City is still accepting districting maps, with paper maps available in the lobby and online submissions due by February 21, 2025.
COUNCIL COMMENTS – 10:32
There was consensus of the Council to bring forward a proclamation at the next City Council meeting for the Liberta family.
43 AGENDA ITEM NO. 4.
PRELIMINARY - SUBJECT TO APPROVAL
There was consensus of the Council to bring forward a proclamation for the Red Cross in March.
CLOSED SESSION – 10:45
Upon call, there was no public comment.
ITEM 9 – Government Code Section 54957.6 CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Andrew Haussler, Amy Hance, Scott Cross, Mary Lerner, Paul Armendariz Employee Organization: All Bargaining Units
RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION
No action taken.
ADJOURNMENT
Mayor Mouanoutoua adjourned the meeting of the Council to February 24, 2025.
Meeting adjourned: 11:15 p.m.
______________________________ ________________________________ Mayor City Clerk
44 AGENDA ITEM NO. 4.
PRELIMINARY - SUBJECT TO APPROVAL
CLOVIS CITY COUNCIL SPECIAL MEETING
February 24, 2025 6:00 P.M. Council Chamber
Meeting called to order by Mayor Mouanoutoua at 6:00
Flag Salute led by Councilmember Basgall
Roll Call: Present: Councilmembers Ashbeck, Basgall, Bessinger, Pearce Mayor Mouanoutoua
PUBLIC COMMENTS – 6:00
Julie K, resident, raised safety concerns about reduced visibility and increased stop sign violations at Gettysburg and Helm.
ADMINISTRATIVE ITEMS – 6:06
6:06 ITEM 1 - Receive and File – Public Utilities Department Update.
Upon call, there was no public comment.
Public Utilities Director Redelfs presented the Public Utilities Department’s 5-year budget forecast update to the Council. The item was received and filed.
7:00 ITEM 2 - Receive and File – General Services Department Update.
Upon call, there was no public comment.
General Services Director Hance presented the General Services Department ’s 5-year budget forecast update to the Council. The item was received and filed.
7:28 ITEM 3 - Receive and File – Planning and Development Services Department Update.
Upon call, there was no public comment.
Planning and Development Services Director Mathis presented the Planning and Development Services Department’s 5-year budget forecast update to the Council. The item was received and filed.
8:08 ITEM 4 - Receive and File – Finance Department Update.
Upon call, there was no public comment.
Finance Department Director Schengel presented the Finance Department ’s 5-year budget forecast update to the Council. The item was received and filed.
8:18 ITEM 5 - Receive and File – Economic Development, Housing and Communications Department Update.
45 AGENDA ITEM NO. 4.
PRELIMINARY - SUBJECT TO APPROVAL
Tom Shannon, resident, expressed his appreciation for the department updates.
Economic Development, Housing , and Communications Director McCollum presented the Economic Development, Housing and Communications Department ’s 5-year budget forecast update to the Council. The item was received and filed.
9:05 ITEM 6 - Receive and File – City Clerk / Information Technology / Administration Update.
Upon call, there was no public comment.
City Clerk Parra , I.T. Deputy Director Velez, and City Manager Haussler presented the ir department’s 5-year budget forecast update to the Council. The item was received and filed.
CITY MANAGER COMMENTS – 10:07
There were no City Manager Comments.
COUNCIL COMMENTS – 10:07
There was no formal Council direction to staff.
ADJOURNMENT
Mayor Mouanoutoua adjourned the Special meeting of the Council to March 4, 2025.
Meeting adjourned: 10:17 p.m.
______________________________ ________________________________ Mayor City Clerk
46 AGENDA ITEM NO. 4.
TO: Mayor and City Council
FROM: Administration
DATE: March 4, 2025
SUBJECT: Administration – Approval – Res. 25-___, Approving an application in the amount of $1,500,000 to the California State Department of Housing and Community Development for funding under the CalHome Program; and Authorizing the City Manager , or designee, to sign the application, execute the Standard Agreement , any Amendments , and any related documents thereto, if selected for funding , as may be necessary to participate in the CalHome Program as identified in the 2024 Homeownership Super Notice of Funding Availability dated December 12, 2024.
ATTACHMENTS: 1. Resolution
2. Federally Designated Justice 40 Initiative Disadvantaged Community Map
3. Owner Occupied Rehabilitation Program Guidelines
RECOMMENDATION
For the City Council to authorize the submission of an application to the California State Department of Housing and Community Development (HCD) for funding under the CalHome Program; and authorizing the City Manager, or his designee, to execute the Standard Agreement if selected for funding , any Amendments thereto , and any related documents necessary to participate in the CalHome Program.
EXECUTIVE SUMMARY
On December 12, 2024 , California HCD released a Homeownership Super Notice of Funding Availability (NOFA) that included funding availability through the CalHome Program. Staff is seeking authorization to submit an application in the amount of $1,500,000.
BACKGROUND
The City of Clovis has continuously sought grant funding to provide for critical programs and improvements in the community. In 2023 staff applied for $5,000,000 CalHome funding for both housing rehabilitation and mortgage assistance for stick built homes and mobile homes. Due to HCD Programmatic targets, the City only received funding for mobile homes. Currently the City is administering $1,396,626 in CalHome for mobile repairs, and $415,600 for mortgage assistance for mobile homes.
47 AGENDA ITEM NO. 5.
As part of the current available NOFA, staff recommends authorization to submit a housing repair CalHome application for stick built homes only, as the City currently doesn’t have funding for these types of homes. CalHome funds in the amount of $1,500,000 will be requested to fund the Owner-Occupied Housing Rehabilitation Loan Program by providing loans to owner-occupied, low-income households in the City of Clovis . Staff anticipates providing assistance to approximately 25 homeowners. The CalHome Program allows for a maximum rehabilitation loan of up to $200,000, but the City typically provides loans that average approximately $50,000.
CalHome Program Loans can be used for repairs, fu ll reconstruction, including electrical, heating, plumbing, roof repairs, ceiling, flooring, window, painting, weatherization, energy efficiency, and other similar repairs. To maximize scoring in the application, City staff additionally recommends targetin g loan approval to the areas identified in Attachment 2 (Federally Designated Justice 40 Initiative Disadvantaged Community Map). During the last several years, the City has found that the City’s Housing Rehabilitation Program loans and grants have been located within these areas, therefore targeting these neighborhoods will not deviate from current practical implementation of the program.
Staff is also requesting Council approval of the Owner -Occupied Rehabilitation Program Guidelines for inclusion in the application as required by HCD, and is included as Attachment 3.
FISCAL IMPACT
There is no impact to the City’s General Fund, and the program would provide funding for affordable housing projects in the City of Clovis. If the application is funded by C alifornia HCD, a budget amendment in the amount of the grant award would be submitted for Council approval.
REASON FOR RECOMMENDATION
The State of California HCD requires City Council review and approval of the submittal of this CalHome Program applicatio n and the attachments . Additionally, the City currently does not have funding for repairs of stick-built homes.
ACTIONS FOLLOWING APPROVAL
Staff will prepare and submit the CalHome grant application to California HCD before the application due date of March 13, 2025.
CONFLICT OF INTEREST
None
Prepared by: Claudia Cazares, Housing Programs Manager
Reviewed by: City Manager AH
48 AGENDA ITEM NO. 5.
Attachment 1
RESOLUTION 25-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; AND
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SIGN THE APPLICATION,
EXECUTE THE STANDARD AGREEMENT, ANY AMENDMENTS, AND ANY RELATED
DOCUMENTS, THERETO, IF SELECTED FOR FUNDING, AS MAY BE NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM AS IDENTIFIED IN THE 2024 HOMEOWNERSHIP SUPER NOFA (HOSN) DATED DECEMBER 12, 2024
WHEREAS, the City of Clovis, a municipal corporation, wishes to apply for and receive an allocation of funds through the CalHome Program; and
WHEREAS, the California Department of Housing and Community Development (hereinafter referred to as "HCD") has issued a Notice of Funding Availability ("NOFA") on December 12, 2024 , for the CalHome Program established by and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the California Health and Safety Code (HSC) and Chapter 2 (commencing with Section 54006) of Part 16 of Division 31 HSC .
Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome Program, subject to the terms and conditions of the statute and the CalHome Program Guidelines adopted by HCD on December 2024; and
WHEREAS, the City of Clovis wishes to submit an application to obtain from HCD an allocation of CalHome funds in the amount of up to $1,500,000.
NOW, THEREFORE, BE IT RESO LVED, that the City of Clovis shall submit to HCD an application to participate in the CalHome Program in response to the Homeownership Super NOFA issued on December 12, 2024, which will request a total funding allocation of $1,500,000 for the following activities:
Owner-Occupied Rehabilitation Activities - $1,250,000 which will rehabilitate and repair twenty-five (25) very-low or low income owner occupied homes, (household incomes at or below eighty percent (80%) of area median income) to correct habitability issues, bring homes into code compliance and improve energy efficiency and (b) $250,000 for Administrative Costs to help offset the costs of providing the rehabilitation program.
NOW, THEREFORE, BE IT FURTHER RESOLVED, if the application for funding is approved, the City of Clovis hereby agrees to use the CalHome Program funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program guidelines cited above. The application in full in incorporated as part of the 49 AGENDA ITEM NO. 5.
Attachment 1
Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. The City of Clovis acknowledges and agrees that if may be required to execute any and all other instruments necessary or required by HCD for participation in the CalHome Program.
NOW, THEREFORE, BE IT FURTHER RESOLVED , the City of Clovis authorizes the City Manager, or designee, to execute in the name of the City of Clovis, the application, the Standard Agreement, and any subsequent amendments or modifications thereto , as well as any other documents required by HCD for participation in the CalHome Program, and any amendments thereto.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on March 4, 2025, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: March 4, 2025
______________________________ ______________________________ Mayor City Clerk
50 AGENDA ITEM NO. 5.
CALIFORNIA
STATE
UNIVERSITY
FRESNO
JEFFERSON
ELEMENTARY
SCHOOL
Clov is
Tarpey Village
Federally Designated Justice 40 Initiative Disadvantaged Community Map City
Of Fresno, Fresno
County Dept. PWP, California State Parks, Esri,
TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Justice40 Tracts May 2022
Disadvantaged
Not disadvantaged
2/11/2025
0 0.6 1.20.3 mi
0 1 20.5 km
1:44,959
FOWLER AVE
CLOVIS AVE
VILLA AVE
WILLOW AVE
WINERY AVE
HERNDON AVE
BULLARD AVE
SHAW AVE
ASHLAN AVE
Attachment 2 51
AGENDA ITEM NO. 5.
Attachment 3
CITY OF CLOVIS
OWNER-OCCUPIED HOME REHABILITATION
LOAN PROGRAM GUIDELINES
(CalHome Program)
March 4, 2025
52 AGENDA ITEM NO. 5.
TABLE OF CONTENTS
I. GENERAL .................................................................................................................. 1 II. NON-DISCRIMINATION POLICY............................................................................... 1 III. PROGRAM OUTREACH AND MARKETING ............................................................. 1 IV. APPLICATION PROCEDURES .................................................................................. 2 V. PROPERTY ELIGIBILITY ........................................................................................... 3 VI. APPLICANT ELIGIBILITY ........................................................................................... 3 VII. PROGRAM LOAN TERMS ......................................................................................... 7 VIII. LOAN UNDERWRITING GUIDELINES AND REQUIREMENTS ............................... 8 IX. ELIGIBILE COSTS FOR REHABILITATION ............................................................... 9 X. PROHIBITED AND INELIGIBLE USES OF FUNDS .................................................. 12 XI. REHABILITATION CONSTRUCTION REQUIREMENTS .......................................... 12 XII. LOAN CLOSING PROCEDURES ............................................................................ 13 XIII. ADMINISTRATIVE COSTS ...................................................................................... 16 XIV. CONTRACTOR GUIDELINES AND REQUIREMENTS ........................................... 16 XV. LOAN MONITORING PROCEDURES ..................................................................... 17 XVI. PROGRAM LOAN REPAYMENT ............................................................................. 17 XVII. LOAN ACCELERATION ........................................................................................... 18 XVIII. DRAW REQUESTS (TO HCD) ................................................................................. 19 XIX. CONFLICT OF INTEREST ....................................................................................... 19 XX. PROGRAM COMPLAINT AND APPEAL PROCEDURE .......................................... 20 XXI. PERFORMANCE REPORTING TO HCD ................................................................. 20 XXII. AUDIT/RETENTION AND INSPECTION OF RECORDS ......................................... 21 XXIII. COMPLIANCE WITH STATE AND FEDERAL LAWS, RULES AND GUIDELINES . 21 XXIV. REUSE ACCOUNT .................................................................................................. 22 XXV. LOAN SERVICING POLICIES AND PROCEDURES ............................................... 22 XXVI. AMENDMENTS ........................................................................................................ 22
53 AGENDA ITEM NO. 5.
CITY OF CLOVIS
OWNER-OCCUPIED HOME REHABILITATION
LOAN PROGRAM GUIDELINES
I. GENERAL
The City of Clovis (“City”) supports efforts to improve the City’s affordable housing stock.
To that end, t he City has entered into a contractual relationship with the State of California Department of Housing and Community Development (“HCD”) to administer one or more HCD -funded owner -occupied rehabilitation programs. The program described herein, the Owner-Occupied Rehabilitation Loan Program (the “Program”), is designed to provide financial assistance to eligible owner-occupied households to correct health and safety issues in the home by providing loans of up to $ 200,000 as provided through the CalHome Program.
II. NON-DISCRIMINATION POLICY
No person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic informa tion, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under federal or state fair housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activi ty funded in whole or in part with Program funds.
III. PROGRAM OUTREACH AND MARKETING
A. All outreach efforts will be done in accordance with state and federal fair lending regulations to assure nondiscriminatory treatment, outreach and access to the Program. The City assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by the Califo rnia Fair Employment and Housing Act (Government Code, section 12990, et. seq.), the Holden Act (Health & Safety Code, section 35800, et. seq.), Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Fair Housing Act (42 USC 360120) and all implementing regulations, the Fair Housing Amendments Act of 1988, the Unruh Civil Rights Act, the Age Discrimination Act of 1975 and all implementing regulations, Government Code Section 11135, Section 504 of the Rehabilitation Act of 1973, and all regulations promulgated pursuant to those statutes. The City will ensure that all persons, including those qualified individuals with handicaps, have access to the Program.
54 AGENDA ITEM NO. 5.
B. The Fair Housing Lender and Accessibility logos will be placed on all outreach materials. Fair housing marketing actions will be based upon a characteristic analysis comparison (census data may be used) of the Program’s eligible area compared to the ethnic ity of the population served by the Program (includes, separately, all applications given out and those receiving assistance) and an explanation of any underserved segments of the population. This information is used to show that protected classes (age, gender, ethnicity, race, and disability) are not being excluded from the Program. Flyers or other outreach materials, in English and any other language that is the primary language of a significant portion of the area residents, will be widely distributed in the Program-eligible area and will be provided to any local social service agencies.
C. Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion of an otherwise qualified individual, solely by reason of disability, from participation under any program receiving Federal funds. The City will take appropriate steps to ensure effective communication with disabled housing applicants, residents and members of the public.
D. As funding become s available, City staff will market the program through the following methods:
1. Outreach to households on the City’s interest list.
2. Publication on City’s Website
3. Publication on City’s Social Media Sites
4. Placing brochures and flyers at the following locations: Planning and Development Services Department, City of Clovis Administration Office, Senior Center, County Library – Clovis Site, local mobile home parks, and local social service agencies.
E. Applications for the City’s Owner -Occupied Home Rehabilitation Loan Program will be available by calling the City of Clovis at (559) 324-2060, can also be downloaded from the City website, or picked up at the City of Clovis, Housing Programs Office, 1033 Fifth Street, Clovis, CA.
IV. APPLICATION PROCEDURES
A. The City will make applications available year-long, on a first-come-first-served basis, for the duration of the Program and contingent on funding availability.
B. Each potential applicant is required to complete an application form, which asks for information concerning assets, employment, household members, homeownership, work requested, and income of household members to establish eligibility for Program participation.
C. Applicants will also be required to identify race, ethnicity, senior and Veteran status at the time of submitting an application. All applications will be processed in accordance with state and federal fair lending regulations to assure nondiscriminatory treatment, outreach, and access t o the Program. No person 55 AGENDA ITEM NO. 5.
shall be excluded or denied benefits on the grounds of age, ancestry, color, creed, physical or mental disability or handicap, marital or familial status, medical condition, national origin, race, religion, gender or sexual orientation.
D. Applications are date/time stamped when received by the City and reviewed for completeness and Program eligibility. Incomplete applications are returned to the applicant with an opportunity for the applicant to resubmit on a first -come- first-served basis as identified above. Complete applications undergo a full review, processing, and underwriting as outlined in this document. The City will request any additional documentation to determine eligibility, as needed. If an application is deemed eligible, City staff will refer the application for Loan Committee approval.
1. If the City encounters material discrepancies and/or misrepresentations, during Program eligibility confirmation, and/or there are income, asset, household composition, or other important questions that can't be resolved, the City reserves the right to deny assistance to the household.
In this case, the applicant may re -apply after six months have elapsed from the time of written assistance denial , contingent on funding availability.
E. If the application is approved for funding by the Loan Committee, City will send Applicant a letter regarding their eligibility, contingent on a Home Inspection. The application is referred to the Housing Inspector to conduct an initial property inspection and determine the rehabilitation work to be performed on the property, as may be identified as eligible in these guidelines . Subsequent application procedures are identified below in Section X.
V. PROPERTY ELIGIBILITY
To be eligible to participate in the City’s Program, the Applicant’s home (or “property”) must be an owner-occupied residence located in the incorporated area of the City of Clovis.
VI. APPLICANT ELIGIBILITY
The City will confirm applicant eligibility, by verifying income qualification, homeownership and owner-occupancy. Underwriting guidelines are found in Section 7.
A. Verifying Income Qualification - To be eligible to participate in the Program, gross household annual income must not exceed eighty percent (80%) of the area median income (AMI) for Fresno County for the year in which the loan is made , which is adjusted for household size and reported in the most current income guidelines published by HCD. When calculating income eligibility, City staff will refer to Chapter 3 of the Income Calculation and Determination Guide for Federal Programs.
56 AGENDA ITEM NO. 5.
1. Income Documentation
a. Income will be determined by examining source documents evidencing gross income. Third -party verification of employment forms sent to employers is the preferable method to determine income. Other source documents will be used to assist in income determination (i.e. tax returns, copies of wage receipts, subsidy checks, and bank statements). When collecting income verification documentation, City will consider any known or upcoming changes. b. If third -party verification of employment/income isn’t available, other types of documentation will be used, such as pay stubs, tax returns and/or three months of bank statements.
c. Undocumented income or “stated income” will not be utilized but will be investigated and documented when possible.
d. All documentation shall be dated within six months prior to funding/project approval and kept in the applicant file and held in strict confidence. If the applicant was previously qualified for the program and more than 6 months have lapsed, they must be re - qualified.
2. The following terms are key to understanding the requirements for calculating gross income.
a. Gross amount . The amount earned before any deductions have been taken.
b. Projected to be received . Projected earnings rather than past earnings will be used when estimating annual income for income - eligibility purposes.
c. Household. All persons in the residence are considered household members for the purpose of income eligibility. Household members are not restricted to immediate family.
d. Household income . The applicant’s income combined with the income of all household members, related or non-related, aged 18 and older.
e. ADU/JADU related income. The definition of “Annual Income” has been modified to exempt ADU or JADU related income from the income calculation since this rental income will help low -income families achieve or maintain homeownership.
f. Income inclusions and exclusions. Detailed guidance pertaining to what types of incomes must be included or excluded when calculating gross annual income can be found in Attachment A, as identified in Part 5, Appendix B Annual Income Inclusions and Exclusions, as stated in the HUD Technical Guide for Determining 57 AGENDA ITEM NO. 5.
Income and Allowances. The information can also be found at:
https://www.hcd.ca.gov/grants-funding/income-limits/income- calculation-and-determination-guide.shtml. The applicant’s file will be documented for any exceptions or exclusions from the gross income calculation.
3. Calculating Gross Income – Gross Income means all anticipated eligible income of a person or household for the 12 -month period following the date of determination of income. City will complete the Gross Income Worksheet (Attachment B) , using the guidelines below, to determine applicant’s eligibility.
a. Income qualification for self -employed persons is based on prior year income tax returns. Net income plus depreciation from the operation of a business or profession will be used. Any withdrawal of cash or assets from the operation of a business will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family. Income averaging is allowed only when the borrowers are seasonal employees with fluctuating incomes.
b. For a seasonal worker, the City will determine the flow of pay and relate it to the paystub’s year -to-date (YTD) figure. The YTD may only cover either the period of time when the season is strong and the figure is high, or during the off -season period when the figure is low – this will be taken into consideration , and income will be adjusted to anticipate earnings for the next 12 months. c. Per diem income is not counted, as it is considered a reimbursement to the employee for expenses, he/she had to pay out of pocket to perform work for the employer.
d. City is to ascertain the basis on which employees are paid (hourly, weekly, or monthly, with or without overtime or bonuses or if on commission, or seasonal work). An employee who gets paid “twice a month” may actually be paid twice a month (24 times a yea r) or every two weeks (26 times a year).
e. It is important to clarify whether overtime is sporadic or a predictable component of an employee’s income.
f. An annual salary is counted as annual income regardless of the payment schedule. For example, if a teacher’s annual salary is $30,000, this is the annual income regardless if the teacher is paid over a 9- or 12- month period.
g. If the applicant will occupy an ADU, or a JADU, then the residents of the primary unit shall not be considered as part of the Household receiving CalHome program funding for purposes of this section. 58 AGENDA ITEM NO. 5.
h. Gross income from all sources must be used, including:
• Overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services (before any payroll
deductions).
• If an upcoming raise is shown on the Verification of
Employment, it must be calculated as current income.
• Wages from a second job.
• The regular amount of periodic payments received from Social Security, Supplemental Security Income (SSI), annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts.
These amounts should not be grossed up.
• Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation and severance pay.
• Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling.
4. Treatment of Assets - An asset is a cash or non -cash item that can be converted to cash (i.e. checking and savings and money market accounts, stocks, bonds, and other forms of capital investments) , and recognized as part of annual income.
a. When a household has household assets in excess of $5,000 , gross income will include the greater of:
• Actual amount of income, if any, derived from all the household assets, or
• HUD Passbook rate of the value of all such assets.
b. If the assets are less than $5,000 no income is counted from assets. If the assets are $5,000 or greater, count the income from all of the assets.
c. Note: it is the income earned from the assets that is counted – e.g. interest on a savings account – not the asset value.
d. If there is no regular income from assets, the income is imputed by using the HUD Passbook rate.
e. CalHome does not have a requirement to spend down the borrower’s assets to qualify for a loan and the program encourages a homeowner to retain adequate emergency funds (3 -6 months of 59 AGENDA ITEM NO. 5.
expenses). However, it is expected that the borrower invests their funds first and only rely on the CalHome loan as alternate financing.
f. For checking accounts City will use the average 6-month balance. g. Retirement accounts are not counted as assets for CalHome Income verification if they are not accessible to the applicant without retiring or terminating employment.
h. The value of equity in real property, value of gems, art collections, etc. is not to be considered in the asset base because the value fluctuates until sold. However, income from the property must be separately considered.
i. The value of necessary items such as furniture and automobiles shall be excluded.
j. City will utilize Attachment C – Part 5, Annual Income Asset Inclusions and Exclusions, as stated in the HUD Technical Guide for Determining Income and Allowances, to identify what types of assets must be included or excluded when calculating gross annual income. The guidance can also be found at:
https://www.hcd.ca.gov/grants-funding/income-limits/income- calculation-and-determination-guide.shtml.
k. The applicant’s file will be documented for any exceptions or exclusions from the asset base.
B. Owner-Occupancy – Applicants must live in the property , be on title and intend to continue occupying the home as a principal place of residence. In some cases, there may be owners on title not living in the property, such as a parent who co- owns the home with their son or daughter. If the children do not live on the property, do not deduct the property on their income taxes, and can document a different place of residence, their income may be excluded, and they would not be counted as household members. However, if they are on title, they must sign the loan documents. City staff will determine owner -occupancy by researching electronic City data and cross -referencing it with recorded title documentation/deed.
VII. PROGRAM LOAN TERMS
A. Maximum amount of CalHome Program assistance. The City will provide a loan of UP TO $200,000 for eligible activities. Loan amounts will be determined by the actual need/cost of the repairs. The maximum loan to homeowners for repairs shall not exceed the amount required to fund costs associated with eligible improvements. If the home is in need of reconstruction, then the maximum loan amount is $250,000.
60 AGENDA ITEM NO. 5.
B. An owner-occupied rehabilitation loan for a stick -built home will be secured by the real property and improvements.
C. The CalHome Program loans shall have the following terms and conditions:
1. Maximum loan amount: $200,000.00
2. Zero percent (0%) interest
3. Deferred Payment with a 30-year term
D. CalHome Program loans are not assumable.
E. The following transfers of interest shall not require the repayment of the CalHome Program loan:
1. Transfer to a surviving joint tenant by devise, descent, or operation of law on the death of a joint tenant.
2. A transfer, in which the transferee is a person who occupies or will occupy the property, which is:
i. A transfer where the spouse becomes an owner of the property. ii. A transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement by which the spouse becomes an owner of the
property; or
iii. A transfer into an inter vivos trust in which the Borrower is and remains the beneficiary and occupant of the property.
VIII. LOAN UNDERWRITING GUIDELINES AND REQUIREMENTS
The City procedures below will be utilized for loan underwriting and approval.
A. Title Report - The City will order a preliminary title report and review it to document all owners on title. It will also be reviewed to document undisclosed liens that would affect the security of the CalHome loan.
B. Credit Report – The City will order a credit report for the Applicant(s). The City will compare the credit report information to that found in the application. If there are discrepancies between the documents, the City will determine what is factual and will have the applicant explain any discrepancies. Any liens, judgments, bankruptcies, major defaults, credit scores lower than 600, collection accounts and slow pays on the credit report could indicate serious problems and should be explained by the borrow er. Particular attention will be paid to the borrower’s ability and willingness to repay the mortgage debt, as well as attention to applicant’s timely payments on their mortgage loan. When analyzing the borrower’s credit record, it is the overall pattern of credit behavior that will be reviewed rather than isolated occurrences of unsatisfactory or slow payments. 61 AGENDA ITEM NO. 5.
The City will document review of the credit report, as well as notate any findings, in the loan file.
C. Property Value - The property must also be eligible for the rehabilitation loan.
The after-rehabilitation value of a home assisted with a CalHome Program loan cannot exceed 150% of the highest local median sales price of a single -family home during the past six months. City staff shall refer to the median sales price for Fresno County, as posted at the California Association of Realtors website.
The total loan-to-value ratio, including all loans secured by the property and the new CalHome loan , may not exce ed 105% of the estimated after-rehabilitation value. This calculation will be documented in the file by the City.
1. Prior to commencement of rehabilitation work, City staff will determine loan-to-value ratio using information from comparable sales. An appraisal may be ordered when the loan -to-value percentage of existing encumbrances exceeds 80% of value (based on comparable sales).
2. The appraisal will take into consideration the estimated value of the rehabilitation work to be completed on the property and shall include the pre-rehabilitated value and the after-rehabilitated value.
D. Fire insurance (and flood insurance where applicable) requirements are as follows:
1. City will require borrowers to maintain insurance on the property in the amount at least equal to the replacement value of the improvements; or the value of the loans; and
2. City must be named as additional loss payee on the policy.
E. Any cash out of escrow to the homeowner is prohibited. This is to ensure that CalHome Program funds are spent only in the amount required to pay for actual rehabilitation and non-recurring closing costs.
F. City will obtain title insurance in the amount of the CalHome Program loan at close of escrow, showing the City as the beneficiary.
IX. ELIGIBILE COSTS FOR REHABILITATION
Cost of rehabilitation of the property in accordance with the following definition: “Rehabilitation” means, in addition to the definition in Section 50096 of the Health and Safety Code, repairs and improvements to a home necessary to correct any condition causing the home to be substandard pursuant to Section 1704 of Title 25, California Code of Regulations. A.
Rehabilitation includes the repair, full reconstruction, or the addition of ADUs/JADUs, main dwelling reconstruction, bedroom, and bathroom additions to alleviate overcrowding (as defined in the latest Census) as well as repairs and improvements which are necessary to meet any locally adopted standards used in local rehabilitation programs. All rehabilitation costs must be for the alleviation of health or safety issues, the correction of code violations, compliance with 62 AGENDA ITEM NO. 5.
local ordinances, or addition and modification of ADUs/JADUs as described above.
Rehabilitation does not include replacement of personal property.
The following are eligible uses of Program funds:
A. Rehabilitation to address the correction of health and safety issues, correction of code violations, or compliance with a local ordinance (the four eligible uses for CalHome funds), as follows:
1. Eligible costs include repair or replacement of electrical, heating, and plumbing systems. It also includes roof replacement, and repairs to remedy mold, dry rot, water damage or termite damage. Also included are lead-based paint hazard reduction and impro vements for disability access. Such funds are made part of the loan and are not considered a grant. All housing units built prior to January 1, 1978 will require a lead paint disclosure to be signed by both the homebuyer and seller (Attachment D).
2. Eligible costs include additional work required to rehabilitate and modernize a home and bring it into compliance with current building codes and regulations. Items in a detached garage are generally not eligible except to the extent that the residence is affected by the current condition.
For example, out -of-code electrical wiring between the house and the garage which could create a fire hazard to the residence; or mold or termites in the garage which could easily move to the residence. a. Repair of an accessory dwelling unit or junior accessory dwelling unit is also an eligible cost.
b. Painting, weatherization, and energy efficient improvements are included when required by code. Energy efficient items and green building items cannot be stand -alone but must be connected in some fashion to one of the four eligible uses of CalHome funds.
For instance, dual pane windows may replace windows which must be repaired because they are not operational. Insulation may be added when a roof or ceiling requires repair. However, a tankless water heater is considered an enhancement and is not usually eligible to replace a tank-style water heater.
3. Demolition and Clean -up - Eligible costs include the tear down and disposal of dilapidated structures. Eligible costs also include clearance of weeds, junk, debris, stagnant water, and garbage which directly affect the residence structure and constitute a health and safety hazard. Removal of debris and weeds is generally considered normal maintenance and is an ineligible use of CalHome funds.
4. Closing Costs and Other Charges - Eligible costs include non -recurring closing costs for the loan paid to third party providers for such items as title searches, credit reports, notary fees, recording fees, escrow fees, or 63 AGENDA ITEM NO. 5.
appraisals. The homeowner does not pay any costs for the CalHome loan such as refundable application fees, loan processing or document fees.
These costs are incurred by the City and reimbursed by CalHome to the City as Administrative Costs . Other costs such as termite inspections (when termite work is done), haul away, disposal bins, architect fees, permit fees, will be included in the loan.
5. Additions and Accessory Dwelling Units/Junior Accessory Dwelling Units - Eligible costs include construction of additional bedrooms and bathrooms if needed to alleviate overcrowding (as defined in the latest Census). It also includes the full construction or reconstruction of ADUs/JADUs. The program will not fund additions to a home for a den, home office or family room. The only eligible detached additions or buildings are an ADU/JADU, unless otherwise required by a local ordinance, such as covered parking or garage.
6. General Property Improvements - General property improvements are permitted if they relate to health and safety, or code or local ordinance compliance activities. All improvements must be physically attached to the property and permanent in nature. They must remain with the home if the home is sold. A driveway, landscaping or fencing may be considered part of rehabilitation if it is determined to be a health and safety issue.
Luxury items are not permitted to be paid with CalHome funds.
7. Appliances - Built in appliances such as garbage disposals, dishwashers, stoves, and ovens may be replaced if they are broken or non -repairable.
Free standing appliances such as refrigerators, washers and dryers are not included. New built-in appliances are ineligible if they do not replace a similar existing appliance.
8. Relocation and Storage - Relocation costs and storage costs are considered secondary costs and allowed only when necessary for health and safety. These costs are part of the loan which must be repaid and are not a grant. Homeowners should be encouraged to stay with friends or relatives so that most of the funds are used for property improvements.
9. Rehabilitation Standards - All repair work related to health and safety conditions will meet Uniform Building Code standards. The priority will be the elimination of health and safety hazards and code compliance. The replacement materials will be of a similar grade and quality compa red to the original construction. Substantial upgrades such as premium carpet, travertine tile, marble tile, granite, or marble countertops, are not normally permitted to be paid with CalHome funds.
B. Cost of building permits and other related government fees.
C. Cost of architectural, engineering, and other consultant services which are directly related to the rehabilitation of the property and related to eligible work done using CalHome funds.
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D. Non-recurring Loan closing costs, as applicable.
X. PROHIBITED AND INELIGIBLE USES OF FUNDS
A. Refinancing of existing loans or payoff of personal obligations with CalHome funds.
B. Costs associated with the rehabilitation or repair of property owned by a mobile home park owner.
C. Property improvements not related to health and safety, correction of code violations or compliance with local ordinances are not permitted. A partial list of ineligible upgrades are barbeques, outdoor kitchens, patios, decks, patio covers, swimming pools, hot tubs, animal shelters, sports courts, storage sheds, workshops, fountains, security systems, TV antennas, plantation shutters, wallpaper, tankless water heaters, upgraded carpet, built in entertainment centers, granite counter tops, travertine or marble tile, and garage floor coatings.
XI. REHABILITATION CONSTRUCTION REQUIREMENTS
A. The City/Housing Inspector will schedule an initial inspection with the homeowner within 7 days of receiving notice by the City, to determine the rehabilitation work to be performed on the property.
1. Debris removal is a pre -construction requirement for a homeowner’s participation in the program. City staff must be able to access and inspect the parts of the home wherein repairs are needed, and contractors must be able to access those same areas in orde r to provide estimates and complete the repairs. The work area of the home must be in a clean and sanitary condition, free of debris, prior to project approval.
B. Further program eligibility will be determined by demonstrated need at the time of inspection (existence of health and safety issues). A Scope of Work, and estimate, will be prepared to identify the work to be performed. City’s Project Review Committee will review the Scope of Work for approval, or determination that the required or requested repairs are eligible/ineligible.
1. If after development of the Scope of Work (and estimate), the Inspector and/or City determines that the work is ineligible, the Applicant is notified of the cancellation of their Application.
2. If after development of the Scope of Work (and estimate), the Inspector and/or City determines that the work cost estimate is in an amount that is above what can be funded through the Program , work will be done to rescope the project if feasible, if not feasible , the Applicant is notified of the cancellation of their Application.
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C. If Scope of Work is approved by the City’s Project Review Committee , the applicant will be notified in writing of the committee’s decision and City will refer the project back to the Inspector for bidding.
D. The City/Housing Inspe ctor works with Applicant to obtain a minimum of three bids for the Scope of Work. If City/Housing Inspector, and/or owner cannot obtain the required number of bids, then City staff shall document efforts made to obtain the required number of bids and approve project award with less than the required number of bids. Bids are provided to Applicant for selection. Applicant is required to sign a rehabilitation contract /agreement between Applicant and general contractor/contractor for the work to be performed.
1. If the Applicant is unable to obtain sufficient or any bids for the work to be done within 60 days of noticing, the reservation of funds will expire and the next person on the Eligible list is given an opportunity to participate in the Program. The Applicant can be requested to be placed on the Eligible List again, but will be placed at the end of the list.
E. City will draft a Rehabilitation Contract/Agreement between City and Applicant for the work to be performed, and prepare other required program documents (see below) for execution. All are provided to Applicant for signatures, and subsequently recorded as required.
F. All general contractors and subcontractors selected by the Applicant are to be licensed by the Contractors State License Board and must maintain Workers’ Compensation and Employer Liability insurance to the extent required by State Law. The contractor selected shall complete work in accordance with the rehabilitation contract executed between the contractor and the Applicant , as approved by the City , according to the approved Scope of Work, and in a professional manner.
G. The City/Housing Inspector will monitor construction for compliance with the construction contract and program requirements. City expects to pay contractor selected directly, once, at the completion of construction. Progress payments may be disbursed, on a case -by-case basis, only if approved in writing by the Applicant and City/Housing Inspector.
H. The City expects contractors submitting project estimates to do a thorough inspection of the item(s) to be repaired prior to preparing the bid. Change orders will only be approved if they are necessary to completing the repairs, and could not be anticipated prior to construction. Payment will not be issued for change orders unless they have been approved in writing by the homeowner and a City representative prior to the additional work beginning.
XII. LOAN CLOSING PROCEDURES
The City shall be responsible for drawing the deferred payment loan documents, sending the documents and escrow instructions to escrow (unless the City handles the escrow themselves) and closing the loan.
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A. Review of the Preliminary Title Report - The Preliminary Title Report is reviewed for correct property address and legal description, as well as confirmation of the title holders, all of whom must sign the loan documents. While reviewing the exceptions, the City may find that certain exceptions must be deleted from the ALTA Policy or may require special endorsements, as in the case of CC&R’s or easements. The City may also find liens and judgments against the homeowner that did not show up anywhere else. The report will also show if the property taxes are delinquent.
B. Drawing the CalHome Program Loan Documents and Loan Funding - The City will prepare, execute and record (as needed) the following documents:
1. CalHome Promissory Note evidencing the loan, payable to the City in the principal amount of the loan and stating the terms and rate of interest of the loan consistent with the requirements of the program. The City is prohibited from assigning its beneficia l interest under the note. The note must be secured by a Deed of Trust, to be recorded with a title company.
2. CalHome Loan Agreement
3. CalHome Deed of Trust: shall name the City as the beneficiary and shall be recorded in a junior lien position to existing liens.
4. Clear instructions to the title company, which include requesting an original ALTA Policy with the City listed as a lien holder and a copy of Evidence of Insurance for all hazard and/or flood insurance policies showing the City as additional Loss Payee. In addition, instructions should include the prohibition of cash back to the borrower (except as defined in 25 CCR, Section 7731 [c]) and the requirement that any cash back should be applied to the principal amount of the CalHome loan. The City may opt to fund rehabilitation program loans outside of escrow (i.e. internally without a title company).
5. Request for Copy of Request for Notice of Default or Sale to be recorded on behalf of the City.
6. Disclosure forms as required by State and Federal law.
7. Notice of Completion to be recorded. This may be a trailer document (a document provided to Escrow at a time subsequent to the recording of the Deed of Trust and Request for Notice of Default or Sale), but it must be recorded prior to requesting credit for the loan from HCD.
8. A Notice of a Three-Day Right of Rescission.
C. All the above closing documents are sent to escrow (unless the City does their own escrows) to be reviewed by the escrow officer and for the borrower’s signature. Once the borrower has signed, all the above original documents, along with certified copies, except for the original Deed of Trust and Request for Copy of Notice of Default or Sale (these items will be sent to the County Recorder’s 67 AGENDA ITEM NO. 5.
office for recording), are returned to the City to be reviewed for completeness, accuracy, and conformance to the escrow instructions. After the closing documents have been reviewed for compliance, and funds have been disbursed from the City to escrow, escrow will be able to record the CalHome lien. When the work has been completed, the Notice of Completion will be sent to Escrow for recordation. Since this is a document which protects the homeowner, the return address after recording should be that of the property.
D. City to ensure that the Applicant hasn’t been charged any unallowable fees and that they didn’t receive any unallowable cash back.
E. When the rehabilitation is complete , City to verify that the total CalHome loan funds have been spent or returned to the CalHome reuse account. There may not be any cash back to homeowners, even if their project came in under budget.
If all funds are not spent, the principal of the homeowner’s loan is reduced by the amount of the unspent funds. Unspent funds are deposited in the Reuse Account.
City to send a letter to the borrower indicating that the loan principal has been reduced by the amount of the unspent funds. The original Promissory Note must be annotated on the back to show the principal reduction and should be signed by the City’s Authorized Signatory.
F. Promissory Note is to be stored in a secure, safe place, with a copy in the applicant/borrower file.
G. City will submit a Borrower Summary and all other required documentation to HCD within 90 days of completion of rehabilitation work.
H. City will verify that each applicant file contains the following documents:
1. Application for CalHome assistance.
2. Confirmation of household size.
3. Income and asset verification documentation and analysis.
4. Credit Report or other documentation required to show a good credit history.
5. Appraisal or valuation of before - and after -rehabilitation value of the property.
6. Preliminary title report.
7. When applicable: mortgage verifications and/or loan verifications for any other debt already existing and recorded against the property.
8. Initial property inspection report; work write -up, cost estimate; bid package; executed construction contract; verification of selected general contractor and subcontractor licensing status with the Contractors State License Board; evidence of Workers’ Com pensation and Employer Liability Insurance; onsite inspection records and progress inspection reports for payment issuance, including a final inspection report and final line item budget of costs incurred.
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9. Loan Agreement between the Contractor and the Borrower.
10. Copy of Promissory Note
11. Copy of contract between Borrower and General Contractor.
12. CalHome draw request forms, including Borrower Summary Sheets.
13. CalHome loan escrow instructions.
14. From the escrow/title company , or as administered internally : executed Promissory note; recorded Deed of Trust; Title Insurance Policy for the CalHome loan naming the Contractor as the insured; Hazard Insurance, including flood insurance when applicable, naming the Contractor as Additional Loss Payee; copy of recor ded Request for Copy of Notice of Default or Sale, copy of recorded Notice of Completion, and a copy of the Settlement Statement.
15. Correspondence (including relevant e -mails) or notes of meetings or phone calls between the Contractor and the homeowner, other lenders, title or escrow companies or other parties contacted in relation to the homebuyer’s loan.
XIII. ADMINISTRATIVE COSTS
A. The City will be reimbursed by HCD for costs incurred to deliver the rehabilitation program and loan. These costs are considered Administrative Costs. Costs will be in amounts that are customary and usual for similar services performed by private firms and be reasonable. Administrative Costs shall not exceed 20 percent of the total of the CalHome Owner -Occupied Rehabilitation disbursements (advances or reimbursements). City shall maintain records to satisfactorily document these charges. This requirement may be satisfied through documents such as invoices, receipts, time tracking, or other documentation of valid program expenses.
B. Such costs could be for home inspections in the development of the work write - up, work write-ups, loan processing, underwriting, loan documents, construction payouts, contract management and bid reviews. Eligible costs also include wages, salaries and fringe benefits of the program, clerical, and management personnel, and payment for rent, utilities, communications, printing and travel expenses. These charges are not paid by the homeowner since the City is reimbursed by CalHome. These costs are not included in the amount of the homeowner’s loan and do not need to be paid back. These costs are to be reimbursed to the City as a grant.
XIV. CONTRACTOR GUIDELINES AND REQUIREMENTS
A. The City can provide, upon request of the homeowner, a list of contractors who have completed repair projects through the program in the previous years.
Inspector will facilitate project bidding, with a pre -qualified list of contractors.
However, homeowners can contact any contractor of their choosing as long as they meet the following criteria:
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• The contractor must hold a current and valid State of California General Contractor’s license.
• The contractor cannot be on the State or Federal Debarred Contractors list.
• The contractor must have a City of Clovis business license. • The contractor must have current and valid General Liability and Workmen’s Compensation Insurance.
• The contractor must provide a one-year warranty for their work.
B. Bids submitted by contractors who do not meet the criteria will not be considered.
C. Contractor Payments - The City will pay the contractor directly. No funds will be distributed to the homeowner. Once the work has been completed, the contractor shall provide the City with all required Permits, Proof of Permit Inspection and Close-Out, and a Homeowner Satisfaction Statement signed by the homeowner. Once all required and completed documentation has been provided to the City, payment may be approved and processed. At the discretion of the City, p artial payments will be permitted if the project is large enough to warrant it.
D. Contractor/Homeowner Disputes - The agreement to complete work rests solely between the homeowner and the contractor, and therefore the City is not a party to the agreement. However, should a dispute arise, the City is willing to act as an intermediary to assist in an agreeable resolution. If it is deemed a contractor has not made a good faith effort to resolve the matter, or has been negligent, the contractor may be barred from participation in future City -funded projects.
The homeowner may pursue legal action against the contractor through Small Claims Court and/or the State Contractors License Board.
XV. LOAN MONITORING PROCEDURES
City will monitor Borrowers annually to ensure adherence to Program requirements including, but not limited to, the following:
• Owner-occupancy
• Property tax payment
• Hazard insurance coverage
• Good standing on Primary loans
• General upkeep of housing units
XVI. PROGRAM LOAN REPAYMENT
A. Payments are voluntary during the deferral period. Borrowers can begin making voluntary payments at any time without penalty . The City will accept loan payments from borrowers prepaying deferred loans, and from borrowers making payments in full upon sale or transfer of the property.
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B. All loan payments are payable to the City and are due at loan maturity. Program loan payments will be made to:
City of Clovis
1033 Fifth Street
Clovis, CA 93612
C. The City will be the receiver of loan payments or recaptured funds and will maintain a financial record -keeping system to record payments and file statements on payment status. Payments shall be deposited and accounted for in the City’s Program Income, or Reuse Ac count, as required by HCD programs (for CalHome loans).
D. The City may at its discretion, enter into an agreement with a third party to collect and distribute payments and/or complete all loan servicing aspects of the Program.
E. If it is determined by the City that repayment of the CalHome Program loan at the maturity date causes a hardship to the borrower, the City may employ the following two other options.
They are:
a. Amending the note and deed of trust [or other security instrument(s)] to defer repayment of the amount due at loan maturity, that is , the original principal and the accrued interest, for up to an additional 30 years (at 0% additional interest), this may be offered one time, or;
b. Converting the debt at loan maturity, that is , the original principal balance and any accrued interest, to an amortized loan, repayable in 15 years at 0% additional interest.
XVII. LOAN ACCELERATION
In the event that an owner sells, transfers title, or discontinues residence in the assisted property for any reason, the principal balance of the loan is due and payable.
A. The following transfers of interest will not require the repayment of the CalHome Program Loan:
1. Transfer to a surviving joint tenant by devise, descent, or operation of law on the death of a joint tenant;
2. A transfer, in which the transferee is a person who occupies or will occupy the property, which is:
i. A transfer where the spouse becomes an owner of the property; ii. A transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement 71 AGENDA ITEM NO. 5.
agreement by which the spouse becomes an owner of the
property; or
iii. A transfer into an inter vivos trust in which the borrower is and remains the beneficiary and occupant of the property.
B. In general, loans are not assumable.
XVIII. DRAW REQUESTS (TO HCD)
City will make every effort to submit more than one loan with each draw. With each individual draw, City will submit the following to HCD:
A. Completed Owner-Occupied Rehabilitation Draw Request.
B. Completed Owner -Occupied Rehabilitation Borrower Summary for each individual CalHome loan, with the following items attached to each in the following order:
1. Copy of the executed CalHome Promissory Note.
2. Copy of Deed of Trust.
3. Closing Disclosure.
4. Certified Settlement Statement (MA-Borrower/Seller, OOR-Borrower).
5. Completed Administrative Costs Reimbursement form (If Applicable).
6. HCD Form 480.7 Statement of Lien.
7. Copy of Recorded Notice of Completion and/or Lien Releases from Contractors.
8. Initial or Final Line Item Work Write -up (with cost and details supporting repairs).
9. Change Orders (with costs and details supporting work).
XIX. CONFLICT OF INTEREST
To the extent consistent with Federal and State conflict of interest laws as they apply to local government officials, employees and agents, the following rules shall apply regarding eligibility for this program. No member of the governing body of the City nor other official, employee, or agent of the City government who exercises policy or decision-making authority in connection with the planning and implementation of the Program shall directly or indirectly be eligible for this Program. This ineligibility shall continue for one year after an individual’s relationship with the City ends.
When the Program Loan contains Federal funds, the applicable Conflict of Interest requirements of 24 CFR Section 570.611 shall be followed for CDBG assistance.
A contractor with a vested interest in the property cannot bid on a rehabilitation job, if applicable. Such a contractor may act as owner/builder, subject to standard construction procedures. Owner/builders are reimbursed for materials purchased which are verified by invoice/receipt and used on the job. Reimbursement occurs after the installation is verified by the City to be part of the scope of work. Owner/builders are not reimbursed for labor. 72 AGENDA ITEM NO. 5.
XX. PROGRAM COMPLAINT AND APPEAL PROCEDURE
Any applicant denied assistance from the Program has the right to appeal. Complaints concerning the Program should be made in writing and filed with the City. Complaints by applicants, residents or property owners regarding the City’s Program should be made to the City’s Assistant City Manager , or Director of Community & Economic Development, who will investigate the complaint, prepare an analysis and recommendation and will schedule a discussion of the complaint with the Loan Review Committee. If the matter is not resolved to the satisfaction of the person filing the complaint, this person may submit a written appeal addressed to the City’s Loan Review Committee. The Loan Review Committee will be convened within fifteen (15) days from the date the appeal is received unless a longer period of time is requested by the appellant. Within five (5) working days from the date the appeal is heard by Loan Review Committee, the City will mail a written response of the Committee’s decision to the appellant. If the appellant is still not satisfied with the decision, they may appeal in writing to the Clovis City Manager following the same timeline and procedures above. The decision of the City Manager will be final.
XXI. PERFORMANCE REPORTING TO HCD
A. During the term of the CalHome Standard Agreement and, no later than 30 days after the end of each calendar quarter, the City will submit a Quarterly- Annual Report as required by HCD.
B. During the term of the Standard Agreement and, no later than 30 days after June 30th of each year and/or within 30 days of the expiration date of the Standard Agreement, the City shall submit, upon request of the Department, a Quarterly-Annual Report on the form provided by the Department.
C. At any time during the term of the Standard Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the Contractor’s program or homeownership development project. At the Department’s request, the Contractor shall provide, at its own expense, a financial audit prepared by a CPA.
D. Signature, Title and Date: The person submitting the Quarterly Status Report must be specifically authorized to sign this type of document and should provide his/her title, then sign and date the form. This form may not be signed by a staff person unless authorized through resolution.
E. Annual Reporting of the Reuse Account
The annual reporting of the Reuse Account will continue for the length of 20 years, until the expiration date of the City’s CalHome Program Monitoring Agreement. This report is required annually and is done after the Standard Agreement has expired to report what has specifically taken place in the Reuse Account during the last year.
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XXII. AUDIT/RETENTION AND INSPECTION OF RECORDS
A. City shall retain any and all records, accounts, documentation, and all other relevant materials pertaining to performance of this Program for a minimum of five (5) years after the expiration of this Agreement for this Program and any and all amendments thereto, unless a longer period of record retention is stipulated.
City shall retain any and all records, accounts, documentation, and all other relevant materials pertaining to performance of the Program for a minimum of five (5) years after the conclusion or resolution of any and all audits or litigation relevant to this Program and related Agreement, unless a longer period of record retention is stipulated.
B. At any time during the term of the Program, HCD may perform or cause to be performed, an independent financial audit of any and all phases of the Work. At HCD’s request, the City shall provide, at its own expense, a financial audit prepared by a certified public accountant.
C. City shall adequately document each transaction to permit the determination, through an audit if requested by HCD, of the accuracy of the records and the allowability of the expenditures paid in whole or in part, with Program funds. If the allowability of an expenditure cannot be determined because records or documentation are inadequate, the questionable expenditure shall be disallowed. The City shall reimburse HCD for the amount of any disallowed expenditures of the City or its agents or subcontractors. Determination by HCD of allowability of any expenditure shall be final.
D. City agrees that HCD, or its delegatee shall have the right to review, obtain, and copy all records pertaining to performance of this Program/Agreement. City agrees to provide HCD or its delegatee with any relevant records, accounts, documentation, and all other relevant materials requested and shall permit HCD or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such records, accounts, documentation, and all other materials relevant to a matter under investigation for the purpose of determining compliance with Gov. Code, section 8546.7, or pursuant to a financial audit under subsection B above. City further agrees to maintain such records for a period of five (5) years after final payment under the Program/Agreement.
XXIII. COMPLIANCE WITH STATE AND FEDERAL LAWS, RULES AND GUIDELINES City agrees at all times to act with respect to the CalHome Program, CalHome activities, and to use the funds committed herein in conformity with all laws applicable to the CalHome Program including those of the State of California, all federal laws, all local rules or ordinances, all Program Requirements, including the CalHome Statutes and Guidelines. City also agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment pra ctices, equal opportunity, and all other matters applicable to the Work.
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XXIV. REUSE ACCOUNT
All repayments of loan principal and any loan interest accrued (collectively “Program Income” or “PI”) will be deposited to a separately maintained CalHome Reuse Account. This is a separate account from the City’s active grant accounts. The City currently maintains a CalHome Reuse Account which includes deposits from all CalHome activities and for all CalHome grants from previously received Program funds. Within the one account the City identifies the grant source of the funds. See Attachment F for the City’s Reuse Account Plan.
XXV. LOAN SERVICING POLICIES AND PROCEDURES
The City has developed a Loan Servicing Plan ( Attachment E), identifying loan servicing duties, such as process for monitoring continued owner -occupancy, verifying annual insurance requirements, calculating payoffs, etc.
XXVI. AMENDMENTS
Amendments to these guidelines may be made by the City whenever appropriate to improve Program effectiveness and to resolve problems. As part of the amendment adoption process, the City will review the policies of the funding source to ensure continuing compliance with published policies. Minor technical amendments will be made by City staff as the program progresses, to ensure proper administration of the program. Policy amendments will be taken before the City Council for their review and approval. Copies of amendments will be submitted to HCD for review and approval.
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ATTACHMENT A
Annual Income Inclusions and Exclusions
Part 5 Inclusions
This table presents the Part 5 income inclusions as stated in the HUD Technical Guide for Determining Income and Allowances for HOME Program (Third Edition; January 2005).
General Category (Last Modified: January 2005)
1. Income from
wages, salaries, tips,
etc.
The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services.
2. Business Income
The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the w ithdrawal is reimbursement of cash or assets invested in the operation by the family.
3. Interest &
Dividend Income
Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in number 2 (above). Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5, 000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD.
4. Retirement &
Insurance Income
The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump -sum amount or prospective monthly amounts for the delayed start of a periodic payment (except for certain exclusions, listed in Income Exclusions, number 14).
5. Unemployment &
Disability Income
Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except for certain exclusions, listed in Income Exclusions, number 3).
6. Welfare
Assistance
Welfare Assistance. Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income:
• Qualify as assistance under the TANF program definition at 45 CFR 260.31; and • Are otherwise excluded from the calculation of annual income per 24 CFR 5.609(c).
If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:
• the amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus:
• the maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family welfare assistance is reduced from the standard of need by applying a percentage, the amount calculated under 24 CFR 5.609 shall be the amount resulting from one application of the percentage.
7. Alimony, Child
Support, & Gift
Income
Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling.
8. Armed Forces
Income
All regular pay, special day, and allowances of a member of the Armed Forces (except as provided in number 8 of Income Exclusions).
Part 5 Exclusions
This table presents the Part 5 income exclusions as stated in the HUD Technical Guide for Determining Income and Allowances for HOME Program (Third Edition; January 2005).
General Category (Last Modified: January 2005)
1. Income of
Children Income from employment of children (including foster children) under the age of 18 years.
2. Foster Care
Payments
Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone).
76 AGENDA ITEM NO. 5.
3. Inheritance and
Insurance Income
Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains, and settlement for personal or property losses (except for certain exclusions, listed in Income Inclusions, number 5).
4. Medical Expense
Reimbursements
Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member.
5. Income of Live-in
Aides Income of a live-in aide (as defined in 24 CFR5.403).
6. Income from a
Disabled Member
Certain increase in income of a disabled member of qualified families residing in HOME -assisted housing or receiving HOME tenant-based rental assistance (24 CFR 5.671 (a)).
7. Student Financial
Aid The full amount of student financial assistance paid directly to the student or to the educational institution.
8. "Hostile Fire" Pay The special pay to a family member serving in the Armed Forces who is exposed to hostile fire.
9. Self-Sufficiency
Program Income
a. Amounts received under training programs funded by HUD. b. Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set side for use under a Plan to Attain Self-Sufficiency (PASS).
c. Amounts received by a participant in other publicly assisted programs that are specifically for, or in reimbursement of, out-of-pocket expenses incurred (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program. d. Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving s a member of the PHA’s governing board. No resident may receive more than one such stipend during the same period of time.
e. Incremental earnings and benefits resulting to any family member from participation in qualifying state or local employment training programs (including training not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment - training program.
10. Gifts Temporary, nonrecurring, or sporadic income (including gifts).
11. Reparation
Payments
Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era.
12. Income from
Full-time Students
Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household or spouse).
13. Adoption
Assistance Payments Adoption assistance payments in excess of $480 per adopted child.
14. Social Security &
SSI Income
Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts.
15. Property Tax
Refunds
Amounts received by the family in the form of refunds or rebates under state or local law for property taxes paid on the dwelling unit.
16. Home Care
Assistance
Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep this developmentally disabled family member at home.
17. Other Federal
Exclusions
Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the Federal Register and distributed to housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. The following is a list of income sources that qualify for that exclusion:
The value of the allotment provided to an eligible household under the Food Stamp Act of 1977; Payments to volunteers under the Domestic Volunteer Service Act of 1973 (employment through AmeriCorps, VISTA, Retired Senior Volunteer Program, Foster Grandparents Program, youthful offender incarceration alternatives, senior companions);
Payments received under the Alaskan Native Claims Settlement Act; Income derived from the disposition of funds to the Grand River Band of Ottawa Indians; Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes;
Payments or allowances made under the Department of Health and Human Services’ Low-Income Home Energy Assistance Program.
Payments received under the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1721); The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U.S. Claims Court and the interests of individual Indians in trust or restricted lands, including the first $2,000 per year of income received by individual Indians f rom funds derived from interests held in such trust or restricted lands;
77 AGENDA ITEM NO. 5.
Amounts of scholarships funded under Title IV of the Higher Education Act of 1965, including awards under the Federal work-study program or under the Bureau of Indian Affairs student assistance programs; Payments received from programs funded under Title V of the Older Americans Act of 1985 (Green Thumb, Senior Aides, Older American Community Service Employment Program); Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.);
Earned income tax credit refund payments received on or after January 1, 1991, including advanced earned income credit payments;
The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990;
Payments received under programs funded in whole or in part under the Job Training Partnership Act (employment and training programs for Native Americans and migrant and seasonal farm workers, Job Corps, veterans employment programs, state job training programs and career intern programs, AmeriCorps).
Payments by the Indians Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation;
Allowances, earnings, and payments to AmeriCorps participants under the National and Community Services Act of 1990;
Any allowance paid under the provisions of 38 U.S.C. 1805 to a child suffering from spina bifida who is the child of a Vietnam veteran;
Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act; and
Allowances, earnings, and payments to individuals participating in programs under the Workforce Investment Act of 1998.
78 AGENDA ITEM NO. 5.
ATTACHMENT B
GROSS INCOME WORKSHEET
(use actual HCD form)
ASSETS
Household Member Assets Description Current Value Actual Income from Assets
(Annualized)*
1. Totals 1(a) 1(b)
2. If line 1(a) is $5,000 or less, enter 0 here and in line 6(d) below.
Income from assets of $5,000 or less is not included in the determination of income eligibility.
2. 3. If line 1(a) is greater than $5,000:
(a) multiply line 1(a) by 2.0% and enter results here 3(a) (b) enter amount from line 1(b) 3(b)
(c) Enter the greater of lines 3(a) or 3(b) here and in line 6(d) below.
3(c)
ANTICIPATED ANNUAL INCOME *
Household Member
a.
Wages/
Salaries
b.
Benefits/
Pensions
c.
Other
Income
d.
Asset
Income
6. Totals
a.
b.
c.
d.
7. Enter total of items from 6a.through 6d. (Total Income)
7. * Use Wage Income Calculations Worksheet (includes method for annualizing amounts)
Completed and Reviewed by: ______________________________ Date: _________ 79 AGENDA ITEM NO. 5.
ATTACHMENT C
Annual Income Asset Inclusions and Exclusions
This table presents the Part 5 asset inclusions and exclusions as stated in the HUD Technical Guide for Determining Income and Allowances for HOME Program (Third Edition; January 2005).
Statements from 24 CFR Part 5 – Last Modified: January 2005 Inclusions
1. Cash held in savings accounts, checking accounts, safe deposit boxes, homes, etc. For savings accounts, use the current balance. For checking accounts, use the average 6 -month balance.
Assets held in foreign countries are considered assets.
2. Cash value of revocable trusts available to the applicant.
3. Equity in rental property or other capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and all reasonable costs (e.g., broker fees) that would be incurred in selling the asset. Under HOME, equity in the family's primary residence is not considered in the calculation of assets for owner-occupied rehabilitation projects.
4. Cash value of stocks, bonds, Treasury bills, certificates of deposit and money market accounts.
5. Individual retirement, 401(K), and Keogh accounts (even though withdrawal would result in a penalty).
6. Retirement and pension funds.
7. Cash value of life insurance policies available to the individual before death (e.g., surrender value of a whole life or universal life policy).
8. Personal property held as an investment such as gems, jewelry, coin collections, antique cars, etc.
9. Lump sum or one-time receipts, such as inheritances, capital gains, lottery winnings, victim's restitution, insurance settlements and other amounts not intended as periodic payments.
10. Mortgages or deeds of trust held by an applicant.
Exclusions
1. Necessary personal property, except as noted in number 8 of Inclusions, such as clothing, furniture, cars and vehicles specially equipped for persons with disabilities.
2. Interest in Indian trust lands.
3. Assets not effectively owned by the applicant. That is, when assets are held in an individual's name, but the assets and any income they earn accrue to the benefit of someone else who is not a member of the household and that other person is responsible for income taxes incurred on income generated by the asset.
4. Equity in cooperatives in which the family lives.
5. Assets not accessible to and that provide no income for the applicant.
6. Term life insurance policies (i.e., where there is no cash value).
Assets that are Part of an Active Business. "Business" does not include rental of properties that are held as an investment and not a main occupation.
80 AGENDA ITEM NO. 5.
ATTACHMENT D
LEAD-BASED PAINT
VISUAL ASSESSMENT, NOTICE OF PRESUMPTION, AND HAZARD REDUCTION FORM
Section 1: Background Information
Property Address: No LBP found or LBP exempt
Select one: Visual Assessment Presumption Hazard Reduction
Section 2: Visual Assessment. Fill out Sections 1, 2, and 6. If paint stabilization is performed, also fill out Sections 4 and 5 after the work is completed.
Visual Assessment Date: Report Date:
Check if no deteriorated paint found
Attachment A: Summary where deteriorated paint was found.
Section 3: Notice of Presumption. Fill out Sections 1, 3, 5, and 6. Provide to occupant w/in 15 days of presumption.
Date of Presumption Notice:
Lead-based paint is presumed to be present and/or Lead-based paint hazards are presumed to be present
Attachment B: Summary of Presumption:
Section 4: Notice of Lead-Based Paint Hazard Reduction Activity. Fill out Sections 1, 4, 5, and 6.
Provide to occupant w/in 15 days of after work completed.
Date of Hazard Reduction Notice:
Initial Hazard Reduction Notice? Yes No Start & Completion Dates:
If “No”, dates of previous Hazard Reduction Activity Notices:
Attachment C: Activity locations and types.
Attachment D: Location of building components with lead-based paint remaining in the rooms, spaces or areas where activities were conducted.
Attachment E: Attach clearance report(s), using DHS form 8552 (and 8551 for abatement activities)
Section 5: Resident Receipt of Notice for Presumption or Lead-Based Paint Hazard Reduction Activity Printed Name: Signature: Date:
Section 6: Contact Information Organization:
Contact Name: Contact Signature:
Date: Address: Phone:
81 AGENDA ITEM NO. 5.
ATTACHMENT E
City of Clovis – Loan Servicing Policies and Procedures The City of Clovis, hereafter called " City," has adopted these policies and procedures to preserve its financial interest in properties whose "Borrowers" have been assisted with public funds. The City will to the greatest extent possible follow these policies and procedures, but each loan will be evaluated and handled on a case -by-case basis. The City has formulated this document to comply with state and federal regulations regarding the use of these public funds and any property restrictions, which are associated with them.
1. Loan Repayments:
The City will collect monthly payments from those borrowers who are obligated to do so under Notes which are amortized promissory notes. Late fees will be charged for payments received after the assigned monthly due date.
For Notes which are deferred payment loans, the City will accept voluntary payments on the loan. Loan payments will be credited to principal. The Borrower may repay the loan balance, and any interest as applicable, at any time with no penalty. Partial repayments will be annotated in the City’s loan portfolio, and individual homeowner file.
2. Annual Occupancy Restrictions and Certifications:
On owner-occupant loans, the City will require that Borrowers annually certify owner occupancy, during the term of the loan, by submitting utility bills and/or other documentation. For CDBG, some loans may have income and housing cost evaluations, which require a household to document tha t they are not able to make amortized loan payments, typically every five years. These loan terms are incorporated in the original Note and Deed of Trust. On HOME -funded loans, annual occupancy verification will occur between January 1 and 15 of each year for the term of the loan.
Annual occupancy certifications will be consolidated into a once per year requirement occurring approximately October 15, of each year, for all Housing Programs.
NOTE: In regards to CalHome Program loans: 1) loans are not assumable, and cannot be reassigned if original Borrower is no longer occupying the assisted home; 2) when an owner is not residing in the home due to illness and/or hospitalization, the situation may be considered as a continued owner -occupancy only for the initial six months of absence.
3. Loan Discounting (Owner-Occupied Rehabilitation):
When actual costs to rehabilitate a home is lower than the amount borrowed in the Promissory Note, the City will discount the Note by writing the discount on the back of the Note and identifying the revised amount in the City’s Loan Portfolio and File documentation.
4. Request for Payoff Demands:
City will process request for payoff demands by calculating loan payoffs, including any applicable interest schedules. The calculation will be provided to the owner, escrow officer, or City, with a “good until” date, at which time, if the loan isn’t paid off in full, the Borrower will have to request and receive an updated payoff letter from the City. 82 AGENDA ITEM NO. 5.
Once the loan is paid in full, the City will draft and execute a Full Reconveyance, and have the notarized document recorded at the County Recorder’s office. The repayment will be processed according to the funding program Reuse Account Plan, and the loan taken off of the City‘s loan portfolio.
5. Payment of Property Taxes and Insurance:
As part of keeping the loan from going into default, borrower must maintain property insurance coverage naming the City as loss payee. Except for HOME-funded loans, if borrower fails to maintain the necessary insurance, the City may take out force placed insurance to cover the property while the Borrower puts a new insurance policy in place.
All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower's new insurance.
When a property is located in a 100 -year flood plain, the Borrower will be required to carry the necessary flood insurance. A certificate of insurance for flood and for standard property insurance with an endorsement naming the City of Clovis as City loss payee will be required at close of escrow. The City will verify the insurance on an annual basis.
Property taxes must be kept current during the term of the loan. If the Borrower fails to maintain payment of property taxes then the City may pay the taxes current and add the balance of the tax payment plus any penalties to the balance of the loan (not permissible when funded with HOME).
Wherever possible, the City encourages Borrower to have impound accounts set up with their first mortgagee wherein they pay their taxes and insurance as part of their monthly mortgage payment. The City will verify the continued payment of property taxes on an annual basis.
6. Required Request for Notice of Default:
When the Borrower's loan is in second position behind an existing first mortgage, it is the City's policy to prepare and record a "Request for Notice of Default" for each senior lien in front of City's loan. This document requires any senior lienholder listed in the notice to notify the City of initiation of a foreclosure action. The City will then have time to contact the Borrower and assist them in bringing the first loan current, if possible.
The City can also monitor the foreclosure process and go throu gh the necessary analysis to determine if the loan can be made whole or preserved. When the City is in a third position and receives notification of foreclosure from only one senior lienholder, it is in their best interest to contact any other senior lienholders regarding the status of their loans.
7. Required Noticing and Restrictions on Any Changes of Title or Occupancy:
In all cases where there is a change in title or occupancy or use, the Borrower must notify the City in writing of any change. City and Borrower will work together to ensure the property is kept in compliance with the original Program terms and conditions such that it remains available as an affordable home for low-income families. These types of changes are typical when Borrowers do estate planning (adding a relative to title) or if a Borrower dies and property is transferred to heirs or when the property is sold or 83 AGENDA ITEM NO. 5.
transferred as part of a business transaction. In some cases, the Borrower might move and turn the property into a rental unit without notifying the City. Changes in title or occupancy must be in keeping with the objective of benefit to low -income households (below 80 percent of AMI).
Change from owner-occupant to owner-occupant occurs at a sale. When a new owner- occupant is not low -income, the loan is not assumable and the loan balance is immediately due and payable. If the new owner-occupant qualifies as low-income, the purchaser may either pay the loan in full or assume all loan repayment obligations of the original owner -occupant, subject to the approval of the City's Loan Committee (depends on the program).
NOTE: CalHome Program loans are not assumable, and cannot be reassigned if original Borrower is no longer occupying the assisted home, unless the transfer meets the requirements in Section 8 below.
If a transfer of the property occurs through inheritance, the heir (as owner -occupant) may be provided the opportunity to assume the loan at an interest rate based on household size and household income, provided the heir is income eligible. If the heir intends to occupy the property and is not low -income, the balance of the loan is due and payable. For CDBG only, if the heir intends to act as an owner investor (not permitted under HOME), the balance of the loan may be converted to an owner/investor interest rate and loan term and a rent limitation agreement is signed and recorded on title. All such changes are subject to the review and approval of the City's Loan Committee.
Change from owner -occupant to owner -investor occurs when an owner -occupant decides to move out and rent the assisted property, or if the property is sold to an investor. If the owner converts any assisted unit from owner-occupied to rental, the loan is due in full.
Conversion to use other than residential use is not allowable where the full use of the property is changed from residential to commercial or other. In some cases, Borrowers may request that the City allow for a partial conversion where some of the residence is used for a business but the household still resides in the property. Partial conversions can be allowed if it is reviewed and approved by any and all agencies required by local statute. If the use of the property is converted to a fully non -residential use, the loan balance is due and payable.
8. Request for CalHome Loan Transfer:
In regards to CalHome Loans, the following transfers of interest shall not require the repayment of the loan:
• Transfer to a surviving joint tenant by devise, descent, or operation of law on the death of a joint tenant;
• A transfer, in which the transferee is a person who occupies or will occupy the property, which is:
o A transfer where the spouse becomes an owner of the property; 84 AGENDA ITEM NO. 5.
o A transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement by which the spouse becomes an owner of the property; or
o A transfer into an intervivos trust in which the Borrower is and remains the beneficiary and occupant of the property.
9. Requests for Subordinations after loan is Recorded:
When a Borrower wishes to refinance their existing first mortgage, they must submit a subordination request to the City. The City will subordinate their loan only when there is no "cash out" as part of the refinance. No cash out means there are no additional charges on the transaction above loan and escrow closing fees. There can be no third- party debt payoffs or additional encumbra nces on the property above traditional refinance transaction costs. The refinance should lower the existing housing cost of the household. The total indebtedness on the property should not exceed the current market value except when the borrower is obtaining a HARP II or other similar federally approved refinance loan. If the HARP II or other similar financing is approved and meets all other requirements, combined· Loan -To-Value will not be considered when reviewing the subordination request.
For CalHome Program loans: 1) the new senior lien must be for rate or term changes only, and may include financed closing costs; 2) the term of the new senior lien must mature concurrently or after the CalHome lien; 3) the new senior lien must be amortized for the entire period of the loan (negative amortization, balloon payments, or changes in payments are not allowed – all terms required of a first lien placed concurrently with a CalHome lien apply).
Also, the loan must:
• be fully amortized and have a fixed interest rate that does not exceed the current market rate, as established by an index identified in the most recent NOFA; • not have a temporary interest rate buy-down;
• have a term "all due and payable" that matures prior to or concurrently with the maturity date of the Promissory Note. Therefore, the maturity date of the existing Promissory Note should be modified to coincide with the maturity date of the new first mortgage; and,
• not have a balloon payment due before the maturity date of the Program loan.
Upon receiving the proper documentation from the refinance City, the request will be considered by the loan committee for review and approval. Upon approval, the escrow company will provide the proper subordination document for execution and recordation by the Sponsor.
10. Process for Loan Foreclosure:
Upon any condition of loan default: 1) non -payment (if required); 2) lack of insurance or property tax payment; 3) change in title or use without approval; 4) default on senior loans, the City will send out a letter to the Borrower notifying them of the default 85 AGENDA ITEM NO. 5.
situation. If the default situation continues then the City may start a formal process of foreclosure.
When a senior lienholder starts a foreclosure process and the City is notified via a Request for Notice of Default, the City, who is the junior lienholder, may cancel the foreclosure proceedings by "reinstating" the senior lienholder. The reinstatement amount or payoff amount must be obtained by contacting the senior lienholder. This amount will include all delinquent payments, late charges and fees to date. City must confer with Borrower to determine if, upon paying the senior lienholder current, the Borrower can provide future payments. If this is the case then the City may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional Advance on the existing note.
If the City determines, based on information on the reinstatement amount and status of Borrower, that bringing the loan current will not preserve the loan, then staff must determine if it is cost effective to protect their position by paying off the senior lienholder in total and restructure the debt such that the unit is made affordable to the Borrower.
If the City does not have sufficient funds to pay the senior lienholder in full, then they may choose to cure the senior lienholder and foreclose on the property themselves. As long as there is sufficient value in the property, the City can afford to pay for the foreclosure process and pay off the senior lienholder and retain some or all of their investment.
If the City decides to reinstate, the senior lienholder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4) to six (6) months from the date of recordi ng of the "Notice of Default." If the City fails to reinstate the senior lienholder before five (5) days prior to the foreclosure sale date, the senior lienholder would then require a full pay off of the balance, plus costs, to cancel foreclosur e. If the City determines the reinstatement and maintenance of the property not to be cost effective and allows the senior lienholder to complete foreclosure, the City's lien may be eliminated due to insufficient sales proceeds.
11. City as Senior Lienholder
When the City is first position as a senior lienholder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the City may consider foreclosure. City's staff will consider the following factors before initiating foreclosure:
• Can the loan be cured and can the rates and terms be adjusted to allow for affordable payments such that foreclosure is not necessary? • Can the Borrower refinance with a private City and pay off the City? • Can the Borrower sell the property and pay off the City? o Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
86 AGENDA ITEM NO. 5.
• Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and
• Will there be marketing costs?
If the balance is substantial and all of the above factors have been considered, the City may "opt to initiate foreclosure. The Borrower must receive, by certified mail, a thirty - day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the City to prevent foreclosure (such as, funds to bring a delinquent BMIR current or pay off a DPL).
At the end of thirty days, the City should contact a reputable foreclosure service or local title company to prepare and record foreclosure documents and make all necessary notifications to the owner and junior lienholders. The service will advise the City of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure proceedings. The service will keep the City informed of the progress of the foreclosure proceedings.
When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the City could sell the home themselves under a homebuyer program or use it for an affordable rental property managed by a local housing authority or use it for transitional housing facility or other eligible use. The City could contract with a local real estate broker to list and sell the home and use those proceeds for program income eligible uses.
12. Records Retention
The Originals of legal documents (i.e. Promissory Note, Deed of Trust, Request for Notice of Default or Sale, Reconveyances and Cancelled Loan documents, etc.) will be kept in a secure location with restricted access.
All documentation pertaining to the applications, loans, inspections, work write-ups, etc., or the operation of the City’s Housing Program will remain available to funding agency staff for three years after termination of the funding Agreement, or as required by the agency.
87 AGENDA ITEM NO. 5.
ATTACHMENT F
City of Clovis – Reuse Account Plan (CalHome Program)
The City of Clovis (“City”) commits to maintaining policies and procedures that segregate CalHome funds for future reuse. This reuse account plan is intended to satisfy the requirements specified in Article 2, Section 7724 of the CalHome Program, Title 25 California Code of Regulations, Division 1, Chapter 7, sub Chapter 9, commencing with Section 7715.
CalHome loans shall be managed in accordance with the following policies:
1. All repayments of CalHome loan principal and interest shall be received by the City and deposited into a separate reuse account maintained by the City’s Finance Department.
The City provides a detailed tracking system to document CalHome loans, including borrower name and address, loan/reference number, grant year, APN, date loan was provided and date of loan maturity, and principal and interest.
2. The reuse account shall be an interest-bearing account into which all earned interest shall be deposited. Interest earned shall be considered reuse funds and will be reused for CalHome Program eligible purposes.
3. All funds deposited into the reuse account shall be the property of the City.
4. All CalHome reuse funds shall be expended in accordance with CalHome Program regulations. This includes, but is not limited to, restriction on income levels of recipients, homebuyer education requirements, and maximum loan amounts.
5. Reuse funds may be used for CalHome Program eligible activities, including the following:
a. First-time homebuyer mortgage assistance;
b. Cost of homebuyer education for each borrower receiving mortgage assistance from the reuse account (not to exceed maximum CalHome allowance); c. Loan processing administrative costs , as applicable, in accordance with CalHome Program requirements in effect at the time of the loan; d. Up to five percent (5%) for loan servicing;
e. Owner-occupied rehabilitation assistance;
f. Mobile home replacement; and
g. Housing development projects.
6. A portion of the funds deposited in the CalHome reuse account may be used to pay for the delivery of CalHome activities funded from the reuse account. The amount is dependent upon the activity funded and is calculated as a percentage of the loan made.
7. Reuse funds will only be used within the city limits of Clovis.
8. The City will strive to utilize CalHome reuse funds on an ongoing basis.
9. The City will comply with all HCD reporting requirements regarding the use of CalHome reuse funds.
10. The City shall allow HCD full access to the reuse account records for the purpose of determining the City’s compliance with CalHome regulations.
11. The City has the authority to amend this document. All amendments to the Reuse Account Plan are subject to final approval by HCD.
88 AGENDA ITEM NO. 5.
TO: Mayor and City Council
FROM: General Services Department
DATE: March 4, 2025
SUBJECT: General Services – Approval - Res. 25-___, Adopting Amendments to the Deputy City Engineer Salary Schedule.
ATTACHMENTS: 1. Resolution 25-___, Salary Schedule
RECOMMENDATION
For the City Council to approve a resolution authorizing an amendment to the Deputy City Engineer position salary schedule.
EXECUTIVE SUMMARY
The Planning and Development Services Department is requesting an amendment to the pay scale for the Deputy City Engineer position to ensure equity with the Principal Utilities Engineer classification. This position is classified as a management position and works directly with both the City Engineer and the Planning and Development Services Director. The increased responsibilities associated with this position should be reflected in a pay scale comparable to that of the Principal Utilities Engineer.
BACKGROUND
The Deputy City Engineer position has been vacant since 2008, and the Department is currently recruiting for it. Due to this prolonged vacancy, the current pay scale has become outdated with the Deputy City Engineer's salary being 10% lower than that of the Pr incipal Utilities Engineer.
Both positions require similar qualifications and entail equally challenging job duties. It is requested that the pay scale be adjusted to better reflect the responsibilities of the position. The proposed adjustment would increase all five salary steps for the Deputy City Engineer position by 10%. The current monthly salary range for the Deputy City Engineer is $11,367 to $13,817, while the new proposed range would be $12,513 to $15,210.
FISCAL IMPACT
There is sufficient funding for this adjustment within the existing Planning and Development Services budget. The position was budge ted in the FY 2024 -2025 budget and the position is currently vacant.
89 AGENDA ITEM NO. 6.
REASON FOR RECOMMENDATION
The Deputy City Engineer’s pay scale will be amended to reflect the increase in job responsibilities that are equivalent to the Principal Utilities Engineer.
ACTIONS FOLLOWING APPROVAL
The management salary schedule for the Deputy City Engineer will be amended as proposed.
CONFLICT OF INTEREST
None.
Prepared by: Lori Shively, Deputy General Services Director
Reviewed by: City Manager AH
90 AGENDA ITEM NO. 6.
ATTACHMENT 1
RESOLUTION 25-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S MANAGEMENT SALARY SCHEDULE FOR THE
DEPUTY CITY ENGINEER CLASSIFICATION IN THE PLANNING AND
DEVELOPMENT SERVICES DEPARTMENT
WHEREAS, it has been determined that amendments to the management salary schedule related to the Deputy City Engineer classification are necessary to solve the internal equity issues; and
WHEREAS, the amendments are also necessary due to the additional responsibilities of the Deputy City Engineer position; and
WHEREAS, modification of the City’s Management Salary Sch edule requires authorization by the City Council.
NOW THEREFORE, BE IT RESOLVED , that the City of Clovis will modify the City’s Management Salary Schedule to include the Deputy City Engineer change noted in Attachment A.
* * * * *
The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on March 4, 2025, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dated: March 4, 2025
___________________________ __________________________ Mayor City Clerk
91 AGENDA ITEM NO. 6.
ATTACHMENT A
Management Salary Schedule Amendment
Deputy City Engineer
Step 1
Step 2
Step 3
Step 4
Step 5
Current Salary Range
$11,367
$11,935
$12,532
$13,159
$13,817
Proposed Salary Range
$12,513
$13,139
$13,796
$14,486
$15,210
92 AGENDA ITEM NO. 6.
TO: Mayor and City Council
FROM: General Services Department
DATE: March 4, 2025
SUBJECT: General Services – Approval – Res. 2 5-___, Amending the City’s FY 2024-2025 Position Allocation Plan by adding three (3) Police Officer/Recruits, one (1) Animal Control Officer, one (1) Community Service Officer, and one (1) Police Records Specialist I position within the Police Department.
ATTACHMENTS: 1. Resolution 25-____ Position Allocation Plan
RECOMMENDATION
For City Council to approve a resolution amending the City's FY 2024 -2025 Position Allocation Plan by adding three (3) Police Officer/Recruit positions, one (1) Animal Control Officer position, one (1) Community S ervice Officer position, and one (1) Police Records Specialist I position within the Police Department.
EXECUTIVE SUMMARY
Currently, the Police Department is authorized to have eighty-six (86) Police Officer/Recruits, six (6) Animal Control Officers, fift een (15) Community Service Officers, and seven (7) Police Records Specialist I positions. However, to accommodate the City’s growth, the Department needs to add three (3) Police Officer/Recruit positions, one (1) Animal Control Officer, one (1) Community Service Officer, and one (1) Police Records Specialist I position. Council approval is required to amend the Position Allocation Plan.
BACKGROUND
The Police Department has evaluated its work assignments and determined the need to add positions to the Posit ion Allocation Plan. Adding three (3) Police Officer/Recruit positions, one (1) Animal Control Officer, one (1) Community Service Officer, and one (1) Police Records Specialist I position will better support the department's current operations. A recent assessment concluded that these positions are necessary to provide adequate support and address the growing needs of the community. Consequently, changes to the position allocation are required, necessitating an amendment to the City’s Position Allocation Pl an and approval from the City Council.
93 AGENDA ITEM NO. 7.
FISCAL IMPACT
The fiscal impact of salary and benefits for the remainder of FY 202 4-2025 is approximately an additional $128,000. There are adequate funds in the Police Department budget to cover the costs of these positions for this fiscal year.
REASON FOR RECOMMENDATION
The addition of three (3) Police Officer/Recruit positions, one (1) Animal Control Officer, one (1) Community Service Officer, and one (1) Police Records Specialist I, reflects the evolving level of responsibility for staff needed within the Police Department.
ACTIONS FOLLOWING APPROVAL
The position allocation for the Police Department will be modified as noted in Attachment A of Attachment 1.
CONFLICT OF INTEREST
None.
Prepared by: Lori Shively, Deputy General Services Director
Reviewed by: City Manager AH
94 AGENDA ITEM NO. 7.
ATTACHMENT 1
RESOLUTION 25-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S FY 2024-2025 POSITION ALLOCATION PLAN
WHEREAS, the FY 2024-2025 Position Allocation Plan in the Police Department was approved as part of the FY 2024-2025 City Budget adoption process; and
WHEREAS, a review of the Police Department's staffing needs indicates that adding three (3) Police Officer/Recruit positions, one (1) Animal Control Officer, one (1) Community Service Officer, and one (1) Police Records Specialist I position is necessary to provide the required support for the department; and
WHEREAS, amending the City’s adopted FY 2024-2025 Position Allocation Plan requires City Council authorization.
NOW THEREFORE, BE IT RESOLVED that the City of Clovis shall amend the City’s FY 2024-2025 Position Allocation Plan as noted in Attachment A.
* * * * * *
The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on March 4, 2025, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: March 4, 2025
___________________________ __________________________ Mayor City Clerk
95 AGENDA ITEM NO. 7.
ATTACHMENT A
POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 2024-2025
DEPARTMENT NUMBER OF POSITIONS
Police
Add: Police Officer/Recruit 3.0
Add: Animal Control Officer 1.0
Add: Community Service Officer 1.0
Add: Police Records Specialist I 1.0
96 AGENDA ITEM NO. 7.
TO: Mayor and City Council
FROM: Administration
DATE: March 4, 2025
SUBJECT: Workshop - Community Facilities District (CFD) for maintenance and operation services.
Staff: Paul Armendariz, Interim Assistant City Manager
Recommendation: Provide Direction
ATTACHMENTS: None.
RECOMMENDATION
For the City Council to provide direction and consider authorizing staff to proceed with the formation process of a Maintenance Community Facilities District (CFD) to provide funding for the ongoing maintenance and operation of public facilities such as landscaping, parks, street lighting, traffic signals and other community amenities.
EXECUTIVE SUMMARY
The City has ex perienced unsustainable cost increases to the streetlighting and traffic signal budget, primarily due to PG&E rate increases over the past several years. Funding of streetlights is currently paid for by the General Fund and Highway User Tax Account (HUTA). As new streetlights and traffic signals are being added in the City, this has placed an additional strain on the current funds available . Consequently, City staff are exploring alternative funding mechanisms to support new growth areas.
Additionally, the City currently uses a Landscape Maintenance District (LMD) to fund the maintenance of public landscaping. The creation of a Maintenance CFD for future growth areas would provide a more comprehensive approach for funding City public facili ties and amenities and could be used instead of an LMD.
The primary purpose of Maintenance CFDs is to ensure that public amenities and infrastructure are well-maintained and continue to provide benefits to the community. Maintenance CFDs are funded through special taxes levied on properties within the district. These taxes are typically collected annually and are used exclusively for the maintenance and operation of the specified facilities and infrastructure.
97 AGENDA ITEM NO. 8.
The special tax rate for Maintenance CFD s is set based on the estimated costs of maintaining the facilities and infrastructure. This rate may be adjusted annually to account for inflation or changes in maintenance costs. The Rate and Method of Apportionment (RMA) approved at CFD formation and for each subsequent annexation outlines how the special tax is calculated and distributed among properties within the CFD.
BACKGROUND
Community Facilities Districts (CFDs) in California are special tax districts created under the Mello-Roos Community Facili ties Act of 1982. They provide funding for various public improvements and ongoing services within a specific area. Maintenance CFDs can fund a broad range of public services including but not limited to, operations and maintenance of street lighting, traffic signals, public landscaping, and parks. A special tax is levied on the property tax bill of taxable property within the district boundaries.
The maximum tax rate for a CFD is set through a process that involves several steps:
1. Formation of the CFD: The process begins with the formation of the CFD, which can be initiated by registered voters, landowners, or members of a legislative body. The formation includes adopting local goals and policies outlining the criteria under which CFDs may be used for facilities, services, or both.
2. Rate and Method of Apportionment (RMA): The Rate and Method of Apportionment (RMA) is established, which outlines how the special tax will be levied on properties within the CFD. The RMA considers factors such as property size, land use, and the benefits received from the funded improvements or services.
3. Approval by Voters or Landowners: The proposed special tax rate must be approved by either the registered voters residing within the CFD boundaries or the landowners if there are fewer than 12 registered voters. A two-thirds majority is required for approval.
It is common for these types of proceedings to be conducted with landowner voters who will agree to waive many election requirements.
4. Annual Adjustments: Once the CFD is established and the special tax rate is approved pursuant to the RMA, the maximum special rate may be subject to annual adjustments based the Consumer Price Index (CPI) or other inflationary measures. These adjustments ensure that the tax rate remains sufficient to cover the costs of the funded improvements or services.
5. Ongoing Administration: The CFD requires ongoing administration to ensure that the special taxes are collected and used appropriately. This includes annual discl osure reports and presentations to the relevant governing bodies.
FISCAL IMPACT
Establishment of a Maintenance CFD will provide a long-term sustainable funding source as the City continues to develop and add community amenities. A CFD could alleviate use of existing funding mechanisms, like General Fund and HUTA, going forward and allow those funds to be used for other city services and resources.
REASON FOR RECOMMENDATION
Establishing a maintenance CFD for future development w ill help ensure a sustainable funding mechanism for the operation and maintenance o f public improvements. This will help e nsure a 98 AGENDA ITEM NO. 8.
long-term upkeep of community facilities, preserving property values and enhancing quality of life. Costs are shared among proper ty owners who benefit from the maintained facilities and services commensurate to the level of maintenance and improvements for each respective community.
ACTIONS FOLLOWING APPROVAL
Staff will work with a consultant to determine the CFD special tax structure and maximum rates.
Should this be approved, staff will work to identify an initial boundary of the CFD which will likely encompass undeveloped property. An adoption of a Resolution of Intention to Establish a CFD would then be brought to Council for consideration and a Public Hearing and landowner election would follow.
CONFLICT OF INTEREST
None.
Prepared by: Paul Armendariz, Interim Assistant City Manager
Reviewed by: City Manager AH
99 AGENDA ITEM NO. 8.
TO: Mayor and City Council
FROM: Administration
DATE: March 4, 2025
SUBJECT: Provide Direction – Discussion and guidance on defining the criteria and establishing the Measure Y Oversight Committee.
Staff: Briana Parra, City Clerk
Recommendation: Provide Direction
ATTACHMENTS: None.
RECOMMENDATION
Based on recent Council direction, Staff recommends that the City Council discuss potential criteria for establishing the Measure Y Oversight Committee and provide direction on the desired committee composition, appointment, responsibilities, and its structure, terms, and any other desired requirements for the proposed resolution to be brought back for Council consideration.
EXECUTIVE SUMMARY
On January 21, 2025, the City Council directed staff to explore the establishment of a Measure Y Oversight Committee, including best practices for str ucturing and operating the committee to ensure transparency and accountability.
Staff has reviewed oversight committees established recently in other cities with approved tax measures last November. The specific committees of the other cities are addressed below. To ensure the effectiveness of the committee, staff seeks Council’s direction on key aspects, including member appointment, term lengths, potential qualification requirements (such as financial, legal, or community service backgrounds), oversigh t scope, meeting frequency, and reporting to the Council. Based on the committees’ staff reviewed elsewhere, it is recommended the committee meet annually to review Measure Y expenditures and fiscal reports from the previous fiscal year and could provide recommendations to the City Council for anticipated future spending.
Council’s guidance will shape the formation of the Measure Y Oversight Committee, ensuring it functions as a transparent and effective advisory body.
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AGENDA ITEM NO. 9.
BACKGROUND
On November 5, 2024, Clovis voters approved Measure Y, a ballot measure implementing a
1.0% Transactions and Use Tax within the City of Clovis. The measure passed with 66.92% of the vote and will take effect on April 1, 2025. This general tax will generate additional revenue for various lawful purposes, including, but not limited to, maintaining 9 -1-1 emergency medical, police, fire, and paramedic response; fire protection; police patrols; keeping public areas safe and clean; retaining local small businesses and jobs; protectin g local drinking water sources; accelerating repairs to streets and roads; addressing homelessness; maintaining youth programs and parks; and other general City services. On December 16, 2025, the City Council formalized an agreement with the California Department of Tax and Fee Administration (CDTFA) for the collection and administration of Measure Y funds.
Currently, there is no oversight committee to monitor the funds generated by Measure Y. On January 21, 2025, the City Council expressed interest in es tablishing a Measure Y Oversight Committee to ensure transparency and public accountability in the use of the additional general fund revenue generated by the Measure Y tax. To develop an effective oversight structure, staff examined best practices in fina ncial oversight, community representation, and accountability from similar committees in other cities.
Based on this review, staff recommends the creation of a five -member Measure Y Oversight Committee, with each City Councilmember appointing one representative. The committee would meet annually to review Measure Y expenditures, ensure funds are used as intended, and provide recommendations to the City Council. As an advisory body, the committee would enhance transparency and accountability in the expenditure of Measure Y tax revenue.
Staff seeks Council’s direction on the following key elements to establish the committee, which can be formally established by resolution.
Committee Member Qualifications: Should members have backgrounds in finance, law, community service or some other desired expertise?
Committee Formation Process: How many members are desired and how should members be selected and appointed?
Appointment Term Lengths: What should be the duration of committee member appointments?
Oversight Scope: What role should the committee play in reviewing expenditures and making recommendations?
Reporting Requirements: How should the committee report its findings to the Council? Length of the Committee’s Existence: Should it remain active for the duration of Measure Y’s funding or have a specific end date?
Council’s direction on these elements will help staff and the City Attorney’s office prepare the necessary resolution.
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AGENDA ITEM NO. 9.
COMPARING OVERSIGHT COMMITTEES IN OTHER CITIES
Several cities have recently implemented oversight committees for tax measures similar to Measure Y. Below are some key features from those cities that could inform the structure of Clovis' committee: through an
Rio Vista: Voters approved Measure K, a 1% Transactions and Use Tax, in November 2024, for a period of five years, taking effect on April 1, 2025. The Measure K Oversight Committee was established by ordinance and resolution to ensure proper oversight of tax revenues. It consists of five members, with an additional non -voting City Council liaison serving a one -year term. The committee meets quarterly to review the annual independent audit of Measure K revenues and expenditures, advising the City Council on spending priorities.
Hanford: Voters approved Measure H, a 1% Transact ions and Use Tax, in November 2024, comprised of nine (9) members appointed at-large through an application process and interview with City Council. Five members serve an initial three -year term, while four members serve an initial two-year term. The Measure H Oversight Board is responsible for reviewing expenditures, analyzing independent audits, and advising the City Council on budget priorities and expenditure plans.
Westminster: Voters approved Measure E in November 2024, implementing a 0.5% Transactions and Use Tax. The Measure E Oversight Committee, composed of five members appointed by City Councilmembers, each serves at the pleasure of the appointing Councilmember and will serve until the Councilmember leaves office or until the sunset of Measure E. The committee is responsible for reviewing the City’s audited financial reports and budget reports related to Measure E before presenting findings to the City Council.
FISCAL IMPACT
None.
REASON FOR RECOMMENDATION
The recommendation is based on staff’s best practices for transparency, accountability, and effective oversight to ensure Measure Y funds are reviewed and aligned with the communities’ top priorities.
ACTIONS FOLLOWING APPROVAL
Following Council direction and feedback, a draft resolution will be prepared for the formation of a Measure Y Oversight Committee and return to Council for further consideration and action.
CONFLICT OF INTEREST
None.
Prepared by: Briana Parra, City Clerk
Reviewed by: City Manager AH
102
AGENDA ITEM NO. 9.
TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: March 4, 2025
SUBJECT: Consider various actions associated with CIP 16 -19, the State Route 168/Enterprise Canal Pedestrian Bridge Project, east of Temperance Avenue and south of Owens Mountain Parkway.
a. Consider Approval - Res. 25 -__, A resolution of the City Council adopting an environmental finding of a negative declaration as a responsible agency under CEQA Guidelines Section 15381.
b. Consider Approval - A request for the City Council to approve the completed Phase 1 of the project consisting of preliminary design , architectural aesthetics evaluation study, preliminary geotechnical investigation, environmental clearance, and community outreach meetings.
c. Consider Approval – A request for the City Council to approve terminating Phase 2 of the project consisting o f right of way acquisition, and final design including plans, specifications, and estimate.
Staff: Fernando Copetti, Supervising Civil Engineer /Ryan Burnett , Engineering Program Manager
Recommendation: Approve
ATTACHMENTS: 1. Vicinity Map
2. Bridge Preliminary Plans
3. Cost Estimates
4. Project Report
5. Staff Report from January 2022 Council Meeting
6. Res. 25-__, CEQA Guidelines Section 15381
7. Initial Study/Negative Declaration
103
AGENDA ITEM NO. 10.
RECOMMENDATION
1. For the City Council to approve the attached Res. 25-___, CEQA Guidelines Section 15381.
2. For the City Council to approv e Phase 1 of the project consisting of preliminary design, architectural aesthetics evaluation study, preliminary geotechnical investigation, environmental clearance, and community outreach meetings.
3. For the City Council to approve terminating Phase 2 of the project consisting of right of way acquisition, and final design including plans, specifications, and estimate.
EXECUTIVE SUMMARY
City staff, in collaboration with our Consultant, Biggs Cardosa Associates , Inc. (BCA), have completed Phase 1 of the State Route 168 / Enterprise Canal Pedestrian Bridge project which includes preliminary design, architectural aesthetics evaluation study, preliminary geotechnical investigation, environmental clearance, and community outreach meetings.
In January 2022, with ongoing work in Phase 1, Staff presented to City Council a project status update and provided three options for council’s consideration as follows:
Option 1: Complete all Phase 1 work and then terminate the design contract with BCA. Option 2: Complete all Phase 1 and Phase 2 work and seek additional design funds to finish all associated tasks.
Option 3: Immediately terminate the design contract with BCA.
Staff explained the consequences of each option including the impact on the project deliverables and financial implication s. Staff recommended Option 3 due to the substantially higher than expected construction estimates and the fiscal hurdles encountered throughout the project. City Council directed staff to complete Phase 1 and then take the item back to Council to determine whether to move forward into final design and preparation of construction documents, Phase 2.
The staff report from the January 2022 council meeting is provided in Attachment 5 as reference.
Since January of 2022, staff has been working with BCA and Caltrans to complete Phase 1 work.
Community outreach was performed via two workshops to obtain feedback from residents. The project has environmental clearance in accordance with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Phase 1 has been completed. Staff is now seeking City Council approval for Phase 1. After the City has approved Phase 1; Caltrans, who is acting as the lead agency for environmental review, will take the item to the California Transportation Commission in accordance with Caltrans process for their approval. This project is required to follow the Caltrans process because the bridge improvements are within State Route 168.
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AGENDA ITEM NO. 10.
Staff and BCA developed three bridge type concepts and their respective construction estimates.
The estimates are significantly higher than originally estimated . The table below shows the increased estimated costs over the years.
Year Estimated Cost Caltrans Box
Girder
Tied-Arch
Signature
Cable-Stayed
Signature
2018 Construction -- $6.5M $6.5M
*Total -- $10.5M $10.5M
2022 Construction $10.7M $15.1M $17.5M
*Total $15.7M $22.7M $24.9M
2024 Construction $14.9M $27.5M $29.1M
*Total $20.7M $36.6M $38.8M
*Toal cost includes right-of-way acquisition, design services and construction support Due to substantially higher than expected construction estimates , limited grant funding opportunities of this magnitude , lack of local funds to leverage grants, and staffing resources ; Staff is recommending approving Phase 1 with selection of Caltrans Box Girder Bridge for environmental clearance purposes and to terminate Phase 2. The studies and documentation prepared for Phase I can be used to support grant proposals for any future phases of the project.
BACKGROUND
The City’s goal for the Class I trail/pedestrian bridge over State Route 168 is to provide safe and efficient movement of pedestrians and bicyclists along the Enterprise Canal Trail. The proposed project also serves to improve air quality, decrease traffic congestion, and reduce the potential of vehicle related collisions with bicycles and pedestrians. Currently the Enterprise Canal Trail terminates north of Owens Mountain Parkway, where bicyclists and pedestrians are routed to Temperance Avenue. Without the pedestrian bridge, t rail users who wish to continue to the portion of the Enterprise Canal bank and future trail that lies south of the freeway must make their way to Temperance Avenue where they would cross under State Route 168 utilizing existing sidewalks and bicycle lanes.
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AGENDA ITEM NO. 10.
Figure 1
Phase 1 incl uded preliminary engineering design, architectural aesthetics evaluation study, preliminary geotechnical investigation, coordination with stakeholders, community workshops, environmental clearance in compliance with CEQA & NEPA, and a Final Project Report consistent with Caltrans guidelines. BCA worked with staff to develop three bridge type concepts with a recommended alignment . The main goal during the preliminary design process was to provide a functional bridge across SR -168 to connect the missing link , while keeping in mind impacts to the environment and adjacent properties. In addition, staff saw this as an opportunity to create a distinctive, iconic architectural landmark for the City of Clovis. The three bridge types are presented below.
Figure 2 – Caltrans Standard Box Girder Bridge: $20.7M Total Cost 106
AGENDA ITEM NO. 10.
Figure 3 – Signature Tied-Arch Bridge: $36.6M Total Cost
Figure 3A – Signature Tied-Arch Bridge: $36.6M Total Cost
107
AGENDA ITEM NO. 10.
Figure 4 – Signature Cable-Stayed Bridge: $36.8M Total Cost
Figure 4A – Signature Cable-Stayed Bridge: $36.8M Total Cost
The City held two community workshops at Miss Winkles Pet Adoption Center Community Room on January 25th and July 12th in 2023. Community input was actively solicited from the workshop participants through a facilitated discussion and live polling activities aimed at gauging the community’s preferences for the bridge structure options. The purpose of the workshop was to present the bridge alignment, obtain input from the residents for bridge design type, and provide additional information about other design amenities that can enhance the structure. Workshop participants were asked to pick the bridge structure type that they most preferred. The results were as follows: 42% votes for Caltrans Box Girder, 32% Tied-Arch, 26% Cable-Stayed.
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AGENDA ITEM NO. 10.
Studies were performed that evaluated environmental impacts including but not limited to noise, air quality, biological resources, historic property, etc. The appropriate mitigation measures were identified and environmental clearance was obtained. City staff and BCA developed a matrix to rank the three bridge types , as required to complete the environmental reports . The design elements considered for the ranking were the following: construction cost, iconic stru cture features, superstructure depth, column within SR-168 median, community acceptance, right-of- way impacts, environmental impacts, utility impacts, constructability, rideability, construction schedule, and maintenance & inspection cost. A weight factor was issued to each design element. The items with the heaviest weight factors were construction cost, iconic structure features, and maintenance & inspection cost. Although the cable-stayed and tied-arch signature bridges scored higher than the Caltrans box girder in iconic structure category, there was a big difference in construction cost and maintenance where the box girder clearly came on top. The total estimated cost is almost double for a signature cable -stayed compared to a standard box girder. In ad dition, a standard box girder bridge would be mostly maintained by Caltrans , whereas a signature bridge would require specialty maintenance which Caltrans would defer to the City. Maintenance responsibilities would ultimately be finalized through an agreem ent with Caltrans during Phase 2. It is estimated that maintenance and inspection for the signature bridges to be approximately $7M throughout the 75-year design life. For those reasons, staff is recommending to approve Phase 1 work with the Caltrans standard box girder as the preferred bridge type. Although a box girder is not a signature bridge, there are architectural treatments and other design elements that can be implemented to enhance the structure. Some examples include lighting, handrailing, surfac e texture treatments, monuments, landscaping, and public art.
California Environmental Quality Act (CEQA)
Caltrans, as the lead agency under CEQA for this project, has completed an Initial Study assessing the project’s impact on natural and manmade environments, as required by the State of California. In summary, environmental impacts were all determined to be less than significant.
Caltrans adopted a Negative Declaration for this project on December 27, 2024.
City s taff worked with Caltrans in the preparation of the Initial Study . The City of Clovis is considered a responsible agency under CEQA Guidelines Section 15381. Staff is recommending the City Council review and consider the attached Initial Study and N egative Declaration and approve Attachment 6 CEQA Resolution.
FISCAL IMPACT
The City has $2,093,293 in Congestion Mitigation and Air Quality (CMAQ) grant funding for the design of this project with no requirement of a local match . The City also obtained a state earmark for the project in the amount of $2,000,000. To date , there has been $732,765 expended for Phase 1 of the design phase. Initially it was understood that if the bridge is not constructed, the City would then be required to pay back the money spent to date, because the work identified in the grant included construction. However, Caltrans, who administers the grant, has confirmed that the City is not required to pay it back. Any unused grant or earmark funds would revert back or return to the source of those funds.
109
AGENDA ITEM NO. 10.
REASON FOR RECOMMENDATION
Staff recommends approving the completed work for Phase 1, which includes the preliminary design, architectural aesthetics evaluation study, preliminary geotechnical investigation, environmental clearance, and community outreach meetings. This will provide a comprehensive package that can be utilized in any future efforts to secure grant funding for final design, right of way acquisition, and construction.
At this tim e, g iven the low probability of obtaining the full grant funding required and the availability of staffing resources for other capital improvement projects , s taff recommends terminating Phase 2, which in cludes final design and construction documents. The cost estimates have increased significantly year over year due to rising material and construction expenses. The figures presented in the table above reflect current costs, but the total will likely be even high er when construction begins in 3 -5 years. Additionally, there are limited grant opportunities of this scale, and to enhance the chances of securing funding, the City would likely need to contribute at least 20% (approximately $4 million) in local match funds.
ACTIONS FOLLOWING APPROVAL
Staff will implement Council direction and will r eceive and file the approval of Phase 1 of the State Route 168 / Enterprise Canal Pedestrian Bridge Project. Staff will also work with Caltrans to get this item approved by the California Transportation Commission.
CONFLICT OF INTEREST
None.
Prepared by: Fernando Copetti, Supervising Civil Engineer / Ryan Burnett, Engineering Program Manager
Reviewed by: City Manager AH
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AGENDA ITEM NO. 10.
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
Jose Sandoval
Print Date: November 12, 2024
CIP 16-19 State Route 168/ Enterprise Canal Pedestrian Bridge Project
PROJECT
LOCATION
Attachment 1
111
AGENDA ITEM NO. 10.
PROFILE
PLANTYPICAL CROSS-SECTION
Attachment 2
112
AGENDA ITEM NO. 10.
PROFILE
PLANTYPICAL CROSS-SECTION
113
AGENDA ITEM NO. 10.
PROFILE
PLANTYPICAL CROSS-SECTION
114
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BRIDGE No.:
PROJECT NUMBER & PHASE:PROJECT EA:
DESIGN OVERSIGHT
SIGN OFF DATE
ADVANCE PLANNING STUDY SHEET
(ENGLISH) (REVISION 8/16/2021)
$DATEDATE PLOTTED =>
$REQUESTFILE => $USERUSERNAME =>
TIME PLOTTED => $TIME
PREPARED FOR THE STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
DESIGNED BY
DRAWN BY
CHECKED BY
APPROVED
DATE
DATE
DATE
DATE
PROJECT ENGINEER
POST MILEROUTECOUNTYDist
06 FRE 168
GENERAL PLAN No. 2 TYPE 2
(2019219S2_Alt_A)2019219
06-0U840
ADVANCED PLANNING STUDYA. CORDOVA 01/03/24
01/03/24A. ROSALES
01/03/24S. SUMPTER
SHAUN G. SUMPTER
BIGGS CARDOSA ASSOCIATES INC.
5250 N. PALM AVENUE, SUITE 211
FRESNO, CALIFORNIA 93704
CITY OF CLOVIS
1033 FIFTH STREET
CLOVIS, CALIFORNIA 93612
R9.4/R9.5
\A1;60'
\A1;70'
395
390
385
385
390
395
D
E
41+00
43+00
44+00
BC 40+89.57
EC 41+33.16
42+00