Agenda packet — Clovis City Council, June 20, 2022 (part 1 of 2)

June 20, 2022 - 1 - 3:03 PM A G E N D A • C I T Y C O U N C I L M E E T I N G

June 20, 2022 6:00 PM Council Chamber

In compliance with the Americans with Disabilities Act, if you need special assistance to access the City Council Chamber to participate at this meeting, please contact the City Clerk or General Services Director at (559) 324 -2060 (TTY – 711). Notificatio n 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Chamber.

The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; you may participate by calling in by phone (see “Verbal Comments” below); and you may view the meeting which is webcast and acces sed at www.cityofclovis.com/agendas.

Written Comments

 Members of the public are encouraged to submit written comments at:
www.cityofclovis.com/agendas at least two (2) hours before the meeting (4:00 p.m.). You will be prompted to provide:

 Council Meeting Date
 Item Number
 Name
 Email
 Comment

 Please submit a separate form for each item you are commenting on.

 A copy of your written comment will be provided to the City Council noting the item number.

If you wish to make a verbal comment, please see instructions below.

 Please be aware that any written comments received that do not specify a particular agenda item will be marked for the general public comment portion of the agenda.

 If a written comment is received after 4:00 p.m. on the day of the meeting, efforts will be made to provide the comment to the City Council during the meeting. However, staff cannot guarantee that written comments received after 4:00 p.m. will be provided to City Council during the meeting. All written comments received prior to the end of the meeting will be made part of the record of proceedings.

Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 www.cityofclovis.com
1 June 20, 2022 - 2 - 3:03 PM Verbal Comments

 If you wish to speak to the Council on an item by telephone, you should contact the City Clerk at (559) 324-2060 no later than 4:00 p.m. the day of the meeting.

 You will be asked to provide your name, phone number, and your email. You will be emailed instructions to log into Webex to participate in the meeting. Staff recommends participants log into the Webex at 5:30 p.m. the day of the meeting to perform an audio check.

 All callers will be placed on mute, and at the appropriate time for your comment your microphone will be unmuted.

 In order for everyone to be heard, please limit your commen ts to 5 minutes or less, or 10 minutes per topic

Webex Participation

 Reasonable efforts will be made to allow written and verbal comment from a participant communicating with the host of the virtual meeting. To do so, a participant will need to chat with the host and request to make a written or verbal comment. The host w ill make reasonable efforts to make written and verbal comments available to the City Council. Due to the new untested format of these meetings, the City cannot guarantee that these written and verbal comments initiated via chat will occur. Participants desiring to make a verbal comment via chat will need to ensure that they accessed the meeting with audio transmission capabilities.

CALL TO ORDER

FLAG SALUTE - Councilmember Bessinger

ROLL CALL

PRESENTATIONS/PROCLAMATIONS

1. Presentation of Proclamation Recognizing Tarpey Elementary Student Council for receiving the Civic Learning Award of Excellence.

2. Presentation – Update on Activity at Clovis Culinary Center.

3. Presentation – Update on Activity from Fresno/Clovis Convention and Visitors Bureau.

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 5 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact the City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.

ORDINANCES AND RESOLUTIONS - With respect to the approval of resolutions and ordinances, the reading of the title shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be 2 June 20, 2022 - 3 - 3:03 PM read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

CONSENT CALENDAR - Items considered routine in nat ure 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 recorde d 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 June 13, 2022, Council Meeting.

5. Administration - Adopt - Ord. 22-05, An ordinance amending section 3.3.403 of the Clovis Municipal Code pertaining to the increase of the Transient Occupancy Tax rate. (Vote: 5-0)

6. Administration – Approval – Award the Affordable Housing Rehabilitation Programs – Inspection and Construction Management Services contracts to Habitat for Humanity Greater Fresno Area and Self -Help Enterprises; and Authorize the City Manager to execute the contract on behalf of the City.

7. General Services – Approval – Res. 22 -___, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Police Officers’ Association.

8. General Services - Approval – Res. 22-___, Adopting the FY2022- 2023 Consolidated Transportation Service Agency (CTSA) Operations and Program Budget for Roundup Transit Services.

9. General Services – Approval – Res. 22-___, Authorizing Amendments to the Planning Technician I, Planning Technician II, Assistant Planner, and Associate Planner Classifications in the Planning and Development Services Department.

10. General Services – Approval – Res. 22 -___, Authorizing Amendments to the Information Technology Technician, Information Technology Specialist, Senior Information Technology Specialist, Information Technology Analyst, and Senior Information Technology Analyst Classifications in the Information Technology Division.

11. Planning and Development Service s – Receive and File – Annual Department Newsletter.

12. Planning and Development Services - Approval – Res. 22-___, Final Map Tract 6377, located at the southeast area of Leonard Avenue and Shaw Avenue (DYP 6377, LP).

13. Planning and Development Services - Approval – Res. 22 -___, Annexation of Proposed Tract 6377, located at the Southeast area of Leonard Avenue and Shaw Avenue to the Landscape Maintenance District No. 1 of the City of Clovis (DYP 6377, LP).

14. Planning and Development Services – Approval – Consultant List from which Professional Consultants shall be selected for the FY 2022-2023.

15. Planning and Development Services – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of new Surveying Equipment from California Surveying and Drafting Supply.

16. Police – Approval – Purchase of Unmanned Aerial Vehicle DJI -M30T (Drone) in Accordance with Clovis Police Department Military Equipment Use Policy 706.

17. Public Utilities – Approval – Final Acceptance for CIP 21-09, SWTP 2.5 MG Water Storage Reservoir Coating Project.
3 June 20, 2022 - 4 - 3:03 PM

18. Public Utilities – Approval – Award Non-Exclusive Franchise Agreements fo r Hauling of Construction and Demolition Debris, and Update the City’s Approved Hauler List.

PUBLIC HEARINGS - A public hearing is an open consideration within a regular or special meeting of the City Council, for which special notice has been given and m ay be required. When a public hearing is continued, noticing of the adjourned item is required as per Government Code 54955.1.

19. Consider Introduction – Ord. 22-___, R2008-007A3, A request to amend the Loma Vista Community Centers North and South Master Plan to remove the planned local street identified as Marengo Avenue within Planning Area 1 and Planning Area 2 and to adjust the underlying R-3 Zone District to reflect the modified circulation layout. AP Multifamily, LP, property owner; Wathen Castanos Homes, applicant; Precision Civil Engineering, representative. (To be continued to the July 5, 2022 council meeting)

Staff: Dave Merchen, City Planner
Recommendation: Continue

20. Consider Approval – Res. 22-___, Approving various actions required to conduct the November 8, 2022, General Municipal Election:

a. Calling and giving notice of the November 8, 2022, General Municipal Election for the purpose of electing three (3) members of the City Council for the terms of four (4) years through November 2026; and

b. Requesting to Consolidate the General Municipal Election with the St atewide General Election; and authorizing the Fresno County Elections Division to conduct the November 2022 Election; and

c. Establishing Conditions for the filing of Candidates’ Statements.

Staff: Karey Cha, City Clerk
Recommendation: Approve

21. Consider approval of various items associated with various fees under the Planning and Development Services Department:

a. Consider Approval – Res. 22-___, A resolution revising the Master Development Fee Schedule and Providing a Description of Fees to be Requested for County Adoption; and

b. Consider Approval – Res. 22-___, A resolution amending Plan Check, Inspection Services, Encroachment Permits and Community Investment Program Rates; and

c. Consider Approval – Res. 22-___, A request to approve the 2022 City of Clovis Planning Division Fee Schedule.

Staff: Dave Merchen, City Planner / Sean Smith, Supervising Civil Engineer Recommendation: Approve

4 June 20, 2022 - 5 - 3:03 PM ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.

22. Receive and File – Update on the State Water Board’s Emergency Resolution to Reduce Water Demand and Improve Water Conservation.

Staff: Paul Armendariz, Assistant Public Utilities Director Recommendation: Receive and File

CITY MANAGER COMMENTS

COUNCIL COMMENTS

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

23. Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: John Holt, Andrew Haussler, Jeffrey Blanks, Shonna Halterman, Lori Shively, Scott G. Cross, Mary Lerner, John Binaski, Curt Fleming.

Employee Organization: Clovis Police Officers Association, Clovis Firefighters Association, Clovis Employees Association, Clovis Public Works Employees Association, Clovis Public Safety Employees Association, Clovis Professional and Technical Employees Association, Clovis Transit Employees Bargaining Unit, Confidential Technical and Financial Professionals, and Unrepresented Employee:

Management Employees

ADJOURNMENT

MEETINGS AND KEY ISSUES

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

July 5, 2022 (Tue.)
July 11, 2022 (Mon.) (To Be Cancelled)
July 18, 2022 (Mon.)
Aug. 1, 2022 (Mon.)
Aug. 2 (Mon.) - Sep. 5 (Mon.) Summer Recess

5 6
AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

Page 1 of 2 ends

CLOVIS CITY COUNCIL MEETING

June 13, 2022 6:00 P.M. Council Chamber

Meeting called to order by Mayor Flores at 6:03
Flag Salute led by Councilmember Ashbeck

Roll Call: Present: Councilmembers Ashbeck, Bessinger, Mouanoutoua, Whalen Mayor Flores

PUBLIC COMMENTS – 6:04

Marcus Alvarez, resident, commented on the indoor firing range near his neighborhood and mentioned that the business has been out of compliance for several years. He added that residents who are consistently cited shou ld be fined to discourage misconduct. He also complimented the Police Department on their efforts to follow -up on calls for services. Lastly, he commented that the community including the City and the school district should use more resources to educate and prevent public/mass shooting incidents.

CONSENT CALENDAR – 6:11

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

1. Administration - Approved – Minutes from the June 6, 2022, Council Meeting.

2. Finance – Received and Filed – Investment Report for the Month of February 2022.

3. Finance – Received and Filed – Treasurer’s Report for the Month of February 2022.

4. Finance – Received and Filed – Investment Report for the Month of March 2022.

5. Finance – Received and Filed – Treasurer’s Report for the Month of March 2022.

6. Planning and Development Services – Approved – Res. 22-52, Final Map Tract 6339, located at the northwest corner of North Locan Avenue and Teague Avenue (Granville Homes, Inc.).

7. Planning and Development Services – Approved – Res. 22 -53, Annexation of Proposed Tract 6339, located at the northwest corner of North Locan Avenue and Teague Avenue to the Landscape Maintenance District No. 1 of the City of Clovis (Granville Homes, Inc.).

PUBLIC HEARINGS – 6:12

6:12 – ITEM 8 - APPROVED INTRODUCTION – ORD. 22 -05, AN ORDINANCE AMEND ING SECTION 3.3.403 OF THE CLOVIS MUNICIPAL CODE PERTAINING TO THE INCREASE OF THE TRANSIENT OCCUPANCY TAX RATE.

Motion for approval by Councilmember Ashbeck, seconded by Councilmember Whalen.

Motion carried by unanimous vote.

7 AGENDA ITEM NO. 4.

PRELIMINARY - SUBJECT TO APPROVAL

Page 2 of 2 ends

6:14 – ITEM 9 - REVIEWED AND APPROV ED - RES. 22 -54, 2022 -2023 CITY OF CLOVIS

ANNUAL BUDGET, FIVE YEAR CAPITAL IMPROVE MENT PROGRAM, AND INFORMATION REGARDING THE CLOVIS SUCCESSOR AGENCY.
a) Finance Department (Jay Schengel)
b) City Council/City Attorney/City Manager/City Clerk (Andrew Haussler/Karey Cha/Jesse Velez)
c) Police Department (Curt Fleming)
d) Fire Department (John Binaski)
e) Public Utilities Department (Scott Redelfs)
f) Planning and Development Services/Community Investment Program (Renee Mathis) g) General Services (Shonna Halterman)
h) Community and Economic Development/Successor Agency (Andrew Haussler)

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

CITY MANAGER COMMENTS – 8:22

COUNCIL COMMENTS – 8:22

CLOSED SESSION – 8:30

8:30 – ITEM 10. GOVERNMENT CODE SECT ION 54957.6 CONFEREN CE WITH LABOR NEGOTIATORS AGENCY D ESIGNATED REPRESENTA TIVES: JOHN HOLT, AN DREW HAUSSLER, JEFFREY BL ANKS, SHONNA HALTERM AN, LORI SHIVELY, SC OTT G.

CROSS, MARY LERNER, JOHN BINASKI, CURT FLEMING.EMPLOYEE ORGANIZATION:

CLOVIS POLICE OFFICE RS ASSOCIATION, CLOV IS FIREFIGHTERS ASSO CIATION,

CLOVIS EMPLOYEES ASS OCIATION, CLOVIS PUB LIC WORKS EMPLOYEES

ASSOCIATION, CLOVIS PUBLIC SAFETY EMPLOY EES ASSOCIATION, CLO VIS

PROFESSIONAL AND TEC HNICAL EMPLO YEES ASSOCIATION, CL OVIS TRANSIT

EMPLOYEES BARGAINING UNIT, CLOVIS TECHNI CAL AND FINANCIAL PROFESSIONALS ASSOCI ATION, AND UNREPRESE NTED EMPLOYEE:

MANAGEMENT EMPLOYEES

Mayor Flores adjourned the meeting of the Council to June 20, 2022

Meeting adjourned: 9:35 p.m.

______________________________ ________________________________ Mayor City Clerk
8 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: Administration
DATE: June 20, 2022
SUBJECT: Administration - Adopt - Ord. 22 -05, An ordinance amending section

3.3.403 of the Clovis Municipal Code pertaining to the increase of the Transient Occupancy Tax rate. (Vote: 5-0)

ATTACHMENTS: None.

This item was approved for introduction on June 13, 2022, with a unanimous vote.

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

9 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Administration
DATE: June 20, 2022
SUBJECT: Administration – Approval – Award the Affordable Housing Rehabilitation Programs – Inspection and Construction Management Services contracts to Habitat for Humanity Greater Fresno Area and Self-Help Enterprises; and Authorize the City Manager to execute the contract on behalf of the City.

ATTACHMENTS: 1. Draft Professional Services Agreement – Habitat for Humanity Greater Fresno Area

2. Draft Professional Services Agreement – Self-Help Enterprises

CONFLICT OF INTEREST
None.

RECOMMENDATION
Approve award and execution of professional services agreements for the City’s A ffordable Housing Rehabilitation Programs – Inspection and Construction Management Services to Habitat for Humanity Greater Fresno Area and Self-Help Enterprises.

EXECUTIVE SUMMARY
The City is a recipient of Federal Community Development Block Grant (CDBG) and State of California CalHome Program funds for the implementation of housing rehabilitation programs for lower income households. The awarding of the two contracts will authorize Habitat for Humanity Greater Fresno Area (Habitat) and Self-Help Enterprises (SHE) to assist the City in implementing both the Owner -Occupied Housing Rehabilitation Program and the First -Time Homebuyer Program with Rehabilitation.

BACKGROUND
The City receives an annual entitlement of CDBG funds, a portion of which is utilized on an annual basis for owner-occupied housing rehabilitation. Additionally, the City was successful in obtaining grant funds from the State of California through the CalHome Program for the Owner- Occupied Home Rehabilitation and First Time Homebuyer Mortg age Assistance with Rehabilitation Programs.
10 AGENDA ITEM NO. 6.

The available funding for the programs is as follows:

Program Funding Source
CalHome CDBG
Minor Housing Rehabilitation $125,000
Major Housing Rehabilitation $4,449,375 -
FTHB with Housing Rehabilitation $550,625

CalHome program funding is available from now until May 2024 for expenditures. CDBG program funding is renewed every year through the City’s entitlement application to HUD.

City staff will administer the marketing, application intake, review and qualification, approval, and close-out of each rehabilitation activity for both programs. Staff relies on the professional services of our local partners to administer inspections and construction management services for the same activities.

To that end, the City published a Request for Qualifications (RFQ) on April 13, 2022 to solicit qualified consultants to perform housing inspection and construction management services for the CDBG and CalHome funded housing rehabilitation programs. Three proposal s were received, one of which lacked the relevant knowledge and experience required. Upon review by City staff, the remaining two proposals were selected for recommendation of award.

One successful proposal was from Habitat for Humanity Greater Fresno Are a. Habitat has served the Fresno County area since 1985, and has been a valuable partner to the City of Clovis for many years. Most recently, Habitat assisted the City in the implementation of CDBG funded rehabilitation programs similar to those identified in the RFQ. The oversight of these tasks makes Habitat uniquely qualified to perform the selected services.

The second successful proposal was from Self -Help Enterprises, who has served the Central Valley for over the last 50 years. SHE has partnered with the City of Clovis to provide housing construction, inspections, oversight and other services similar to those identified in the RFQ.

Additionally, SHE administers state and federal program funding for other jurisdictions within the Fresno County area. The oversight of these tasks makes SHE uniquely qualified to perform the selected services.

City staff recommends City Council approve the selection of both Habitat and SHE for the provision of inspection and construction management for the City’s Affordable Housing Rehabilitation Programs, as follows:

Habitat for Humanity:
 First Time Homebuyer with Rehabilitation – approximately 5 units  Major Housing Rehabilitation – approximately 15 units

11 AGENDA ITEM NO. 6.

Self-Help Enterprises:
 Minor Housing Rehabilitation – approximately 20 units  Major Housing Rehabilitation – approximately 35 units

Additional housing units may be allocated to either or both professional services agreements, with City Manager approval, contingent on satisfactory implementati on of the services, funding availability and expenditure deadlines being met.

City Council approval of the selection and awards will allow the programs to be implemented shortly after contracts execution.

FISCAL IMPACT
There is no fiscal impact related to the consultant selections as funds have already been awarded to the City.

REASON FOR RECOMMENDATION
The consultants have been selected based on their knowledge and experience as provided in their responses to the Request for Qualifications. The City will utilize the consultant services to implement the construction inspection and construction management phases of the housing rehabilitation activities.

ACTIONS FOLLOWING APPROVAL
Staff will finalize and execute the Profe ssional Services Agreements with the selected consultants and commence implementation of the housing rehabilitation programs.

Prepared by: Claudia Cazares, Affordable Housing Management Analyst

Reviewed by: City Manager AH
12 AGENDA ITEM NO. 6.
1 DRAFT

PROFESSIONAL SERVICES AGREEMENT FOR AFFORDABLE HOUSING

INSPECTION AND CONSTRUCTION MANAGEMENT SERVICES

This Inspection and Construction Management Services Agreement (“Agreement”) is entered into this _______ day of , 2022 , between the City of Clovis, a California general law city (“City”) and Habitat for Humanity Fresno, Inc. , Habitat for Humanity Greater Fresno Area, a California corporation (“Consultant”) with respect to the following recitals, which are a substantive part of this Agreement.

RECITALS

A. WHEREAS, City is the recipient of a CalHome Program grant from the State of California, Department of Housing and Community Development (“HCD”), a portion of which provides for the repair of health and safety deficiencies in the owner-occupied homes of low and very low income homeowners and for the repair as may be needed in the implementation of the First Time Homebuyer Program (“Grant”); and

B. WHEREAS, City desires to contract with Consultant for inspection and construction management services (“Services”) for the rehabilitation of eligible homes within City , to include assisting City in the processing First Time Homebuyer Program Loans with housing rehabilitation services, in accordance with the terms of the Grant; and

C. WHEREAS, Consultant is engaged in the business of furnishing such Services and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services; and

D. WHEREAS, City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

The detailed “Scope of Work” to be completed by Consultant, attached hereto as Exhibit A Attachment 1
13 AGENDA ITEM NO. 6.
2 – Scope of Work - Owner Occupied Rehabilitation Services and Exhibit B – Scope of Work - First Time Homebuyer Program with Housing Rehabilitation Services.

2. Commencement of Services ; Term of Agreement . Consultant shall commence the Services upon City’s issuance of a written “Notice to Proceed” and shall continue with the Services until Consultant, as determined by City, has satisfactorily performed and completed the Services, or until such time as the Ag reement is terminated by either party pursuant to Section 17 herein, whichever is earlier.

3. Payment for Services. City shall pay Consultant in the amounts, and in accordance with the terms, set forth in Exhibit C – Activity Delivery Fee Budget for the Services performed pursuant to this Agreement. Upon Consultant’s compliance with all terms for payment specified in Exhibit C, City shall tender payment to Consultant within thirty (30) days thereof.

4. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents , or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City.

5. Standard of Care. Consultant expressly represents it is qualified in the field for which Services are being provided under this Agreement and that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws and regulations.

6. Licenses. Consultant expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant expressly represents that any construction manager(s) assigned by it , and any subcontractors used by it, to perform under this Agreement will at all times be licensed as a General Contractor by the State of California and hold a City Business License pursuant to Clovis Municipal Code, Chapter 3.1.

7. Identity of Subcontractors and Sub -Consultants. Consultant shall, before commencing any work under this Agreement, provide to City in writing: (a) the identity of all subcontractors and sub -consultants (collectivel y referred to as “subcontractors” ), if any, Consultant i ntends to utilize in Consultant’ s performance of this Agreement ; and (b) a detailed description of the full scope of work to be provided by such subcontractors.

Consultant shall only employ subcontractors pre -approved by City , and in no event shall Consultant replace an approved subcontractor without the advance written permission of 14 AGENDA ITEM NO. 6.
3 City, with the understanding that City’s permis sion will not be unreasonably withheld.

Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant’s subcontractors.

8. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions that: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City ; (b) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City , and then only to the extent of such authorization.

10. Record Keeping; Reports. Consultant shall keep complete records with respect to all matters covered under this Agreement. Consultant shall be responsible and shall require its subcontractors to keep similar records. Consultant shall provide a complete copy of all records and reports to City at City’s request and upon termination of this Agreement. To the extent provided by law, City shall be given free reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes until the expiration of four (4) years after the furnishing of services under this Agreement.

11. Ownership and Inspection of Documents. All data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations , and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

12. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions. 15 AGENDA ITEM NO. 6.
4 13. City Name and Logo. Consultant shall not use City’s name or insignia, photographs relating to City projects for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without th e prior written consent of City.

14. Conflicts of Interest . Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, in the Services. Consultant further warrants that neither Consultant nor any of its emp loyees have real property, business interests, or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by City or a member of any City Board or Commission.

15. Non-liability of Officers and Employees . No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

16. City’s Right to Employ O ther Consultants . This Agreement is non -exclusive with Consultant. City reserves the right to employ other consultants in connection with the Services.

17. Termination of Agreement . This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following:
a. Termination by City: Without Cause . This Agreement may be terminated by City at its discretion upon seven (7) days prior written notice to Consultant. b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party of a material breach and a failure to cure within that time period.
c. Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant , and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applica ble portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through n o fault of City, City may withhold an amount that would otherwise be payable as an offset to City’s damages caused by such failure.
16 AGENDA ITEM NO. 6.
5 d. Effect of Termination . Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise) ; and (ii) deliver or otherwise make available to City, without additional compensation, all data, documents, procedures, records, reports, estimates, summaries, and such other i nformation and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.

18. Insurance. Consultant, and any and all subcontractors used by Consultant, shall satisfy the insurance requirements approved by City’s Risk Manager and City Attorney, and as attached hereto as Exhibit D – Insurance Requirements.

19. Indemnity and Defense . Consultant hereby agrees to indemnify, defend , and hold City, and City officials, officers, employees, agents, and volunteers, harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities (including, without limitation, reasonable attorney fees and costs of litigation) of every nature arising out of or in co nnection with the alleged or actual acts, errors, omissions, or negligence of Consultant or its subcontractors relating to the performance of Services described herein. Consultant’s duty to defend and indemnify City shall exist even if the alleged injuries or damages sustained by the claimant are the result in part of City’ s active or passive negligence, but the duty to defend and indemnify City shall not extend to injuries or damages that are the result of City's sole negligence or willful misconduct.

Consultant’s duty to defend shall immediately arise when a claim is asserted and/or a lawsuit is initiated against City arising out of or occurring in connection with the alleged or actual acts, errors, omissions , or negligence of Consultant or its subcontra ctors relating to the performance of Services described herein and regardless of whether others may owe City a duty of defense and/or indemnity. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or terminati on of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any m onies due by Consultant from City under the terms of this Agreement to any other individual, corporation , or entity. City retains the right to pay any and all monies due to Consultant directly to Consultant. 17 AGENDA ITEM NO. 6.
6 21. Form and Service of Notices . Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personal delivery to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivery by e -mail to a known address of the party to whom it is directed , provided the e -mail is accompanied by a w ritten acknowledgment of receipt by the other party. Service shall be deemed the date of written acknowledgement. c. Delivery by a reliable overnight delivery service (e.g. Federal Express, receipted) addressed to the addressees set forth below the signatories to this Agreement.

Service shall be deemed the date of delivery.
d. Delivery by deposit in the United States mail, first class, postage prepaid.

Service shall be deemed delivered seventy-two (72) hours after deposit.

Information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:

CITY CONTACT:

Claudia Cazares, Management Analyst
Affordable Housing Programs
1033 Fifth St.

Clovis, CA 93612
(559) 324-2094
[email protected]
CONSULTANT CONTACT:

Ashley Hedemann, Interim CEO
4991 E. McKinley Ave., Suite 123
Fresno, CA 93727
(559) 237-4102 x100
[email protected]
Each party is responsible for notifying the other party of any changes to the contact information above.

22. Entire Agreement. This Agreement, including the attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

23. Successors and Assigns . This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

24. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities. 18 AGENDA ITEM NO. 6.
7 25. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

26. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

27. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties h ereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

28. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

29. Execution in Counterparts . This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

Demand for mediation shall be in writing and delivered to the other party to this Agreement. A demand for mediation shall be made within reason able time after the claim, dispute, or other matter in question has arisen. In no event shall the demand for mediation 19 AGENDA ITEM NO. 6.
8 be made after the date when institution of legal or equitable proceedings based on such a claim, dispute, or other matter in question would be barred by California statute of limitations.

31. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or state law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to, race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

NOW, THEREFORE, City and Consultant have executed this Agreement on the date(s) set forth below.

CITY OF CLOVIS

By:

John Holt, City Manager

Date:

ATTEST:

By:

Karey Cha, City Clerk

APPROVED AS TO FORM:

By:

Scott G. Cross, City Attorney

HABITAT FOR HUMANITY FRESNO,
INC., HABITAT FOR HUMANITY

GREATER FRESNO AREA

By:

Ashley Hedemann, Interim CEO

Date:

By:

Steven Jones, Board President

Date:

20 AGENDA ITEM NO. 6.
9 EXHIBIT A

SCOPE OF WORK -

OWNER OCCUPIED HOUSING

REHABILITATION SERVICES

A. Program Information
The Owner -Occupied Home Rehabilitation Loan Program , described herein, 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 seventy-five thousand dollars ($75,000.00) as provided through the CalHome Program. City staff will market the program, administer application intake, review applications, underwrite loans, oversee work done by consultant in Section B below, manage and close out files and provide all needed documentation to HCD for funding reimburseme nts and approvals.

The Home Rehabilitation loans will carry the following terms:
 Maximum loan amount of seventy-five thousand dollars ($75,000.00)  Deferred Payment with a thirty (30) year term
 Zero percent (0%) interest
 Loans for mobile home replacement will decline at ten percent ( 10%) per year after the first ten (10) years of the loan term, with the loan being forgiven at the end of the twenty ( 20) year term, if the mobile home is still occupied by the Applicant.

City may assign additional homes to be included in this Scope of Work, as may be mutually agreed to by both the Consultant and the City , in an amendment to this Agreement.

All services Consultant performs under this Agreement shall be conducted in a manner consistent with the terms of this Agreement and with the level of care and skill ordinarily exercised by inspectors on similar projects in California with similar complexity and with similar agreements, who are specially qualified to provide the services City requires. Consultant shall conduct all services in conformance to, and 21 AGENDA ITEM NO. 6.
10 in compliance with, all applicable federal, state, and local laws, including but not limited to statutes, decisions, regulations, building or other codes, ordinances, charters, the Americans with Disabilities Act (“ADA”), the California Public Contract Code, the California Labor Code, the California Civil Code, and the California Government Code.

C. Consultant’s Specific Duties and Responsibilities
Specifically, Consultant shall be responsible for the following:

1. Within seven (7) days of notification from City staff (i.e. Housing Program Manager) to an eligible homeowner/Applicant with preliminary program approval for home repair, the Consultant’s construction manager shall schedule an initial inspection of the home with the homeowner/ Applicant, and shall notify City staff of the inspection appointment.

2. Consultant’s construction manager will conduct the in itial inspection of the home, prepare a scope of work based on the most critical repair needs (including applicability of all required permits) for the repair of the unit, and submit the scope of work write-up to City for review and approval. The scope of work and photographs of the deficiencies shall be provided in a report format to City staff within seven (7) days of the initial inspection of the unit. The maximum allowable project costs per home is seventy-five thousand dollars ($75,000.00), inclusive of eligible activity delivery fees.

The construction manager will notify City if the repairs required or requested are ineligible.

3. The construction manager will obtain written approval of the scope of work write-up and request a copy of the Rehabilitation C ontract between City and the Applicant. Subsequently , the construction manager will assist homeowners with obtaining bids from contractors licensed by the State of California to complete the approved repairs and provide qualifying bids to Applicant for the ir contractor selection.

4. After the construction contract between the Applicant and Contractor is fully executed and filed, work can begin. The construction manager issues notice to proceed to Contractor and ensures that work is progressing on schedule an d that it is being performed in accordance with the requirements of the construction contract.

The c onstruction manager shall be responsible for obtaining any required design services and/or building permits.

5. The construction manager shall conduct an inspe ction each time the contractor submits a request for change order, or as may be required by the work to be performed. Change order requests shall require pre-approval of both the construction manager and City staff. The construction manager shall conduct an interim inspection when requested by City staff or a contractor completing the repairs. 22 AGENDA ITEM NO. 6.
11 6. Once a final invoice has been received from the contractor, the construction manager shall conduct a final inspection of the unit and prepare a punch list of outstanding and/or uncompleted items, if applicable. If a list of outstanding items is prepared, the inspector shall conduct a subsequent inspection to ensure that all items on the list have been completed.

7. The construction manager shall obtain a signed stateme nt of final inspection and homeowner satisfaction from the homeowner upon final completion of the project. The construction manager will submit a final invoice to City for payment.

8. The construction manager shall provide all warranty information in written format to the homeowner.

10. Consultant shall p rovide monthly and annual reporting to City in a City approved format.

D. Staffing
Consultant shall provide sufficient staffing to timely perform its duties and responsibilities under this Agreement, including coordination of the work to optimize efficiency and minimize conflict and interference between the various contractors on- site, and, if applicable, City’s own forces. All of the Consultant’s personnel shall be qualified to perform the services they provide for the project(s). City may, upon fifteen (15) days written notice, cause Consultant to remove a person from the project(s) if he/she has failed to perform to City’s satisfaction. Consultant shall provide a construction manager with authority to commit resources of Consultant to monitor, manage, and administer all aspects of this Agreement to help achieve the completion of all construction.

E. Quality Review and Inspections
The Consultant shall establish and implement a comprehensive program to monitor the quality of the construction, as part of the Consultant’s supervision of all contractors, subcontractors, and their work. The purp ose of the program shall be to assist in guarding City against work by a contractor or subcontractor that does not conform to the requirement of the prime contract documents.

F. Warranty Inspections and Repairs
Consultant shall assist City in resolving any warranty related requests.

23 AGENDA ITEM NO. 6.
12 EXHIBIT B

SCOPE OF WORK -

FIRST TIME HOMEBUYER PROGRAM WITH

HOUSING REHABILITATION SERVICES

A. Program Information
The First Time Homebuyer Program , described herein , is designed to provide financial assistance to eligible applicants in purchasing eligible homes, located within the Program’s eligible area. The Program provides this assistance in the form of a low-interest, deferred payment, and “silent” second loans as “ gap” financing toward the purchase price and closing costs of affordable housing units that will be occupied by the homebuyers as their primary residence.

The Mortgage Assistance Program loans will carry the following terms:
 Loan in the amount(s) of one hundred thousand dollars ($100,000.00)  Deferred Payment with a thirty (30) year term
 Three percent (3%) simple interest, with declining rates if continued Applicant occupancy
 Loans due upon sale or transfer of property, when the property ceases to be Applicant-occupied, or upon the CalHome Program Loan maturity date “Eligible homes” may include homes as identified by the Consultant to be sold to eligible homebuyers after repairing any health and safety needs. For these homes, and/or applicants, City will utilize the services of the Consultant as des cribed in Section C below.
“Eligible homes” may also include homes that are in need health and safety repairs.

For these homes, and/or applicants, City will utilize the services of the Consultant as described in Section D below.

All services Consultant performs under this Agreement shall be conducted in a manner consistent with the terms of this Agreement and with the level of care and 24 AGENDA ITEM NO. 6.
13 skill ordinarily exercised by inspectors on similar projects in California with similar complexity and with similar agreements, who are specially qualified to provide the services City requires. Consultant shall conduct all services in conformance to, and compliance with, all applicable federal, state, and local laws, including but not limited to statutes, decisions, regulations, building or other codes, ordinances, charters, the Americans with Disabilities Act (“ADA”), the California Public Contract Code, the California Labor Code, the California Civil Code, and the California Government Code.

C. Consultant’s Specific Duties and Responsibilities – Home and Homebuyer Selections
City may elect to expand the work identified in this Exhibit B to include Consultant selection of eligible homes and/or eligible homebuyers.

Consultant’s additional responsibilities may include:

1. Identifying eligible homes, and/or eligible homebuyers for participation in the CalHome Program First Time Homebuyer Program.

2. Purchasing homes for repair and sale to eligible homebuyers.

3. Securing rehabilitation and/or mortgage assistance financing to expand this program. Working with City to establish finance mechanisms for this program, as it may be authorized by HCD.

4. Administrating escrow and tit le processes for the purchase of eligible homes and their subsequent resale to low-income eligible homebuyers.

5. The maximum allowable expenditure per home is one hundred thousand dollars ($100,000.00), inclusive of mortgage assistance provided, rehabilitation costs and eligible activity delivery fees

6. Ensuring all selected homebuyers attend the City-approved Homebuyer Class.

7. Other tasks, to be mutually agreed upon by City and Consultant, to administer this program.

D. Consultant’s Specific Duties and Responsibilities – Housing Inspection and Construction Management
Consultant shall be responsible for the following:

1. Within seven (7) days of notification from City staff (i.e. Housing Program Manager) of an eligible applicant with preliminary program approval for home repair, the Consultant’s construction manager shall schedule an initial inspection of the home with the homeowner/ Applicant, and shall notify City staff of the inspection appointment.
25 AGENDA ITEM NO. 6.
14 2. The Consultant’s construction manager will conduct the initial inspection of the home, and prepare a scope of work based on the most critical repair needs (including applicability of all required permits) for the repair of the unit, and submit the scope of work write-up to City for review and approval. The scope of work and photographs of the deficiencies shall be provided in a report format to City staff within seven (7) days of the initial inspection of the unit. The maximum allowable expenditure per home is one hundred thousand dollars ( $100,000.00), inclusive of mortgage assistance provided, rehabilitation costs and eligible activity delivery fees. The construction manager will notify City if the repairs required or requested are ineligible.

3. The construction manager will obtain written approval of the scope of work write-up and request a copy of the Rehabilitation Contract between City and the Applicant. Subsequently the construction manager will assist homeowners in obtaining bids from contractors licensed by the State of California to complete the approved rep airs and provide qualifying bids to Applicant for their contractor selection.

The c onstruction manager shall be responsible for obtaining any required design services and/or building permits.

6. Once a final invoice has been received from the contractor, the construction manager shall conduct a final inspection of the unit and prepare a punch list of outstanding and/or uncompleted items, if applicable. If a list of outstanding items is prepared, the inspector shall conduct a subsequent inspection to ensure that all items on the list have been completed.

7. The construction manager shall obtain a signed statement of final inspection and homeowner satisfaction from the homeowner upon final completion of the project. The construction manager will submit a final invoice to City for payment.

8. The construction manager shall provide all warranty information in written format to the homeowner.

9. The construction manager shall submit to City staff the homeowner’s statement of satisfaction, a verification of completion, any original documents, pictures, and correspondence for file completion and reporting. Consultant shall 26 AGENDA ITEM NO. 6.
15 provide sufficient information as required by HCD to assist City in submitting Borrower Summary and Activity Delivery Fee form.

10. Consultant shall provide monthly and annual reporting to City in a City approved format.

E. Staffing
Consultant shall provide sufficient staffing to timely p erform its duties and responsibilities under this Agreement, including coordination of the work to optimize efficiency and minimize conflict and interference between the various contractors on- site, and, if applicable, City’s own forces. All of the Consult ant’s personnel shall be qualified to perform the services they provide for the project(s). City may, upon fifteen (15) days written notice, cause Consultant to remove a person from the project(s) if he/she has failed to perform to City’s satisfaction. Con sultant shall provide a construction manager with authority to commit resources of Consultant to monitor, manage, and administer all aspects of this Agreement to help achieve the completion of all construction.

F. Quality Review and Inspections
Consultant shall establish and implement a comprehensive program to monitor the quality of the construction, as part of Consultant’s supervision of all contractors, subcontractors, and their work. The purpose of the program shall be to assist in guarding City against work by a contractor or subcontractor that does not conform to the requirement of the prime contract documents.

G. Warranty Inspections and Repairs
Consultant shall assist City in resolving any warranty related requests. 27 AGENDA ITEM NO. 6.
16 EXHIBIT C

ACTIVITY DELIVERY FEES
SAMPLE
Activity Category Description/Hours Estimated Cost

CONSULTANT
Contract Management 10 hours $1,500.00
Initial Home Inspection 5 hours $750.00
Work Write Up 5 hours $750.00
Project Bidding 5 hours $750.00
Contractor Selection/Start Work 5 hours $750.00
Construction Inspection & Closeout 10 hours $1,500.00
SUBTOTAL $6,000.00

CITY**
Appraisal if needed $500.00
Document Preparation/
Underwriting/Contract Management $875.00
Homebuyer Counseling for FTHB $125.00
SUBTOTAL $1,500.00

TOTAL PER HOME $7,500.00

**City fees may be funded from alternate funding source, as may be agreed to in advance, in writing by City, if additional funds are needed for construction inspection.

28 AGENDA ITEM NO. 6.
17 EXHIBIT D

INSURANCE REQUIREMENTS

Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit D. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’ s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to City.

a. Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:

(i) General Liability Insurance (including oper ations, products and completed operations coverages) in an amount not less than two million dollars ($2,000,000.00) per occurrence for bodily injury, personal injury , and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

(ii) Worker's Compensation Insuranc e as required by the State of California.

(iii) Automobile Liability Insurance in an amount not less than one million dollars ($1,000,000.00) per accident for bodily injury and property damage.

(iv) Umbrella or Excess Liability . In the event Consulta nt purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insu rance policy(ies) shall also apply on a primary and non -contributory basis for the benefit of City, its officers, officials, employees, agents, and volunteers.

If Consultant maintains higher limits than the minimums shown above, City shall be entitled to coverage at the higher limits maintained.

b. Other Insurance Provisions . The general liability policy is to contain, or be endorsed to contain, the following provisions:

(i) City, its officers, officials, employees, agents, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the Consultant; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant includ ing materials, parts , or 29 AGENDA ITEM NO. 6.
18 equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).

(ii) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects to City, and City officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

(iii) Each ins urance policy required by this section shall be endorsed to state that City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.

(iv) Consultant grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of s ubrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.

(v) Any deductibles or self -insured retentions must be declared to and approved by City ’s Risk Services. City may r equire the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.

d. Maintenance of Insurance . If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, where Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance.

Moreover, at its discretion, City m ay pay for such insurance with funds otherwise due Consultant under this Agreement.

e. Subcontractors. If Consultant should subcontract all or any portion of the work to be performed in this Agreement, Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction, or change of subcontractor’s insurance shall have the same impact as described above.
30 AGENDA ITEM NO. 6.
19 f. Special Risks or Circumstances . City reser ves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

g. Indemnity and Defense . Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement.

31 AGENDA ITEM NO. 6.
1 DRAFT

PROFESSIONAL SERVICES AGREEMENT FOR AFFORDABLE HOUSING

INSPECTION AND CONSTRUCTION MANAGEMENT SERVICES

This Inspection and Construction Management Services Agreement (“Agreement”) is entered into this _______ day of , 2022 , between the City of Clovis, a California general law city (“City”) and Self-Help Enterprises, a California non-profit corporation (“Consultant”) with respect to the following recitals, which are a substantive part of this Agreement.

RECITALS

A. WHEREAS, City is the recipient of a CalHome Program grant from the State of California, Department of Housing and Community Development (“HCD”) , and of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD), both sources providing funds for the repair of health and safety deficiencies in the owner-occupied homes of low and very low income homeowners (“Grants”); and

B. WHEREAS, City desires to contract with Consultant for inspection and construction management services (“Services”) for the rehabilitation of eligible homes within City , including the replacement of substandard mobile homes , in accordance with the terms of the Grants; and

D. WHEREAS, City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall provide Services for the repair of housing within City in accordance with the terms and conditions stated herein, with the terms and conditions of the Request for Qualifications published April 13, 2022, the terms and conditions of the Grants, and the terms and conditions of any other specifically referenced attachments Attachment 2 32
AGENDA ITEM NO. 6.
2 hereto. The detailed “Scope of Work” to be completed by Consultant, is attached hereto as Exhibit A – Scope of Work - Owner Occupied Rehabilitation Services.

2. Commencement of Services ; Term of Agreement . Consultant shall commence the Services upon City’s issuance of a written “Notice to Proceed” and shall continue with the Services until Consultant, as determined by City, has satisfactorily performed and completed the Services, or until such time as the Agreement is terminated by either party pursuant to Section 17 herein, whichever is earlier.

3. Payment for Services. City shall pay Consultant in the amounts, and in accordance with the terms, set forth in Exhibit B – Activity Delivery Fee Budget for the Services performed pursuant to this Agreement. Upon Consultant’s compliance with all terms for payment specified in Exhibit B, City shall tender payment to Consultant within thirty (30) days thereof.

5. Standard of Care. Consultant expressly represents it is qualified in the field for which Services are being provided under this Agreement and that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profe ssion, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws and regulations.

6. Licenses. Consultant expressly represents that both Consultant and its subcontractors, if any, are now, and wi ll be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant expressly represents that any construction mana ger(s) assigned by it , and any subcontractors used by it, to perform under this Agreement will at all times be licensed as a General Contractor by the State of California and hold a City Business License pursuant to Clovis Municipal Code, Chapter 3.1.

7. Identity of Subcontractors and Sub -Consultants. Consultant shall, before commencing any work under this Agreement, provide to City in writing: (a) the identity of all subcontractors and sub -consultants (collectivel y referred to as “subcontractors” ), if any , Consultant i ntends to utilize in Consultant’ s performance of this Agreement ; and (b) a detailed description of the full scope of work to be provided by such subcontractors.

Consultant shall only employ subcontractors pre -approved by City , and in no even t shall Consultant replace an approved subcontractor without the advance written permission of 33 AGENDA ITEM NO. 6.
3 City, with the understanding that City’s permission will not be unreasonably withheld.

Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant’s subcontractors.

10. Record Keeping; Reports. Consultant shall keep complete records with respect to all matters covered under this Agreement. Consultant shall be responsible and shall require its subcontractors to keep simil ar records. Consultant shall provide a complete copy of all records and reports to City at City’s request and upon termination of this Agreement. To the extent provided by law, City shall be given free reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes until the expiration of four (4) years after the furnishing of services under this Agreement.

11. Ownership and Inspection of Documents. All data, tests, reports, analyses, documents, records, conclusions, op inions, recommendations , and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electroni c devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work P roduct and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

12. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions. 34 AGENDA ITEM NO. 6.
4 13. City Name and Logo. Consultant shall not use City’s name or insignia, photographs relating to City projects for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

14. Conflicts of Interest . Consultant warrants that neither Consultant nor any o f its employees have an interest, present or contemplated, in the Services. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests, or income that will be affected by the Services. Consultant co venants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by City or a member of any City Board or Commission.

15. Non-liability of Officers and Employees . No officer or employee of City shall be personally liable to Co nsultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

16. City’s Right to Employ Other Consul tants. This Agreement is non -exclusive with Consultant. City reserves the right to employ other consultants in connection with the Services.

17. Termination of Agreement . This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following:
a. Termination by City: Without Cause . This Agreement may be terminated by City at its discretion upon seven (7) days prior written notice to Consultant. b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party of a material breach and a failure to cure within that time period.
c. Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant , and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applica ble portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through n o fault of City, City may withhold an amount that would otherwise be payable as an offset to City’s damages caused by such failure.
35 AGENDA ITEM NO. 6.
5 d. Effect of Termination . Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise) ; and (ii) deliver or otherwise make available to City, without additional compensation, all data, documents, procedures, records, reports, estimates, summaries, and such other i nformation and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.

20. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any m onies due by Consultant from City under the terms of this Agreement to any other individual, corporation , or entity. City retains the right to pay any and all monies due to Consultant directly to Consultant. 36 AGENDA ITEM NO. 6.
6 21. Form and Service of Notices . Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personal delivery to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivery by e -mail to a known address of the party to whom it is directed , provided the e -mail is accompanied by a w ritten acknowledgment of receipt by the other party. Service shall be deemed the date of written acknowledgement. c. Delivery by a reliable overnight delivery service (e.g. Federal Express, receipted) addressed to the addressees set forth below the signatories to this Agreement.

Service shall be deemed the date of delivery.
d. Delivery by deposit in the United States mail, first class, postage prepaid.

Service shall be deemed delivered seventy-two (72) hours after deposit.

Information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:

CITY CONTACT:

Claudia Cazares, Management Analyst
Affordable Housing Programs
1033 Fifth St.

Clovis, CA 93612
(559) 324-2094
[email protected]
CONSULTANT CONTACT:

Self-Help Enterprises
Susan Long, Program Director
8445 W. Elowin Court
Visalia, CA 93290
(559) 802-1630
[email protected]

Each party is responsible for notifying the other party of any changes to the contact information above.

23. Successors and Assigns . This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 37 AGENDA ITEM NO. 6.
7 24. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

25. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

27. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

28. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non -binding mediation before resorting to litigation or some other dispute resolution procedure, unless the parties mutually agree otherwise. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two (2) nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.
38 AGENDA ITEM NO. 6.
8 Demand for mediation shall be in writing and delivered to the other party to this Agreement. A demand for mediation shall be made within reaso nable time after the claim, dispute, or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute, or other matter in question would be barred by California statute of limitations.

31. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or state law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to, race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

NOW, THEREFORE, City and Consultant have executed this Agreement on the date(s) set forth below.

CITY OF CLOVIS

By:

John Holt, City Manager

Date:

ATTEST:

By:

Karey Cha, City Clerk

APPROVED AS TO FORM:

By:

Scott G. Cross, City Attorney

SELF-HELP ENTERPRISES

By:

Thomas Collishaw, President/CEO

Date:

39 AGENDA ITEM NO. 6.
9 EXHIBIT A

SCOPE OF WORK -

OWNER OCCUPIED HOUSING

REHABILITATION SERVICES

A. Program Information
The Owner -Occupied Home Rehabilitation Loan Program , described herein, is designed to provide financial assistance to eligible owner -occupied households to correct health and safety issues in the home, and is comprised of three separate but related activities: 1) Major Housing Rehabilitation, 2) Substandard Mobile Home Replacement, and 3) Minor Housing Rehabilitation.

1. The Major Housing Rehabilitation Program and the Substandard Mobile Home Replacement Program are funded with CalHome Program funds and ha ve the following Terms:
 Maximum loan amount of seventy-five thousand dollars ($75,000.00)  Deferred Payment with a thirty (30) year term
 Zero percent (0%) interest
 Loans for mobile home replacement will decline at ten percent (10%) per year after the first ten (10) years of the loan term, with the loan being forgiven at the end of the twenty (20) year term, if the mobile home is still occupied by the Applicant.

2. The Minor Housing Rehabilitation Program is funded with CDBG funds and has the following Terms:
 Maximum grant amount of six thousand dollars ($6,000.00)  Provided as a grant to the homeowner

City staff will market the program, administer application intake, review applications, underwrite loans, oversee work done by consultant in Section B below, manage and close out files and provide all needed documentation to HCD for funding reimbursements and approvals.

B. Consultant’s General Duties and Responsibilities
Consultant will administer Services in accordance with the requirements of this Agreement, in compliance with the terms of the Grants, and in accordance with the reasonable care of a professional inspector in the circumstances of this project for thirty-five (35) eligible homes, as assigned by City. Expenditures for these Services shall be completed by February 15, 2024, in order to meet HCD timelines. 40 AGENDA ITEM NO. 6.
10 City may assign additional homes to be included in this Scope of Work, as may be mutually agreed to by both the C onsultant and the City , in an amendment to this Agreement.

All services Consultant performs under this Agreement shall be conducted in a manner consistent with the terms of this Agreement and with the level of care and skill ordinarily exercised by inspec tors on similar projects in California with similar complexity and with similar agreements, who are specially qualified to provide the services City requires. Consultant shall conduct all services in conformance to, and in compliance with, all applicable federal, state, and local laws, including but not limited to statutes, decisions, regulations, building or other codes, ordinances, charters, the Americans with Disabilities Act (“ADA”), the California Public Contract Code, the California Labor Code, the Ca lifornia Civil Code, and the California Government Code.

C. Consultant’s Specific Duties and Responsibilities
Specifically, Consultant shall be responsible for the following:

1. Within seven (7) days of notification from City staff ( i.e., Housing Program Manager) to an eligible homeowner/Applicant with preliminary program approval for home repair, the Consultant’s construction manager shall schedule an initial inspection of the home with the homeowner/Applicant and shall notify City staff of the inspection appointment.

2. Consultant’s construction manager will conduct the initial inspection of the home, prepare a scope of work based on the most critical repair needs (including applicability of all required permits) for the repair of the unit, and submit the scope of work write-up to City for review and approval. The scope of work and photographs of the deficiencies shall be provided in a report format to City staff within seven (7) days of the initial inspection of the unit. The maximum allowable project costs per home is seventy-five thousand dollars ($75,000.00), inclusive of eligible activity delivery fees.

The construction manager will notify City if the repairs required or requested are ineligible.

3. The construction manager will obtain writt en approval of the scope of work write-up and request a copy of the Rehabilitation Contract between City and the Applicant. Subsequently , the construction manager will assist homeowners with obtaining bids from contractors licensed by the State of Californ ia to complete the approved repairs and provide qualifying bids to Applicant for their contractor selection.

4. After the construction contract between the Applicant and Contractor is fully executed and filed, work can begin. The construction manager issues notice to proceed to Contractor and ensures that work is progressing on schedule and that it is being performed in accordance with the requirements of the construction contract. 41 AGENDA ITEM NO. 6.
11 The c onstruction manager shall be responsible for obtaining any required desi gn services and/or building permits.

7. The construction manager shall obtain a signed statement of final inspection and homeowner satisfaction from the homeowner upon final completion of the project. The construction manager will submit a final invoice to City for payment.

8. The construction manager shall provide all warranty information in written format to the homeowner.

10. Consultant shall provide monthly and annual reporting to City in a City approved format.

E. Quality Review and Inspections
The Consultant shall establish and implement a comprehensive program to monitor the quality of the construction, as part of the Consultant’s supervision of all contractors, subcontractors, and their work. The purp ose of the program shall be to 42 AGENDA ITEM NO. 6.
12 assist in guarding City against work by a contractor or subcontractor that does not conform to the requirement of the prime contract documents.

F. Warranty Inspections and Repairs
Consultant shall assist City in resolving any warranty related requests.

43 AGENDA ITEM NO. 6.
13 EXHIBIT B

ACTIVITY DELIVERY FEES

SAMPLE
Activity Category Description/Hours Estimated Cost

CITY**
Appraisal if needed $500.00
Document Preparation/
Underwriting/Contract Management $875.00
Homebuyer Counseling for FTHB $125.00
SUBTOTAL $1,500.00

TOTAL PER HOME $7,500.00

**City fees may be funded from alternate funding source, as may be agreed to in advance, in writing by City, if additional funds are needed for construction inspection.

44 AGENDA ITEM NO. 6.
14 EXHIBIT C

INSURANCE REQUIREMENTS

Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’ s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to City.

a. Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:

(ii) Worker's Compensation Insurance as required by the State of California.

(iii) Automobile Liability Insurance in an amount not less than one million dollars ($1,000,000.00) per accident for bodily injury and property damage.

(iv) Umbrella or Excess Liability . In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non -contributory basis for the benefit of City, its officers, officials, employees, agents, and volunteers.

If Consultant maintains higher limits than the minimums shown above, City shall be entitled to coverage at the higher limits maintained.

b. Other Insurance Provisions . The general liability policy is to contain, or be endorsed to contain, the following provisions:

(i) City, its officers, officials, employees, agents, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the Consultant; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts , or 45 AGENDA ITEM NO. 6.
15 equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to th e Consultant’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).

(iii) Each insurance policy required by this section shall be endorsed to state that City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.

(iv) Consultant grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.

(v) Any deductibl es or self -insured retentions must be declared to and approved by City ’s Risk Services. City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

d. Maintenance of Insurance . If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, where Consultant shall pay the cost thereof to City upon demand, and City shall furnish Con sultant with any information needed to obtain such insurance.

Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement.

e. Subcontractors. If Consultant should subcontract all or any portion of the work to be performed in this Agreement, Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction, or change of subcontractor’s insurance shall have the same impact as described above.
46 AGENDA ITEM NO. 6.
16 f. Special Risks or Circumstances . City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

47 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: General Services
DATE: June 20, 2022
SUBJECT: General Services – Approval – Res. 22-___, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Police Officers’ Association.

ATTACHMENTS: 1. Res. 22-___, and MOU

CONFLICT OF INTEREST
None

RECOMMENDATION
For the City Council to approve a r esolution authorizing a successor Memorandum of Understanding (MOU) between the City of Clovis and the Clovis Police Officers’ Association (CPOA) Bargaining Unit, for the term of July 1, 2022 through June 30, 2025.

EXECUTIVE SUMMARY
City negotiators have recently concluded the meet and confer process with representatives of the CPOA bargaining unit for a successor MOU. Council authorization is required to implement the proposed amendments to the CPOA MOU.

BACKGROUND
The 2019-2022 MOU between the City and CPOA expires June 30, 2022. The City’s negotiating team and CPOA representatives have recently concluded negotiations for a successor MOU. A summary of the changes in the proposed MOU is below.

 Salary increases as follows:
o FY 2022-23: 5.0% wage increase
o FY 2023-24: 3.0% wage increase
o FY 2024-25: 3.0% wage increase.
 In addition to the wage increase above, the following positions will receive equity increases as follows:
o Police Officer: 6.06%
o Police Corporal: 5.50%
o Police Sergeant: 2.51%
48 AGENDA ITEM NO. 7.
 Increased uniform/boot pay from $1,200 to $1,500.
 Increased professional development incentive of 2.5% to 5.0% and 7.5% to 9.0% in exchange for the elimination of tuition reimbursement for a Master’s Degree.  Added a 3.0% shift differential for graveyard shift.
 Updated policies related to court pay and time off for court appearances.  Updated policies related to extra board and shift schedules.  Added new language for reinstatement of officers who separated from the City.  Allowing CPOA president to schedule 200 hours of CPOA time bank for CPOA business.  Side letter for COVID Premium Pay up to $4,000 per employees who worked during the City emergency order.
 Side letter for hiring incentive of new and lateral police officers.

The CPOA membership ratified the terms of the proposed MOU on or about June 17, 2022.

FISCAL IMPACT
The proposed amendments to the CPOA MOU will result in approximate increased costs for salary, incentives, and COVID premium pay of approximately $4.5 million over the next three (3) years, which will be budgeted during the term of the agreement.

REASON FOR RECOMMENDATION
The proposed 2022-2025 MOU between the City and CPOA maintains reasonable wages and working conditions related to the labor market for employees in the CPOA bargaining unit. Prior to its implementation, the proposed MOU must be approved by City Council resolution. The proposed amendments are within the financial parameters authorized by City Council and will preserve the City’s ability to attract and retain qualified personnel.

ACTIONS FOLLOWING APPROVAL
City staff and CPOA representatives will sign the proposed 2022-2025 MOU and any side letter agreements. Staff will implement the modifications within the new MOU.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager JH

49 AGENDA ITEM NO. 7.

RESOLUTION 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS ADOPTING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLOVIS AND THE CLOVIS POLICE OFFICERS’ ASSOCIATION BARGAINING UNIT

WHEREAS, a Memorandum of Understanding exists between the City of Clovis and the Clovis Police Officers’ Association (the Parties); and,

WHEREAS, the Memorandum of Understanding expires on June 30, 2022; and,

WHEREAS, an agreement has been reached between the Parties for a successor Memorandum of Understanding; and,

WHEREAS, the proposed CPOA Memorandum of Understanding 2022 -2025 and side letters are attached as Attachment A.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Clovis hereby adopts the Memorandum of Understanding between the City of Clovis and the Clovis Police Officer’s Association Bargaining Unit for the term of July 1, 2022 through June 30, 2025.

* * * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 20, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: June 20, 2022

___________________________ __________________________ Mayor City Clerk

Attachment 1
50 AGENDA ITEM NO. 7.

Memorandum of Understanding Between and For the

CITY OF CLOVIS

and the

CLOVIS POLICE OFFICERS' ASSOCIATION

July 1, 2022 through June 30, 2025

Attachment 1A-1
51 AGENDA ITEM NO. 7.

TABLE OF CONTENTS

SECTION TITLE PAGE

1. Introduction .......................................................................................... 1

2. Employee Rights ................................................................................. 1

3. City Rights ........................................................................................... 1

4. Nondiscrimination ................................................................................ 1

5. Unit Recognition .................................................................................. 2

6. Association Access ............................................................................. 2

7. Employee Representative ................................................................... 3

8. Maintenance of Operations ................................................................. 4

9. Unit Description ................................................................................... 5

10. Salary Schedules and Merit Step Increases ........................................ 5

11. Overtime Compensation ...................................................................... 7

12. CTO Buy-Back .................................................................................... 8

13. Compensation for Court Appearances ................................................ 9

14. Employee’s Sick Leave ..................................................................... 10

15. Health, Life, and Dental Insurance Compensation ............................ 12

16. Health Maintenance and Physical Fitness ......................................... 14

17. Uniforms ............................................................................................ 19

18. Retirement ......................................................................................... 20

19. Work Week ........................................................................................ 22

20. Overtime and Extra-Duty Board ........................................................ 24

21. Universal Notification ......................................................................... 26

22. Rest Periods and Meal Break ............................................................ 26

23. Holidays............................................................................................. 26

24. Military Leave .................................................................................... 27

25. Leave of Absence Without Pay ......................................................... 28

26. Bereavement Leave .......................................................................... 28

27. Jury Duty .......................................................................................... 29

28. Vacation ............................................................................................ 29

29. Donation of Leave Time………………………………………………… 29

30. Appeals and Grievance Procedures .................................................. 31

31. Tuition Reimbursement for Sworn/Non-Sworn Personnel ................. 34

32. Professional Development Program for Sworn Employees ............... 36

33. Association Time Bank ...................................................................... 37

34. Tattoos, Body Piercing, Ornamental Dental Art and Body Art ........... 38

35. Shift Trades and Substitutions .......................................................... 39

36. Shift Differential ................................................................................. 39

37. Reinstatement ................................................................................... 40

38. Seniority ............................................................................................ 40

39. Sole Agreement ................................................................................. 41

40. Full Understanding, Modification and Waiver .................................... 41

41. Term of Memorandum ....................................................................... 42 Appendix .................................................................................. .... Salary Schedule 52 AGENDA ITEM NO. 7.
1 1. INTRODUCTION

The representatives of the City of Clovis (City), and the repre sentatives of the Clovis Police Officers' Association (Association), having met and conferred in good faith, have mutually agreed to recommend to the City Council of the City of Clovis and to the general membership of the Police Unit that the following Memorandum of Understanding (MOU) be adopted and that the wages, hours, and other terms and conditions of employment in this exclusive agreement be implemented.

2. EMPLOYEE RIGHTS

Employees of the City of Clovis shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer -employee relations within the scope of representation. Employees of the City of Clovis shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment rela tions with the City of Clovis.

3. CITY RIGHTS

A. The City retains the right, subject to and in accordance with applicable laws, and the provisions of this MOU, (1) to direct employees in the performance of their duties; (2) to hire, promote, transfer , assign, and discipline employees; (3) to dismiss employees because of lack of work or in accordance with personnel rules and regulation s; (4) to determine the mission of its divisions and departments, and its budget, organization, number of employees, and the numbers, types, classifications, descriptions, and grades of positions or employees assigned to an organizational unit, work project shift, or tour of duty, and the methods and tech nology of performing its work; and (5) to take what ever action may be appro priate to carry out its mission in situations of emergency.

B. In addition, the City specifically retains the rights, su bject to the provisions of this MOU, to take whatever actions and set whatever policies it deems appropriate.

C. This Section will not operate to deny any individua l employee rights guaranteed by applicable law, including the Meyers – Milias - Brown Act ( Government Code Sections 3500 et seq) and the Public Safety Officers Procedural Bill of Rights Act (Government Code Sections 3300 et seq).

4. NONDISCRIMINATION

The City and the Association agree not to discriminate against any employees in accordance with applicable laws.
53 AGENDA ITEM NO. 7.
2 5. UNIT RECOGNITION

A. Acknowledgment: The City agrees to acknowledge the Clovis Police Officers' Association as the only recognized employee organization representing the non-management employees itemized in Section 9.

B. Dues Deduction: Payment of dues or fees shall be by payroll deduction, after the City receives written authorization from the Association to make these deductions . The City will deduct the appropriate dues or fees as established and as may be changed from time to time by the Association, from the employee’s pay and will remit such dues or fees to the Association.

Payroll deductio ns for new members authorizing dues deduction will become effective the first day of the pay period immediately following the City’s receipt of, at minimum, a 10-day advance notice from the Association.

Failure to provide the City with, at minimum, 10 -days advance notice may result in dues deductions beginning the second pay period following receipt of the notice. Payroll deductions will cease or be modified upon receipt of written certification from the Association that the employee has revoked or modified the deduction authorization for dues or fees. Revocations or modifications of authorizations will become effective the first day of the pay period immediately following the City’s receipt of, at minimum, a 10 -day advance notice from the Association. Failu re to provide the City with, at minimum, 10 -days advance notice may result in cessation of dues deductions beginning the second pay period following receipt of the notice.

The Association agrees to maintain files containing authorization for dues deduction on behalf of employees, and to promptly provide proof of same, upon request of the City should a dispute over employee dues deduction arise.

In accordance with Government Code 1157.12, the Association agrees to hold the City harmless from all claims, dem ands, suits or other forms of liability that may arise against City for or on account of any deduction made from the wages of such employees pursuant to this MOU.

C. The City will provide Association members with release time and access to City facilities consistent with the Meyers -Milias-Brown Act and other applicable law.

6. ASSOCIATION ACCESS

The City and the Association agree on procedures for administering Assembly Bill 119 (AB 119) Union Access for the Association’s represented employees that are newly hired and for existing employees and wish to agree to the following:

54 AGENDA ITEM NO. 7.
3 A. The Association waives all the provisions in AB 119 that make it mandatory for the City to provide personal information of peace officers within 30 days of hire and provide personal information of peace officers every 120 days to the union. The Association also waives the City’s obligation to notify the bargaining unit within 10 days of a new hire orientation. Further, the Association waives its right to union access or attendance during the new hire orientation process. The City will agree to allow the Association not less than two hours of time during the Police Department new hire training program to meet with the newly hired Associat ion employees. The Association representative will be allowed to meet with the new employee(s) while on duty without loss of compensation.

B. The Association acknowledges that Government Code 6254.3 and Evidence Code 1043 are both applicable and prevailing sections of the law which modifies and contradicts the language of AB 119 as it pertains to the Association members and future members. The Association agrees that the language of Government Code section 6254.3 and Evidence Code 1043 will be the controllin g language. Government Code section 6254.3, subsection (c) and Evidence Code 1043 provide the following:

C. Government Code section 6254.3, subsection (c) Upon written request of any employee, a public agency shall not disclose the employee’s home address, h ome telephone number, personal cellular telephone number, personal email address, or birth date. . .”

D. Evidence Code §1043 is specific to peace or custodial officer personnel records and provides that when peace or custodial officer personnel records are sought, a Pitchess motion must be filed with the appropriate court or administrative body. Personnel rec ords of peace officers are defined in Penal Code §832.8 and include, “personal data, including marital status, family members, educational and employment history, home addresses, or similar information, and, any other information the disclosure of which would constitute an unwarranted invasion of personal privacy.”

7. EMPLOYEE REPRESENTATIVE

A. The City recognizes that the Association may appoint an individual to handle grievances pertaining to this MOU.

B. The employee representative's duties shall be as follows: (1) to investigate and discuss a grievance with an employee of the Unit; and (2) if, after such a discussion, there is a valid reason for the grievance to be filed, the employee representative may a ssist the employee in presenting the grievance at the appropriate step of the procedure.

55 AGENDA ITEM NO. 7.
4 C. The employee representative shall conduct the above -described duties, whenever possible, during "non -working" hours. The employee representative shall only be allow ed to conduct said duties during working hours if (1) it doesn't interfere with another employee's performance, (2) it is impractical to conduct during non -working hours, and (3) the employee representative receives no compensation by the City for such ti me spent.

Consistent with the foregoing , the City and Association shall attempt to schedule grievance meetings at mutually agreed times.

8. MAINTENANCE OF OPERATIONS

A. It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Association and each employee represented hereby agrees that during the course of this MOU, and for a period of time not to exceed ninety (90) days following the termination of this MOU, the Association or any person acting in its behalf, or each employee in a classifi cation represented by the Association shall not cause, authorize, engage in, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing, other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compli ance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours and other terms and conditions of employment.

B. An employee shall not be entitled to any wages or City paid benefits whatsoever provided that the City Council determines to its satisfaction that the employee is, or has, engaged in any activity prohibited by subsection A of this Section. The City may take other action which it deems appropriate.

C. Provided that the City Council determines to its satisfaction, that subsection A of this Section has been violated by the Association, the City may take such remedial action as it deems appropriate.

D. The Association recognizes the duty and obligation of its represent atives and members to comply with the provisions of this MOU and to make every effort toward inducing all employees in this Unit fully and faithfully to perform their duties.

56 AGENDA ITEM NO. 7.
5 9. UNIT DESCRIPTION

This Unit shall consist of all full-time regular or probationary employees of the City of Clovis' Police Department which are specifically enumerated below:

A. Sworn Unit Members

Police Sergeant
Police Corporal
Police Officer
Police Recruit

B. New classifications approved by the City Council an d determined to be appropriately placed within this Unit shall become part of this Unit and covered by the terms of this MOU upon such determination. The City will notify the Association of any such determination.

10. SALARY SCHEDULES AND MERIT STEP INCREASES

A. Fiscal Year 2022-2023 - The following wage adjustments shall become effective on the first day of the first payroll period following CPOA ratification and City Council approval of this MOU.
 All positions shall receive a 5.0% wage increase.
 Police Officer shall receive a 6.06% equity adjustment for a total increase of 11.06%.
 Police Corporal shall receive a 5.50% compaction adjustment for a total increase of 10.50%.
 Police Sergeant shall receive a 2.51% equity adjustment for a total increase of 7.51%.

B. Fiscal Year 2023-2024 - Effective July 1, 2023, all positions shall receive a

3.0% wage increase.

C. Fiscal Year 2024-2025 - Effective July 1, 2024, all positions shall receive a

3.0% wage increase.

D. Merit Step Increase . The City agrees to maintain its current five (5) step merit increase salary plan during the term of this MOU.

E. Motor Officers' Premium Pay . Sworn members who are assigned to and work Motorcycle Tr affic Enforcement shall receive Three Hundred Fifty Dollars ($350.00) per month in addi tion to his/her base salary for each month (or portion thereof) that the Police Officer is so assigned.

F. Field Training Officers (FTO) and Trainers.
57 AGENDA ITEM NO. 7.
6 1) The Field Training Officer (FTO) assignment is a year-round assignment.

The FTO assignment will generally be for two-year periods. Police Officers assigned to the position of Field Training Officer (FTO) shall receive a 6% salary premium for the duration of the assignment. The 6% salary premium shall discontinue when the employee is no longer assigned to be an FTO.

The FTO assignment is at the discretion of the Chief of Police. The Chief of Police or authorized designee of the Chief has the ability to discontinue the assignment of an FTO for cause. Any appeal will go directly to the Chief of Police who will make the final decision regarding any appeal. The Chief of Police or authorized designee shall determine how many and which Police Officers will be selected to be a FTO. The Police Chief or authorized designee shall also determine the scheduling of FTO shifts.

Those selected will be required to sign up on designated FTO shifts. Initially all FTO’s will sign up based on Officer Seniority. Once the FTO program is established, FTO’s will sign up based on seniority within the unit.

The FTO premium does not apply to Police Sergeants and Police Corporals.

2) Officers who are called upon to serve as Field Training Officers (FTO's) will receive a 7.5% premium for time worked as an FTO for two consecutive hours or more. This premium will not be applied to Police Corporals.

G. Acting Shift Supervisor. Police Corporals are required to exercise direction and control over subordinates, and those job functions are within a Corporal’s normal job duties. However, Corporals shall receive premium pay of 5% for time worked as a Shift Supervisor for two consecutive hours or more.

H. Bilingual Premium Pay . Association employees who possess non -English language skills that have been identified by the City as beneficial to the Police Department’s mission shall receive One Hundred Fifty Dollars ($150.00) per month in addition to base salary. The City shall determine which non-English languages qualify for the premium pay and the standards of proficiency that an employee must possess in order to receive the premium pay.

I. Explosive Ordinance Device (EOD) Team Pay . Sworn members who are selected for the EOD team shall serve in that capacity as probationary EOD team members until they complete the necessary training to obtain an EOD training certificate. Sworn officers shall not receive extra compensation during their probationary status on the EOD team. Upon the City’s receipt of a copy of an EOD certificate or other document indicating that the probationary EOD team member has successfully completed Hazardous Devices School (Federal Bureau of Investigations/Department of Homeland 58 AGENDA ITEM NO. 7.
7 Security), the City shall pay the EOD team member an additional Three Hundred Fifty Dollars ($350.00) per month in addition to the team member’s base salary (or pro rata amount if the office r serves less than one month) for each month the O fficer is assigned to the EOD team. This additional Three Hundred Fifty Dollars ($350.00) per month is paid in lieu of the City paying for additional term life insurance in the amount of $225,000.00.

J. On-Call Compensation . Employees in the Investigations Unit that are assigned by the Chief or the Chief’s designee to be on -call shall receive compensation for the period of time that they are on-call. During the on-call period the employee must be available by telephone and able to report to work within sixty minutes of notification. Employees assigned to be on-call will receive 10 hours of straight time for each week they are assigned to be on-call. The 10 hours of on-call time shall not have any cash value but may be taken as time off with supervisor approval. When an employee is on-call for less than a week they shall be compensated on a pro -rata basis. On - call time shall be credited as earned.

K. Special Assignments . All sworn officers who are selected to work in the following special assignments shall receive an additional Two Hundred Fifty Dollars ($250.00) per month in addition to their base salary (or pro rata amount of $250.00 if the officer serves less than one month) for each month the officer is assigned to these positions: Investigations, Narcotics, Gangs, or Planning and Neighborhood Services.

11. OVERTIME COMPENSATION

A. Employees subject to this MOU will be compensated with overtime for hours actually worked in excess of their normal shift. All overtime worked must be reported by the employee to a supervisor within twenty -four (24) hours of the overtime worked.

B. Employees, at their option, may choose either compensatory time off or monetary pay for extraboard duty, after shift enforcement, extending shifts, shift cleanup, court, call backs, presenting training and call outs. The method of compensation may be CTO or Pay, at the sole discretion of the Chief for special event s, attending training, special enforcement, or other overtime not outlined above.

C. The rate of compensation shall be at on e and one -half times the rate of regular pay for all overtime activities.

D. Any employee called back to work while off duty off shall be compensated a minimum of four (4) hours at the overtime rate. Call-back which occurs in 59 AGENDA ITEM NO. 7.
8 conjunction with and in contin uum of the regularly scheduled shift hours shall be compensated according to Section 10-A.

E. Upon providing a minimum of 14 days ’ notice, unless mutually agreed otherwise, the city may require an employee to adjust or “flex” their normally scheduled work h ours within a work week to accommodate preplanned activities such as training, meetings, special enforcement details and special events which would otherwise generate overtime.

F. If time is being flexed to accommodate attending training as a student, meetings or other non enforcement related activities the time flexed shall be calculated at straight time. If time is being flexed to accommodate an enforcement related detail or planned special event the time flexed shall be calculated at time and a half.

G. All sworn officers who are assigned to a position of Canine Handler on a regular, full-time basis shall be compensated for canine maintenance at one and one-half times the applicable rate which is the overtime rate of pay for a police officer recruit step 1 (one) for 30 minutes per day, seven days a week, whenever the police service dog is kenneled at the handler’s residence. Canine maintenance will include feeding, watering, cleaning of kennels, cleaning canine patrol vehicles, grooming and/or bathing the canine, light exercise, training and other related miscellaneous duties.

Canine Handlers will also be compensated for hours actually worked when the handler is required to spend more than 30 minutes on an emergency or other non -routine canine maintenance duty (i.e., emergency veterinary visits). The officer will be pai d at their regular rate of pay for non-routine canine maintenance.

Canine Handlers will not be compensated for canine maintenance when the police service dog is kenneled at a location other than the canine handler’s residence.

12. CTO BUY-BACK

A. Effective upon adoption of this agreement, notwithstanding anything in this agreement to the contrary, no employee shall be allowed to accumulate over 240 hours of CTO. Any CTO earned above the maximum will be paid to the employee.

B. The time at which th e employee shall be granted CTO shall be at the sole discretion of the Chief of Police. The predominant factor to be considered is the City’s needs.

60 AGENDA ITEM NO. 7.
9 C. Employees shall hav e the following options concerning cash -out of CTO hours:

1) Once each contract year each bargaining unit member may, upon notice to the City of at least one payroll period, receive pay only for a block of 200 hours of the employee’s CTO, providing th at the employee has at least 200 hours of CTO accumulated at the time of request; or,

2) Twice each contract year each bargaining unit member may, upon notice to the City of at least one payroll period, receive pay only for a block of 100 hours of the employee’s CTO, providing t hat the employee has at least 100 hours of CTO accumulated at the time of request; or,

3) Four (4) times each contract year each bargaining unit member may, upon notice to the City of at least one payroll period, re ceive pay only for a block of up to 50 hours of the employee’s CTO, providing t hat the employee has CTO accumulated at the time of request.

13. COMPENSATION FOR COURT APPEARANCES

A. For the purpose of this MOU, the term courts shall include a legally required appearance at an activity of any judicial proceeding arising from the course and scope of employment with the City of Clovis.

B. Required appearances at court occurring on an employees’ regular day off shall be compensated at a minimum of four (4) h ours of overtime rate.

Employees required to stand by for court on either, a regular day off, or on a regular work day when assigned to work a “graveyard” shift or “swing shift", in case they may be required to appear in Court, shall be compensated with one hour of straight time in total for any a .m. hours.

Those assigned to work a “graveyard shift” shall also receive one hour of straight time in total for any p.m. hours. Court standby time will apply unless the employee is require to appear in court. For the purposes of this section, the following definitions apply: day off is defined as a regularly scheduled day off or a previously approved absence. A graveyard shift is defined as a work schedule which typically begins before midnight and ends approximately between 0 400 and 0800 the following morning. A “Swing shift” is defined as a work schedule that starts between 1200 and 1700 hours

C. Required appearances at courts which occur on an employees’ scheduled work day shall be compensated as follows: if the appearance is required more than four (4) hours in advance of the employees’ shift the employee shall be compensated a minimum of four (4) hours at the time and one-half 61 AGENDA ITEM NO. 7.
10 rate. Co urt overtime earned under this Se ction is not contingent on the employee’s regular schedule in a 28 day period.

D. Required appearances at courts which occur on an employees’ scheduled work day and the appearance is less than four (4) hours in advance of the employees’ shift shall be compensated based upon the forty (40) hour work week.

E. Vacation/Time Off approved during the bi -annual Vacation/Time off shift rotation sign -ups will be the only time employees will be able to decline subpoenas and the court liaison will be responsible for making the necessary notifications to the District Attorney’s Office/Courts. For any time off submitted outside the scheduled vacation/time off submission process, the employees will be responsible for making any necessary arrangements with the District Attorney’s Office/Courts. Please refer to Policy section 348, specifically 348.2.1 Service of Subpoena.

F. Required appearances for telephone or video subpoenas shall be compensated at a minimum of one (1) hour at the overtime rate, if the appearance is required more than one (1) hour in advance of the employees shift or scheduled on an employee’s day off. Employees shall not be eligible for compensation for more than one telephone appearance in one day.

G. Overtime minimums shall not be paid more than once in the case of multiple court appearances on the same day with overlapping times.

H. If an employee is required to use their personal vehicle for out of town court appearances, the employee shall be compensated at the prevailing mileage rate as established by the City. Mileage shall be computed starting and ending from the Police Department.

I. The City shall not compensate with overtime or reimburse mileage or expenses for court appearances occurring as the result of an employe es’ employment with another employer.

14. EMPLOYEE’S SICK LEAVE

A. Each employee will receive eight (8) hour's sick or accident allowance for each full month of employment, up to a total of ninety -six (96) hour's allowance per calendar year. Such allowanc e is cumulative from year to year without limit.

B. Benefits shall be payable commencing the first day of absence due to the employee's sickness or accident.

62 AGENDA ITEM NO. 7.
11 C. Sickness or accident benefit payments, including workers' compensation payments, for any work w eek shall not exceed an employee's normal straight time weekly earnings.

D. Sick leave benefits are payable only for an employee's regularly scheduled work days on which he or she is off as a result of the employee's illness or accident, or illness or accident occurring to an immediate family member as defined in Section 28(9) of the MOU. Additionally, 48 hours of sick time may be used for the care of a grandchild.

E. The employee may be required, at the discretion of the City Manager or the City Manager's authorized representative, to furnish a doctor's certificate or other satisfactory proof of illness or accident after two (2) days of absence.

If the employee is sus pected of abusing the sick leave privileges, said requirement may be imposed after any length of absence. The City Manager or the City Manager's authorized representative may terminate or withhold said benefits if the employee fails to furnish satisfactor y and non- falsified proof of illness or accident.

F. Sick Leave Incentive. A sick leave incentive plan is established as follows:

1) To be eligible for sick leave incentive pay, an employee must have three hundred twenty (320) hours accumulated sick leave at the time payment is made.

2) Employees may elect to receive a sick leave incentive payment in cash or have an equal number of hours added to their annual vacation accrual.

Employees may also elect to have an amount equivalent to their sick leave incentive deducted from their paychecks and deposited in their deferred compensation account. Sick leave incentive payments/conversion shall be made once per year on the first paycheck following November 16. For the purposes of computing sick leave incentive pay hereunder, sick leave shall be computed from December 1 of the preceding year through November 30 of the year in which incentive is to be paid. Employees must notify the Finance Department by November 15 if they wish to receive the sick leave incentive benefit as vacation accrual, deferred compensation, or sick leave accrual. If no such notice is received, employees shall automatically receive the sick leave incentive in cash.

The hours available under the sick leave incentive program shall be based on the following schedule:

The amount of sick leave available for cash out is reduced by one hour for every full hour of sick leave used during the year. An employee is eligible to cash out a maximum of 48 hours as a result of no sick leave usage during 63 AGENDA ITEM NO. 7.
12 the year and a minimum of 8 hours for forty hours of sick leave used during the year.

The remaining portion of unused sick leave hours shall continue to accumulate.

G. Employees who retire from the City on the regular PERS service retirement benefit may elect to receive a lump sum cash-out up to 25% of their accrued sick leave balance as calculated at the time of retirement. This benefit is not applicable to employees who leave City service under any other conditions, including employees who retire under PERS disability retirements or regular service retirement pending PERS disability retirements. Appropriate federal/state tax withholding will be made at the time of cash-out. Employees wishing to participate in this benefit shall notify the Personnel Division o f their intentions within thirty (30) days of their retirement date by completing a Sick Leave Cash-Out Benefit form.

H. Unused sick leave hours will be cashed-out as noted above. The sick leave hours that remain after the cash-out will be certified to PERS for the benefit known as “Credit for Unused Sick Leave.”

15. HEALTH, LIFE, AND DENTAL INSURANCE COMPENSATION

A. The City and the Association agree that the City’s Health Benefits Committee (HBC) shall be the exclusive representative body for the purposes of all mandatory meet and confer issues that are related to the City’s health benefit plan (medical, dental, and pharmacy, vision, and life insurance coverages) inclusively.

B. The HBC shall be convened by the City at least once each quarter to review the City’s health benefit plan. The HBC shall include a member and an alternate from each of the represented City bar gaining units. The represented members shall determine their own voting and conflict resolving procedures so that they can present (whenever possible) a single proposal for all their represented employees. Sufficient management staff will represent the Cit y on the HBC as determined by the City. The City or HBC may also request to convene at other times to meet and confer as provided for in this agreement.

If any bargaining unit represented by the HBC is not in agreement with the position of the HBC as demonstrated by a negative vote of their respective affiliation membership, such bargaining unit and their designated representative(s) will meet and confer with the City to impasse prior to the implementation of any meet and confer proposals made in accordance with this agreement.
64 AGENDA ITEM NO. 7.
13 C. The City’s health benefit plan structure shall be determined through the meet and confer process between the HBC and the City. The City’s health benefit plan structure is defined as the type and level of benefits. The benefits provided under this section shall be at the minimum type and level of benefits that is no less than the minimum benefit offered by any of the program providers as listed on the 1995 Health Program Benefits Sheet distributed on February 1, 1995, provided tha t the benefit is competitively available in the local market. The City will select the health benefit plan vendors and set the health benefit plan rates. The City will meet and confer with the HBC regarding the impacts of vendor selection, rates, rate structure, and other plan change impacts.

D. The employee contribution rate will remain at 10% of the total cost of the lowest cost plan as determined by the City for the various employees, employee/family, and other tier groups as proposed. Increases or decreases in the year to year premium will be shared in the same 10% employee, 90% employer ratio for the term of this MOU unless otherwise changed through the meet and confer process with the HBC.

E. Employees who waive City medical, prescription, dental and vi sion coverages will receive a waiver incentive of $420.00 per month.

F. Employees who waive medical and prescription drug coverages will receive a waiver incentive based on the following employee coverage tiers:
 Employee Only $362.00
 Employee + Child(ren) $322.00
 Employee + Spouse $309.00
 Employee + Spouse + Child(ren) $265.00

Employees who choose to discontinue health coverages through the City shall continue to receive City -provided life insurance coverage and employee assistance program (E.A. P.) benefits. To be eligible for this incentive, employees must: (1) notify the City’s Personnel Division of their decision to discontinue health coverage during the City’s annual health insurance open enrollment period; (2) verify in writing that they have group medical coverage from another source; and (3) verify to the City that discontinuance of health coverage does not constitute a violation of any court order or other legal obligation to which the employee may be subject.

In the event that an employ ee who has opted -out of the City’s health coverage subsequently loses his/her alternate medical coverage due to a life changing event as defined by the Consolidated Omnibus Budget Reconciliation Act (COBRA), the employee may re-enroll in the City’s health coverage program. It shall be the responsibility of the employee to notify the City’s Personnel Division of such a life changing event within 30 days of the event.
65 AGENDA ITEM NO. 7.
14 Any changes in ACA regulations that affect cash-in-lieu benefits will require a reopener on the cash-in-lieu benefit.

16. HEALTH MAINTENANCE AND PHYSICAL FITNESS

A. Introduction

Improved physical fitness should increase employees' health and longevity, boost energy levels, reduce the use of sick leave and medical services, and generally benefit all parties concerned. Accordingly, the City and the Association agree to develop prog rams to promote "employee wellness," and ensure employee physical fitness, during the course of employment with the City of Clovis. The City and the Association agree that it is the intent of the Health Maintenance and Physical Fitness Program to promote employee health and wellness and that every sworn employee covered by this MOU should maintain at least the minimum physical standards described herein.

B. Employee Wellness Program

1. The City and the Association will jointly and periodically sponsor "health fairs" to provide employees with information on healthy life styles, and to offer voluntary tests for health issues such as glaucoma, vision, hearing, body fat, blood pressure, cholesterol breakdown, colon bleeding, heart rate recovery, flexibility, etc.

2. The City and the Association shall work cooperatively, through a Joint Committee, to develop an ongoing program for "employee wellness" and health maintenance.

3. The City will designate a "Wellness Coordinator" whose responsibilities will include monitoring employee health, offering health -related assistance whenever requested, and developing ongoing programs which make information on health care readily accessible.

4. Possible elements to be included in a health maintenance program, on a purely voluntary basi s, may include noontime walking classes, aerobic classes, healthy eating seminars, weight control groups, morning stretch classes, smoking cessation classes, stress management seminars, and stress and relaxation classes.

C. Health Maintenance and Physical Fitness

1. Subjects for Testing
66 AGENDA ITEM NO. 7.
15 The physical fitness testing will cover four areas:

1. Cardiovascular

2. Strength

3. Flexibility

4. Body Composition

2. Test Procedure and Scoring

a. The parties agree that beginning in contract years 2014-2016, the test used shall be the Fitness Testing and Health Promotion Pr ogram, as presented by Pinnacle Training Systems and follow the Cooper Standa rd as developed by the Cooper Institute.

b. If this testing format should ever be unavailable or be determined inappropriate, the testi ng shall follow guidelines as established i n the paragraph above, or shall be modified as determined necessary the mutual consent of the City and CPOA.

3. No Smoking Policy
a. Introduction
The City recognizes the need of many of its empl oyees to work in an environment free of tobacco smoke. The City also respects the rights of employees who choose to smoke to make personal decisions without interference with the rights of other workers.

b. Ban on Workplace Smoking
Employees who want to smoke during off-duty hours, in non-work locations, may choose to do so. The City thinks it is important for the health and fitness of all employees, however, to maintain a smoke -free environment.

The City maintains a hiring policy which disqualifies smokers from eligibility for employment. Current employees who were hired prior to July 1, 1989 , may smoke during t heir off-duty hours, at non-work locations. At any City facility or work area including lounges , City vehicles and rest areas in City facilities, smoking is banned. Failure to observe this policy may lead to disciplinary action, up to and including dismissal.

4. Sanctions
The purpose of Clovis' physical fitness program is to promote better health and improve performance, not to punish. Accordi ngly, employees will be offered assistance and given ample opportunity to achieve minimum health and fitness standards. Employees hired after July 1, 1990, will be required to maintain a minimal level of health proficiencies throughout their employment.

67 AGENDA ITEM NO. 7.
16 Employees Hired After July 1, 1990

Step One - An officer or employee, hired after July 1, 1990, who fails to satisfy minimum health and fitness requirements (p ursuant to the physical testing standards established by Clovis' Joint Committee ) is in violation of his or her contract. Consequently, that employee will be retested within 45 days.

Step Two - Employees who fail to pass the retest shall not be eligible for promotion, transfer, special assignment, or pay increases.

Step Three - Employees who fail to meet minimum health and fitness standards at the next scheduled physical fitness test shall be subject to the sanctions described in Step Two and shall lose their seniority for the purposes of shift selection and vacation selection.

Step Four - Employees who fail to meet minimum health and fitness standards at subsequent physical fitness test(s) shall be subject to the sanctions described in Step Two and Step Three, and shall have their salary reduced by one pay step. Continued failure to meet the standards at subsequent physical fitness tests shall result in further step reductions in addition to the sanctions described in Step Two and Step Three.

Upon meeting the minimum health and fitness standards, a sanctioned employee shall have all sanctions removed. In addition, a sanctioned employee who has had his/her salary step reduced as a consequence of failing to meet the physical fitness standards, and who subsequently meets the standards by passing the fitness test, shall ha ve their salary restored to the salary step prior to the reduction.

Any decision concerning sanctions is subject to review by the Police Chief and the City's Personnel Division.

An employee shall be considered to have maintained the minimum level of heal th proficiency (to have “passed”) by completing the minimum performance standard for age and gender in the cardiorespiratory performance portion of the test.

5. Employees Hired Prior to July 1, 1990

a. Any officer or employee who fails to meet minimum health and fitness standards will be retested within 45 days. Individuals who, after retesting, still have not met minimum health and fitness requirements may be recommended for sanctions as defined in this Section.

68 AGENDA ITEM NO. 7.
17 b. The only sanctions which may be applied to Cl ovis Officers or employees hired prior to July 1, 1990, who fail to meet minimum health and physical fitness standards are non -eligibility for promotion, transfer, assignment to Investigations, Youth Services, Planning and Neighborhood Services, Motors, Canine Assignments, and merit wage increases (Officers will be eligible for any "across -the-board" increases granted to all unit members).

c. Any decision concerning sanctions is subject to review by the Police Chief and the City’s Personnel Division.

6. Exemplary Physical Fitness

a. The purpose of this section is to encourage employees to achieve exemplary physical fitness or to improve their performance on the physical fitness testing from previous years. In order to accomplish this, employees will receive compensation for achieving increasing levels of exemplary performance on the areas of the test.

b. An employee will not receive compensation only for achieving passing Performance in the cardiorespiratory portion of the test. This is considered the minim um standard and must be achieved before any other compensation for exemplary fitness will be received.

Exemplary performance will be established as follows:

a. The employee must have passed the cardiorespiratory portion of the test on the first attempt.

b. The employee must have completed all evaluated/scored portions of the test (currently eight) with exceptions as noted below.

1. An employee may choose not to participate in one testing category (other than cardio respiratory) based upon an existing injury and still be eligible for exemplary physical fitness.

c. For each category of the test evaluated in a very poor, poor, fair, good, excellent, and superior format a numerical score shall be established as follows:

1. Very poor – 0 pts.

2. Poor – 1 pt.

3. Fair – 2 pts.

4. Good – 3 pts.

5. Excellent – 4 pts.

6. Superior – 5 pts.

69 AGENDA ITEM NO. 7.
18 d. A raw total shall be established by adding the total of all the tests and an average then created by dividing by number of tests, truncated to the nearest tenth.

e. Modifications to Raw Total. Prior to det ermining the average score, an employee’s raw total fitness score may be modified as follows:

1. Employees whose body fat percentage is in the “good” or “excellent” category may increase their raw total by one (1).

2. Employees who participate in the blood screening component of the test may increase their raw total by one (1).

f. Fitness workshops. Employees who participate in a fitness workshop may increase their raw total by one (1) for each workshop attended to a maximum score adjustment of two (2).

1. The city will provide a minimum of two (2) health/fitness workshops during the course of each fiscal year.

2. The content and format of each workshop shall be at the discretion of the city, but each shall be no longer than eight hours and must occur entirely within one calendar day.

3. Each individual workshop will be offered twice, once during the week and once on weekends to accommodate shift schedules.

4. Participation in a workshop is voluntary and overtime compensation will not be given.

5. If the city is un able to provide the required workshops, then all officers will receive the appropriate score modification as if they had attended the cancelled workshops.

g. Exemplary performance will be ranked as follows based upon the average score from the fitness tests:

1. Tier 1: 1.6 to 2.5

2. Tier 2: 2.6 to 3.5

3. Tier 3: 3.6 to 4.5

4. Tier 4: 4.6+

h. Exemplary Fitness Compensation. Officers will receive compensation for exemplary fitness based upon their tier ranking as follows:

1. Tier 1: No incentive provided.
70 AGENDA ITEM NO. 7.
19 2. Tier 2: 10 hours “Fit time” or $200

3. Tier 3: 10 hours “Fit time” and $500

4. Tier 4: 10 hours “Fit time” and $1000
Fitness compensation will be paid annually on the first paycheck following July 5.

i. Fit Time hours must be taken consecutively. Fit Time hours must be used within twelve months of receipt or the hours will be deleted. Request for use of Fit Time hours may be made up to 24 hours in advance and are subject to review and approval by the employee’s supervisor.

j. The maximum combined Exemplary Fitness Compensation incentive available to CPOA members may not exceed the greater of $65,000, or the amount budgeted by the City for such compensation. The above listed amount of $65,000 is based on the police department st affing level of 100 officers. For each actively staffed sworn position beyond 100, the maximum combined incentive shall increase by 1% . If, in any fiscal year, employee performance results in comp ensation exceeding this amount, all fitness incentive amounts shall be reduced by an equal percentage until the combined compensation is below the greater of $ 65,000, or the amount budgeted by the City for fitness incentive compensation.

k. Any changes to the testing format and / or guid elines for exemplary physical fitness compensation shall require the mutual agreement of the City and CPOA.

l. If the Fitness Testing and Health Promotion Program should ever become suspended, employees who have tested and received at least the Tier 2 fitness incentive compensation in the most recent test shall receive the Tier 2 fitness incentive compensation until such time that a new fitness test is implemented and new test results are achieved.

17. UNIFORMS

A. The City shall provide each sworn employee in this Unit with an annual uniform allowance of One Thousand Five Hundred Dollars ($1,500.00) .

Such uniform allowance shall be paid annually on the first paycheck following July 5 . The allowance will be prorated in accordance with the starting or ending date of employment with the City. Each sworn employee shall purchase and maintain a Class A uniform. The Class A uniform consists of a standard Class B uniform with long sleeve shirt, tie with gold colored tie bar, g old colored name plate, polished shoes/boots and hat.

Changes to the Class A uniform will be determined by the Department Uniform Committee comprised of three CPOA representatives and a member of the Department Management team designated by the Chief of 71 AGENDA ITEM NO. 7.
20 Police. The City shall also continue its past practice regarding providing extra safety equipment for assignments to motorcycles. Specifically, for such officer, the City shall repair or replace, as needed, helmets, boots, leather jackets, gloves, and safety glasses.

B. If the City or the Department elects to make any change in uniforms, said change will be implemented at the beginning of a fiscal year.

18. RETIREMENT

A. For the purpose of this MOU, references t o “PEPRA” shall mean the regulations resulting from the Public Employee s’ Pension and Retirement Act as enacted in 2013.

B. Sworn Personnel Classified as PERS “Classic Employees” Pursuant to PEPRA

1. PERS contributions shall be comprised of three parts: employee contributions, employee cost -sharing contributions and City contributions.

Employees shall continue to pay, via payroll deduction, the amount prescribed by the rate established for each employee’s contribution into the PERS fund for the benefit known as “3% at 50.” I n addition to payment of employee contributions, each employee shall also pay an additional 8% into PERS as an employee cost -sharing contribution. The City shall pay to PERS, as its employer contribution, the difference between the Total PERS rate and the sum of the employee contribution rate and the additional 8.0% total employee cost-sharing contribution, in order to continue to fund the benefit known as “3% at 50.”

2. During the term of this agreement the City shall continue to make the employer contribution for each eligible employee for the PERS Classic safety retirement benefit known as “3% at 50”. Employees shall continue to pay, via payroll deduction, the amount prescribed by the rate established for each employee’s contribution into the PERS fund for this benefit.

3. The City shall continue the "Single Highest Year" benefit and the "Credit For Unused Sick Leave" Benefit (Government Code Section 20965) during the term of this contract. The employee shall continue to pay, via payroll deduction, the amount prescribed by the rate established for each employee’s contribution into the PERS fund for this benefit.

4. The City shall continue to pay the cost of Option 21548, the Pre-retirement Optional Settlement 2 Death Benefit.

C. Sworn Personne l Classified as PERS “New Employees” Pursuant to PEPRA
72 AGENDA ITEM NO. 7.
21 1. PERS contributions shall be c omprised of three parts: employee contributions, employee cost-sharing contributions and City contributions.

Employees shall continue to pay, vi a payroll deduction, the amount prescribed by the rate established for each employee’s contribution into the PERS fund for the benefit known as “2.7% at 57.” In addition to payment of employee contributions each employee shall also pay an additional 8% into PERS as an emplo yee cost–sharing contribution. The City shall pay to PERS, as its employer contribution, the difference between the Total PERS rate and the sum of the employee contribution rate and the additional 8.0% employee cost sharing contribution, in order to continue to fund the benefit known as “2.7% at 57.”

2. During the term of this agreement the City shall continue to make the employer contribution for each eligible employee for the PERS New Member safety retirement benefit known as “2.7% at 57”. Employees shall continue to pay, via payroll deduction, the amount prescribed by the rate established for each employee’s contribution into the PERS fund for this benefit.

3. The City shall continue the " PERS Three Year Highest Compensation " benefit and the "Credit For Unused Sick Leave" Benefit during the term of this contract. The employee shall continue to pay, via payroll deduction, the amount prescribed by the rate established for each employee’s contribution into the PERS fund for this benefit.

4. The City shall continue to pay the cost of Option 21548, the Pre-retirement Optional Settlement 2 Death Benefit.

D. The City shall maintain the PERS Level 4 Survivors Benefit for all unit members during the term of this agreement.

E. The City has adopted a resolution intended to permit employ ee pension contributions to be made on a pre-tax basis whenever possible, as long as no additional cost to the City is involved.

F. Subject to review by the Public Employees Retirement System (PERS) the following elements of special compensation are reported to PERS for calculation of final compensation for retirement purposes for PERS Classic Employees Holiday Pay, Uniform Pay, Motor Pay, Bilingual Pay, Field Training Officer Pay, Acting Shift Supervisor Pay, Explosive Ordinance Device Team Pay, Sherman Block Supervisory Leadership Institute Certification, Master Instructor Development Program Certification and Education Incentive Pay. Items excluded by PEPRA for employees classified as New Employees will not be reported.

73 AGENDA ITEM NO. 7.
22 G. Unit members hired after January 1, 2013 and who are considered “New” employees under PEPRA regulations may elect to participate in a deferred compensation program that includes a City matching contribution once they have completed their initial probationary period . However, all unit employees may participate in the deferred compensation program without the City matching contribution at any time during employment. The deferred contribution program is subject to IRS Section 457 program rules.

Enrollment in the program shall become effective in the pay period following the submittal of an enrollment request. The provisions of the deferred compensation program are as follows:

City’s Matching
Contribution/Payment Maximum City Payment

(City/”New” PEPRA Employee)

1:1 3% of monthly base salary

Employees who are considered “Classic” employees with CalPERS are not eligible for the match.

19. WORK WEEK

A. Sworn Employ ees: Pursuant to section 7(k) of the FLSA, the City has adopted the 28 day work period for its sworn police employees effective July 1, 2016. The work period shall begin at 0700 hours on Sunday and end at 0700 hours the following Sunday.

B. No employee will be regularly scheduled to have any split days off during the work period.

C. Police Corporals and Police Sergeants

1. Seniority in class at the Clovis Police Department may be used as a criterion for permitting those persons in the classification of Police Corporal to have an opportunity to select to which Patrol Shift they wish to be assigned.

2. Police Corporals and Police Sergeants will be permitted to select their shifts by seniority in class. Once said shifts are selected, there is no time limit upon how long a Corporal or Sergeant may remain on his or her selected shift.

3. Notwithstanding the a bove, the Police Chief or his authorized representative may assign any Police Corporals or Police Sergeants to any Watch, at any time, when there exists a need or cause to make such 74 AGENDA ITEM NO. 7.
23 assignment. In these cases the person being reassigned shall be given the reasons for reassignment and at least 48 hours' notice of said reassignment except that shorter notice may be given in cases of emergent need.

D. Police Officers

1. Seniority in class at the Clovis Police Department will be used as a criterion for permitting those persons in the classification of Police Officer to have an opportunity to select to which Patrol Shift they wish to be assigned.

2. This policy applies to Police Officers assigned regular Patrol Watch assignments. It does not include: Police Officers assigned to special duties and/or assignments (such as Traffic, Walking Beat, any other special assignment), or Police Officers on probation and/or not possessing a POST Basic Certificate.

3. An attempt will be made to assign Police Officers to their preferred Watch, with the following restrictions:

i. Shift rotation shall continue to occur on Sunday in July and January in the first new 28 day period.

ii. The department will post patrol shift sign -up no later than ten (10) weeks prior to shift rotation. Officers will have a two (2) week period immediately following to select their shifts. The final shift schedule will be posted no later than six (6) weeks prior to shift rotation.

4. Shift Coverage For Scheduled Community Events - - Shift schedul es designed to provide staffing for annual, recurring community events as determined by the Police Chief will be completed and posted by the department at least fourteen (14) days in advance of the event. These events shall include: Clovis Rodeo Week, Big Hat Day, the Clovis Christmas Parade and the week that the Clovis Unified School District’s school year begins and July 4 th. Exceptions may occur when events take place or information is received that necessitates changes in staffing levels within the 14 day period.

All employees available for event staffing will receive advanced notice of the sign-up posting for any event requiring overtime staffing.

Notwithstanding the above, the Police Chief or his autho rized representative may assign any Police Officer to any Watch, at any time, when there exists a need or cause to make such assignment. In these cases, the Police Officer being reassigned shall be given the reasons for reassignment and at least 48 hours' notice of said reassignment except that shorter notice may be given in cases of emergent need.

75 AGENDA ITEM NO. 7.
24 20. OVERTIME AND EXTRA-DUTY BOARD

A. The City of Clovis agrees that it will compensate the employees of the above-described Unit for overtime, by pay at one and one-half (1-1/2) times the regular rate of pay. An employee shall be compensated at said overtime rate whenever an employee is required to work in excess of the ir normal shift in the 28 day work period.

B. The assignment of overtime will be in the City's sole discretion. How ever, the City shall endeavor to select among those employees who are qualified, those individuals who wish to work overtime, and when reasonably possible, to schedule such overtime work in advance. Whenever scheduling overtime work for Patrol duty, the City agrees to utilize the Extra -Duty Board procedure enumerated below whenever reasonably possible.

C. Extra-Duty Board for Uniformed Patrol Division

1. All employees in the classification of Police Officer or Police Corporal will be allowed to sign up for Extra-Duty Board.

2. A Police Officer or Police Corporal will not be allowed to work back-to-back shifts except in emergencies. (Extra -Duty Board will not restrict a Watch Commander from keeping a Police Officer on duty, i.e., extending shift, for a few hours if the City's needs required such duty.)

3. Vacation days and days off are all times when a Police Officer or Police Corporal could sign up for Extra-Duty Board. (A Police Officer may not sign up to work during mandatory time off.)

4. Officers eligible to work Extra -Duty Board must have a cellular phone with service through the vendor selected by the Department.

5. When an Extra-Duty Board is needed, the Watch Commander will utilize the system that is in place and notify all eligible officers that an Extra -Duty Board is needed on a specific date and time. The first officer to respond to the call will be assigned the Extra-Duty Board. The supervisor utilizing the Extra-Duty Board will place the officer’s name on a list indicating that the officer has received an Extra -Duty Board assignment for that month.

Officers who have received an Extra -Duty Board assignment in a given month will not be eligible for another Extra -Duty Board assignment during that same month. However, officers who have been assigned an Extra-Duty Board will be eligible for additional Extra-Duty Board assignments if no other officers respond to subsequent call(s) for Extra-Duty Board assignments.

76 AGENDA ITEM NO. 7.
25 6. In the event that two eligible officers call to fill the open shift, the first officer to respond to the supervisor will receive the shift if both officers have already worked an overtime shift for that month.

7. The time in which to respond to a call for an Extra -Duty Board will be 15 minutes from the time the call is sent.

8. After an Extra -Duty Board is filled, the Watch Commander will notify all eligible officers that the Extra-Duty Board has been filled and by whom.

9. Once the initial 10 minutes has expired from the initial extra board alert and no officer has voluntarily signed up, the supervisor will then send a second alert stating “Second Request”. Officers and Corporals who have already worked an extr a board f or that month are now eligible to work said extra board. In the event no Officer or Corporal responds to the Second Request” after 10 minutes, a Supervisor will send a third notification stating that the shift is “Open to all.” At that time, a Pol ice Sergeant may then volunteer to sign up for the shift.

10. Sergeants, Corporals, and Officers who receive a City cell phone should respond to all messages sent by City personnel within a reasonable period of time, except those related to Extra -Duty Board assignments. The only exception to this rule will be for general pages to all staff announcing extra boards as described in Section 19.C-6.

11. The Watch Commander Sergeant or Corporal can authorize Extra -Duty Board. Watch Commanders can utilize Extra -Duty Board in case of shift personnel illness and vacations. The Patrol Divisional Commander can authorize Extra-Duty Board assignments above, the minimum requirements as per Departmental/City needs.

12. For Extra-Duty Board, Police Officers and Police Corporals will be given a choice of pay at time and one -half or compensatory time at time and one - half. If a Police Officer or Police Corporal signs up to work on a holiday that falls on his day off, he will be paid time and one-half as any other day.

13. Police Officers and Police Corporals will be responsible for filling out a pay sheet, which must be approved by the Watch Commander.

14. The Extra -Duty Board will be utilized when a Watch Commander determines that he/she has less than adequate personnel on any given shift. The Division Commander or his/her designee shall have final authority in determining minimum staffing requirements. In administering this provision, the City shall consider officer safety.

77 AGENDA ITEM NO. 7.
26 15. The Chief of Police/Patrol Division Commander retains the right to order any Officer to work, per Departmental/City needs, regardless of whether or not an Officer is signed up on the Extra-Duty Board.

21. UNIVERSAL NOTIFICATION

A. It is in the City’s best interest to develop a means to contact all CPOA members in the case of events or circumstances occurring of such critical importance to the Department or to the security and safety of the community that it requires universal notification of sworn/non sworn personnel. At the Police Chief’s discretion, CPOA members will be provided with a means of communication by which the Department can contact employees in case of such a need.

B. CPOA members shall use reasonable diligence in establishing and maintaining contact with the Department and shall respond as requested within a reasonable amount of time to the Department’s issuance of a universal notification.

C. In the event of a universal notification, CPOA members shall respond through the Police Chief’s Office or to his/her designated representative.

22. REST PERIODS AND MEAL BREAK

A. Employees working “5/8” or “4/10” or “9/8” shifts will receive one (1) twenty (20) minute rest period and a forty (40) minute meal break without loss of pay. The timing of these rest periods and meal breaks shall be reasonably scheduled by the City in accordance with the requirements of the Department.

B. Employees working a “3/12” work shift will receive one (1) 40 minute meal break and (2) twenty minute rest periods without loss of pay per work shift.

23. HOLIDAYS

A. Employees shall receive 108 hours of paid leave in lieu of holidays annually for twelve months of service. Holiday time shall be credited in advance to all personnel on each subsequent July 1 during the term of this contract, and shall not be credited on a monthly basis.

B. Not later than June 15 th of each year, for the following fiscal year, employees provided with holiday time will provide the department written notice of their choice to cash-out up to 108 hours of current annual holiday 78 AGENDA ITEM NO. 7.
27 time at their straight time rate, and the number of hours they plan to use as time off. Hours chosen to be cashed -out will be cashed-out on November 30, or June 30, or a combination of the two dates. Once this choice has been made, it may not be changed by the employee, except in the case of unforeseen personal circumstances wh ich must be approved by the Chief of Police. Hours designated to be used, but not actually used by the end of a fiscal year, may be carried over into the next fiscal year. However, in the next fiscal year the employee must designate for cash-out at least the same number of hours carried over. At no time would an employee accrue more than 108 holiday leave hours and 108 holiday cash -out hours. In recognition, and consistent with the PERS requirement to report compensation as earned, holiday time that is cashed out must be declared at the beginning of the fiscal year so that it can be reported to PERS at the rate of 4.5 hours per pay period over the course of the fiscal year if 108 hours are cashed out.

1. Unused Holiday Time without cash value that has been carried over from previous fiscal years may still be taken as time off only, provided it does not conflict with operational needs and/or create an overtime expense as determined by the Police Chief or designee.

C. If an employee terminates employment with th e City prior to June 30, any pro-rate holiday time cashed-out or used in excess of 9 hours per month will be deducted from his/her final paycheck. If an employee terminates employment prior to June 30, all unused holiday time earned that does not exceed 9 hours per month on a pro -rata basis will be cashed -out to the employee.

D. Every day appointed in writing by the President or the Governor for a public fast, thanksgiving or holiday on which both federal and state employees receive a paid holiday, provided that if it is not absolutely clear that the President or the Governor has appointed a national or statewide day for fast, thanksgiving or holiday, the City Council (pursuant to subdivision (n) of California Government Code Section 6700) shall make a final, binding and non-appealable decision as to whether City employees shall be granted a holiday.

E. If during the term of this agreement the City Council determines to add any additional City -wide paid holidays, the same shall be offered to this Association on the same terms and conditions.

24. MILITARY LEAVE

A. Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the City Manager 79 AGENDA ITEM NO. 7.
28 and/or the City Manager's authorized representative an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

B. City employees will be paid their regular salary for the first 30 days of active duty within a fiscal year. Starting on the 31st day of active duty, employees will receive the difference between their military base pay and their City of Clovis pay. Military orders and wage statements will be required. See the Leave Guide for more details. CalPERS service credit will be determined in accordance with Government Code 20997 and CalPERS guidelines.

C. The Association expressly reserves the right to challenge the legality of the City's policy on payment for military leave.

25. LEAVE OF ABSENCE WITHOUT PAY

A. The City Manager may grant a permanent or probationary employee a leave of absence without pay or seniority for not to exceed three (3) months.

Leaves of absence without pay may be extended at three (3) month intervals (up to a maximum of nine (9) month e xtension) upon the mutual agreement of the City, Association, and the employee involved. No such leave shall be granted except upon written request of the employee setting forth the reason for the request, and the approval will be in writing. Upon expiration of the regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee may be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge, in the discretion of the City Manager.

B. The Department Head may grant a permanent or probationary employee a leave of absence without pay for not to exceed one (1) calendar week .

Such leave shall be recorded on a Personnel Action form generated by the Police Department and approved by the City Manager.

26. BEREAVEMENT LEAVE

A. An employee shall be entitled to forty (40) excused hours with pay in an y one (1) calendar year to attend the funeral of any member of the employee’s immediate family.

B. For purposes of this Section, the term “immediate family” shall include the husband, wife, registered domestic partner, father/step, mother/step, brother/step, sister/step, child/step, grandparents, grandchildren, 80 AGENDA ITEM NO. 7.
29 mother/father in -laws, brother/sister in -laws and legal dependents of the employee or special circumstance deemed appropriate by the Chief of Police.

C. The City will take all reasonable steps to accommodate an employee’s work schedule so he/she may attend the funeral of an immediate family member.

27. JURY DUTY

Employees are encouraged to serve on jury duty. While so serving, they will still be paid by the City on the basis of a forty (40) hour week, at their normal rate of pay, on condition that any compensation (in excess of mileage expenses) received from the court be turned over to the City.

28. VACATION

A. Employees in this Unit shall earn vacation credit on the following basis:

Years of Service Accrual
1 through end of year 7 5 hours posted on each pay period to a maximum of 280 hours 8 through end of year 14 6 hours posted on each pay period to a maximum of 328 hours 15 through end of year 19 6.667 hours posted each pay period to a maximum of 360 hours 20 Years or more 8 hours posted on each pay period to a maximum of 360 hours

B. The time at which the employee shall be granted a vacation i s at the sole discretion of the Chief of Police or designee. The predominant factor to be considered is the City's needs.

C. Vacations will be taken in accordance with Departmental seniority regardless of rank or job assignment.

29. DONATION OF LEAVE TIME

A. A voluntary donation of vacation time or CTO time or personal leave time (i.e., floating holiday time) from one employee to another may be permitted for the purpose of providing a full-time employee with paid leave time for the care of themselves, or an immediate family membe r, who is suffering from a debilitating illness or injury as determined by a physician or other qualified health care provider. Employees may request a donation of vacation, CTO, or personal leave time from other employees under the following circumstances:

1. The employee requesting receipt of the donation of time must have less than eighty (80) cumulative hours accrued sick leave, vacation and /or CTO leave time at the time the request is made.
81 AGENDA ITEM NO. 7.
30 2. Donations of time shall be made in minimum donations of four ( 4) hour blocks of time.

3. Donation of leave time requests shall be processed through the Personnel/Risk Management Division and will be received for at least four weeks.

4. Donated hours shall be converted from the donor’s hourly rate of pay to the recipient’s rate of pay. All hours donated shall be converted to sick leave hours and credited to the recipient.

5. Donated hours are to be used by the employee when his/her sick leave is insufficient to maintain their pay and the reason for absence is consistent with the request for leave donation . The employee will not be required to use vacation, CTO or Holiday Time to maintain a paid status unless the donated hours have been exhausted. The employee may request a leave of absence without pay consistent with the applicable provision in the MOU to preserve paid leave balances. The granting of such a request is at the sole discretion of the City. An employee who is using donated hours to maintain their pay will not accrue sick time or vacation time.

6. Donations will be provided to the requesting employee in the order they are received for processing in any given period. As a result, all leave donations will be date stamped and numbered before processing. The donating employee will receive notice of the leave adjustment when processed.

7. If donations greater than the number of hours needed for the immediate pay period are received, they will be held by Personnel/Risk Management for the ensuing pay period(s) and processed at that time.

8. When the reason for requesting the donated hours no longer exists or if the donations received are greater than the amount of hours needed by the requesting employee, the hours donated but not used/processed will not be deducted from the donating employees leave balance except that donated hours will be used to ensure that employee requesting leave donations will be left with a cumulative balance of no less than 80 hours of vacation, CTO and sick leave to the extent that leave donations and norm al accruals provide such a balance.

9. For the purposes of this Section, “immediate family” shall include the husband, wife, registered domestic partner, father/step, mother/step, brother/step, sister /step, child/step, grandparents, mother/father in -laws and legal dependents of the employee receiving the transfer of time.

82 AGENDA ITEM NO. 7.
31 10. Nothing in this section shall be construed to require donations of time to employees who request donations of leave time.

11. Employees wishing to donate vacation, CTO, or personal leave time to the receiving employee shall provide written authorization to the Personnel/Risk Management Division for the transfer of time. The written authorization shall indicate the donating employee’s name, the number and type of hours to be donated, and the name of the receiving employee.

30. APPEALS AND GRIEVANCE PROCEDURES

RULES OF APPEAL TO PERSONNEL COMMISSION

SECTION 1. Right of Appeal – Grievances: Any bargaining unit employee in the competitive service shall have the right to submit a grievance to the Personnel Commission regarding the interpretation or alleged violation of the Personnel Ordinance or these Rules, except in instances where the right of appeal is specifically prohibited by the Personnel Ordinance or these Rules.

SECTION 1.2 Right of Appeal – Disciplinary Action: Any sworn employee shall have the right to appeal disciplinary action consistent with the Public Safety Officer Procedural Bill of Rights. Any non-sworn employee shall have the right to appeal disciplinary action (except where the disciplinary action if for five (5) days or less) consistent with the appeal process set forth in the Personnel Rules and Regulations.

SECTION 2. Method of Appeal: Appeal shall be in writing, subscribed by the appellant, and filed with the Personnel Officer, who shall, within five (5) days after receipt of the appeal, inform each member of the Personnel Board, the appointing power and such other persons or officers named or affected by the appeal of the filing of the appeal. The appeal shall be a written statement, addressed to the Personnel Board, explaining the matter appealed from the setting forth therein a statement of the action desired by the appellant, with his reasons therefor. The formality of a legal pleading is not required.

SECTION 3. Notice: Upon the filing of an appeal, the Personnel Officer shall set a date for hearing on the appeal not less than ten (10) days, or more than thirty (30) days from the date of filing. The Personnel Officer shall notify all interested parties of the date, time and place of the hearing at such places as the Personnel Board shall prescribe.

SECTION 4. Investigation: Upon the filing of an appeal, the Personnel Board may make such independent investigation of the matter as it may deem necessary. The result of such investigation shall be made a part of the record of the proceedings and the appellant shall have the right to have a rea sonable time within which to 83 AGENDA ITEM NO. 7.
32 answer or to present evidence in opposition to the findings of this inde pendent investigation.

SECTION 5. Hearing: The appellant shall appear personally, unless physically unable to do so, before the Personnel Board at the time and place of the hearings.

He may be represented by any person or attorney as he may select and may at the hearing produce on his behalf relevant oral or documentary evidence.

Appellant shall state his case first and, at the conclusion, opposition matter may then be presented. Rebuttal matter not repetitive may be allowed in the discretion of the Personnel Board. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Personnel Board by its Chairman, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings shall be open unless the appellant, in writing, requests a closed hearing.

SECTION 6. Findings and Recommendations: The Personnel Board shall, within ten (10) days after the conclusion of the hearing, certify its findings and decision in writing to the appellant and to the person, officer or bo dy from whose action the appeal was taken. The person, officer or body from whose action the appeal was taken shall review the findings and recommendations of the Personnel Board and may then affirm, revoke or modify the action taken as, in its judgment, seems warranted, and the action taken shall be final. Any member of the Personnel Board may submit a minority or supplemental finding and recommendation. In case of suspension, discharge or demotion, the Personnel Board shall reinstate any employee to hi s former status if proof is made that the action was for political, religious or racial reasons.

The grievance mechanism is set forth in Personnel Rule XIII which reads as set forth below with the addition of the fact that a grievance shall be defined as a good faith complaint of one or a group of employees, or a dispute between the City and the Association involving the interpretation, application, or enforcement of the express terms of this MOU.

GRIEVANCE PROCEDURES

SECTION 1. Purpose of Rule:

(a) To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

(b) To afford employees individually or through qualified employee organizations a systematic means of obtaining further consid erations of 84 AGENDA ITEM NO. 7.
33 problems after every reasonable effort has failed to resolve them through discussions.

(d) To provide that appeals shall be conducted as informally as possible.

SECTION 2. Matters Subject to Grievance Procedures: Any employee in the competitive service shall have the right to appeal, under this Rule, a decision affecting his employment over which his appointing power has partial or complete jurisdiction and for which appeal is not provided by other regulations or is not prohibited.

SECTION 3. Informal Grievance Procedures: An employee who has a prob lem or complaint shall first try to get it settled through discussion with his/her immediate supervisor within ten (10) days of the event being grieved, or within ten (10) days after the employee becomes aware of the event being grieved. Within ten (10) days after this discussion, if he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his supervisor's immediate superior, if any, in the administrative service. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the employee is not in agree ment with the decision reached by discussion, he shall then have the right to file a formal appeal in writing within ten (10) calendar days after receiving the informal decision of his immediate superior.

An informal appeal shall not be taken above the appointing power.

SECTION 4. Formal Grievance Procedure:

(a) First Level of Review: The appeal shall be presented in writing to the employee's immediate supervisor , who shall render his decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the appeal. If the employee does not agree with his supervisor's decision, or if no answer has been received with fifteen (15) calendar days, the employee may present the appeal in writing to his supervisor's immediate superior. Failure of the employee to take further action within ten (10) calendar days after receipt of the written decision of his supervisor, or within a total of twenty -five (25) calendar days if no decision is rendered, will constitute a dropping of the appeal.

(b) Further Level of Review as Appropriate: The supervisor receiving the appeal shall review it, render his decision and comments in writing, and return them to the employee with fifteen (15) cal endar days after receiving the appeal. If the employee does not agree with the decision, or if no answer has been received within fifteen (15) calendar days, he may present the appeal in writi ng to the department head. Failure of the employee to take further action within ten (10) calendar days after receipt of the decision, 85 AGENDA ITEM NO. 7.
34 or within a total of twenty-five (25) calendar days if not decision is rendered, will constitute a dropping of the appeal.

(c) Department Review: The department head receiving the appeal of his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appro priate persons. The department head shall render his decision and comments in writing, and return them to the employee within fifteen (15) calendar days after receiving the appeal. If the employee does not agree with the decision reached, or if no answer had been receive within fifteen (15) calendar days, he may present the appeal in writing to the appointing power. Failure of the employee to take further action within ten (10) calendar days after receipt of the decision, or within a total of twenty -five (25) calendar days if no decision is rendered, will constitute a dropping of the appeal.

(d) Appointing Power: The appointing power receiving the appeal or his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appro priate persons. The appointing power may designate a fact finding committee, officer not in the normal line of supervision, or Personnel Board to advise him concerning the appeal. The appointing power shall render a decision in writing to the employee within twenty (20) calendar days after receiving the appeal.

SECTION 5. Conduct of Grievance Procedure:

(a) The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.

(b) The employee may request the assistance of another person of his own choosing in preparing and presenting his appeal at any level of review.

(c) The employee and his representative may be privileged to use a reasonable amount of work time as determined by the appropriate department head in conferring about and presenting the appeal.

(d) Employee shall be assured freedom from reprisal for using t he grievance procedures.

31. TUITION REIMBURSEMENT

The City shall reimburse employees in the Unit for the cost of tuition, required fees (such as a health fee), required textbooks or e -books, for job -related courses leading to a college degree. To be eligible for reimbursement, the course must be related to job duties or related to a position to which an employee might reasonably aspire.

86 AGENDA ITEM NO. 7.
35 The maximum reimbursement rate will be calculated September 1 of each year as the total of eight (8) semesters full -time undergraduate tuition, including required fees, at California State University Fresno. A total of $2,000 for required textbooks or e-books will be added to the tuition fees noted above for a grand total maximum reimbursement. Expenses for courses which began prior to July 1, 2019 will not be included in the maximum lifetime allocation.

Reimbursement under this Section shall be made under the following conditions:

A. Employees must have c ompleted their initial probationary period with the City.

B. By February 28 of each year, employees must submit a written request to participate in the Educational Incentive Program including an estimate of costs to be incurred during the following fiscal year.

C. Course work must be for an accredited college or university degree program, and have the prior approval of the Department Head.

Accreditation shall be through the U.S. Department of Education unless otherwise approved by the Department Head.

D. An employee will be eligible for reimbursement of approved expenses for either an Associates, or Bachelor’s degree. Employees approved by the department head for a Master’s degree program prior to March 1, 2022 may utilize this tuition reimbursement for the c ompletion of the approved Master’s degree. Fees for any combination of these degrees may be reimbursed as long as they do not exceed the employee’s maximum allocation for the Educational Incentive Program.

E. Course work must be work-related and determined by the Department Head to be of benefit to the City. Required course work as part of an approved undergraduate or master’s degree program is eligible for reimbursement.

F. Reimbursement of approved course work and related expenses shall be contingent upon the attainment of a letter grade of “C” or better , or “Pass” in a course with Pass/Fail grading. Reimbursement shall be made after the employee submits expense receipts and proof of letter grade.

G. Fees not required for enrollment such as parking, graduation r elated expenses, or travel will not be reimbursed.

H. All courses for which reimbursement is sought shall be taken while off duty and not in paid status.

87 AGENDA ITEM NO. 7.
36 32. PROFESSIONAL DEVELOPMENT PROGRAM

A. Purpose. The purpose of the City of Clovis Police Department Professional Development Program is to increase and maintain high levels of profes - sionalism among Police Officers in order to attain a superior quality of Police service for the community and to better equip individual Police Officers for handling comple x and difficult social and community problems characteristic of modern society. Thus, the program is intended more effectively to prepare both new recruits and experienced officers to cope with the changing role of the Police Officer in today's community t hrough broadening his/her educational background and exposure. Commencing with the term of this agreement, progression through the steps of this program, as described in detail below, is graphically illustrated by the chart attached to this MOU.

B. General Provisions. Upon receiving a degree and/or an appropriate level certificate issued by the California Commission on Peace Officers' Standards and Training (POST), a salary increase based on the attached schedule will be perma nently added to the Officer's base pay. In order to receive the Educational Incentive, an officer must have satisfactorily completed appropriate course requirements with a grade average of "C" or better.

C. Eligibility Requirements. To be eligible for participation in the program, Police Officers must have met the following requirements.

1. Each officer must have satisfactorily completed the entry-level probationary period and have attained regular status; provided, two (2) years of service shall be the maximum wait for eligibility. However, lateral officers with a minimum of 2 years of experience will be considered eligible upon satisfactory completion of the FTO program.

2. Each Police Officer must be classified as Police Officer, Police Corporal or Police Sergeant.

3. Each Police Officer who plans to participate in the program must advise the Personnel Officer, through the Chief of Police, on the appropriate forms.

4. The Police Officer must have received a degree from an accredited college or university and have been in a program whi ch leads to an Associate or Bachelor's degree in a subject area approved by the Police Chief and City Manager.

5. Program Incentive. Upon completion of each degree level requirement and/or the required POST Certificate and submittal of the necessary forms, 88 AGENDA ITEM NO. 7.
37 the appropriate salary incentive will be added to the permanent base pay for the Officer as follows:

Educational Requirement Increase
Associates Degree AND Intermediate POST Certificate,
OR 5.0%
Advanced POST Certificate (no degree required)
OR
Bachelors Degree (no POST certificate required)
Bachelors Degree AND Advanced POST Certificate 9.0%

6. The incentive pays specified above do not compound.

7. Responsibilities and Duties: Officer's Responsibilities: Each Officer participating in the program is responsible for informing the Chief of Police and the City Manager or the City Manager's authorized representative of his degrees and/or certificates from POST. Officers are responsible to handle all matters pertaining to the college or university and are required to have academic tran scripts and records of achievement submitted through the Police Chief. Keeping in mind that the purpose of the program is to encourage the professional development of the Clovis Police Department, through attainment of higher education, each Officer participating in the program should commit himself to work as quickly as feasible toward completion of the requirements of the degree sought.

D. Sherman Block Supervisory Leadership Institute Certification. Sergeants who complete the Sherman Leadership Institute Certification shall receive $100.00 per month added to their permanent base salary.

E. Master Instructor Development Program Certification. Sworn personnel who complete the Master Officer Certification shall receive $100 per month added to their permanent base salary.

33. ASSOCIATION TIME BANK

A. Employees shall donate four (4) hours of vacation time each year to the Association Time Bank. The hours donated to the Time Bank shall be donated on January 1 of each year. These hours may be utilized by Clovis Police Officers Association (Association) members to attend to Association business and educational activities. The City Finance Department will maintain records of all hours donated annually to the Time Bank. Upon request, the City Finance Department will provide the Association with 89 AGENDA ITEM NO. 7.
38 quarterly information regarding the available balance in the Time Bank and hours utilized.

B. The Association President shall authorize the use of Time Bank hours for the members of the Association. Hours utilized under this section shall be in minimum amounts of four (4) hour increments. For scheduled trainings, schools, etc., the Association President shall provide the Police Chief or his/her designate with a minimum of fourteen (14) days notice prior to requesting the use of Time Bank hours. The use of Time Bank hours shall be subject to the approval of the Police Chief or his/her designate.

C. The Association agrees to indemnify and hold harmless the City of Clovis, its officers, employees and volunteers from any claims or liability arising from the use of the Time Bank, including any legal or other actions taken to protest the application of this provision. It is agreed that Association personnel utilizing Time Bank hours shall be representing the Association and not the City of Clovis during the time that Time Ban k hours are being utilized. It is further understood that the use of Time Bank hours shall not constitute “time worked” for the purposes of computing overtime or any other payroll or employee benefit, including workers’ compensation benefits.

D. No one Asso ciation member, except the Association President, may use more than 500 hours. This condition shall be applicable during any January to January period. The parties agree that effective July 1, 2022, the Association President shall be released on a paid, pa rt-time basis for purposes of conducting Police Officer Association business. The parties further agree that the Association President shall be paid through the utilization of the Association’s time bank of leave hours.

The Association President will be allocated 100 hours per six month sign - up rotation to conduct association business. The President shall select dates during the six -month sign -up, in the first rotation group along with specialty units. Association business days will not count towards the Association President’s scheduled vacation days or CTO days. Time off may be denied or rescheduled by department management based upon the immediate needs of the department. Additional time off for association business will be considered by the Association President’s immediate supervisor.

34. TATTOOS, BODY PIERCING, ORNAMENTAL DENTAL ART AND BODY ART

A. Tattoos, Ultra-Violet (UV) Tattoos, Brandings Ornamental Dental Art and Body Art: Department personnel shall not, while on duty, display any tattoos, UV tattoos (tattoos visible under UV lighting), brandings, 90 AGENDA ITEM NO. 7.
39 ornamental dental art or other body art. Visible tattoos, brandings and other body art shall be covered when wearing a uniform. Tattoos on the head, hands, neck and face are expressly prohibited.

B. Body Piercing: Except for earrings worn by female employees, no body piercings with ornamentation shall be visible, to include the face, nose and tongue, while any member is on duty or representing the Department in any official capacity.

C. Employees hired prior to July 1, 2008, with tattoos, branding and/or body art visible while in uniform will be allowed to wear an unmodified uniform.

Employees will not be allowed to add any other visible tattoos, branding or body art after adoption of this agreement.

D. Exception: Sworn officers working in an undercover assignment may be exempted from this policy by the Chief of Police.

35. SHIFT TRADES AND SUBSTITUTIONS

A. Employees in the same classification may voluntarily trade shifts with the written approval of the Department with the understanding that the traded hours worked will not result in any additional overtime other than what would have been paid for scheduled hours without substitution.

B. Employees in the same classification may voluntarily substitute for one another with the express written approval of the Department. Employees requesting the substitution will request a transfer of leave hours (holiday, vacation or CTO) from their balances to the employee who h as voluntarily agreed to work the shift. The number of hours transferred will be equal to the number of hours scheduled for the shift. Any hours worked beyond the scheduled shift will be paid in accordance with Article 10.

36. SHIFT DIFFERENTIAL

Graveyard Shift – Officers not on probation and any Corporal or Sergeant working as a uniformed Officer assigned to a Watch 3 or Watch 6 shift (between the hours of 2030 - 0630 and 1800-0630) shall be paid, in addition to the basic compensation a three percent (3%) premium for all regularly scheduled hours on that shift [(i.e. maximum number of either ten (10) or twelve and one half (12.5) hours (depending on regular shift)].

The following terms and conditions also apply:

1. There shall be no shift premium paid when the employee is not actually working the Watch 3 or Watch 6 shift (e.g., employee is scheduled to work another shift or is off work on paid or unpaid time).
91 AGENDA ITEM NO. 7.
40 2. Any Officer (e.g. working Watch 1 ,2, or 4) who works overtime hours in the Watch 3 or Watch 6 shift shall not be eligible to receive shift premium.

3. Whenever employees regularly scheduled to a Watch 1, 2, or 4 shift are required to perform overtime work before or beyond the end of their regularly scheduled shift, they shall not receive premium for any overtime hours worked that occur outside of their normal assigned shift.

4. Any officer who is temporarily assigned to the Watch 3 or 6 shift or any Watch 3 or 6 Officer who is required to work an extra Watch 3 or 6 shift shall be paid the 3% shift premium. The shift differential will be used in determining cash payment, if any, for overtime hours worked.

37. REINSTATEMENT

A. An employee who has separated from the City of Clovis in good standing from a position in which regular status was held, may, within one year of separation, request reinstatement to a vacant position within the bargaining unit.

B. The employee requesting reinstatement must meet all qualifications of the position.

C. Reinstatement is not guaranteed and is at the sole discretion of the Chief of Police.

D. In the event an employee is reinstated within the one -year period, prior years of service with the City of Clovis will be counted toward vacation accrual.

E. Officers who have been reinstated within the one year period will retain their department seniority to the day at which they separated employment.

38. SENIORITY

In the event two or more sworn employees are hired on the same date, seniority will be as follows:

1. A cadet or trainee sponsored by or currently employed with the City of Clovis. a. The cadet or trainee who applied for the position at the earliest date and time will be considered most senior, with subsequent applications in order thereafter.

2. A Lateral Officer.
92 AGENDA ITEM NO. 7.
41 a. The lateral officer who applied for the position at the earliest date and time will be considered most senior, with subsequent applications in order thereafter.

3. A Recruit Officer.
a. The recruit who applied for the position at the earliest date and time will be considered most senior, with subsequent applications in order thereafter.

39. SOLE AGREEMENT

A. The policies collected in this MOU constitute the entirety of the policies which are subject to the meet and confer obligation as agreed to by the parties. To the extent that any other agreement should be in conflict with these policies.

B. If, during its term, the parties hereto should mutually agree to modify, amend or alter the provisions of the MOU in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and the Association. Any such changes validly made shall become a part of this MOU and subject to its terms.

C. The waiver of any breach or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.

D. In the event that any of the policies contained in this MOU should be declared by a court of competent jurisdiction to be unenforceable or illegal, that policy or set of policies shall be d eclared void. However, this action shall in no way invalidate the remaining policies contained in this MOU.

Should a policy within the MOU become void as outlined above, either the City or the Association may institute the meet and confer process in regard to instituting a substitute item.

40. FULL UNDERSTANDING, MODIFICATION AND WAIVER

A. This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any and all prior or existing Memoranda of Understanding, Understandings, and Agreements regarding the matters set forth herein, whether formal or informal, are hereby superseded and terminated in their entirety.

B. Existing practices and / or benefits which have a direct effect on employee wages, hours and other terms and conditions of employment which are 93 AGENDA ITEM NO. 7.
42 not referenced in the Agreement shall continue without change unless modified or abolished by mutual agreement of the parties. The parties understand and agree that the provisions of mutual agreement shall not apply to issues of employment unless it can be shown that they affect wages, hours or other terms and conditions of employment. The parties also understand and agree that management trials, test cases, pilot projects or programs, individual or small group practices, or sporadic practices are not considered past practices.

C. Nothing in this Agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this Agreement.

41. TERM OF MEMORANDUM

The provisions of this MOU shall be effective for the period of July 1, 2022 through and inclusive of June 30, 2025 . The provisions of this MOU shall not, however, take effect until ratified by both the City Council of the City of Clovis and the general membership of the bargaining unit.

The Association membership has ratified the contents of this MOU, by their affirmative vote, on or about June 17, 2022.

The Clovis City Council ratified the contents of this MOU, by their affirmative vote, on June 20, 2022.

* * * * * * * * * * * * *

For the City of Clovis For the Clovis Police Officers’ Association

By:______________________________ By:_____________________________ John Holt, City Manager Jordan Hunter, CPOA President

By:______________________________ By:_____________________________ Shonna Halterman, Lead City Negotiator Marcus Burks, CPOA Negotiator

By:______________________________ By:_____________________________ Lori Shively, City Negotiator Joshua Faith, CPOA Negotiator

By:____________________________ By:_____________________________ 94 AGENDA ITEM NO. 7.
43 Jorge Gomez, City Negotiator Tony Silva, Attorney for CPOA

By:______________________________
Mary Lerner, Attorney for City

ATTEST: ____________________________ Date: __________________________ Karey Cha, City Clerk

95 AGENDA ITEM NO. 7.
44 Side Letter Agreement between the City of Clovis
and Clovis Police Officers Association (CPOA)

COVID Premium Pay

As an acknowledgement for employees who worked during the City of Clovis declared COVID-19 emergency order from March 16, 2020 through March 14, 2022, the City will provide COVID Premium Pay as follows:

A. For the time period from March 16, 2020 through March 15, 2021, Employees will receive up to $2,000, prorated to be equivalent to their actual regular hours worked, not including overtime. Regular hours is defined as hours calculated on the employee’s timesheet in payroll codes: 3001, 3003, 3005, and 3159.

B. For the time period from March 16, 2021 through March 14, 2022, Employees will receive up to $2,000, prorated to be equivalent to their actual regular hours worked, not including overtime. Regular hours is defined as hours calculated on the employee’s timesheet in payroll codes: 3001, 3003, 3005, and 3159.

The COVID Premium Pay, as described A and B above, will be paid to only current employees, and payment will be made in one lump sum w ithin 30 days following bargaining unit ratification and City Council approval of a new three-year MOU with a term of July 1, 2022 through June 30, 2025. “Current employee” is defined as an active employee of the City of Clovis on the day this side letter is approved by City Council.

Employees may voluntarily choose to divert some or all of the COVID Premium Pay funds into their Deferred Compensation 457 plan with the following requirements:
 The employee’s 457 plan contributions must be below the annual cap (including both City and employee contributions).
 No later than one full pay period prior to the COVID Premium Pay cash out, the employee must complete a form in Personnel changing the amount of deferred comp contribution.
 No later than the date of the COVID Premium Pay cash out, the employee must complete another form in Personnel returning their deductions to their prior level for following pay periods.

Any funds paid directly to employees will be subject to standard payroll deductions.

For the City of Clovis: For CPOA:

_______________________________ _____________________________ Shonna Halterman, Lead City Negotiator Jordan Hunter, CPOA President

96 AGENDA ITEM NO. 7.
45 _______________________________ _____________________________ Lori Shively, City Negotiator Marcus Burks, CPOA Negotiator

_______________________________ _____________________________ Jorge Gomez, City Negotiator Josh Faith, CPOA Negotiator

_______________________________ _____________________________ Mary Lerner, Attorney for City of Clovis Tony Silva, Attorney for CPOA

Attest: _____________________ Date:______________
Karey Cha, City Clerk

97 AGENDA ITEM NO. 7.
46 Side Letter Agreement to the 202-2025 Memorandum of
Understanding Between the City of Clovis and CPOA

The City of Clovis and the Clovis Police Officers Association mutually agree to this side letter. The agreements in this side letter will not be incorporated into the Memorandum of Understanding between the City of Clovis and CPOA (“MOU”), nor shall the contents of this Side Letter be used as an argument that any of the terms and conditions of employment of the 2022-2025 MOU have been changed.

Lateral Police Officers

During the term of the 2022 -2025 MOU, a lateral police officer candidate who has a minimum of two (2) or more years of sworn law enforcement experience and who is hired by the City of Clovis following the standard application process, background and medical evaluations will receive the following bonuses provided the below criteria is also met:

 $2,500 upon hire
 an additional $2,500 after successful completion of FTO  an additional $2,500 upon successful completion of probation  an additional $2,500 upon successful completion of second full year of service.

A lateral officer is not eligible to receive any of the above bonuses in the event the lateral officer leaves or is separated from employment with the City for any reason prior to reaching the required milestone.

A former City of Clovis sworn Police Officer who is rehired following separation of employment with the City of Clovis will not be eligible for the bonus until five years have passed since the officer left employment with the City of Clovis.

Police Officer Recruits

During the term of the MOU, a police officer recruit who is hired by the C ity of Clovis following the standard application process, background and medical evaluations will receive the following bonuses provided the below criteria is also met:

 $2,500 upon hire
 an additional $2,500 after completing FTO
 an additional $2,500 upon successful completion of probation as a police officer  an additional $2,500 upon successful completion of third full year of service.

A recruit whose first interaction with the City was as a police trainee and was promised certain bonuses at the time of appointment as a trainee, either by contract or other means, will not be entitled to the above bonuses. Additionally, a recruit is not eligible to receive any of the above bonuses in the event the recruit leaves or is separated from employment with the City for any reason prior to reaching the required milestone.

98 AGENDA ITEM NO. 7.
47 For the CITY: For the ASSOCIATION:

___________________________ _____________________________ John Holt, City Manager Jordan Hunter, CPOA President

Date: _______________ Date: __________________

ATTEST: ________________________
Karey Cha, City Clerk

DATE: __________________________

99 AGENDA ITEM NO. 7.
48 Side Letter Agreement to the 2022-2025 Memorandum of Understanding Between the City of Clovis and CPOA

Lateral Police Officers

During the term of the 2022 -2025 MOU between the City of Clovis and CPOA, lateral police officer candidates who have a minimum of five (5) or more years of sworn law enforcement experience will receive the following:

Received upon hire:
 40 hours of sick leave
 40 hours of no-cash-value compensation leave time
 Credit for time served at former agency(ies) toward Years of Service accrual for vacation time. Credited time is calculated per complete month at former employer. Per the CPOA MOU, vacation increases as per the following:

Received upon successful completion of the Field Training Program:
 40 hours of sick leave
 40 hours of no-cash-value compensation leave time

In the event a lateral officer leaves employment with the City for any reason prior to completing their probation period, the sick leave and compensation leave time provided above shall have no cash-out value.

A former City of Clovis sworn Pol ice Officer who is rehired following separation of employment with the City of Clovis will not be eligible for the bonus until five years have passed since the officer left employment with the City of Clovis.

For the CITY: For the ASSOCIATION:

___________________________ _____________________________ John Holt, City Manager Jordan Hunter, CPOA President

Date: _______________ Date: __________________

ATTEST: ________________________
Karey Cha, City Clerk

DATE: __________________________
100
AGENDA ITEM NO. 7.

Police - Unit 4

CITY OF CLOVIS
CPOA - Monthly Salary Schedule - July 1, 2022
Revised 07/1/22
Code Position Grade Step 1 Step 2 Step 3 Step 4 Step 5
4025 Police Officer (Trainee) 100 4,283 4,497 4,722 4,958 5,206 4050 Police Officer (Recruit) 250 6,491 6,816 7,157 7,515 7,891 4125 Police Officer (Base) 300 7,793 8,183 8,592 9,022 9,473 4175 Police Officer (5.0%) Ed Inc 8,183 8,592 9,022 9,473 9,947 AP or AA-AS/IP CDH 1121 390.00 409.00 430.00 451.00 474.00 BA-BS PP 195.00 204.50 215.00 225.50 237.00
4180 Police Officer (9.0%) Ed Inc 8,494 8,919 9,365 9,834 10,326 AP or CDH 1122 701.00 736.00 773.00 812.00 853.00
BA-BS/AP PP 350.50 368.00 386.50 406.00 426.50
4225 Police Corporal (Base) 350 8,752 9,190 9,650 10,133 10,640 4275 Police Corporal (5.0%) Ed Inc 9,190 9,650 10,133 10,640 11,172 AP or AA-AS/IP CDH 1121 438.00 460.00 483.00 507.00 532.00 BA-BS PP 219.00 230.00 241.50 253.50 266.00
4280 Police Corporal (9.0%) Ed Inc 9,540 10,017 10,519 11,045 11,598 AP or CDH 1122 788.00 827.00 869.00 912.00 958.00
BA-BS/AP PP 394.00 413.50 434.50 456.00 479.00
4325 Police Sergeant (Base) 400 9,817 10,308 10,823 11,364 11,932 4375 Police Sergeant (5.0%) Ed Inc 10,308 10,823 11,364 11,932 12,529 AP or AA-AS/IP CDH 1121 491.00 515.00 541.00 568.00 597.00 BA-BS PP 245.50 257.50 270.50 284.00 298.50
4380 Police Sergeant (9.0%) Ed Inc 10,701 11,236 11,797 12,387 13,006 AP or CDH 1122 884.00 928.00 974.00 1,023.00 1,074.00
BA-BS/AP PP 442.00 464.00 487.00 511.50 537.00
5% Wage Increase plus (6.06% Equity Police Officer, 5.50% Compaction Corporal, 2.51% Equity Sergeant)
Code
Trainees as

PERS MISC
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101
AGENDA ITEM NO. 7.

Police - Unit 4

CITY OF CLOVIS
CP
OA - Monthly Salary Schedule - July 1, 2022
Revised 07/1/22
5% Wage Increase plus (6.06% Equity Police Officer, 5.50% Compaction Corporal, 2.51% Equity Sergeant) Code Position Grade Step 1 Step 2 Step 3 Step 4 Step 5
4025 Police Officer (Trainee) 100 24.71 25.94 27.24 28.60 30.03 4050 Police Officer (Recruit) 250 37.45 39.32 41.29 43.36 45.53 4125 Police Officer (Base) 300 44.96 47.21 49.57 52.05 54.65 4175 Police Officer (5.0%) Ed Inc 47.21 49.57 52.05 54.65 57.39 AP or AA-AS/IP
BA-BS
4180 Police Officer (9.0%) Ed Inc 49.00 51.46 54.03 56.73 59.57 AP or

BA-BS/AP
4225 Police Corporal (Base) 350 50.49 53.02 55.67 58.46 61.38 4275 Police Corporal (5.0%) Ed Inc 53.02 55.67 58.46 61.38 64.45 AP or AA-AS/IP
BA-BS
4280 Police Corporal (9.0%) Ed Inc 55.04 57.79 60.69 63.72 66.91 AP or

BA-BS/AP
4325 Police Sergeant (Base) 400 56.64 59.47 62.44 65.56 68.84 4375 Police Sergeant (5.0%) Ed Inc 59.47 62.44 65.56 68.84 72.28 AP or AA-AS/IP
BA-BS
4380 Police Sergeant (9.0%) Ed Inc 61.74 64.82 68.06 71.46 75.03 AP or

BA-BS/AP
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AGENDA ITEM NO. 7.

Police - Unit 4

CITY OF CLOVIS
CPOA - Monthly Salary Schedule - July 1, 2023
Revised 07/1/22
Code Position Grade Step 1 Step 2 Step 3 Step 4 Step 5
4025 Police Officer (Trainee) 100 4,411 4,632 4,864 5,107 5,362 4050 Police Officer (Recruit) 250 6,686 7,020 7,371 7,740 8,127 4125 Police Officer (Base) 300 8,027 8,428 8,849 9,291 9,756 4175 Police Officer (5.0%) Ed Inc 8,428 8,849 9,291 9,756 10,244 AP or AA-AS/IP CDH 1121 401.00 421.00 442.00 465.00 488.00 BA-BS PP 200.50 210.50 221.00 232.50 244.00
4180 Police Officer (9.0%) Ed Inc 8,749 9,187 9,645 10,127 10,634 AP or CDH 1122 722.00 759.00 796.00 836.00 878.00
BA-BS/AP PP 361.00 379.50 398.00 418.00 439.00
4225 Police Corporal (Base) 350 9,015 9,466 9,939 10,436 10,958 4275 Police Corporal (5.0%) Ed Inc 9,466 9,939 10,436 10,958 11,506 AP or AA-AS/IP CDH 1121 451.00 473.00 497.00 522.00 548.00 BA-BS PP 225.50 236.50 248.50 261.00 274.00
4280 Police Corporal (9.0%) Ed Inc 9,826 10,318 10,834 11,375 11,944 AP or CDH 1122 811.00 852.00 895.00 939.00 986.00
BA-BS/AP PP 405.50 426.00 447.50 469.50 493.00
4325 Police Sergeant (Base) 400 10,112 10,618 11,149 11,706 12,291 4375 Police Sergeant (5.0%) Ed Inc 10,618 11,149 11,706 12,291 12,906 AP or AA-AS/IP CDH 1121 506.00 531.00 557.00 585.00 615.00 BA-BS PP 253.00 265.50 278.50 292.50 307.50
4380 Police Sergeant (9.0%) Ed Inc 11,022 11,574 12,152 12,760 13,397 AP or CDH 1122 910.00 956.00 1,003.00 1,054.00 1,106.00 BA-BS/AP PP 455.00 478.00 501.50 527.00 553.00
3% Wage Increase
Code
Trainees as

PERS MISC
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AGENDA ITEM NO. 7.

Police - Unit 4

CITY OF CLOVIS
CPOA - Monthly Salary Schedule - July 1, 2023
Revised 07/1/22
3% Wage Increase
Code Position Grade Step 1 Step 2 Step 3 Step 4 Step 5
4025 Police Officer (Trainee) 100 25.45 26.72 28.06 29.46 30.93 4050 Police Officer (Recruit) 250 38.57 40.50 42.53 44.65 46.89 4125 Police Officer (Base) 300 46.31 48.62 51.05 53.60 56.28 4175 Police Officer (5.0%) Ed Inc 48.62 51.05 53.60 56.28 59.10 AP or AA-AS/IP
BA-BS
4180 Police Officer (9.0%) Ed Inc 50.48 53.00 55.64 58.43 61.35 AP or

BA-BS/AP
4225 Police Corporal (Base) 350 52.01 54.61 57.34 60.21 63.22 4275 Police Corporal (5.0%) Ed Inc 54.61 57.34 60.21 63.22 66.38 AP or AA-AS/IP
BA-BS
4280 Police Corporal (9.0%) Ed Inc 56.69 59.53 62.50 65.63 68.91 AP or

BA-BS/AP
4325 Police Sergeant (Base) 400 58.34 61.26 64.32 67.53 70.91 4375 Police Sergeant (5.0%) Ed Inc 61.26 64.32 67.53 70.91 74.46 AP or AA-AS/IP
BA-BS
4380 Police Sergeant (9.0%) Ed Inc 63.59 66.77 70.11 73.62 77.29 AP or

BA-BS/AP
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AGENDA ITEM NO. 7.

Police - Unit 4

CITY OF CLOVIS
CPOA - Monthly Salary Schedule - July 1, 2024
Revised 07/1/22
Code Position Grade Step 1 Step 2 Step 3 Step 4 Step 5
4025 Police Officer (Trainee) 100 4,543 4,770 5,009 5,259 5,522 4050 Police Officer (Recruit) 250 6,887 7,231 7,593 7,973 8,372 4125 Police Officer (Base) 300 8,268 8,681 9,115 9,571 10,050 4175 Police Officer (5.0%) Ed Inc 8,681 9,115 9,571 10,050 10,553 AP or AA-AS/IP CDH 1121 413.00 434.00 456.00 479.00 503.00 BA-BS PP 206.50 217.00 228.00 239.50 251.50
4180 Police Officer (9.0%) Ed Inc 9,012 9,462 9,935 10,432 10,955 AP or CDH 1122 744.00 781.00 820.00 861.00 905.00
BA-BS/AP PP 372.00 390.50 410.00 430.50 452.50
4225 Police Corporal (Base) 350 9,285 9,749 10,236 10,748 11,285 4275 Police Corporal (5.0%) Ed Inc 9,749 10,236 10,748 11,285 11,849 AP or AA-AS/IP CDH 1121 464.00 487.00 512.00 537.00 564.00 BA-BS PP 232.00 243.50 256.00 268.50 282.00
4280 Police Corporal (9.0%) Ed Inc 10,121 10,626 11,157 11,715 12,301 AP or CDH 1122 836.00 877.00 921.00 967.00 1,016.00
BA-BS/AP PP 418.00 438.50 460.50 483.50 508.00
4325 Police Sergeant (Base) 400 10,415 10,936 11,483 12,057 12,660 4375 Police Sergeant (5.0%) Ed Inc 10,936 11,483 12,057 12,660 13,293 AP or AA-AS/IP CDH 1121 521.00 547.00 574.00 603.00 633.00 BA-BS PP 260.50 273.50 287.00 301.50 316.50
4380 Police Sergeant (9.0%) Ed Inc 11,352 11,920 12,516 13,142 13,799 AP or CDH 1122 937.00 984.00 1,033.00 1,085.00 1,139.00 BA-BS/AP PP 468.50 492.00 516.50 542.50 569.50
3% Wage Increase
Code
Trainees as

PERS MISC
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Police - Unit 4

CITY OF CLOVIS
CPOA - Monthly Salary Schedule - July 1, 2024
Revised 07/1/22
3% Wage Increase
Code Position Grade Step 1 Step 2 Step 3 Step 4 Step 5
4025 Police Officer (Trainee) 100 26.21 27.52 28.90 30.34 31.86 4050 Police Officer (Recruit) 250 39.73 41.72 43.81 46.00 48.30 4125 Police Officer (Base) 300 47.70 50.08 52.59 55.22 57.98 4175 Police Officer (5.0%) Ed Inc 50.08 52.59 55.22 57.98 60.88 AP or AA-AS/IP
BA-BS
4180 Police Officer (9.0%) Ed Inc 51.99 54.59 57.32 60.18 63.20 AP or

BA-BS/AP
4225 Police Corporal (Base) 350 53.57 56.24 59.05 62.01 65.11 4275 Police Corporal (5.0%) Ed Inc 56.24 59.05 62.01 65.11 68.36 AP or AA-AS/IP
BA-BS
4280 Police Corporal (9.0%) Ed Inc 58.39 61.30 64.37 67.59 70.97 AP or

BA-BS/AP
4325 Police Sergeant (Base) 400 60.09 63.09 66.25 69.56 73.04 4375 Police Sergeant (5.0%) Ed Inc 63.09 66.25 69.56 73.04 76.69 AP or AA-AS/IP
BA-BS
4380 Police Sergeant (9.0%) Ed Inc 65.49 68.77 72.21 75.82 79.61 AP or

BA-BS/AP
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AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: General Services Department
DATE: June 20, 2022
SUBJECT: General Services - Approval – Res. 22-___, Adopting the FY2022- 2023 Consolidated Transportation Service Agency (CTSA) Operations and Program Budget for Roundup Transit Services.

ATTACHMENTS: 1. Resolution 22-___

2. FY 2022-2023 CTSA OPB

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve a resolution adopting the FY2022 -2023 Consolidated Transportation Service Agency (CTSA) Operations and Program Budget for Roundup Transit.

EXECUTIVE SUMMARY
The CTSA Operations and Program Budget (OPB) is a planning document required to maintain compliance with Public Utilities Code regulations to secure Transportation Development Act (TDA) funds for designated Consolidated Transportation Service Agencies. The document is revised annually as required.

BACKGROUND
The CTSA Operations and Program Budget (OPB) for the Clovis Urban Area, Fresno Metropolitan Area, Rural Fresno County, and the City of Clovis has been developed in cooperation with the Fresno Council of Governments (FCOG). The OPB is intended to serve the following purposes:

1. Provide a program of operations, including an implementation schedule for new or modified services, and a program budget for the Clovis CTSA coordinated and consolidated social service transportation services for the program year beginning July 1, 2022, through June 30, 2023.

2. Serve as a resource document for local elected officials, social service agencies, and citizens.
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3. Demonstrate the CTSA’s compliance with Section 99275.5 o f the Public Utilities Code concerning Transportation Development Act (TDA) Local Transportation Fund (LTF) Article 4.5 claim evaluation criteria and required findings, and with the Fresno Council of Governments Assembly Bill 120 Action Plan.

4. Document eff orts to improve coordination and consolidation of social services transportation services in order to meet state regulations.

Transportation Development Act (TDA) regulations require the Council to adopt the document by Resolution. The CTSA budget has been prepared in accordance with the City’s proposed FY 2022-2023 budget. The Clovis section of the CTSA document is written to be a stand -alone document for specialized transportation for the elderly and disabled citizens of Clovis and is consistent with th e Americans with Disabilities Act of 1995 (ADA) Paratransit Implementation Plan, 1196 and 1197 Updated Plan.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
As a designated CTSA, the City of Clovis is required to prepare the OPB annually to comply with Section 99275.5 of the Public Utilities Code concerning the Transportation Development Act (TDA) Local Transportation Funds (LFT) Article 4.5 claim criteria and required productivity findings.

ACTIONS FOLLOWING APPROVAL
Include Resolution 22-___ in the Clovis Section of the CTSA document and file document with the Fresno Council of Governments.

Prepared by: Amy Hance, General Services Manager

Reviewed by: City Manager AH

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ATTACHMENT 1
RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING THE ADOPTION OF THE CTSA’S OPERATIONS AND PROGRAM BUDGET

FOR CLOVIS TRANSIT ROUNDUP SERVICES

WHEREAS, the Fresno Council of Governments (FCOG) has separately designated the Clovis Transit Roundup Service as a Consolidated Transportation Services Agency (CTSA); and

WHEREAS, the document has been prepared in cooperation with Fresno Area Express, Clovis Transit, and the Fresno County Rural Transit Agency (FCRTA); and

WHEREAS, Clovis Transit has prepared, under contract, the FY 2022 -2023 “Operations Program and Budget for the Clovis CTSA”; and

WHEREAS, the document has been prepared in conjunction with t he annual performance evaluation process, the Short Range Transit Plans and Public Transit Budgets; and

WHEREAS, said document has been reviewed during the past forty-five (45) days.

* * * * *

The foregoing resolution was introduced and adopted at a r egular meeting of the City Council of the City of Clovis held on June 20, 2022, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

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CONSOLIDATED TRANSPORTATION SERVICE AGENCY

OPERATIONS PROGRAM AND BUDGET
FOR FISCAL YEAR 2022 - 23

CLOVIS URBAN AREA
Date: May 2022

SUBMITTED TO

THE FRESNO COUNCIL OF GOVERNMENTS

PREPARED BY

CITY OF CLOVIS

THE CLOVIS CONSOLIDATED TRANSPORTATION SERVICE AGENCY
155 N. Sunnyside Ave
Clovis, CA 93611
Phone: 559-324-2760
Attachment 2 110
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TABLE OF CONTENTS
CLOVIS URBAN CTSA................................................................................................ 1 INTRODUCTION.......................................................................................................... 1 GOALS, OBJECTIVES & POLICIES FOR CTSA - STATE & REGIONAL.................. 2 GOALS, OBJECTIVES & STANDARDS FOR THE LOCAL CLOVIS CTSA............... 4 GOAL 1 Service Level................................................................................................. 4 GOAL 2 Service Quality.............................................................................................. 5 GOAL 3 Service Productivity....................................................................................... 6 GOAL 4 System Image................................................................................................ 6 OVERVIEW................................................................................................................. 7 DESCRIPTION OF EXISTING PARATRANSIT SERVICE......................................... 10 ANNUAL PRODUCTIVITY TRENDS......................................................................... 13 FISCAL YEAR EST. 2021-2022 BUDGET FOR THE CLOVIS CTSA....................... 14 FISCAL YEAR PROJ. 2022-2023 BUDGET FOR THE CLOVIS CTSA..................... 15 FOLLOW-UP ON 2019-2021 TRIENNIAL PERFORMANCE AUDIT......................... 16 FOLLOW-UP ON 2021 PRODUCTIVITY EVALUATION........................................... 19

ATTACHMENTS
A. ORGANIZATIONAL CHART........................................................................... A-1 B. MAP-SERVICE AREA..................................................................................... A-2 C. RESOLUTION................................................................................................. A-3 111
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OPERATIONS AND PROGRAM BUDGET OF THE

CLOVIS URBAN CONSOLIDATED TRANSPORTATION SERVICE AGENCY

INTRODUCTION
The City of Clovis operates two types of public transit service. Clovis Stageline provides general public, fixed-route service within the City limits and into the northeast area of Fresno including CSUF. Clovis Roundup operates specialized demand-responsive service for elderly and disabled residents with scheduled trips within Clovis/ Fresno metropolitan area. The City of Clovis has designated Roundup services as the Consolidated Transportation Service Agency (CTSA) for the Clovis Transit service area.

INTRODUCTION
The Consolidated Transportation Service Agency (CTSA) Operations Program and Budget (OPB) for the Clovis Urban Area has been developed in cooperation with the Fresno Council of Governments (Fresno COG). The OPB is intended to:

1. Provide a program of operations, including an implementation schedule for new or modified services, and a program budget for CTSA coordinated and consolidated social service transportation services for the program year, July 1, 2022 through June 30, 2023.

2. Serve as a resource document for local elected officials, social service agencies, and citizens.

3. Demonstrate the CTSA’s compliance with Section 99275.5 of the Public Utilities Code concerning Article 4.5 claim evaluation criteria and required findings, and with the Fresno COG Assembly Bill 120 Action Plan (adopted February 1982).

4. Document efforts to improve coordination and consolidation of social service transportation services in order to:
a. Demonstrate compliance with Chapter 1120 of the 1979 California Statutes by addressing and substantiating which of the coordination benefits specifically listing in the legislation should be pursued by the CTSA.
b. Create additional opportunities to utilize supplemental grant funding available from federal and state assistance programs to support social service transportation services by demonstrating that “coordination criteria” have been met.
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Operational concerns for FY23 include:
 Continue close monitoring of operations during unprecedented shift in ridership due to coronavirus pandemic;
 Continue enhanced cleaning and safety initiatives to maintain sanitary environment inside vehicle for employees and passengers;
 Monitor demand for service to newly-expanded city areas to the northeast and southeast, including Harlan Ranch, Loma Vista, and Heritage Grove;  Continue to monitor impacts of VMT and maximize any potential mitigation resulting from route changes;
 Continue to assess commercial driver shortage and make necessary adjustments to continue to meet service levels;
 Construction of transit hub at Landmark Square;
 Continue zero-emission pilot project;
 Conclude feasibility electrification study in collaboration with CalStart Inc. for ICT Compliance;
 Monitor legislative relief in response to coronavirus pandemic and plan for changes in efficiency metrics and potential impacts on funding;  Continue coordination efforts with other transit agencies in the region including Fresno Area Express, Fresno County Rural Transit Agency, and Fresno Council of Governments.
 Continue on-going assessment regarding feasibility of federal funding and the potential short- and long-term impacts on operations and services to the community.

GOALS, OBJECTIVES, AND POLICIES FOR CONSOLIDATED TRANSPORTATION

SERVICE AGENCIES (STATE AND REGIONAL MANDATES)
In 1985 the Clovis City Council adopted the following goals, objectives, and standards for Clovis Transit as part of the transit planning process. Annually the Council reviews and amends these standards as needed.

Chapter 1120 of the 1979 California Statues and the Assembly Bill 120 Action Plan declare goals, objectives and policies which apply "generally" to CTSA services. These are as follows:

GOAL
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Objectives Which May Apply

1. Centralized administration for the elimination of duplicated administrative requirements.

2. Identification and consolidation of all sources of funding for the provision of more effective and cost-efficient services.

3. Centralized dispatching for more efficient vehicle use.

4. Centralized maintenance for adequate, regular, and more cost-effective vehicle maintenance.

5. Adequate driver training programs for safer vehicle operation and lower insurance costs.

6. Combined purchasing for more effective cost savings.

Policies

1. Any centralized administration shall utilize, to the maximum extent possible, existing public and private administrative capabilities and expertise to achieve the system goals.

2. Existing sources of funding utilized prior to the Social Service Transportation Improvement Act (Assembly Bill 120) shall, to the maximum extent possible, be continued.

3. The consolidation of services shall, to the maximum extent possible, utilize existing agency operating and maintenance personnel and expertise.

4. The Fresno COG shall utilize its regulatory roll over Transportation Development Act (TDA) moneys by monitoring and evaluating the performance of the CTSA’s through the TDA claim process, an annual financial audit, and annual productivity evaluation, a triennial performance audit, and the CTSA’s compliance with the Action Plan.

5. The Fresno COG, as part of its ongoing transportation planning process, which includes review by various technical committees, shall review CTSA designates compliance with the Action Plan at least annually.

6. The Fresno COG shall review, through the Executive Order 12372 review process, the transportation services offered by social service agencies and their consistency with the Action Plan, and make appropriate comments and findings encouraging their participation with the CTSA, as part of the final Clearinghouse commentary.

7. The Fresno COG shall encourage members to evaluate their financial commitments to local social service projects (which either in full or part provide transportation services) and make appropriate recommendations for proper coordination with the CTSA in order to maximize the effective use of local transportation dollars.

8. Transportation Development Act/Local Transportation Fund (TDA/LTF) Article 4.5 moneys shall not be expended without a minimum dollar for dollar match with other available funds to the CTSA.

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9. The CTSA shall be required to maintain, at a minimum, an overall farebox revenue to operating cost ratio of 10% for all CTSA transportation services. The 10% farebox recovery may also be provided for by CTSA contractual arrangements or donations. The funding formula would then be 45% TDA/LTF Article 4.5 moneys and 55% local match. (This specific efficiency requirement was suspended by the California Legislature for FY19/20 – FY25/26 due to impacts of the coronavirus pandemic on public transit.)

GOALS, OBJECTIVES, AND STANDARDS FOR THE CLOVIS CONSOLIDATED

TRANSPORTATION SERVICE AGENCY (LOCAL MANDATES)
In 1985, the Clovis City Council adopted the following goals, objectives, and standards for Clovis Transit as part of the transit planning process. Annually the Council reviews and amends these standards as needed.

GOAL 1. SERVICE LEVELS: CLOVIS TRANSIT WILL PROVIDE PUBLIC

TRANSPORTATION SERVICE TO A MAXIMUM NUMBER OF PEOPLE IN THE CLOVIS AREA.

Objective A.: To provide a transit system that meets the public transportation needs of the service area.

Standard 1: Clovis Transit’s demand responsive service (Roundup) will operate seven (7) days a week excluding City observed holidays. Operational hours for demand responsive service in Clovis are 6:15 A.M. to 7:15 P.M.

Monday through Friday. Saturday & Sunday hours are 7:00 A.M. to 3:30 P.M.

Standard 2: Clovis Transit’s CTSA Roundup services shall implement "real time dispatching" for demand responsive service to improve overall operations and increase ridership.

Objective B: To provide CTSA Roundup transit services that adequately serves elderly and disabled residents.

Standard 1: Clovis Transit should maintain base fare levels for elderly and disabled riders, those qualifying for ADA paratransit service.

Standard 2: As per The Americans with Disabilities Act of 1990 (ADA) all new vehicles purchased must have ADA lifts. All vehicles met those regulations as of March 16, 1997.

Objective C: To secure a stable and sufficient local funding mechanism.

Standard 1: Clovis Transit should identify and coordinate funding mechanisms that will address all transportation funding needs in the Clovis Area. 115
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Standard 2: Clovis Transit should identify short and long range needs and maximize revenue resources, utilizing all funding mechanisms including federal grants, State enabling legislation, and farebox revenue.

GOAL 2. SERVICE QUALITY: CLOVIS TRANSIT WILL PROVIDE A QUALITY SERVICE.

Objective A: To provide reliable public transit service.

Standard 1: Clovis Transit’s CTSA Roundup Services should operate its demand response service within five (5) minutes before the scheduled pick up time and no more than fifteen (15) minutes after the scheduled pick up time.

Drivers shall not wait for patrons for more than five (5) minutes after arrival at the designated pick up time. Passengers going to Fresno must be ready an hour before the appointment time and may wait 45 minutes to one hour for a ride back to Clovis.

Objective B: To provide clean, attractive and comfortable vehicles and facilities.

Standard 1: All CTSA Roundup vehicles returning to the yard after revenue service should be swept and dusted before being assigned for service the following day.

Standard 2: The exteriors of Clovis Transit vehicles should be cleaned at least once a week.

Standard 3: In winter, the heaters on Clovis Transit vehicles should work 100% of the time.

Standard 4: In summer, at least 95% of all vehicles on the street should have operable air-conditioners.

Objective C: To provide a safe system.

Standard 1: Clovis Transit vehicles should operate in excess of 150,000 miles between preventable accidents, and bus operators should be formally recognized for their safe driving.

Standard 2: Buses should be checked daily for proper operation and condition of lights, mirrors, radios, and fluids; detailed mechanical inspections should be completed every 3,000 miles/45 days. Operations, maintenance, and other employees will be provided safety training at the beginning of their employment and such training will be updated on a regularly scheduled basis.

Objective D: To record and respond to all public comments.

Standard 1: Clovis Transit should continue to track and evaluate all compliments, complaints, and inquiries from the public.

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GOAL 3: SERVICE PRODUCTIVITY: CLOVIS TRANSIT WILL OPERATE AN EFFICIENT AND EFFECTIVE BUS SYSTEM.

Objective A: To establish and maintain system-wide productivity indicators.

Standard 1: Clovis Transit should achieve a 10% farebox recovery ratio for demand responsive (CTSA Roundup Service) and 20% for fixed route (Stageline Services). (As of October 2020, the Clovis City Council made permanent an earlier fare suspension that was put into place under an Emergency Order by the City Manager. All productivity indicators will be continued to be measured to ensure efficient and adequate service.)

Standard 2: Clovis Transit should record and report, at least monthly with quarterly reports forwarded to Clovis City Council, the following performance indicators.

 Total Monthly Ridership
 Total Monthly Revenue
 Total Monthly Expense
 Total Revenue Hours
 Passengers Per Revenue Mile
 Total Revenue Miles
 Total Non-Revenue Miles
 Average Weekday Ridership
 Farebox Ratio
 Total Road Calls
 Total Operating Expense Per Passenger
 Total Operating Expense Per Revenue Hour
 Total Operating Expense Per Revenue Mile
 Total Revenue Per Revenue Hour
 Total Revenue Per Revenue Mile
 Passengers Per Revenue Hour
 Equivalent Full Time Employees

GOAL 4 SYSTEM IMAGE: CLOVIS TRANSIT WILL STRIVE TO PROMOTE ITS SERVICE AND IMPROVE ITS IMAGE.

Objective A: To provide complete and accurate public transit information.

Standard 1: Current bus schedules and system information should be available to the public at all major public facilities and on the internet.

Standard 2: Telephone service information should be available to the public at all times during hours of operation.

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Objective B: To provide for community involvement in transit system affairs.

Standard 1: Clovis Transit should become involved in and work with citizen groups, civic groups, and other area associations to communicate the services and benefits of Clovis Transit.

Standard 2: Clovis Transit should maintain a positive presence on the city’s social media channels, disseminating useful information to passengers and the community on a regular schedule.

OVERVIEW

The “Assembly Bill 120 Action Plan for Fresno County” (February 1982) developed by the Fresno COG designated the City of Clovis as the CTSA for the Clovis Urbanized Area. The Clovis CTSA is coordinated by the Transit Supervisor and General Services Manager.

Clovis Roundup provides demand-responsive, curb-to-curb and door-to-door transportation service for disabled residents within the City's existing Sphere of Influence. Service is available Monday through Friday and limited weekend service within the Clovis area, and Monday through Friday to Fresno with limited service in accordance with the ADA ¾ mile rule on Saturday.

The program was originally funded with an Older Americans Act Grant but now is funded by City and TDA/Local Transportation Funds. The most significant social service provider in Clovis is the Clovis Senior Activity Center. Most social services in the area are provided by or through the Senior Center. Clovis Transit also works closely with Central Valley Regional Center, Clovis Unified School District, and various County departments. In FY 88, the Clovis City Council designated its Roundup service solely as a Consolidated Transportation Service Agency (CTSA) function. Local Measure "C" dollars are used to provide the necessary match of TDA/LTF Article 4.5 funds.

Roundup service operates within Clovis Monday through Friday, 6:15 A.M. to 7:15 P.M. and weekends from 7:30 A.M. to 3:00 P.M. Service to Fresno is available Monday through Friday, 7:00 A.M. to 5:00 P.M and in a limited capacity on Saturday in accordance with the ADA ¾ mile rule. Reservations can be made from the day prior to the trip up to fourteen (14) days in advance.

In April of 2020, under an Emergency Order issued by the Clovis City Manager, the Clovis City Council approved the temporary suspension of fares during the COVID19 pandemic. The action was one of many intended to provide a safer environment on the buses by eliminating the need for cash or passes to be passed from person to person. Effective October, 2020, the city council approved a permanent zero-fare model for all Clovis Transit bus services. In fall of 2019, Clovis Transit had provided free rides for all passengers using grant funds to underwrite fares. This resulted in a 35% increase in ridership, and once the health crisis subsides, ridership levels are expected to rise again due to the free-fare model.

Marketing efforts in FY 21-22 included social media, bus advertising, newsletters, and community events. Clovis Transit uses Google Transit for passenger route-planning and is integrated with Fresno Area Express. Route information is listed in the City of Fresno FAX guide. Fresno Area Express adopted temporarily a fare-free model; however, has reinstated 118
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fares at a discounted rate. FAX continues to explore the possibility of free fares. Passes and other rider programs have been eliminated by Clovis Transit. A website for Clovis Transit has been launched independent of the City’s website. The site provides easy access to route and rider information and other alerts about the system.

During FY 21-22, utilizing California Emergency Management Agency Proposition 1B Transit Safety and Security Grants, cameras and security systems were purchased. Clovis Transit’s allocation of these funds have now been completely expended. The project included:

 Purchase of security systems and cameras for the Transit building located in Landmark Square. The cameras will be installed inside the new building and on the exterior of the 7-acre project site, providing an enhanced level of safety for visitors and employees.

Additionally, a building security system will provide a secure work site for employees assigned to the Transit building. The interior of the building will be accessible by authorized persons only. Several monitoring stations were also purchased to facilitate monitoring of traffic and pedestrians inside and outside the building along with the activity at the large bus shelter north of the transit building.

Other completed projects included:

 Construction of the DSS bus stop that will serve the new Fresno County Department of Social Services Clovis Campus offices. The 250’ bus stop has three 20’ bus stops and benches and has been designed to accommodate Clovis Transit, FAX, and FCRTA buses that will be stopping frequently at the service center.  Replacement of camera systems at the City of Clovis’ Operation and Maintenance Yard.

The new cameras will provide enhanced security for employees and the bus fleet that is housed at the Yard.
 Replacement of the boiler systems in the Fleet Shop at the Maintenance Yard.

Additionally, Low Carbon Transit Operations Program (LCTOP) funds, Public Transportation Modernization, Improvement, and Enhancement Account (PTMISEA), and SB1 State of Good Repair funds were received and will be used for multi-year projects which include:

 Construction of a transit center and administrative offices.  Purchase of Automated Passenger Counters and Automated Location Announcer systems.
 Planned replacement of heavy-duty vehicle lifts at fleet shop.  The first phase of the route re-design project has begun which includes the design and distribution of a community needs survey. This project was delayed due to the pandemic but as health conditions have improved, work has begun again. The survey has been administered and was available in early fall of 2021. The survey targeted the underrepresented and disadvantaged community members, as well as the community at large. Results from the survey will be combined with comments received through the Fresno Council of Government’s Unmet Needs Process, the City’s ATP Results, and all results will be incorporated into any design and/or service change of the current routes.  Rolling multiple year allocation of funds toward the purchase of a zero-emission bus.

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A Measure C New Technology Grant was awarded in FY18-19 for a three-year zero-emission battery electric bus pilot project. This pilot project will help determine the costs required for infrastructure, charging, and operation of electric buses by a public transit agency. The 2018 mandate from the California Air Resources Board requiring the conversion to zero-emission transit buses for public transit operators by 2030 has made this project necessary to develop a plan to meet that requirement. The infrastructure phase is complete and the buses have been incorporated into service. Grant documentation was submitted for the closure of the grant; however, Clovis Transit continues to gather data from the vehicles and is sharing information about the project across the U.S.

In addition, as an effort to meet the California Air Resource Board requirement of all transit buses converting to zero-emission by 2030, the City of Clovis and CalStart Inc. partnered to conduct a feasibility study and generate an electrification master plan for Clovis Transit. This project is possible through Caltrans’ Sustainable Communities Grant FY 20-21. The study is underway with CalStart gathering background information on Clovis Transit’s operational data.

Electric and hydrogen conversions will both be reviewed and analyzed to determine which conversion will be most beneficial for Clovis Transit. Once the feasibility study concludes and an electrification master plan is available, the plan will be presented to City Council in late 2022.

In March, 2020, the novel coronavirus (COVID19) spread throughout the globe causing a pandemic and a state of emergency in California and Clovis. A shelter-in-place order along with shuttering of all non-essential businesses resulted in a drastic reduction in ridership on fixed- route services and paratransit services in Clovis. A year after the initial stay-at-home order, schools and businesses opened with capacity restrictions. Ridership continued to struggle to recover riders. As more of the general public became vaccinated, the case rates were predicted to drop and conditions to improve. However, a COVID19 variant created a surge, increasing positive rates, and resulting in the reinstitution of a mask mandate in all public settings regardless of vaccination status. As of March 1, 2022, two years after the initial spread of the pandemic, the state government has removed the mask mandate for most public settings including most recently, public transit. Masks are not required to ride any Clovis Transit vehicle but will remain available free of charge to anyone needing one during their trip.

Ridership has not returned to the service levels prior to the pandemic but is improving each month. In the first days of the shut-down in March, 2020, Clovis Transit made a commitment to the community by ensuring all services would be available to those essential workers within Clovis and Fresno. For the last two years, Clovis Transit drivers have performed in an exceptional manner by maintaining a safe environment for passengers. Clovis Transit has great employees, however; we are short staffed. Driver shortage has been an issue in the past but was greatly exacerbated by the pandemic. The City as well as other public transit agencies have a challenging time recruiting commercial drivers. Clovis Transit has decided to purchase three ProMaster Minibuses which do not require a commercial license to operate. This will provide some staffing relief in the short-term and a greater degree of flexibility. These minibuses seat 7 passengers and 3 mobility devices and will be used for the paratransit service.

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DESCRIPTION OF EXISTING PARATRANSIT SERVICES

A. CITY OF CLOVIS - ROUNDUP

1. Background

Roundup is a demand-responsive service providing door-to-door service. Service is available to qualified riders requesting transportation within the service area and provides essential service to many ambulatory and non-ambulatory passengers. Service is currently provided by radio dispatched, lift-equipped buses as well as wheelchair accessible minivans.

2. Service Area

Roundup, operated by the City of Clovis, provides door-to-door service on a demand-responsive basis to disabled residents within its existing boundaries, primarily along Shepherd Avenue to the north, Dakota Avenue to the south, Locan/DeWolf/Leonard Avenues to the east, and west to the City limits. Service for the residents of the Fresno County Island, Tarpey Village, is also provided with reimbursement from the County of Fresno. Zonal service is also operated within the City of Fresno as far north as Shepherd Avenue, south to Kings Canyon, west to West Avenue and south to Downtown Fresno.

3. Days and Hours of Operation

Currently, Roundup operates within Clovis’ Sphere of Influence Monday through Friday from 6:15 A.M. to 7:15 P.M. and Saturday & Sunday service from 7:30 A.M. to 3:00 P.M. as demand requires. Service to Fresno operates Monday through Friday 7:00 A.M. to 5:00 P.M, and on Saturdays in accordance with the ADA ¾ mile rule.

4. Response Time

Service is provided on both an advance-reservation basis and a real-time, space-available basis. Passengers may make reservations up to fourteen (14) days in advance or the required one working day in advance. Service is offered on a first-called/first-served basis. Roundup policy requires the passenger to be ready at least one (1) hour before a scheduled Fresno appointment and 45 minutes for a Clovis appointment with pick-up within 5 minutes of designated time and no longer than 15 minutes after designated time for pick-up.

5. Eligibility/Accommodations

Service is available to those persons who have been ADA certified. To become certified, the applicant must complete an ADA application, have it signed by a medical professional and return it to the administrative offices located at 155 N. Sunnyside Ave. Applications are reviewed by the Transit Supervisor and any applications needing further review will be sent to the General Services Manager and/or Fresno Area Express for evaluation and determination using their qualified medical staff person.

In order to comply with ADA requirements for destination to origin service, the driver will provide assistance to passengers who require help to/from the door of their origin or destination.

However, for safety purposes, drivers are required to stay in sight of the vehicle at all times and may travel no farther than 100 feet to provide assistance. Drivers will enter a foyer/lobby area to 121
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collect a passenger but will not enter a private residence or individual room inside a building.

Drivers will assist passengers using a wheelchair over one curb or step only. Case-by-case situations may require additional modifications to ensure that the origin-to-destination requirement is met.

6. Fares

All rides on Clovis Transit are free for the passenger. A passenger may be accompanied by one caregiver/attendant, and up to 3 guests.

7. Restriction on Trip Purpose and Capacity Constraints

Roundup does not restrict trips based on trip purpose. Dispatchers schedule as many trips as can be accommodated beyond pre-scheduled subscription trips (less than 50%) on a space- available basis.

Roundup policies do not restrict the number of trips provided to an individual nor is a waiting list maintained. Roundup's operational practices do not allow for substantial numbers of untimely pick-ups, trip denials, missed trips, or excessively long trips that would limit availability of service. In order to improve efficiency, a no-show policy is enforced. The No Show Policy states that any passengers who miss four or more trips in a month will be assessed and those passengers who no-show at least 3% of their monthly trips will receive a warning letter.

Additional no-shows may lead to suspension from the Roundup service. See the policy for more details.

8. Automated Dispatching

Clovis Transit completed a successful implementation of new transit dispatching software in August 2014. The system automates all dispatching, routing, and scheduling functions as well as creates reports regarding ridership, fares, and operating costs. Drivers use a tablet for their manifest and trip reporting. The software has also allowed for the ability to revise the no-show policy to be a percentage of the planned trips instead of a quantity of trips per month.

Additionally, trips can be booked through the city’s web-based app, Go Clovis.

9. Vehicle Fleet

Roundup operates with seventeen (17) lift-equipped mid-size buses and six (4) wheelchair accessible mini-vans.

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Vehicle Profile -- Roundup Fleet

10. Ridership

Year Inter-city Trips to Fresno Trips within Clovis Total

FY 17-18

22,303

29,758

52,061

FY 18-19

21,961

30,991

52,952

FY 19-20

20,222

30,162

50,384

FY 20-21

11,540

21,861

33,401
Estimated
FY 21-22

16,000

28,000

44,000
Projected
FY 22-23

18,000

30,000

48,000

Year Model Number Lift/Ramp
Equipped
2007 Glaval
Cutaway
1 Yes
2008 Glaval
Cutaway
6 Yes
2011 Braun
Activan
2 Yes
2012 Arboc
Low-Floor
6 Yes
2013 Braun
Activan
2 Yes
2018 Dodge
Caravan
2 Yes
2019 Champion
Low-Floor
3 Yes
Total 21

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CLOVIS ROUNDUP ANNUAL PRODUCTIVITY TRENDS FY2019-2023
Fiscal Year Percentage Change
INDICATOR 2018-2019 2019-2020 2020-2021 ESTIMATED
2021-2022

PROJECTED
2022-2023
2018-
19/
2019-
20 2019-20/
2020-21
2020-21/
2021-22
2021-22/
2022-23
Total Passengers 52,952 50,384 33,489 44,000 48,000 -4.8 -33.5 31.4 9.1 Vehicle Hours 31,313 28,448 22,166 26,000 29,000 -9.1 -22.1 17.3 11.5 Vehicle Miles 377,173 346,021 229,783 288,000 317,000 -8.2 -33.6 25.3 10.1 Operating Costs $3,407,650 $3,316,107 $3,229,665 $3,430,000 $3,700,000 -2.7 -2.6 6.2 7.9 Fares* $340,765 $76,485 $0 $0 $0 -77.6 -100.0 0.0 0.0
Employees 19 19 19 19 19 0.0 0.0 0.0 0.0

Passengers/Hour 1.69 1.77 1.51 1.69 1.66 4.7 -14.7 11.9 -1.8 Passengers/Mile 0.14 0.15 0.15 0.15 0.15 7.1 0.0 0.0 0.0 Cost/Vehicle Hour $108.83 $116.57 $145.70 $131.92 $127.59 7.1 25.0 -9.5 -3.3 Cost/Vehicle Mile $9.03 $9.58 $14.06 $11.91 $12.85 6.1 46.8 -15.3 7.9 Vehicle Hours/Employee 1,648 1,497 1,166 1,370 1,530 -9.2 -22.1 17.5 11.7

Operation Subsidy/Passenger $57.92 $64.30 $96.44 $78.00 $77.00 9.9 33.3 -23.6 -1.3 Farebox Ratio** 10% N/A N/A N/A N/A N/A N/A N/A N/A
Farebox Ratio w/out Measure C 2.0% N/A N/A N/A N/A N/A N/A N/A N/A

*FY19 fares include $256,607 in Measure C funds
*FY20 fares were suspended in April, 2020 under an EO issued by Clovis City Manager; fare box ratio was suspended by thru end of FY21/22 *FY21 fares were permanently eliminated in October, 2020 by the Clovis City Council *FY21 Farebox Ratio to be waived until FY 2026 - AB149
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ROUNDUP TRANSIT ESTIMATED CTSA BUDGET FISCAL YEAR 2021-2022 FARES/MISC. TDA ARTICLE 4 TDA ARTICLE 4.5 STA FUNDS MEASURE C TOTAL

EXPENDITURES

OPERATING EXPENSES -

PERSONNEL

Personnel (Salaries and Overtime) 167,700 259,000 488,000 914,700 Extra Help 550,000 550,000
Benefit Package 630,900 630,900

OPERATING EXPENSES -

SERVICES, MATERIALS, &

SUPPLIES
Vehicle Charges 25,100 501,000 526,100
Admin/Misc./COVID19 Supplies 77,800 77,800
Communicatations 60,000 60,000
Marketing and Promotion 14,000 14,000
General Services/Admin Charges 596,200 596,200
Training and Membership Dues 4,000 4,000
Travel and Meeting Expenses 7,000 7,000
Insurance 78,700 78,700

CAPITAL EXPENSES/GRANTS 0

TOTALS 0 2,211,400 259,000 488,000 501,000 3,459,400

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*NOTE: THESE FUNDS WERE ROLLED OVER FROM A PRIOR YEAR.

ROUNDUP TRANSIT PROJECTED CTSA BUDGET FISCAL YEAR 2022-2023 FARES/MISC. TDA ARTICLE 4 TDA ARTICLE 4.5 STA FUNDS MEASURE C TOTAL

EXPENDITURES

OPERATING EXPENSES -

PERSONNEL

Personnel (Salaries and Overtime) 259,000 730,800 989,800 Extra Help 747,500 747,500
Benefit Package 656,800 656,800

OPERATING EXPENSES -

SERVICES, MATERIALS, &

SUPPLIES
Vehicle Charges 52,400 520,000 572,400
Admin/Misc./COVID19 Supplies 92,800 92,800
Communications 60,000 60,000
Marketing and Promotion 16,000 16,000
General Services/Admin Charges 550,400 550,400
Training and Membership Dues 4,500 4,500
Travel and Meeting Expenses 9,000 9,000
Insurance 108,600 108,600

CAPITAL EXPENSES/GRANTS
STA Purchase of 3 Transit Vans 322,000 322,000
TOTALS 0 1,550,500 259,000 *1,800,300 520,000 4,129,800 126
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FOLLOW-UP ACTIONS ON THE TRIENNIAL PERFORMANCE AUDIT FISCAL YEARS FY 2018/19 – FY 2020/21

The latest Triennial Performance Audit of the City of Clovis Transit System was completed by Moore and Associates in November 2021. With two exceptions, Moore & Associates, Inc. finds the City of Clovis to be in compliance with the requirements of the Transportation Development Act. In addition, the entity generally functions in an efficient, effective, and economical manner.

FUNCTIONAL REVIEW, FINDINGS AND RECOMMENDATIONS

Triennial Functional Review

1. General Management and Organization

The City’s transit program is operated in-house. The General Services Manager monitors on-time performance regularly and prepares a monthly report inclusive of collisions/road calls, no-shows, complaint calls, and ridership. The program is structured and staffed appropriately with respect to management, but could use more staff. The internal organization structure is appropriate, effective, and efficient.

2. Service Planning

The only service change occurring during the audit period was the transition to Zero Fares, which was made permanent in October 2020. The most recent Short Range Transit Plan (SRTP) for the Fresno-Clovis Metropolitan Area was adopted in June 2021. The SRTP provided a post-COVID plan for transit development in the region.

3. Scheduling, Dispatch, and Operations

Full-time drivers and dispatchers are represented by the Clovis Transit Employees Bargaining Unit (TEBU) through the Operating Engineers Local 3, which represents public utilities. All drivers are cross-utilized between Stageline and Round Up. There are 17 full- time drivers and three utility workers (bus washers). The City maintains an extra “floater” driver assignment each day. Higher-capacity buses are assigned to the higher-demand routes. On weekends, the City attempts to balance miles by using vehicles used the least during the week.

4. Personnel Management and Training

Recruitment is ongoing. The City employs four full-time in-house trainers who cover the entire training process. New recruits must have a year of driving experience. Regardless of experience, all drivers receive the same training curriculum following initial hire. Driver turnover tends to occur within part-time positions. There is little to no turnover among full- time drivers.

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5. Administration

The General Services Manager is responsible for annual budgeting. The transit budget goes to City Council for approval and is wrapped into the overall city budget. The General Services Manager also handles grants. In addition to TDA claims, the City receives state and local PTMISEA, LCTOP, and Measure C funds.

6. Marketing and Public Information

Marketing is handled in-house. The City hired a public affairs manager to coordinate all of the City’s social media and communications. Recent bus shelter purchases reflect a decision to obtain shelters with poster kiosks to support display advertising. The City promoted its free-fare program as well as did extensive marketing during the peak of the COVID pandemic. The City also conducted a rider survey regarding route redesign.

7. Fleet Maintenance

All maintenance is conducted in-house. While staffing is a concern it has not affected pullout. Body damage is likely to be sent out; the City does not have its own paint shop.

Anything beyond basic fabrication is sent out, as is some transmission work. The number of bays and lifts is sufficient to support the current transit fleet. Much of the work on the buses is done during the nightshift. A schedule is in place for vehicle replacement.

Triennial Audit Findings

Based on discussions with City of Clovis staff, analysis of program performance, and an audit of program compliance and function, the audit team presents two compliance findings:

1. In FY 2018/19, FY 2019/20, and FY 2020/21, TDA fiscal audits were not submitted within the extended timeframe.

2. The City did not demonstrate use of the TDA definition for reporting full-time equivalent (FTE) employees.

The audit team has identified no functional findings.

Triennial Audit Recommendations

1. In FY 2018/19, FY 2019/20, and FY 2020/21, TDA fiscal audits were not submitted within the extended timeframe.

Recommendation: Work with TDA auditors to ensure the TDA fiscal audit can be completed no later than March 31 following the end of the fiscal year.

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Recommended Action: If completion of the City’s audited financials is impacting the TDA auditor’s ability to prepare the TDA audit, work with the City auditors to ensure they are aware of the transit-specific TDA audit deadline. If the issue is with the TDA auditors, work with them and Fresno COG to ensure appropriate deadlines have been built into the auditor’s contract.

Timeline: Ongoing.

2. The City did not demonstrate use of the TDA definition for reporting full-time equivalent (FTE) employees.

Recommendation: Ensure the TDA definition of full-time equivalent (FTE) employees is used for reporting to the State Controller.

Recommended Action: Document all actual hours worked related to transit. For administrative staff dedicated to transit, hours may be estimated, but still need to be factored into the calculation (e.g., a position that is 0.5 FTE would equal 1,040 hours).

Hours should be allocated between fixed route (general operations) and demand- response (specialized services) based on either actual work performed or a formula based on vehicle service hours by mode. Ensure the individual(s) completing the reports are aware of how to calculate this data using the TDA definition.

Timeline: FY 2021/22.

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CLOVIS STAGELINE/ROUNDUP:
2021 PRODUCTIVITY EVALUATION COMMITTEE RECOMMENDATIONS

A. Comply, where feasible, with the FY15 through FY18 Triennial Performance Audit Recommendations.

This is ongoing.

B. Continue to monitor effectiveness of Stageline service, optimize routing, and seek ways to increase ridership to maintain the State-mandated 20% farebox ratio without continued reliance on Measure C farebox subsidy. (The farebox ratio has been suspended through FY 2026/2027 due to COVID-19 impacts on ridership)

Although the farebox ratio was not achieved directly from ridership contributions, the Clovis City Council allocated Measure "C" funds be utilized on the Local Transportation Fund Claim to meet the State mandated 20% ratio. Clovis Transit adopted a zero-fare model in October 2020, and will continue to use Measure C to meet farebox ratios when reinstated.

C. Continue to improve CTSA potential through increased coordination and consolidation with local social service transportation providers to reduce its reliance on Measure C farebox subsidy.

Currently, Clovis Transit is working with CVRC by transporting clients and providing assistance in the transitional training of special needs riders who are able to travel on either demand responsive or fixed-route service. This on-going coordination with local social service agencies to improve independent living skills of special riders will continue.

Additional coordination occurs with Clovis Unified School District to assist special needs classes in travel training and education regarding transportation available to the disabled.

D. Continue to coordinate with FAX to consolidate services for maximum efficiency and effectiveness.

This is ongoing. Coordination occurs for Clovis Transit to accommodate transfers from Handy Ride to Round Up. Most recently, Clovis, Fresno County Rural Transit and FAX are working together on a county-wide farebox system.

E. Implement responsibilities under the Americans with Disabilities Act of 1990.

Full compliance has been obtained.

F. Address responsibilities under the Clean Air Act of 1990, the San Joaquin Valley Unified Air Pollution Control District Clean Air Plan, the Council of Fresno County Governments Transportation Control Measures Plan and Congestion Management Plan (CMP).

This is ongoing. When operationally feasible, Clovis Transit will purchase low emission vehicles to help reduce emissions. Clovis Transit did obtain full California Air Resources Board compliance in regard to the December 31, 2010 deadline for reduced emissions. 130
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G. Coordinate with the Fresno County Department of Social Services to plan and implement transportation strategies focused on addressing the State mandates Welfare to Work - CalWorks Program.

Coordination with Human Services is ongoing including coordinating with bus pass purchases. A number of students in the program attend the Clovis Adult School, Institute of Technology, and Clovis Community College – Herndon Campus, which are served every 30 minutes.

H. Prepare and adopt updated Short Range Transit Plans/Operation Program and Budget to reflect the inclusion of Measure C funded programs.

Measure C funds and LTF funds that are fully allocated to transit as of July 2014 will be analyzed for cost effective service enhancements. All funding is utilized to efficiently support current service levels.

AMERICANS WITH DISABILITIES ACT OF 1990

ADA PARATRANSIT PLAN

As of 1996, the City of Clovis has been in full compliance with the ADA. Clovis Transit’s entire fleet is lift-equipped. ADA reports have been completed until 1996 and letters of compliance completed for each year thereafter.

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A-1

General Services Director– Shonna Halterman
General Services Manager – Amy Hance
2 FT Transit Dispatchers
4 FT Lead Driver/Trainers
16 FT Bus Drivers
1 FT Clerical
Transit Supervisor
Bethany Berube

5 PT Vehicle Washers
2 PT Clerical

2 PT Transit Dispatchers
21 PT Bus Drivers
5 PT Van Drivers
Management
Analyst
Susanna Herrera
Management
Analyst
Nick Chin

Clovis City Council
Mayor Jose Flores, Mayor Pro Tem Lynne Ashbeck,
Councilmember Drew Bessinger, Councilmember Vong Mouanoutoua, Councilmember Bob Whalen

City Manager – John Holt
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A-2

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RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING THE ADOPTION OF THE CTSA’S OPERATIONS AND PROGRAM BUDGET

FOR CLOVIS TRANSIT ROUNDUP SERVICES
WHEREAS, the Fresno Council of Governments (FCOG) has separately designated the Clovis Transit Roundup Service as a Consolidated Transportation Services Agency (CTSA); and WHEREAS, the document has been prepared in cooperation with Fresno Area Express, Clovis Transit, and the Fresno County Rural Transit Agency (FCRTA); and WHEREAS, Clovis Transit has prepared, under contract, the FY 2022 -2023 “Operations Program and Budget for the Clovis CTSA”; and
WHEREAS, the document has been prepared in conjunction with the annual performance evaluation process, the Short Range Transit Plans and Public Transit Budgets; and WHEREAS, said document has been reviewed during the past forty-five (45) days.

NOW, THEREFORE , BE IT RESO LVED, that the City of Clovis does hereby adopt the “Operations and Program Budget for the Clovis CTSA 2022-2023” as the basis for its continued responsibility as the designated CTSA for the City of Clovis. * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 20, 2022, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
______________________________ ______________________________ Mayor City Clerk
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TO: Mayor and City Council
FROM: General Services
DATE: June 20, 2022
SUBJECT: General Services – Approval – Res. 22-___, Authorizing Amendments to the Planning Technician I, Planning Technician II, Assistant Planner, and Associate Planner Classifications i n the Planning and Development Services Department.

ATTACHMENTS: 1. Resolution 22-___ Classification Plan

CONFLICT OF INTEREST
None.

RECOMMENDATION
For City Council to approve a resolution authorizing amendments to the Planning Technician I, Planning Technician II, Assistant Planner, and Associate Planner Classifications in the Planning and Development Services Department.

EXECUTIVE SUMMARY
The Planning Technician I, Planning Technician II, Assistant Planner, and Associate Planner Classifications in the Planning and Development Services Department require revision s to update the specifications related current job duties, education and experience for the positions.

In addition, revisions allow employees who meet the qualifications and milestones within the job descriptions to promote from Planning Technician I to Planning Technician II or to allow promotion from Assistant Planner to Associate Planner.

BACKGROUND
It has been determined that the planning series positions of Planning Technician I, Planning Technician II, Assistant Planner, and Associate Planner require updates to current practices, needs and regulations, education, and experience for the positions. The revisions also allow for employees in the Planning Technician I classification to promote to Planning Technician II if they meet the requirements of the Planning Technician II classification, the requirements for experience, years of servic e with the City, and good performance listed within the job classification.

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Similarly, the revisions allow for employees in the Assistant Planner classification to promote to Associate Planner if they meet the requirements of the Associate Planner classification, the requirements for experience, years of service with the City, and good performance listed within the job classification.

The revisions have been reviewed and approved by the C lovis Professional and Technical bargaining unit. Revisions to these classifications are included in Attachment A.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
All the classifications listed will be revised to update the job duties, education, and experience required for the classifications and to specify the req uirement to promote between certain classifications.

ACTIONS FOLLOWING APPROVAL
The City’s Classification Plan will be updated to include the revised classifications.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager AH

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Attachment 1
RESOLUTION 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S CLASSIFICATION PLAN FOR THE

PLANNING TECHNICIAN I, PLANNING TECHNICIAN II, ASSISTANT PLANNER,

AND ASSOCIATE PLANNER CLASSIFICATIONS IN THE PLANNING AND

DEVELOPMENT SERVICES DEPARTMENT

WHEREAS, it has been determined that amendments to the classifications of Planning Technician I and Planning Technician II are needed to update t he job duties, education and experience sections and to allow employees who meet the require ments listed to promote from Planning Technician I to Planning Technician II; and

WHEREAS, amendments to the classifications of Assistant Planner and Associate Planner are needed to update the job duties, education and experience sections and to allow employees who meet the requirements listed to promote from Assistant Planner to Associate Planner; and

WHEREAS, modification of the City’s Classification Plan requires authorization by City Council.

NOW THEREFORE, BE IT RESOLVED that the City of Clovis shall modify City’s Classification Plan to include the revised Planning Technician I, Planning Technician II, Assistant Planner, and Associate Planner specifications 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 June 20, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: June 20, 2022

___________________________ __________________________ Mayor City Clerk

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Yellow Highlight = Verbiage Update
Strike Out = Delete Verbiage

City of Clovis

PLANNING TECHNICIAN I

DEFINITION
Under general supervision, to learn and perform a variety of drafting planning tasks; including provide information on the general plan, zoning, and other planning related policies and procedures to the public; perform limited drafting and graphic arts tasks, checking of architectural site plans, maintaining City maps and explaining simple zoning functions to the public; and to perform related work as required.

CLASS CHARACTERISTICS
Positions in this entry-level class receive training to perform routine drafting and planning and customer service job functions duties. Positions Incumbents in this class perform work which is highly structured, which seldom varies, and which is performed in accordance with established instructions. Incumbents receive thoro ugh instructions when tasks are initially assigned and after training are expected to perform duties without constant supervision. Work is reviewed periodically while in progress and upon completion. Incumbents are expected to refer most variations in wo rk to the supervisor for instructions.

EXAMPLES OF DUTIES
In-person and remote customer interaction; Prepares maps, charts and other graphic art materials answer questions and provide information to the public; provide basic property information and interpret the development code; evaluate home occupation permits and business occupancies for the Planning Department business license issuance; receive and process applications for the less complex, routine applications; evaluate a variety of applications and proposals for completeness; maintains official zoning records and maps checks planning records to identify maps which require updating; checks planning records to identify changes which are recorded in assessor’s parcel books; updates annexation maps appropriate logs of applications received, processed, and approved; assist in preparation of reports to the Planning Commission and other bodies from time to time; provide code enforcement support; perform field investigations and collect d ata as necessary; drafts exhibit maps for hearing notices; draw s graphics for presentation at meetings; files department maps and prints; researches and finds names of property owners; assists the public by answering simple zoning questions relating to the City’s land use ordinances; operates a computer terminal to research, enter and edit routine data or to prepare graphic representations; requisitions supplies update and maintain statistical records; perform a variety of routine clerical work including, filing, copying, and checking Attachment A 138
AGENDA ITEM NO. 9.
and recording information on various records; take notes and prepare minutes; update the division’s webpage; operate City vehicles; and performs related work as required.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
License:
 Possession of a valid California Driver’s License and a good driving record.

EDUCATION AND EXPERIENCE
Education:
 Completion of the twelfth grade with coursework in drafting or graphic arts.  High school diploma or equivalent.
 Possession of 15 units beyond high school in drafting, art graphics or architectural drafting may be substituted for the required experience.

Education Desirable:
 Graduation from an accredited college or university with an Associate's Degree in Architecture, Civil Engineering, Communi cation, Drafting, Environmental Studies, Geographical Information Systems, Geography, Graphic Art, Graphic Design, Land Use, Public Administration, or a closely related field, and may be substituted for the required work experience.

Experience:
 A minimum of one (1) year of experience with drafting, architecture or graphic art with a city or county land use agency or a planning, engineering, environmental, or a closely related organization performing relevant activities including land use and zoning research, architecture, graphic art, design review, or related job functions.

 Incumbents in the Planning Technician I classification may be promoted to the Planning Technician II classification upon the following qualifications:
 Meet the minimum qualifications for the position;
 Completion of two (2) years as a Planning Technician I with the City of Clovis;  Recommendation of the appointing authority;
 A minimum of an exceeds standards rating on the most current performance evaluation.

QUALIFICATIONS
Knowledge of:
 Land use planning and zoning concepts;
 Planning and zoning federal, state, and local laws, policies, procedures, ordinances, and codes;
 Architectural design.
 Principles of effective customer service;
 Data collection, research, and analysis methods;
 Nomenclature, symbols, methods, practices, techniques, and instruments used in drafting and arts representations;
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 Computer terminal operating methods;
 Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases;  Record keeping methods;
 Proper English usage, spelling, grammar, and punctuation;  Basic math;
 Maintain up to date logs, records, and files;
 Filing systems and procedures;
 Appropriate safety precautions and procedures.

Ability to:
 Perform various drafting assignments with neatness and accuracy;  Provide staff support for assigned land use functions;  Read, understand, interpret, and explain planning and zoning laws and ordinances;  Analyze architectural site plans and drawings;
 Prepare graphic arts presentations;
 Effectively meet and interact with developers, contractors, the public, and employees;  Understand pertinent procedures and functions quickly and apply them without immediate supervision;
 Operate a computer terminal accurately and efficiently;  Operate a computer and associated software;
 Maintain simple accurate records;
 Read, understand, and apply moderately difficult materials;  Understand and carry out oral and written instructions;  Communicate clearly and concisely, both orally and in writing;  Establish and maintain effective working relationships with those contacted in the course of work.;
 Operate a vehicle observing legal and defensive driving practices;.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Environment: Job functions are performed in an office, outdoor, and driving environments; regularly exposed to outdoor cold and hot temperatures, and inclement weather conditions; extensive public contact; and moderate to loud noise levels.  Strength: Moderate work-lifting, carrying and/or pushing 50 pounds with frequent lifting and/or carrying of objects weighing up to 25 pounds.
 Vision: Good color perception with the ability to view all colors on computer software, site plans, sketches, drawings, illustrations, etc.

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City of Clovis

PLANNING TECHNICIAN II

DEFINITION
Under supervision, to perform a wide range of sub-professional repetitive technical planning work and information to the public; and to perform related work as required.

CLASS CHARACTERISTICS
Positions in this class perform repetitive sub-professional technical planning work. Incumbents are expected to have sufficient knowledge to respond knowledgeably to a wide range of routine public inquiries . Positions Incumbents in this class perform work that is highly structured, seldom varies, and is performed in accordance with established instructions. Incumbents receive thorough instructions when tasks are initially assigned and after training are ex pected to perform duties without constant supervision. Work is reviewed periodically while in progress and upon completion. Incumbents are expected to refer most variations in work to the supervisor for instructions.

EXAMPLES OF DUTIES
In-person and remote customer interaction; confers with the public concerning site plan review standards; check s applications for completion and prepare s receipts for fees; routes planning applications to departments for review; check s planning applications for compliance with zoning requirements; review s comments from other departments regarding planning application concerns; prepare s statements of conditions for site plan review and applications for review and approval; receive s and verifyies zoning violation complaints; contacts owners to discuss violations; prepare s notices for compliance with zoning requirements; makes perform inspections, as assigned, to collect data relevant to conformance with zoning ordinances; prepare s reports of violation for review and approval; reviews invoices for accuracy and payment, report s on departmental records, and prepares invoices for authorization and payment; supports professional planners with staff reports and presentation materials for public hearings; perform s geographical information system tasks, drafting, and graphic art duties for the Planning Technician series; operates City vehicles; and performs related work as required.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
License:
 Possession of a valid California Driver’s License and a good driving record.

EDUCATION AND EXPERIENCE
Education:
 Completion of sixty (60) college units from an accredited college or university with major coursework in Drafting, Graphic Design, or Geographical Information Systems; 141
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 Graduation from an accredited college or university with an Associate's Degree in Architecture, Civil Engineering, Communication, Drafting, Environmental Studies, Geographical Information Systems, Geography, Graphic Art, Graphic Design, Land Use, Public Administration, or a closely related field.

 A High School Diploma or equivalent and two (2) years of experience with a city or county land use agency or a planning, engineering, environmental, or a closely related organization performing relevant activities including land use and zoning research , architecture, graphic art, design review, or related job functions.

Education Desirable:
 Possession of a Bachelor Degree or higher in Planning, Geography, or a closely related field may be substituted for the required experience.  Graduation from an accredited college or university with a Bachelor's Degree in Architecture, Civil Engineering, Communication, Environmental Studies, Geography, Graphic Art, Graphic Design, Land Use, Public Administration, or a closely related field.

Experience:
 A minimum of one (1) year of architectural, drafting, engineering, or graphic design work experience.
 A minimum of one (1) year of experience with a city or county land use agency or a planning, engineering, environmental, or a closely related organization performing relevant activities including land use and zoning research , architecture, graphic art, design review, or related job functions.

QUALIFICATIONS
Knowledge of:
 Land use planning and zoning concepts;
 Planning and zoning federal, state, and local laws, policies, procedures, ordinances, and codes;
 Architectural design;
 Basic principles of zoning;
 California Subdivision Map Act;
 Principles of effective customer service;
 Data collection, research, and analysis methods;
 Computer terminal operating methods;
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 Computer programs including Excel, MS Word, PowerPoint, AutoCAD, CorelDRAW, Illustrator, Revit, and Geographical Information Systems;  Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases;  Accurate Record keeping methods;
 Proper English usage, spelling, grammar, and punctuation;  Basic math;
 Maintain up to date logs, records, and files;
 Filing systems and procedures;
 Appropriate safety precautions and procedures.

Ability to:
 Provide staff support for assigned land use functions;  Read, understand, interpret, and explain planning and zoning laws and ordinances;  Analyze architectural site plans and drawings;
 Prepare graphic art presentations;
 Sketch, draw, or illustrate;
 Effectively meet and interact with developers, contractors, the public, and employees;  Understand pertinent procedures and functions quickly and apply them without immediate supervision;
 Operate a computer terminal and standard office equipment;  Operate a computer and associated software;
 Maintain accurate records;
 Read, understand, and apply moderate difficult materials;  Understand and carry out oral and written instructions;  Communicate clearly and concisely, both orally and in writing;  Establish and maintain effective working relationships with those contacted in the course of work;
 Operate a vehicle observing legal and defensive driving practices.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Environment: Job functions are performed in an office, outdoor, and driving environments; regularly exposed to outdoor cold and hot temperatures, and inclement weather conditions; extensive public contact; and moderate to loud noise levels.  Strength: Medium Moderate work-lifting, carrying and/or pushing 50 pounds with frequent lifting and/or carrying of objects weighing up to 25 pounds;.  Vision: Good color perception with the ability to view all colors on computer software, site plans, sketches, drawings, illustrations, etc.

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City of Clovis

ASSISTANT PLANNER

DEFINITION
Under general supervision, to perform varied professional planning work; to provide public information and guidance in planning matters, and to conduct review of development proposals.; and perform related work as required.

CLASS CHARACTERISTICS
Positions in this class perform journey -level professional planning work. The Assistant Planner This class is distinguished from positions in the next higher class the Associate Planner by the assignment of smaller projects with short-term deadlines. Assignments in this class are more likely to be repetitive in nature ; however, they and require the ability to understand situations at hand and to make insightful decisions on items. The Assistant Planner Incumbents receives instructions when tasks are assigned and the work is reviewed by the Associate Planners higher level classifications and/or the City Planner supervisor. Persons filling this position Incumbents are expected to refer t o their supervisor for instruction on matters that do not follow a clear established pattern.

EXAMPLES OF DUTIES
Performs duties in planning, zoning, and development; review s building permits for residential, commercial, industrial, and other construction, approving or denying permits in accordance with zoning regulations, site plan approvals, and other legal requirements; performs field inspections of new construction for conformance with codes and Planning Division requirements and conducts code enforcement; provides information assistance at the public counter, by telephone, and by mail concerning to owners, developers, and the public in -person and by remote customer interac tion with interpretation and information on zoning development standards, state planning law, California Environmental Quality Act, Subdivision Map Act, and City development criteria; review s and processes business license applications to assure conformanc e with planning and other regulations, perform s preliminary reviews, and prepare s environmental assessments; compiles research data and conducts investigations; tabulate s statistical and other data concerning urban land use, population, housing, business, industry, economic characteristics, and development; assemble s information and draft s staff reports and studies; prepare s maps, charts, and graphs to interpret various phases of planning studies; process es plans submitted for building permits; review s requests for zone change, conditional use permits, variances , and subdivision maps; assist s in the preparation of planning and zoning regulations; provides design and architectural review of projects, schedule s planning applications for hearing s, and makes presentations information to the Planning Commission; facilitates inner-departmental review of projects; verifiyes legal descriptions; meets with applicants to review site plan review comments; prepares correspondence and performs related work as required; an d maintains and organizes material for the Computerized Land Use Information System. ; operate City vehicles; and performs related work as required.
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TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid California Driver's License and a good driving record.

EDUCATION AND EXPERIENCE
Any combination of education and experience equal to:

Education:
 Graduation from an accredited college or university with major work a Bachelor's Degree in Planning, Public Administration, Urban Geography, Architectural Design, Environmental Studies, or a closely related field.

Education Desirable:
 A Master's Degree in one of the above fields is desirable and may be substituted for the one (1) year experience requirement.

 Graduation from an accredited college or university with a Master's Degree in Planning, Public Administration, Geography, Architectural Design, Environmental Studies, or a closely related field , and may be substituted for the required work experience.

And

Experience:
 A minimum of one (1) year of full-time professional planning experience.

 Incumbents in the Assistant Planner classification may be promoted to the Associate Planner classification upon the following qualifications:
 Meet the minimum qualifications for the position;
 Completion of two (2) years as an Assistant Planner with the City of Clovis;  Recommendation of the appointing authority;
 A minimum of an exceeds standards rating on the most current performance evaluation.

QUALIFICATIONS
Knowledge of:
 Basic Principles and practices of planning and zoning;  Local, State, and Federal regulations pertaining to the planning process;  Planning and zoning federal, state, and local laws, policies, procedures, ordinances, regulations, and codes;
 Architectural design theory;
 Engineering drawing and graphic illustration;
 Principles of effective customer service;
 Plant materials and landscaping concepts.;
 Research methods as applied to the collection, tabulation, and analysis of statistics 145
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affecting planning;
 Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases;  Record keeping methods;
 Proper English usage, spelling, grammar, and punctuation;  Basic math;
 Appropriate safety precautions and procedures.

Ability to:
 Collect, tabulate, and compute planning statistics;
 Organize and conduct various planning research studies;  Assist in the preparation of comprehensive reports;
 Render architectural concepts and design alternatives;  Establish priorities;
 Read, understand, interpret, and explain planning and zoning laws and ordinances;  Maintain a professional demeanor in potentially hostile or uncomfortable situations;  Effectively meet and interact with developers, contractors, the public, and employees;  Deal tactfully and courteously with developers, contractors, the public, and employees;
 Understand pertinent procedures and functions quickly and apply them without immediate supervision;
 Utilize various computers and programs for report writing, statistical analysis, and design;
 Operate a computer and associated software;
 Maintain accurate records;
 Read, understand, and apply moderately difficult materials;  Accept and follow instructions;
 Understand and carry out oral and written instructions;  Effectively communicate in writing and orally;
 Communicate clearly and concisely, both orally and in writing;  Work effectively with other staff members and the public.  Establish and main tain effective working relationships with those contacted in the course of work;
 Operate a vehicle observing legal and defensive driving practices.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Environment: Job functions are performed in an office, outdoor, and driving environments; regularly exposed to outdoor cold and hot temperatures, and inclement weather conditions; extensive public contact; and moderate to loud noise levels.  Strength: Medium Moderate work-lifting, carrying and/or pushing 50 pounds with frequent lifting and/or carrying of objects weighing up to 25 pounds;.  Vision: Good color perception; with the ability to view all colors on computer software, site plans, sketches, drawings, illustrations, etc.
 Working conditions: Will be Required to attend occasional evening meetings.

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City of Clovis

ASSOCIATE PLANNER

DEFINITION
Under general supervision, to perform a wide range of complex professional -level planning tasks emphasizing advanced planning projects; to serve as a lead planner on specific projects, instruct ing and reviewing the work of assigned staff; and to perform related work as required.

CLASS CHARACTERISTICS
Positions in this class perform the more complex technical professional-level and technical duties job functions of the Planning Department. Most assignments are large, long-term projects which require advanced planning and research skills and organizational abilities to complete. Positions Incumbents in this class have considerable independence in select ing work methods from a variety of standard methods or procedures. Instructions given by the supervisor generally do not provide all of the information needed to complete the assignment. Incumbents are expected to resolve most problems confronted throug h the application of judgment and precedent, referring to the supervisor those which involve the establishment of new procedures or which involve solutions which are inconsistent with departmental procedures and policies.

EXAMPLES OF DUTIES
Performs complex planning work; develop s comprehensive plans and programs for utilization of land and physical facilities of the City; compile s and analyze s data on economic, social, environmental, and physical factors affecting land use; prepares reports for Planning Commission, redevelopment agencies, federal and state grant agencies and other agencies and commissions, and makes recommendations concerning research data; prepares maps, charts, and graphs; administers consultant contracts; reviews and revises the divisio n’s staff reports of other planners ; review s and evaluate s tract and parcel maps and prepare s written evaluations; assess es environmental impact s and prepares environmental impact reports; prepare s official population estimates and projections, housing statistics, and economic studies; act s as technical advisor to other personnel as required; prepare s and administers revisions to the planning and zoning regulations; analyzes and recommends action on applications for zone changes ;, zone variances, and conditional use permits; participates in the administration and enforcement of zoning and planning regulations; conduct s market studies; design s and write s departmental forms; conduct s research in the an alysis of progress relative to the City ’s General Plan; write s public hearing notices; interpret s local zoning and land use ordinances; designs and draws graphs, charts, layouts, and renderings of information; draws maps; takes photographs; drafts correspondence advising Planning Commission of actions; act s as staff advisor to citizen planning groups; attend s meetings and represents the department; develop s and conduct s workshops; attends meetings and training sessions; responsible to assigns, and delegates, work to and checks and corrects the work in progress and upon completion of subordinates; report s to the supervisor 147
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problems encountered in the assigned work and progress in completing work assignments; participates fully in the work of subordinate staff; performs the more difficult technical complex work job functions of the staff division; provides information to and consults with the public; operates City vehicles; and performs related work as required.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid California Driver's License and a good driving record.

EDUCATION AND EXPERIENCE
Education:
 Graduation from an accredited college or university with major work a Bachelor's Degree in Planning, Public Administration, Urban Geography, Architectural Design, Environmental Studies, or a closely related field.

Education Desirable:
 A Master's Degree in one of the above fields is desirable.  Graduation from an accredited college or university with a Master's Degree in Planning, Public Administration, Geography, Architectural Design, Environmental Studies, or a closely related field.

Experience:
 A minimum of two (2) full years of full-time professional planning experience as an Assistant Planner or a comparable position.

QUALIFICATIONS
Knowledge of:
 Principles and practices of planning and zoning;
 Regulations covering planning and zoning;
 Planning and zoning federal, state, and local laws, policies, procedures, ordinances, regulations, and codes;
 Engineering drawing and topographic mapping;
 Principles of effective customer service;
 Research methods as applied to the collection, tabulation, and analysis of statistics affecting planning;
 Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases;  Basic Record keeping methods;
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 Proper English usage, spelling, grammar, and punctuation;  Basic math;
 Basic Principles of supervision and training;
 Effective leadership methods;
 Appropriate safety precautions and procedures.

Ability to:
 Collect, tabulate, and compute planning statistics;
 Organize and conduct various planning research studies;  Establish priorities;
 Read, understand, interpret, and explain planning and zoning laws and ordinances;  Effectively meet and interact with developers, contractors, the public, and employees;  Deal tactfully and courteously with developers, contractors, the public, and employees;
 Understand pertinent procedures and functions quickly and apply them without immediate supervision;
 Operate a computer and associated software;
 Maintain accurate records;
 Read, understand, and apply difficult materials;
 Understand and carry out oral and written instructions.;  Effectively communicate in writing and orally;
 Communicate clearly and concisely, both orally and in writing;  Establish and maintain effective working relationships with others;  Establish and maintain effective working relationships with those contacted in the course of work;
 Assign, check, correct, and participate fully in the work of subordinates;  Operate a motor vehicle observing legal and defensive driving practices;  Operate a vehicle observing legal and defensive driving practices.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Environment: Job functions are performed in an office, outdoor, and driving environments; regularly exposed to outdoor cold and hot temperatures, and inclement weather conditions; extensive public contact; and moderate to loud noise levels.  Strength: Medium Moderate work-lifting, carrying and/or pushing 50 pounds with frequent lifting and/or carrying of objects weighing up to 25 pounds;  Vision: Good color perception; with the ability to view all colors on computer software, site plans, sketches, drawings, illustrations, etc.
 Working conditions: Incumbent is Required to attend periodic occasional evening meetings; and Incumbent is required to travel within and out of the City to attend meetings;.

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AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: General Services
DATE: June 20, 2022
SUBJECT: General Services – Approval – Res. 22-___, Authorizing Amendments to the Information Technology Technician, Information Technology Specialist, Senior Information Technology Specialist, Information Technology Analyst, and Senior Information Technology Analyst Classifications in the Information Technology Division.

ATTACHMENTS: 1. Resolution 22-___ Classification Plan

CONFLICT OF INTEREST
None.

RECOMMENDATION
For City Council to approve a resolution authorizing amendments to the Information Technology Technician, Information Technology Specialist, Senior Information Technology Sp ecialist, Information Technology Analyst, and Senior Information Technology Analyst classifications in the Information Technology Division.

EXECUTIVE SUMMARY
The Information Technology Technician job classification requires revision to update the specifications related to modern technology equipment and practices for this classification. The Information Technology Specialist, Senior Information Technology Specialist, Information Technology Analyst, and Senior Information Technology Analyst classifications require updates to coincide with the technology requirements of the positions, but also to allow employees to promote from the lower classification into the senior classification.

BACKGROUND
Everchanging technology requires updates of the job desc riptions within the Information Technology division. The Information Technology Technician classification requires updating to coincide with modern equipment and practices and eliminates technology no longer used. The Information Technology Specialist clas sification and Senior Information Technology Specialist classifications are updated and revised to allow an employee to promote from Information Technology Specialist into the Senior Information Technology Specialist position if the employee meets the requirements of the senior position, and meets the requirements for experience, years 150
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of service with the City, and good performance. The Information Technology Analyst classification and Senior Information Technology Analyst classifications are updated and revised to allow an employee to promote f rom Information Technology Analyst into the Senior Information Technology Analyst position if the employee meets the requirements of the senior position, and meets the requirements for experience, years of service wit h the City, and good performance.

The revisions have been reviewed and approved by the Confidential Technical and Financial Professionals bargaining unit. Revisions to these classifications are included in Attachment A.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
All the positions listed will be revised in order to update the job duties, education, and experience required for today’s technology. In addition, all positions listed, with the exception of Information Technology Technician, are revised to allow for employees to promote to the senior level position.

ACTIONS FOLLOWING APPROVAL
The City’s Classification Plan will be updated to include the revised classifications.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager AH

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Attachment 1
RESOLUTION 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S CLASSIFICATION PLAN FOR THE

INFORMATION TECHNOLOGY TECHNICIAN, INFORMATION TECHNOLOGY

SPECIALIST, SENIOR INFORMATION TECHNOLOGY SPECIALIST, INFORMATION

TECHNOLOGY ANALYST, AND SENIOR INFORMATION TECHNOLOGY ANALYST

CLASSIFICATIONS IN THE INFORMATION TECHNOLOGY DIVISION

WHEREAS, it has been determined that amend ments to the classi fication, and updates to the education and experience sections of the Information Technology Technician classification are necessary to update the position for modern technology and practices; and

WHEREAS, amendments to the classifications of Information Technology Specialist and Senior Information Technology Specialist are needed to update the education and experience sections and to allow employees who meet the require ments listed to promote to senior; and

WHEREAS, amendments to the classifications of Information Technology Analyst and Senior Information Technology Analyst are needed to update the education and experience sections and to allow employees who meet the requirements listed to promote to senior; and

WHEREAS, modification of the City’s Classification Plan requires authorization by City Council.

NOW THEREFORE, BE IT RESOLVED that the City of Clovis shall modify the City’s Classification Plan to include the revised Information Technology Technician, Information Technology Specialist, Senior Information Technology Specialist, Information Technology Analyst, and Senior Information Technology Analyst specifications 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 June 20, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: June 20, 2022

___________________________ __________________________ Mayor City Clerk

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City of Clovis

INFORMATION TECHNOLOGY TECHNICIAN

DEFINITION
Under supervision, performs work involving entry-level technical skills in the operation of information technology support. Install s, configure s, troubleshoots, and maintain s computer and telephone hardware, software, and data/voice communications peripheral equipment including printers and copiers ; provides technical assistance to users; and performs specialized graphics design and administrative functions associa ted with information technology; and performs related work as required.

CLASS CHARACTERISTICS
Incumbents in this classification perform entry -level technical support work associated with installing, maintaining, and troubleshooting computers, printers, copiers telephones and other data/voice communications peripheral equipment. In addition, incumbents provide graphics design support to all city departments as well as administrative support to the Information Technology Division. This cl assification is distinguished from the Information Technology Specialist classification in that the latter has advanced technical responsibilities related to network, operating systems, applications and web administration; technical and functional direction of technical staff; and its role in providing advanced technical support in a specialized area of responsibility. Incumbents receive thorough instructions when tasks are initially assigned and after training are expected to perform duties without constant supervision. Work is reviewed periodically while in progress and upon completion. Incumbents are expected to refer most variations in work to the supervisor for instructions.

EXAMPLES OF DUTIES
Provides technical support for phone and computer systems; install s, configure s and maintains computer equipment; loads, tunes, configures, and upgrades fixed and mobile technology systems; troubleshoot s, diagnose s and resolve s computer problems; prepares and maintains inventory of hardware and software; maintain s a record of work activities including installation, repair, maintenance, replacement, and testing of computer and telephone hardware and software; maintain s system documentation; maintain s current and accurate files; performs complex computer graphics design tasks including website design and marketing material; provides administrative support to the division; assists in maintaining and administering local area networks; provides support for Internet services; performs system upgrades ; monitors system performance; performs preventative maintenance of equipment; follow s schedule of system activity and processes application and service requests; operate city vehicles; and performs related work as required.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid California Driver’s License and a good driving record.

Attachment A 153
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EDUCATION AND EXPERIENCE
Any combination of education or experience equivalent to:

Education:
 Completion of two (2) years (60 semester units) of college level coursework in the area of computer science, information systems, or a closely related field.

Experience:
 Two (2) years of work experience providing tech nical phone and computer system support, graphics design, and office support.

QUALIFICATIONS
Knowledge of:
 Principles and practices of computer and telephone support services, computer hardware and software applications, including word -processing, spreadsheet, email, and associated security and backup procedures;
 Computer application software, such as Microsoft Office, Exchange, and Internet Explorer;
 Personal computer diagnostic hardware utilities and testing equipment;  Principles of data communications protocols and hardware;  Graphics Design;
 Proper English usage, spelling, grammar, and punctuation.

Ability to:
 Quickly become proficient in the use of new computer software and hardware;  Communicate effectively orally and in writing;
 Obtain and maintain security clearance sufficient to access all necessary computer systems;
 Operate a vehicle observing legal and defensive driving practices;  Lift and move heavy objects;
 Work flexible hours to accomplish system tasks;
 Communicate clearly and easily with users and vendors of varying levels of technical expertise;
 Establish and maintain effective working relationships with those contacted in the course of the work;
 Perform administrative and technical projects with minimal guidance;  Keep up to date with technology;
 Independently diagnose and resolve telephone and computer problems.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Work is primarily sedentary, performed in an office setting with frequent interruptions, multiple priorities and deadlines, inquiries, and peak workloads.  Work involves occasional lifting, carrying, and/or pushing of objects weighing up to 25 pounds.
 Strength: Light work-lifting, caring and/pushing 25 pounds maximum with frequent lifting and/or carrying of objects weighing up to 25 pounds; 154
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 Positions in this class may be designated as confidential under Meyers -Millas Brown Act.

City of Clovis

INFORMATION TECHNOLOGY SPECIALIST

DEFINITION
Under general supervision, perform s work involving journey -level technical skills in the operation of personal systems and peripheral equipment. Program, operate, and maintain personal computers and peripherals; program, adapt, apply, and train others on existing hardware and software to m eet the needs of the organization; produce a wide variety of documents and work products; and performs related work as required.

CLASS CHARACTERISTICS
Incumbents in this classification perform journey -level technical work and the primary aspects of the po sition are characterized by the responsibility to operate, troubleshoot, and repair computer and network systems. Incumbents are also responsible for training others in the use of computers in a technical capacity. Incumbents must be able to analyze and adapt current hardware and software to suit changing needs. Incumbents interact with specific users and serve as a trainer of other personnel in use of the personal computer, the network, and related programs and peripherals. In addition, incumbents maintain software and hardware inventory as well as system and software documentation. Incumbents receive instruction when tasks are assigned and have some latitude in selecting work methods. Work is reviewed while in progress and upon completion for final r esults. Incumbents are expected to resolve most problems confronted through the application of judgment and precedent., referring to the supervisor only those which involve the establishment of new procedures or which involve solutions which are inconsist ent with departmental procedures and policies Incumbents are expected to refer most variations in work to the supervisor for instructions.

EXAMPLES OF DUTIES
Exhibit proficiency in the use of the City’s standard database, word -processing, and spreadsheet, desktop publishing and graphics applications; setup, troubleshoot and repair network, personal computers, and peripherals; trains staff in all phases of computer operation and program applications; manipulate s data and information to ensure proper equipment and software operation; install s and maintain s software and hardware; establishes and maintains system software and hardware standards; maintains telephone hardware, software, and data/voice communication equipment; determine s priorities of requested work to ensure completion in appropriate order; advise s users of appropriate applications of computers and programs; recommend s and order s computer supplies and/or maintenance of equipment; perform system backups and restoration of files; perform security patching and upgrades on operation systems and software systems; maintain tape library and backup logs ; maintains software library and licenses; purge s files; maintain s an up -to-date index of subject matter; operate s Ccity vehicles; lend s technical support to clerical staff; and performs related duties as assigned.

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TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid California driver’s license and a good driving record.

EDUCATION AND EXPERIENCE
Any combination of education and experience equivalent to:

Education:
 Completion of two (2) years (60 semester units) of college level coursework in the area of computer science, information systems, or a closely related field.

Experience:
 Two (2) Three (3) years of work experience in the operation of personal computer systems and peripheral equipment in an enterprise environment.  Incumbents in the Information Technology Specialist classification may be promoted to the Senior Information Technology Specialis t classification upon meeting all the following qualifications:
o Minimum of step 4 of Information Technology Specialist classification; o Meet minimum requirements for the Senior Information Technology Specialist; o Successful completion of the probationary period, one (1) year; o Successful passing of the written exam with a minimum score of 70%;  If written exam is not passed, there is a waiting period of 180 days before eligible to retest.
o A minimum of exceeds standards on the most current performance evaluation; o Minimum of six (6) months after annual performance evaluation; o Recommendation of the approving authority.
o Incumbent to notify Personnel to request testing.

Certifications Desirable:
 Comptia A+;
 Comptia Network+;
 VCA-DCV;
 MCITP.
 MCA.

QUALIFICATIONS
Knowledge of:
 Advanced computer applications such as the Microsoft Office Professional Suite;  Current Microsoft Office Pproducts and related software applications;  Fundamentals of computer operation;
 Local and Wide Area Network concepts, terminology and operating systems;  Math and statistics;
 Operation of peripheral equipment including printers and scanners;  Principles of using HTML and web-based scripting tools; 156
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 Principles of Voice Communications includin g Voice over Internet Protocol (VoIP), cabling and unified communications;
 Project Mmanagement techniques and concepts;
 Proper English usage, spelling, grammar, and punctuation;  Training methods and procedures;
 Use of personal computers in a networked environment;  Windows- based servers and systems including Active Directory, Group Policy, and PowerShell scripting.

Ability to:
 Administer and deploy service packs for servers, desktop, and software applications and systems;
 Clearly articulate instructions to non-technical users;  Create and maintain procedures manuals for the position;  Establish and maintain effective relationships with those contacted in the course of work;
 Import and export data between applications;
 Maintain Intranet site(s), applications, and web-based forms;  Maintain the confidentiality of privileged information;  Operate a vehicle, observing legal and defensive driving practices;  Proofread and detect errors;
 Provide advanced technical support in specialized area of responsibilities;  Quickly become proficient in the use of new computer software and hardware;  Read and apply written procedures;
 Setup troubleshoot, and operate computers, various peripheral equipment, a variety of software packages and programs;
 Store and retrieve information;
 Train others in the use of computers and computer applications;  Troubleshoot Network connectivity issues;
 Understand and carry out oral and written directions.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Strength: Light work-lifting, caring and/pushing 25 pounds maximum with frequent lifting and/or carrying of objects weighing up to 25 pounds;  Positions in this class may be designated as confidential under Meyers-Millas Brown Act.

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City of Clovis

SENIOR INFORMATION TECHNOLOGY SPECIALIST

DEFINITION
Under general supervision, performs work involving advanced journey -level technical support services in installing, operating, and maintaining the City's technology systems, in one or more of the following cor e areas: network administration, database administration, geographic systems administration, communications infrastructure, department specific systems support, and desktop applications . Configure, deploy, monitor, and train others on existing systems to meet the needs of the organization; produce a wide variety of end -user documentation, training material and other work products; and perform related work as required.

CLASS CHARACTERISTICS
Incumbents in this classification perform advanced journey-level technical work and assist in the maintenance of the City's network infrastructure; assist with analyzing software and hardware needs; make recommendations for improvements; assist with advanced technical problems; develop and document standard procedures fo r operating system, software and hardware system installations. Incumbents interact with users and serve as a trainer of other personnel in use of the personal computer, the network and related programs and peripherals. Incumbents receive minimal instruct ion when tasks are assigned and have some latitude in selecting work methods. Work is reviewed upon completion for final results. Incumbents are expected to resolve most problems confronted through the application of judgment and precedent. Incumbents are expected to refer most variations in work to the supervisor for instructions. This class differs from the Information Technology Specialist in the level of responsibility, complexity of duties assigned and in the independence of actions taken.

EXAMPLES OF DUTIES
Configure, deploy and monitor personal computers, mobile devices and other peripheral devices; setup, troubleshoot and repair edge network equipment (wired and wireless); automate software and operating system installations; evaluate and recomme nd computer software and hardware standards; train staff in all phases of computer operation and program applications; maintain telephone hardware, software, and data/voice communication equipment; determine priorities of requested work to ensure completio n in appropriate order; advise users of appropriate applications of computers and programs; recommend and order computer supplies and the maintenance of equipment; maintain disaster recovery and backup systems, software library and licenses; purge files; operate city vehicles; and perform related duties as assigned.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid California driver’s license and a good driving record.

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EDUCATION AND EXPERIENCE
Education:
 Completion of two (2) years (60 semester units) of college level coursework in the area of computer science, information systems, or a closely related field.  Four (4) year degree is desired

AND

Experience:
 Two (2) years Three (3) years of work experienc e in the operation and maintenance of personal computer systems and peripheral equipment in an enterprise environment.

Certifications Desirable:
 Comptia Network+;
 Cisco CCT;
 MCA;
 VCTA;
 ArcGIS Desktop Associate.

QUALIFICATIONS
Knowledge of:
 Fundamentals of information technology, including personal computers, hardware, software and related peripheral equipment;
 Fundamentals of geographic information systems;
 Active Directory concepts and terminology;
 Current Microsoft Office products and related software applications;  Installation, repair, and maintenance of a variety of desktop hardware and software;
 Local and Wide Area Network concepts, terminology and operating systems;  Storage Area Networking (SAN) and Network Attached Storage concepts an d terminology;
 Server Virtualization concepts and terminology;
 Database querying and administration concepts and terminology;  Principles of using HTML and web-based scripting tools;  Principles of Voice Communications including Voice over Internet Protocol (VoIP), cabling and unified communications;
 Project management techniques and concepts;
 Proper English usage, spelling, grammar, and punctuation;  Training methods and procedures;
 Use of personal computers in a networked environment;  Windows based servers and systems including Active Directory, Group Policy, and PowerShell scripting.

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Ability to:
 Provide advanced technical support in specialized area of responsibilities;  Adapt to evolving technology to solve problems;
 Deploy service packs for servers, desktop, and software applications and systems;  Analyze functional network and/or application requirements and specifications;  Clearly articulate instructions to non-technical users;  Create and maintain procedures manuals for the position;  Establish and maintain effective relationships with those contacted in the course of work;
 Import and export data between applications;
 Maintain Intranet site(s), applications, and web-based forms;  Maintain the confidentiality of privileged information;  Operate a vehicle, observing legal and defensive driving practices;  Proofread and detect errors;
 Read and apply written procedures;
 Understand and carry out oral and written directions.

SUPPLEMENTAL INFORMATION

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City of Clovis

INFORMATION TECHNOLOGY ANALYST

DEFINITION
Under general supervision assists in the development and maintenance of City’s data processing and computer programming functions; to perform complex data processing, screen and program creation and modification, and to perform related work as required.

CLASS CHARACTERISTICS
This classification is a confidential position. Incumbent assists in the development and maintenance of City data processing and computer programming functions. Incumbent operates computers to program, modify, and customize the City’s finance and human resources system. Provides technical support to all City departments in system use and reporting. The Information Technology Analyst provides analytical and technical support services to city staff in designing, programming and administering the City’s information technology systems, including network administration, relational and spatial database administration, geographic systems administration, virtual infrastructure administ ration, communication systems and other department specific applications and systems.

Incumbent has some independence in selecting work methods or procedures.

Instructions given by the supervisor generally do not provide all of the information needed to complete an assignment. Incumbent is expected to resolve most problems confronted through the application of technical knowledge, judgment, and precedent; referring to the supervisor only those problems which involve the establishment of new procedures or which involve solutions which are inconsistent with departmental procedures and policies.

EXAMPLES OF DUTIES
Using personal computers and the City’s commercial finance and human resources software creates screens, writes programs, creates reports, and pe rforms data entry; performs data analysis, and creates and sets up systems for data tracing and reporting; conducts research and analysis on system related issues; writes technical reports; recommends system and software purchases and upgrades; assists in the development of software specifications; performs technical analysis to assure efficiency in systems operations; operates personal and micro computers, and other data processing equipment; prepares documentation and systems training manuals; may supervi ses subordinates or serve as a project leader; assists in the implementation of computer systems;
Provide systems support for the City’s communications and network infrastructure; develop, design, test and implement computer applications and systems; anal yze, evaluate and recommend enhancement to city -wide and department related systems development; prepare technical and administrative reports; manage projects in one or more of the following core areas: database administration, geographic systems administration, department specific systems support, server virtualization and desktop applications; assist in the coordination of information systems activities with other departments and divisions; plan, install, configure, test and troubleshoot servers, electronic mail, intranet/internet access, anti -malware and other systems security infrastructure; operate city vehicles ; and performs related work as required. This class 161
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differs from the Senior Information Technology Analyst in that the latter may provide lead direction and may be assigned to more complex projects.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid California Driver's License and a good driving record.

EDUCATION AND EXPERIENCE
Education:
 Completion of a two -year college degree with a major course work in computer science, business, and information systems or related field;  Four (4) year degree is desired;
 Bachelor’s Degree from an accredited college or university with major coursework in Information Technology, Computer Science, Business Administration, Geographic Information Systems or closely related field.

AND

Experience:
 Two (2) years of experience with 95/NT based IBM compatible P.C. systems and software, such as MS Excel, Word, Access, and d-base;
 Three (3) years of experience involving computer training or programming. of information technology experience, preferably administering Windows servers, Cisco networks, Virtualization or Geographic Information Systems.  Incumbents in the Information Technology Analyst classification may be promoted to the Senior Information Technology Analyst classification upon meeting all the following qualifications:
o Minimum of step 4 of the Information Technology Analyst classification; o Meet minimum requirements for the Senior Information Technology Analyst; o Successful completion of the probationary period, one (1) year; o Successful passing of the written exam with a minimum score of 70%;  If written exam is not passed, there is a waiting period of 180 day s before eligible to retest;
o A minimum of exceeds standards on the most current performance evaluation; o Minimum of six (6) months after annual performance evaluation; o Recommendation of the appointing authority.
o Incumbent to notify Personnel to request testing.

Certifications Desirable:
 Comptia Server+;
 Cisco CCT;
 MCSA;
 VCA DCV.

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QUALIFICATIONS
Knowledge of:
 Mini and personal computer hardware and software capabilities and configurations;  Data base program use and programming;
 Trouble shooting techniques for P.C. and mini based computer software systems;  Computer programming concepts;
 Principles and practice of data processing;
 Modern office methods and procedures;
 System hardware and software analysis and development of computer applications.  Principles and practices of website design, configuration, security and maintenance;  Principles and practices of software and application development standards;  Relational and spatial databases including system architecture, applications a nd operations;
 Converged data, voice, video network architectures, configurations, protocols and inter-connectivity requirements including wireless infrastructure protocols and associated access control technologies;
 Microsoft Server and VMWare Virtualization technologies;  Firewalls, Outlook/Exchange server, routers and switches, storage are networks and cloud-based applications including SharePoint;
 Federal and state laws governing information systems functions;  Local government applications and systems in cluding Public Safety Computer Aided Dispatching, municipal finance applications, records management and geographic mapping systems;
 Principles of systems security.

Ability to:
 Operate computerized equipment;
 Trouble-shoot P.C. and mini-based computer software systems;  Prepare technical written reports and presentations related to the City's data processing function;
 Communicate effectively with individuals and groups;
 Develop and maintain effective working relationships.  Plan and coordinate the work of subordinates.
 Provide advanced technical support in multiple areas of responsibility;  Analyze complex computer system hardware and/or software requirements;  Analyze data communications, networks, hardware and software problems and determine feasible solutions;
 Administer and deploy servers, software application and systems;  Communicate effective orally and in writing;
 Develop and implement operational policies and procedures;  Establish and maintain effective working relationships with co -workers, representatives of user departments, outside agencies and the public;  Maintain the confidentiality of privileged information;  Operate a vehicle observing legal and defensive driving practices;  Prepare clear, accurate, and concise reports and records.

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SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Strength: Light work - lifting, carrying and/or pushing 25 pounds maximum with frequent lifting and/or carrying of objects weighing less than 25 pounds;  Work is primarily sedentary.
 Positions in this class may be designated as confidential under Meyers -Millas Brown Act.

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City of Clovis

SENIOR INFORMATION TECHNOLOGY ANALYST

DEFINITION
Under general supervision provides a wide range of professional, technical support services to Ccity staff in designing, installing, operating, and maintaining the City's complex information technology systems, including network administration, database administration, geographic systems administration, communications infrastructure, strategic system technical support, and desktop applications, and perform related duties as required.

CLASS CHARACTERISTICS
The Senior Information Technology Analyst provides a wide range of professional, advanced technical support services to Ccity staff in designing, installing, operating, and maintaining the City's complex information technology systems, including network administration, database administration, geographic systems administration, virtual infrastructure administration, communications infrastructure, network storage systems, strategic system technical support, and desktop applications. Instructions given by the supervisor generally do not provide all of the information needed to complete an assignment. Incumbents are expected to resolve most problems confronted through the application of technical knowledge, judgment, and precedent; referring to the supervisor only those problems which involve the establishment of new procedures or which involve solutions which are inconsistent with departmental procedures and policies. The incumbent has some independence in selecting work methods or procedures.

EXAMPLES OF DUTIES
Ability to Analyze problems, informati on requirements, and needs, develop logical solutions,; read and comprehend technical information,; and document technical information in writing; analyzes, designs, implements, and maintains websites, web - based applications (Internet and Intranet) for th e City and associated City Departments and other agencies; assists in the maintenance of the City's fiber optic network and infrastructure; assists with analyzing software and hardware needs; makes recommendations for acquisition, improvements, and enhanc ements; assists with technical problems, design issues, and verifying, isolating, and documenting the existence of software errors; develops and documents standard procedures for vendor supplied software; familiarity with infrastructure components, specifi cally, server and storage platforms, network, data centers, and application middleware; installs and supports wireless communication applications; maintains, monitors, and secures the City's technology systems consistent with the needs/direction of the Cit y; leads and coordinates information systems activities with other departments, divisions, and with outside agencies; maintains, designs, analyzes, and monitors the integrity of databases and provides production support to ensure usable, accurate, accessible, and secure data; maintains logs related to installation configurations, inventory, cabling, and equipment maintenance; monitors network traffic, usage, and performance; plans, installs, configures, tests, maintains, updates, and troubleshoots Mobile Data Computers (MDCs); plans, installs, configures tests, maintains, updates, and troubleshoots software systems 165
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and applications, including servers, workstations, and peripherals; provides individual and small group training in the use of standard or system -wide applications; responsible for functions associated with the efficient design, implementation, and maintenance of databases; reviews systems design; integration of systems, including database servers and makes recommendations regarding enhancements and/or improvements; serves as network administrator responsible for documentation, back -up and restoration, security, virus protection, performance monitoring, and user access rights; serves as systems administrator, including Windows Servers, SQL Server, electronic mail, Internet/Intranet access, computer workstations, operating, and system software; supports strategic systems such as Public Safety applications, financial management, geographic information systems (GIS) and document management, and provide s technical assistance to users; troubleshoots problems related to all local and wide area network systems, servers, firewalls, and data and voice communications equipment; undertakes special projects at the direction of the Information Technology Manager (or designee); works closely with vendors for support and purchase of information technology system hardware and software; works with various departmental staff throughout the City to analyze, recommend, and implement solutions to business function requirements.

Be the team lead in providing systems support for the City’s most complex information technology issues; develop, design test and implement the City’s communications and network infrastructure; develop, design, test and implement server -based appli cations and systems; analyze, evaluate and recommend enhancements to city -wide and department related systems; prepare techn ical and administrative reports; manage projects in one or more of the following core areas: database administration, geographic systems administration, department specific systems support, server virtualization, website administration, software and application development; assist in the coordination of information systems activities with other departments, division and partner agencie s; plans, installs configures, tests and troubleshoots servers, electronic mail, intranet/internet access, anti -malware and other system security infrastructure ; operate city vehicles ; and perform s related work as required . Incumbents in this class may provide lead direction to other team members but do not possess supervisory responsibilities

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid and appropriate California Driver's License and a good driving record.

EDUCATION AND EXPERIENCE
Any combination of training and experience that provides the required knowledge, skills, and abilities is required.

Education:
 Typical education would include a Bachelor's Degree from an accredited college or university with major course work in Computer Science, Information Technology, Applied Technology, Business Administration, or a closely related field.

AND
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Experience:
 Typical experience would include two (2) Four (4) years of progressively responsible information technology experience, preferably administering Windows Sservers, Cisco networks.,Virtualization, Network Storage Systems or Geographic Information Systems.

Certifications Desirable:
 CCNA;
 MCSA;
 VCP5-DCV;
 ESRI Certified Enterprise Administration Associate.

QUALIFICATIONS
Knowledge of:
 Converged data, voice, video network architectures, configurations, protocols, and inter-connectivity requirements including wireless infrastructure protocols and associated access control technologies;
 Databases including SQL Server, Oracle, DB2, operating systems including Microsoft Server and VMWare, firewalls, Outlook/Exchange server, routers and switches, storage area networks and Internet/Intranet applications including SharePoint;  Federal and state laws governing information systems functions;  Local and wide area networks and data communication systems, including cabling, servers, workstations and peripherals, interface cards, routers, switches, and firewalls;
 Local government applications and systems including Public Safety Computer Aided Dispatching, municipal finance applications, records management, and geographic mapping systems;
 Network protocols, operating systems, Internet, Intranet, basic web creation techniques, and remote access systems;
 Personal computer troubleshooting techniques, PC hardware and software installation, component -level PC maintenance, Windows operating systems, and application software;
 Principles of systems security;
 Relational database system design techniques.

Ability to:
 Analyze complex computer system hardware and/or software requirements;  Analyze data communications, networks, hardware and software problems and determine feasible solutions;
 Communicate effectively orally and in writing;
 Develop and implement operational policies and procedures;  Establish and maintain effective working relationships with co -workers, representatives of user departments, outside agencies, and the public;  Maintain the confidentiality of privileged information;  Operate a vehicle observing legal and defensive driving practices;  Prepare clear, accurate, and concise reports and records. 167
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SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Strength: Light work -lifting, caring and/pushing 25 pounds maximum with frequent lifting and/or carrying of objects weighing up to 25 pounds;  Positions in this class may be designated as confidential under Meyers -Millas Brown Act.

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TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 20, 2022
SUBJECT: Planning and Development Services – Receive and File – Annual Department Newsletter.

ATTACHMENTS: 1. Newsletter

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AGENDA ITEM NO. 11.

Our “WHY” in Planning and Development
Services is clear, concise, and direct…
Implement the General Plan ensuring Clovis
remains a city of choice to live, work, & play
through well-respected, service-oriented professionalism! We have over 60 professional, technical, and administrative staff working hard all year long on our “WHY.”
Planning staff are always first to provide information to the public on all things land development related. Planners are responsible for assuring a well-balanced community that meets all our General Plan goals, while being environmentally sound.

Once again, Planning staff logged many hours developing guidance documents on Vehicle Miles-Traveled this past year, as well as kicked off large master development plan projects covering all corners of the city.

Building staff continues to raise the bar on excellence when it comes to plan checks, permit issuance, public safety checks, and inspections. While they never lose focus on ensuring
development standards, design guidelines and accessibility requirements are all met.
(continued on page 2)
WHAT IS YOUR"WHY"?

BY RENEE MATHIS, DIRECTOR

THE REVIEW
JUNE 2022 | VOLUME 5
Newsletter
Highlights

NEW FACES OF THE

DEPARTMENT

GRANT FUNDING FOR

THE FUTURE

MEET THE FRONT

COUNTER

ENGINEERING AT A
GLANCE
DAD AKA "DOUG"
JOKES
planning & developmentservices
Attachment 1
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AGENDA ITEM NO. 11.
(continued from page 1...)
With the help of our Building staff, many large projects such as the expansion efforts at Clovis Community Medical Center, Fresno Wildlife and Rehabilitation Center, local hotels, and Butterfly Gardens are well on their way to occupancy.

Engineering staff are called upon to be specialists across many disciplines. Because of their broad experience and expertise, they are a support unit for the entire City providing assistance in areas such as permitting, private development plan check approval, capital investment design, inspection, and don’t forget securing and processing millions of dollars in grant funds on capital projects. Engineering delivered many complex projects this year such as final design for the widening of Shaw Avenue, construction of Fire Station 6, civil plan approval of The Well Church, and overcoming many, many challenges presented at Landmark Square.

Our administrative staff are highly valuable keeping the Planning and Developing Services Department team running smoothly. This group of talented staff provides support in areas of workflow, geographic information systems, contracts, and overall office administration. The demands pressed upon our administrative staff are high and never ending. If you have not met our newest Principal Office Assistant, Catreena (Cat), be sure to stop by and introduce yourself.

I am grateful, thankful, and lucky to have the opportunity to lead such an amazing group of diverse professional, technical and administrative staff in the Planning and Development Services Department. I truly appreciate your WHY, it makes all the difference. Thank you! Cheers,
Meet Our Front Counter
Eric, Trish, and Nicole are the first faces you meet in the Planning and Development Services lobby. They cover a
very busy front counter taking in plan checks, issuing
permits, and answering zoning questions - really all
things planning related. On a monthly basis our front
counter issues more than 300 applications/permits,
processes over 500 plan reviews, and answers more
than 900 calls.

JUNE 2022 | VOLUME 5
Pictured left to right: Eric Garcia, Planning Technician, TrishDensmore, Engineering Technician and Nicole Ducas,Building Permit Technician 171
AGENDA ITEM NO. 11.

The Building Division team has always been ahighly credentialed and certified group. Technicalcertifications display a commitment to theprofession, a diverse knowledge of codes, and ahigh level of self-initiative. Currently, the City ofClovis Building Division holds 159 certifications,which demonstrate its commitment to excellencenot only in the industry but to the City they serve.

During the past year, the Building Division teamsaw several of their peers become buildingofficials for neighboring jurisdictions. When thesepeople left the city they took with them over 80technical certifications. But the staff of theBuilding Division were not to be outdone or leftbehind, and they always rise to the challenge.

During the past year, they have earned anadditional 30 certifications.

Amongst those who have displayed thiscommitment to excellence are:

Nicole Ducas earned her Residential PlansExaminer Certificate.

Joe Whitfield earned his ResidentialMechanical Inspector and CombinationInspector Certificates.

Jesse Newton earned ten certificates asinspector and plans examiner, such asCommercial Electrical Inspector and Fire PlansExaminer. Jesse also earned his Master CodeProfessional certificate, which is the highestlevel of certification available.

Brad Fowler really rose to the challenge,earning sixteen technical certifications.Amongst them are: California CombinationInspector, Commercial Combination Inspector,Electrical Plans Examiner, and perhaps hismost prestigious certificate for the year is theCombination Plans Examiner Certificate, asthere are only 36 individuals in the state whohold that title.

Certified for Business
A Message from
the Executive Director
When sending out a company newsletter, keep in
mind these three things. First, send out your
newsletter regularly. Stick to your promise if it’s
going to be weekly, monthly or quarterly. The
second is to have a proper layout. Make your
newsletter is interesting and easy to read. Lastly,
ensure the quality of the content and images you
will share.

Donnie NewtonDonnie joined the Building Inspection team in February 2022 from Coconino County,Arizona, where he worked as a building inspector for the past three years. He holds tenInternational Code Council (ICC) certificates as a residential building inspector, commercialbuilding inspector, and plans examiner. When he is not inspecting, Donnie is an avid readerand enjoys golf, gaming and riding his motorcycle.

Dan LesmerisesDan returned to the Building Division back in November 2021 after 13½ year hiatus. Danbegan working for the City in September 2002 as a Building Inspector but in 2008, when theeconomy went south he transferred over to the Engineering Inspection Team where he hasworked up until last November. Outside of all the work he does here at the City, Dan is alsoadjunct faculty at Fresno City College where he has taught framing and construction classessince 2004. Dan holds three ICC residential inspector and plans examiner certificates. Whenhe is not inspecting, Dan enjoys traveling with his wife Linda, and hanging out with his twograndsons who are ages 11 and 14.

Julie CulterJulie Culter joined the Building Division in May 2022 as a Permit Technician. In her sparetime she enjoys traveling to the beach and hanging out with her family.

JUNE 2022 | VOLUME 5
New Faces to the Building Division
BY: DOUG STAWARSKI - BUILDING OFFICIAL
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Capital Improvement Program (CIP) Phil Ginther | Engineer II Jorge Aguilera | Engineer I Steven Gonzales | Engineer II
Development Review Unit (DRU) Jeff Brown | Engineer II Engineering Team Jeff Land | City Surveyor
Yesterday I stopped by Barnes and Noble and
bought a dictionary for my office. When I got back
from the store, I opened the dictionary to find that
every single page was BLANK! There were no words
for how frustrated I felt!
My email password was hacked again! This will be
the sixth time I’ve had to rename my dog!
I used to believe in reincarnation, but that was in
another life!
What do you call a pony with a sore throat? A little
horse.

I burned 2000 calories during my lunch break
today… I left my frozen pizza in the oven way too
long!
What did the concertina player name his two
daughters?
The building inspectors were all addicted to the
Hokey Pokey! Thankfully, they have all turned
themselves around!
My wife said, “You weren’t even listening to me,
were you?” And I thought, that’s a pretty weird way
to start a conversation!
And remember... if at first you don’t succeed,
skydiving is probably not for you!
But don’t worry, if you do jump out of an airplane
and your parachute does not open, you will have
the rest of your life to fix it!
·Anna One, Anna Two
JUNE 2022 | VOLUME 5
New Faces to the
Engineering DivisionDad aka "Doug"
Jokes

Phil Ginther is an Engineer II and joined the CIP
team in June 2021. Phil holds a degree in Civil
Engineering from Fresno State. He has 20 years of
professional experience in municipal improvements
and has completed hundreds of projects
throughout the valley. He has a strong background
in roundabout design.

Jorge Aguilera is an Engineer I and joined the CIP
team in June 2021. He is a graduate of Fresno State
with a degree in Civil Engineering. Prior to joining the City he had been in the private sector for the
majority of his career (about 8 1/2 years). The
majority of his work has been in development and
subdivisions. When not working Jorge enjoys playing
sports, mainly soccer, and going to the movies.

Steven Gonzales is an Engineer II and is the newest
addition to the CIP team. He joined the team back in
March 2022. He is a proud graduate of Fresno State
(GO DOGS!) and came to the City with five years of
experience in land development. He is passionate
about improving the Central Valley through civil
engineering. Outside of work Steven enjoys reading,
going on runs, and playing with his dog.

Jeff Brown joined Engineering’s Development Review
Unit in October 2021 as an Engineer I and was
recently promoted to an Engineer II. He is a proud
graduate of Fresno State. In his free time, he enjoys
going skiing, and spending time with his wife and 2
dogs.

Jeff Land joined the Engineering Division in April
2022 as the City Surveyor. He is a graduate of
Fresno State and brings to the City 24 years of
surveying experience. He also possesses his
Professional Land Surveyor’s license. Jeff is married
with two kids who keep him so busy that he hasn’t
had time to really dive into any hobbies lately!
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AGENDA ITEM NO. 11.

Transportation Grant Funding
Received in 2021
A Message from
the Executive Director
When sending out a company newsletter, keep in
mind these three things. First, send out your
newsletter regularly. Stick to your promise if it’s
going to be weekly, monthly or quarterly. The
second is to have a proper layout. Make your
newsletter is interesting and easy to read. Lastly,
ensure the quality of the content and images you
will share.

This past fiscal year we successfully applied for and received over $5 million dollars instate and federal grants for transportation related improvements and maintenance.These funds were through Surface Transportation Block Grant (STBG), CongestionMitigation and Air Quality (CMAQ), Highway Safety Improvement Program (HSIP), andthe Active Transportation Program (ATP).

The STBG program is aimed at funding projects that emphasize system preservationthrough new construction, reconstruction, rehabilitation, resurfacing, restoration,preservation, or operational improvements. For this program, staff submitted a total ofseven street rehabilitation projects for funding consideration. We were awarded fourprojects. These projects are scheduled to be constructed within the next several years.

The CMAQ program funds projects that will contribute to the attainment ormaintenance of the national ambient air quality standards. For CMAQ fundingconsideration, staff submitted four applications. The City was awarded two of theprojects for the installation of adaptive signal control technology on Shaw and HerndonAvenues. This technology automatically and dynamically adjusts the signal timingparameters to optimize corridor performance based on real-time traffic demand.

The HSIP program provides funding for eligible improvements on a competitive basisthat reduce fatalities and serious injuries on public roads. Staff received funding foradaptive signal control technology projects on Shaw and Herndon Avenues, which willcomplement the CMAQ projects above.

ATP provides funding for projects that encourage the use of active modes oftransportation including biking and walking. Both state and federal funds are used inthis program. Staff was successful in obtaining funding for a sidewalk project in aneighborhood south of Barstow Avenue, west of Clovis Avenue, which has no sidewalks.The project provides pedestrians a safe path of travel through the neighborhood and tothe nearby Sierra Vista Elementary.

Submitting applications for grant funding requires teamwork! A big thank you to all thestaff that contributed to the applications. A special thanks to the GIS staff for their hardwork with the exhibits and mapping.

JUNE 2022 | VOLUME 5
BY: RYAN BURNETT - ENGINEERING PROGRAM SUPERVISOR
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CIP YEAR

IN REVIEW
The latest trend in the City Capital Improvement Program (CIP) are projects large enough to takeat least a year or more to construct. This past year we have been in construction on LandmarkSquare and Fire Station 6, in April 2022 we started the Shaw Avenue Widening project fromLeonard to DeWolf and construction will be starting in the near future on Loma Vista Park as wellas the Fire Station 2 Replacement. All of these projects are multimillion dollar projects that havebeen in design longer than construction due to their complexity. The Engineering team has donean exceptional job with acquiring property, coordinating with utility companies, and adjustingdesign based on the ever-changing developments around or within the projects.

While these are the most notable projects in the past year that everyone is interested in hearingabout, the CIP section also continues to deliver the maintenance projects for our city roads andutilities. These projects include sewer replacements, well site upgrades, sidewalk improvements,and the many road improvement projects throughout the city. These are the projects that keepmost of the citizens in the city happy when completed.

JUNE 2022 | VOLUME 5
DRU:

Constantly
Evolving
If there is one constant in the Development Review Unit (DRU), it's change. During the past fiscal year we have seen changes in staffing, in State laws affecting entitlements, and in our processes to improve our efficiency in returning reviews on time. All in all, the staff of the DRU is very adept at evolving to meet the ever-changing needs that we are faced with and serving the community.

Many new state laws went into place, some of which have changed our methods of processing entitlements. Significant changes to our process include the new accommodations for Solid Waste services that would improve our recycling and reduce our dependency on the landfill. Others have altered the way we evaluate traffic impacts to consider VMT together with LOS, while still others have attempted to provide a more streamlined process for residential projects. Simultaneously, our unit continues to work towards a fully digital review and approval process which causes us to constantly evaluate our processes. The digital method is anticipated to be completed within a year, which will allow us to improve our efficiencies and our record-keeping systems.

Through all the changes, DRU will continue to operate with a goal of providing a premier service experience for all our customers, whether they are local residents, developers, consulting professionals, or other agencies. The team’s ability to deal with these evolving demands and staff changes is very impressive and a quality that continues to impress me as their supervisor. This characteristic will serve them well individually as they pursue advancement within their professional career, and it creates a great working environment full of teamwork. For Fiscal Year 2020-2021, the DRU team processed over 130 reviews and over 200 entitlement applications for conditions. Way to go DRU Crew! Well, what can I say? Things have been a bit crazy in the world of Construction Management during thispost pandemic era that we find ourselves in. Capital projects are at an unrivaled volume with threemajor building projects, the Shaw Avenue Widening project and the annual slurry project all currentlyunderway, as well as a sundry of miscellaneous projects. Did I forget to mention that we have alsokicked off the summer paving season and are working towards the widening of Nees Avenue inconjunction with the Well Church project? Like I said, we have no shortage of work. And that’s just thecapital side of our unit. The housing market is still on fire and development is roaring back to life with ahealthy slate of tracts kicking off. Our city is growing and improving rapidly.

On a personnel note, we have managed to commandeer another inspector from our friends across theWillow divide. This addition will help our team out tremendously! If you haven’t had the pleasure ofmeeting our newest team member Rami Abunamous, please stop by in the morning and say hi to himand the team back here in the CM corner. We always enjoy friendly faces, even if they are Planners andEngineers. Also, I want to say congratulations to Trish Densmore for her promotion to EngineeringTechnician. She is really stepping up to help all of us out with the miscellaneous tasks that CM keepsthrowing at her and we appreciate it. Dan decided to head out and over to our friends in the BuildingDivision. We wish him the best! In his stead, Navjot has stepped up and taken on the reigns of theEncroachment Department and is doing an amicable job.

Keep up the good work, CM. I think that encapsulates the main talking points for this year; y’all havemade it a pleasure once again. Thank you! CM Year in
Review
BY: THAD AVERY - SUPERVISING CIVIL ENGINEER
BY: SEAN SMITH - SUPERVISING CIVIL ENGINEER
BY: TRAVIS SAETHER - CONSTRUCTION MANAGER
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Over the last 12 months, the Planning Division has accepted approximately 260 applications for permits anddevelopment approvals. Some simple approvals were completed within a day or two, while a small group oflarger projects may take up to a couple of years to make their way through the process. In addition to theroutine development applications that come in each week, the Planning Division has initiated work on anupdate to the Clovis General Plan and the Sixth Cycle Housing Element, implemented new state housing laws,and worked with owners and developers to commence work on several master plans and large subdivisionprojects requiring environmental impact reports. A few key highlights are summarized below:

Heritage Development Company - Specific Plan – Work began on an environmental impact report in January 2022 for a nearly900-acre specific plan within Heritage Grove, proposed by the Heritage Development Company. Adoption of the specific plan andassociated approvals will pave the way for a phased annexation program to move forward. The 900-acre project boundary islocated north of Shepherd and east of Willow Avenues, and will ultimately accommodate approximately 8,500 dwelling units,640,000 square feet of retail, and 790,000 square feet of other commercial uses. Public hearings are estimated to occur beginningin the spring of 2023.

The Avenue Mixed Use Project was approved in March 2022 for a mixed use project at the “Enzo’s Table” site at the southeastcorner of Shepherd and Willow Avenues. Approximately 250 apartments in several two and three story buildings will bedeveloped, along with 32,000 square feet of retail and office development. Construction is expected to commence later this year.The Enzo’s Table market will be temporarily relocated to The Row across the street during construction while its new permanenthome is being built as part of the new mixed use project.

Food Truck Gathering sites have been gaining in popularity in Clovis, as demonstrated by a handful of approvals for food trucksites over the last several months. In addition to stand-alone operations, food truck gathering sites have been incorporated intosites where the primary uses are churches, local breweries, the CHSU campus, and even the layout of the City’s Loma Vista VillageGreen. Unpermitted food truck operations and gatherings in Clovis continue to outpace permitted activity, and staff continues towork with the industry on compliance with the City’s food truck ordinance.

Dutch Bros received approval for 2 new stores in Clovis, one at Willow and Alluvial Avenues and the other at Shaw and HelmAvenues. Permits for the tenant improvements at Willow and Alluvial are under review, while construction plans for the Shawlocation have not yet been submitted.

The Home Place Master Plan, from Wathen-Castanos Homes, is in the final phase of review before being scheduled forconsideration by the Planning Commission and City Council this summer. Located just east of Clovis East High School withinLoma Vista, the 300-acre master plan will accommodate approximately 1,300 dwelling units at varying densities, a 5-acreneighborhood commercial site, and a 25 acre parcel that will be retained by the McFarlane family to function as a living museumhonoring Clovis’ agricultural history. The master plan area will also need to be annexed into the City limits before developmentcan occur.

Planning Division Debrief
JUNE 2022 | VOLUME 5
BY: DAVE MERCHEN - CITY PLANNER
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AGENDA ITEM NO. 11.

The General Plan establishes a comprehensive framework through which the City manages its growth and development to ensure it efficiently and effectively provides public facilities and services. Every city and county must have a general plan, and at a minimum, each general plan must address eight mandatory elements including land use, open space, circulation, conservation, housing, noise, safety, and environmental justice. With the exception of the housing element, which must be updated every 8 years, general plans can be updated whenever desired by the local agency, typically every 10-20 years.

The current Clovis General Plan was last updated in 2014. Although the Plan is not even 10 years old, several factors have combined to create growing interest in an update, including but not limited to: the enactment of new state housing and transportation laws, trends toward increased housing densities, environmental and other land use constraints identified within designated urban growth centers, and increased frequency in requests for annexation and sphere of influence amendments.

In early May 2022, the City Council directed staff to proceed with a two-phased approach to a general plan update.

The first phase is referred to as the “General Plan Update Review and Audit” and includes an in-depth review of the existing 2014 General Plan. The analysis and report produced as part of the first phase will inform decision-makers, stakeholders, and the public of the options available for a general plan update and to help define the contents of a request for proposal (RFP) for Phase 2 of the general plan update. DeNovo Planning Group has been retained by the City to assist with this work, which should be complete by the end of 2022. Phase 2 could include an update to one or more individual elements or could be undertaken as a comprehensive update. A comprehensive update to the general plan update could take between 2 and 3 years to complete from the time work begins.

Housing elements are intended to ensure that all local governments adequately plan to meet the housing needs of everyone in the community. While the housing element is part of the general plan, it is subject to many detailed requirements found in state law that do not apply to the other topics. Due to these unique requirements, along with the mandatory 8 year update requirement, housing elements are typically prepared separately from any other general plan update. The current Clovis Housing Element was adopted in 2016 and the next update is due at the end of 2023. This means that Planning Division staff are working on the housing element update at the same time as the phased update to the rest of the general plan, occupying a significant portion of staff’s capacity for the next couple of years. Associate Planner Lily Cha is the lead project manager working on the housing element, with Ascent Environmental retained as the City’s consultant for this project.

New Face to Planning
Eric Garcia
Eric Garcia joined the Planning Division in February 2022 as a Planning Technician. He is a graduate of Fresno State and came to the City after working for Tehama County Air Pollution Control District. He jumped at the opportunity of coming to work for the City of Clovis so he could return to his roots and help the community in which he was raised in. Outside of work, he enjoys working on his health and staying in shape. The gym is his second home. When not at the gym, Eric enjoys drawing!
JUNE 2022 | VOLUME 5
General Plan & Housing Element Update
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AGENDA ITEM NO. 11.

JUNE 2022 | VOLUME 5
Exceptional Core Value Winners '21-'22

“The Core Values Program has been such a great tool to promote appreciation and gratitude within PDS. Sometimes we all get so busy that we forget to stop and take a minute to recognize the fantastic work and service everyone here provides. To hear all the nominations then be recognized by your fellow peers as a Core Values Winner is a great feeling and reassures me that I am working alongside some excellent people!” “Being nominated by a co-worker was a great feeling and winning the Exceptional Core Values Award was truly an honor. Knowing that all the hard work, extra tasks, and, ultimately, the superior customer service we provide each day doesn’t go unnoticed is a very satisfying feeling. This program is an excellent way to recognize co-workers who go above and beyond to provide the highest level of service not only to our citizens and community, but also to the entire PDS Department. Our PDS Department is full of people who perform exceptional core values daily, so the next time you notice a co- worker going the extra mile, take a minute and give them a nomination.” “It was nice to be recognized as someone that emulates the values that we strive for here in the Planning and Development Services Department. I do try. The core values program is great and is successful in getting us all to stop for a minute and commend our work family for their efforts. I think one of the good things about working here is that we, for the most part, don’t need to make that much of a change in our collective effort to embody the core values. That is something I personally do not take for granted. I love you all for it. By the way, I’ll nominate anyone willing to babysit my kids so I can finally use the restaurant certificate I got. Hey, what do say? They really are nice fun kids. Don’t expect them to clean up though.”
“The CORE Values Program is a great way to recognize those who go the extra mile to help one another and let them know they are appreciated. The entirety of my adult career has been in a service industry from the military to medical field and now public servant. I do not go to work everyday looking for accolades or recognition. Selfless Service is a trait I learned in the Army. I find happiness when helping others. From the first day I started at the City of Clovis, it immediately felt like a family in Planning and Development Services. Being nominated and selected as a CORE Values winner is truly something to be proud of.”
Nicole Ducas - Quarter 1
Brad Fowler - Quarter 2
Joe Whitfield - Quarter 3
Tyler Brown - Quarter 4
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AGENDA ITEM NO. 11.

PDS Administrative Services is comprised of a team of people from different disciplines from Clerical to GIS to Business Workflow. Our job is to handle all the general office support to allow the three divisions to focus on their subject matter work.

Like many, the Administrative Services arm of PDS has been very busy in the last year successfully navigating through the increased stress of COVID.

Clerical Team
The past year has seen a lot of change for our Clerical team! Both of our Principal Office Assistants (POAs) were successful in competing for promotions. Our more senior POA, Tatiana Partain, was promoted to Staff Analyst in September. With this promotion, she will be providing even more value to the department by focusing on higher-level project participation. Our other POA, Tyler Brown, was also successful in competing for a promotion to Business Workflow Specialist, where he will be assisting in the administration of EnerGov and PDS’ other Information Systems. To replace Tyler in the POA position, Catreena (Cat) Stirton began in April and is already doing an excellent job! GIS Team
Our Geographical Information Systems (GIS) Analyst, Michelle Maldonado, we nominated to represent all of Central California as a Board Member for the Urban and Regional Information Systems Association (URISA). Both Michelle and our GIS Technician, Jonas Chanh, celebrated their first year as members of the City of Clovis team! Together they are reevaluating and updating old processes to make the city more efficient. They are focusing on self-service web maps to get users more in touch with more data, and faster than before. Over the next year, they will be participating in California’s Next Generation 911 project updating the City’s systems.

Business Workflow Team
Chris Catalano joined the Planning and Development Services Business Workflow team last spring as a Specialist. He has celebrated his first anniversary with the City and was also promoted to Analyst. With Tyler Brown’s promotion to the team, the two are currently working on updating our permitting & licensing system to a new release, then working toward launching an online non-residential application this Summer.

Catreena "Cat" Stirton
Cat is a graduate of Fresno Pacific
University where she studied Business
Administration and Management. She
enjoys spending time with her family
and dog, Nike. In her spare time, she
loves to work in her home woodshop...

Yes, she does have her own set of
power tools!
New Faces to Admin Services
Louisa Radford
Louisa Radford joined the City of
Clovis back in January 2022 as a
clerical assistant within the Admin
Services Division. She came to the
City from the County of Fresno. In
her free time, she enjoys spending
time with her husband, daughters
Hayley and Sya, and dog Biscuit.

Updates from Admin ServicesBY: RYAN NELSON, ADMINISTRATIVE MANAGER PDS Gives Back - 2021
Once again the Planning and Development Services Department came together to help the community during the holiday season. Hundreds of dollars in gift cards were donated to Big Brothers and Big Sisters of Central California, which were distributed during their holiday event. Their goal is to ensure all of the children they serve receive a gift during the holiday season and thanks to our generous staff, we helped them succeed! Great job PDS! 179
AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 20, 2022
SUBJECT: Planning and Development Services - Approval – Res. 22 -___, Final Map Tract 6377, located at the southeast area of Leonard Avenue and Shaw Avenue (DYP 6377, LP).

ATTACHMENTS: 1. Res. 22-___

2. Vicinity Map

3. Copy of Final Map

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve Res. 22-___, which will:

1. Accept the offer of dedication of parcels and public utility easements within Tract 6377; and

2. Authorize the recording of the final map.

EXECUTIVE SUMMARY
The owner, DYP 6377, LP, acting as the subdivider, has submitted a final map. The improvement plans are being processed by C ity staff. The improvements to be installed include curb, gutter, sidewalk, streetlights, fire hydrants, street paving, sanitary sewer, water mains, and landscaping.

The subject tract is at the southeast area of Leonard and Shaw Avenues. It contains approximately 3.60 acres and consists of 18 residential units, zoned R-1.

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

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

REASON FOR RECOMMENDATION
The subdivision agreement has been executed by the subdivider and all development fees paid or deferred in accordance with the Municipal Code. The agreement provides for the developer 180
AGENDA ITEM NO. 12.
to complete a technically correct map and improvement plans, and to complete all the re quired improvements in compliance with the conditions of approval. The improvements are adequately secured.

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

Prepared by: Jeff Brown, Engineer II

Reviewed by: City Manager _AH__

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AGENDA ITEM NO. 12.

Attachment 1
RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING FINAL SUBDIVISION MAP FOR TRACT NO. 6377

WHEREAS, a final map has been presented to the City Council of t he City of Clovis for Tract 6377, by The City of Clovis, a Municipal Corporation; and

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

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

1. The final map of Tract 6377, consisting of three (3) sheets, a copy of which is on file with the City Clerk, be and the same is hereby approved.

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

3. The preliminary Engineer’s Cost Estimate of development cost of said tract, a copy of which is on file with the City Clerk, be and the same is hereby approved and adopted as the estimated cost of improvements for said subdivision in the sum of $735,000.00.

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

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

6. Improvement Security, as provided hereunder and in said Subdivision Agreement, is fixed at one hundred percent (100%) of the remaining improvements to be constructed or the sum of $735,000.00 for guaranteeing specific performance of said agreement and fifty percent (50%) of the remaining improvements or the sum of $ 367,500.00 for payment of labor and materials furnish ed by contractors, subcontractors, labormen and materialmen in connection with the improvements required to be made or constructed by said subdivider in conformity with said subdivision map or said agreement.

7. Subdivider shall furnish a bond in the sum of $73,500.00 being the amount determined by the City Council of the City as necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance of the tract against any defective work or labor done, or defecti ve materials furnished. Said bond is required to be furnished prior to acceptance of the tract by the City Council.

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AGENDA ITEM NO. 12.
* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 20, 2022, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

183
AGENDA ITEM NO. 12.

Attachment 2
184
AGENDA ITEM NO. 12.

Attachment 3
185
AGENDA ITEM NO. 12.
186
AGENDA ITEM NO. 12.
187
AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 20, 2022
SUBJECT: Planning and Development Services - Approval – Res. 22 -___, Annexation of Proposed Tract 6377, located at the Southeast area of Leonard Avenue and Shaw Avenue to the Landscape Maintenance District No. 1 of the City of Clovis (DYP 6377, LP).

ATTACHMENTS: 1. Res. 22-___

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve Res. 22 -___, which will annex proposed Tract 6377, located at the Southeast area of Leonard Avenue and Shaw Avenue to the Landscape Maintenance District (LMD) No. 1 of the City of Clovis.

EXECUTIVE SUMMARY
The owner, DYP 6377, LP, acting as the subdivider, has requested to be annexed to the LMD No. 1 of the City of Clovis as set forth by the Conditions of Approval for Tentative Tract 6377.

BACKGROUND
DYP 6377, LP, the developer of Tract 6377, has executed a covenant that this development be annexed to the City of Clovis, LMD No. 1. An executed copy can be provided on request. Council formed the original District on July 15, 1985, for the purpose of funding the mai ntenance of landscaped areas and parks.

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

188
AGENDA ITEM NO. 13.

FISCAL IMPACT
This project will add landscaping to the LMD No. 1 of the City of Clovis shown as follows:

Tract 6377 Year to Date

LMD Landscaping added: 0.176 acres 8.318 acres

Resource needs added: 0.018 persons 0.832 persons

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

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

ACTIONS FOLLOWING APPROVAL
Tract 6377 shall become a part of City of Clovis LMD No. 1 and will be assessed next year for maintenance costs.

Prepared by: Jeff Brown, Engineer II

Reviewed by: City Manager _AH_

189
AGENDA ITEM NO. 13.

Attachment 1
RESOLUTION 22-___

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

OF THE CITY OF CLOVIS

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

WHEREAS, all of the owners of property proposed to be annexed to the District consisting of proposed Tract No. 6377, as described in Attachment A attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of engineer's report, or both.

NOW, THEREFORE, BE IT RESOLVED, as follows:

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

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

* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on June 20, 2022, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk
190
AGENDA ITEM NO. 13.

ATTACHMENT A

Legal Description

Lots 1 through 18, inclusive, of Tract Map 6377 recorded in Volume ______ of Plats at Pages ______ through ______, Fresno County Records.
191
AGENDA ITEM NO. 13.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 20, 2022
SUBJECT: Planning and Development Services – Approval – Consultant List from which Professional Consultants shall be selected for the FY 2022-2023.

ATTACHMENTS: 1. Fiscal Year 2022-2023 Consultant Master List

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve the attached Consultant List for im plementing the Community Investment Program to evaluate private development and public works projects for Fiscal Year 2022-2023, effective July 1, 2022.

BACKGROUND
In accordance with Clovis Municipal Code, Section 2.7.08, Paragraph C, the City Manager shall annually recommend to the City Council, for approval, a list of qualified professional consultants as selected by the City Engineer. These professional consultants shall be ut ilized to implement the City’s Five-Year Community Investment Program to evaluate private development and public works projects and perform special studies. The list includes consultants expressing interest in performing work for the City and possessing the required qualifications.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The updated attached list includes qualified professional consulting firms that have expressed a desire to be considered for City projects.

ACTIONS FOLLOWING APPROVAL
None.

Prepared by: Tatiana Partain, Staff Analyst
Reviewed by: City Manager AH
192
AGENDA ITEM NO. 14.

CONSULTANT ADDRESS CITY ZIP
Achievement Engineering Corp. 5070 N 6th St., Suite 188 Fresno 93720 AECOM 1360 E Spruce Ave, Suite 101 Fresno 93720
Aegis Groundwater Consulting, LLC 1177 E Shaw Ave, Suite 101 Fresno 93710 Alan Mok Engineering 7415 N. Palm Ave, Suite 101 Fresno 93711 Alisto Engineering Group 1575 Treat Blvd., Suite 201 Walnut Creek 94598 Associated Transportation Engineers 100 N. Hope Avenue, Suite 4 Santa Barbara 93110 ATI Architects and Engineers 2510 Douglas Blvd. Roseville 95661 Begur Consulting 6350 Greenfield Drive Gilroy 95020
Berg & Associates 302 W. 5th St. Suite 210 San Pedro 90731 Biggs Cardosa Associates Inc. 5250 N. Palm Ave., Suite 211 Fresno 93704 Black and Veatch 8950 Cal Center Drive, Suite 238 Sacramento 95826 Blackburn Consulting 360 W. Bedford Ave., Suite 101 Fresno 93711 Blair, Church and Flynn 451 Clovis Avenue, Suite 200 Clovis 93612 Boyle Engineering Corporation 1360 E. Spruce Ave. Fresno 93720 Broussard and Associates 389 Clovis Avenue Clovis 93612 Brown & Caldwell 3480 Buskirk Avenue Pleasant Hill 94523 Brown Buntin Associates 406 W School Ave Visalia 93291
Bruce Hale Design 1201 N W Blakely Court Seattle WA 98177 BSA Architects 350 Pacific Avenue, Suite 302 San Francisco 94111 BSK and Associates 567 W. Shaw Avenue, Suite B Fresno 93704 California Associates Labratories LLP 4124 W. Swift Avenue, Suite 107 Fresno 93722 California Utility Consultants 456 Clovis Ave Suite 6 Clovis 93612 Carollo Engineers 7580 N. Ingram Ave, Suite 112 Fresno 93711 CEI Engineering Assoc., Inc. 1044 E. Herndon Ave., Suite 108 Fresno 93720 CH&D Architects 2120 20th Street Sacramento 95818
Cole & Russell Architects, Inc. 600 Vine Street, Suite 202 Cincinnati 45202 Cornerstone Structural Engineering Group 986 W. Alluvial Avenue, Suite 201 Fresno 93704 Cotton/Bridges/Associates 3840 Rosin Court, Suite 130 Sacramento 95834 CSG Consultants 21 Alisal St #108 Salinas 93901
Dale Rutherford Architecture 333 W. Shaw Avenue, Suite 102 Fresno 93704 Danielian Associates Sixty Corporate Park Irvine 92606
CITY OF CLOVIS FY 2022-2023 CONSULTANT LIST
Attachment 1
193
AGENDA ITEM NO. 14.

Derivi Construction Architecture 924 N. Yosemite Street Stockton 95203 DeWees Design 58 Plaza Square, Studio A Orange 92866
Dixon & Associates Land Surveying 620 Dewitt Ave Suite 101 Clovis 93612 DKS Associates 1956 Webster Street, Suite 300 Oakland 94612 Don Dommer Associates 1144 65th Street, Suite G Oakland 94608 Donabedian Hannah Architecture 5070 N. Sixth St., Suite 103 Fresno 93710 Douglas "John" Johnson Land Surveying 4444 N. Dickenson Fresno 93704 Electrical Power Systems 4049 N. Fresno Street Fresno 93726 Engineering Designs 5155 N. First Street Fresno 93710
Environmental Science Associates 8950 Cal Center Drive, Suite 300 Sacramento 95826 ESP (Espinosa) Surveying 2598 North Miami Ave Fresno 93727 Fehr & Peers 2990 Lava Ridge Court #200 Roseville 95661 Geocon Consultants, Inc. 3160 Gold Valley Drive, Suite 800 Rancho Cordova 95742 Geo-Logic Associates 143 E. Spring Hill Drive Grass Valley 95945 Harbour & Associates 389 Clovis Avenue, Suite 300 Clovis 93612 Harris Construction 5286 E. Home Avenue Fresno 93727
HDR Engineering 2365 Iron Point Road #300 Folsom 95630
Hilliard Architects, Inc. 57 Post Street, Suite 512 San Francisco 94104 HLA Group, Landscape Architects & Planners 1990 Third Street, Suite 500 Sacramento 95814 HydroScience Engineers, Inc. 3353 Bradshaw Road, Suite 218 Sacramento 95827 Infrastructure Engineering Corporation 14271 Danielson Street Poway 92064 Integrated Designs By Somam Inc 6011 N. Fresno Street, Suite 130 Fresno 93710 J. Dorbritz, A.I.A. 800 Frenwood Pacific Topanga 90290
J.D. Walsh, Architecture & Urban Devel. 1945 Belding Dri ve Palm Springs 92262 James Oakes 191 W. Shaw Avenue, Suite 101 Fresno 93704
JLB Traffic Engineering Inc 5928 E Kaviland Fresno 93727 Johnson Architecture 942 E. Olive Ave. Fresno 93728
Kenneth D. Schmidt & Associates 600 W. Shaw Avenue, Suite 250 Fresno 93704 Kitchell 2450 Venture Oaks Way, STE 500 Sacramento 95833 Kittelson & Associates 1455 Response Road, Suite 120 Sacramento 95815 Klassen Corporation 2021 Westwind Drive Bakersfield 93301 Kleinfelder 5125 N. Gates Avenue, Suite 102 Fresno 93706 Krazan & Associates 215 W. Dakota Avenue Clovis 93612
Lars Andersen & Associates 4694 W. Jacquelyn, Suite 119 Fresno 93722 194
AGENDA ITEM NO. 14.

Lee & Ro, Inc. 11171 Sun Center Drive, Suite 210 Rancho Cordova 95670 Lore Engineering, Inc. 620 Dewitt Ave Suite 101 Fresno 93612 Mark Thomas & Co Inc 7571 N Remington Ave, Suite 102 Fresno 93711 Marks Bloxom Architects 555 W. Shaw Ave Suite B7 Fresno 93704 McPheeters & Associates 1486 Tollhouse Rd. Clovis 93611 Michael K. Nunley & Associates, Inc 8405 N Fresno St, Suite 120 Fresno 93720 Michael Sutherland & Associates 36691 Avenue 12 Madera 93638 Mid-Valley Engineering 5635 N. Figarden Drive, Suite 107 Fresno 93720 MIG 800 Hearst Avenue Berkeley 94710
Miyamoto International, Inc. 1450 Halyard Drive, Suite One West Sacramento 95691 Moore Twining Labs, Inc. 2527 Fresno St. Fresno 93721
Morton & Pitalo Inc 75 Iron Point Circle #120 Folsom 95630 MWM Architects, Inc. 2333 Harrison Street Oakland 94612 Nichols Consulting Engineers 1101 Pacific Avenue, Suite 300 Santa Cruz 95060 Nichols Consulting Engineers, Chtd. 8795 Folsom Blvd., Suite 250 Sacramento 95826 Nichols Consulting Engineers, Chtd. 501 Canal Blvd., Suite C Richmond 94804 Ninyo & Moore 675 Hegenberger Road, Suite 220 Oakland 94621 Northstar Engineering Group 909 14th Street Modesto 95354 NV5 1215 West Center Street, Suite 201 Manteca 95337
O’Dell Engineering 1165 Scenic Drive, Suite A Modesto 95350 Peters Engineering 952 Pollasky Ave. Clovis 93612
Precision Civil Engineering 1234 O Street Fresno 93722
Provost and Pritchard, Inc. 2505 Alluvial Ave. Clovis 93611 Quad-Knopf Engineering, Inc. 6051 North Fresno Street, Suite 20 Fresno 93710 R.W. Greenwood and Associates 2558 E. Olive Avenue Fresno 93701 Rincon Consultants Inc 1530 Montery St Suite D San Luis Obispo 93401 RMA GeoScience 3897 N Ann Ave Fresno 93727
Robert Boro & Associates P.O. Box 4734 Fresno 93744
RRM Design Group 210 East F Street Oakdale 95361
RRM Design Group 3765 S. Higuera Street, Suite 102 San Luis Obispo 93401 Safety Network 2310 Larkin Fresno 93727
Salem Engineering Group 4729 W. Jacquelyn Avenue Fresno 93722 Santina & Thompson 1355 Willow Way, Suite 280 Concord 94520 Sasaki Associates, Inc. 900 N. Point Street, Suite B300 San Francisco 94109 195
AGENDA ITEM NO. 14.

Schricker Engineering Group inc 2550 Walsh Ave Suite 120 Santa Clara 95051 SCS Engineers 3117 Fite Circle Suite 108 Sacramento 95827 See's Consulting & Technical (mail only) P.O. Box 28246 Fresno 93729 Sigfried Engineering, Inc. 4045 Coronado Avenue Stockton 95204 Technicon Engineering Services 4539 N. Brawley Avenue, # 108 Fresno 93722 The Beals Group #2 N. Market Street San Jose 95113
The Taylor Group Architects 10 River Park East, Suite 104 Fresno 93720 TJKM Transportation Consultants 4234 Hacienda Drive, Suite 101 Pleasanton 94588 Transportation Planning Group 222 N. Garden, Suite 100 Visalia 93291 Triad Architecture & Planning Assoc. 516 W. Shaw Ave., Suite 206 Fresno 93704 Tri-City Engineering 4630 W. Jennifer, Suite 101 Fresno 93722 Trinity Engineering Labs 1187 N Willow #105 PMB 20 Clovis 93611 Vanir 4540 Duckhorn Drive, Suite 300 Sacramento 95834
Vector Engineering 12438 Loma Rica Road, Suite C Grass Valley 95945 Vermeltfoort Architects 8525 N Cedar #106 Fresno 93720
VRPA Technologies (DBE) 4630 W Jennifer Fresno 93722
Wald, Ruhnke & Dost Architects, LLP 330 Fifth Street, Suite C Clovis 93612 West Coast Land Surveying 3949 N. Condor Ct. Sanger 93657 West Yost Assoc 2020 Research Park Dr #100 Davis 95618
Willdan Associates 2495 Natomas Park Drive, Suite 550 Sacramento 95833 Willdan Serving Public Agencies 2014 Tulare Street, Suite 515 Fresno 93721 Wilson & Associates 4221 W. Sierra Madre, Suite 201 Fresno 93722 WLC 10470 Foothill Blvd. Virginia Dart Tower Rancho Cucamonga 91730 Wood Architects 5761 Stoddard Road Modesto 95356
Yamabe and Horn Engineering, Inc. 2985 N. Burl Ave., Suite 101 Fresno 93727 196
AGENDA ITEM NO. 14.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 20, 2022
SUBJECT: Planning and Development Services – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of new Surveying Equipment from California Surveying and Drafting Supply.

ATTACHMENTS: None

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to waive the formal bidding requirements and authorize the City Manager to approve the purchase of new surveying equipment in the amount of $ 82,507.54 from California Surveying and Drafting Supply.

EXECUTIVE SUMMARY
In April 2022 the City filled its vacancy of City Surveyor. This position was added to the Planning and Development Services budget for the Fiscal Year 2021-22, and prior to its addition , much of the work was contracted out. Therefore, the City does not currently own the equipment needed to perform the duties assigned with the role of City Surveyor.

BACKGROUND
In previous years, the City Engineer has acted as City Surveyor to a limited capacity. All fieldwork in regard to surveying was contracted out on a n as -needed basis. The City determined it necessary to add a full-time Land Surveyor to the engineering team as part of the succession plan required for operation. With this comes the need for the equipment necessary to perform work associated with the position. California Surveying and Drafting Supply was selected after reviewing quotes from three (3) vendors of the equipment needed.

FISCAL IMPACT
The overall equipment and software costs will be $82,507.54, including tax. This cost includes all physical equipment, the establishment of a software license, one -year access to the geographic data software, and a one-year warranty on all equipment.

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REASON FOR RECOMMENDATION
California Surveying and Drafting Supply provided t he lowest responsible quote for the equipment requested by the City Surveyor. There are sufficient funds available for the cost of this equipment.

ACTIONS FOLLOWING APPROVAL
A purchase order will be prepared and approved by the City Manager to move forwa rd with the ordering of this equipment.

Prepared by: Tatiana Partain, Staff Analyst

Reviewed by: City Manager AH

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TO: Mayor and City Council
FROM: Police Department
DATE: June 20, 2022
SUBJECT: Police – Approval – Purchase of Unmanned Aerial Vehicle DJI -M30T (Drone) in Accordance with Clovis Police Department Military Equipment Use Policy 706.

ATTACHMENTS: 1. Policy 706 (Military Equipment Use Policy) of the Clovis Police Department Policy Manual

2. Quote for DJI-M30T

3. Photograph of DJI-M30T

CONFLICT OF INTEREST
None.

RECOMMENDATION
Staff recommends that the City Council approve the purchase of one (1) DJI -M30T Unmanned Aerial Vehicle (UAV) for public safety pursuant to Policy 706 of the Clovis Police Department Policy Manual.

EXECUTIVE SUMMARY
Staff recommends that the City Council approve purchase of one (1) DJI-M30T UAV for the use of public and officer safety. The application of the DJI-M30T equipped with optical, zoom, and/or thermal cameras allow the Department to monitor unfolding crime sc enes more accurately and at a safer distance.

A quick and deployable camera drone allows pilots to have a better vantage point during times of chaotic situations where deploying ground personnel is too risky. Aerial vantage points from drones also allow post-accident scenes or crime scenes to be fully documented and reconstructed to help understand the timeline of events for each incident. The sole reliance on ground assets to respond to emergency events increases threats to the safety of the community and emergency personnel and decreases the efficiency and effectiveness of the emergency response.

A DJI-M30T UAV will act as a force multiplier and the cost of the UAV is a fraction of what manned helicopters require. In response to active shooters, improvised explosive devices, 199
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and/or armed hostage situations, the UAV can observe threats from a safe vantage point, which allows officers on the scene to operate with greater safety. A DJI-M30T provides our Department with the tools necessary to respond appropriately to emergency situations when situational awareness is key.

BACKGROUND
Currently, the Department’s most advanced UAV in its fleet is a DJI -M300. The DJI-M300 unit is equipped with the best camera system and has the most flight time. The DJI-M300 is a large UAV and takes a significant amount of time to deploy at around fifteen (15) minutes, therefore it’s primarily used in our Drone First Responder (DFR) program.

A DJI -M30T is less than half the size of a DJI -M300 and is able to deploy within forty (40) seconds. A DJI-M30T has a flight time and camera system that is comparable to a DJI -M300, which will allow pilots to deploy it in the field, as well as utilizing it for the Department’s DFR program.

With increasing police officer and public safety concerns, acquiring a DJI -M30T UAV will help the Department respond faster to incidents, ma p out crime scenes, scout search warrant locations before an operation begins, conduct missing person missions, and ensure the safety of all individuals involved in an operation. A DJI -M30T UAV is a necessary and cost -effective tool to improve the Departm ent’s response times and improve the Department’s investigative capabilities.

Advexure Unmanned Systems is an approved Department UAV vendor that the Department primarily uses to purchase DJI-manufactured UAVs, and has provided approximately ninety (90) percent of the Department’s current UAV fleet.

FISCAL IMPACT
The cost of a DJI -M30T is included in the Department’s existing budget. Annual maintenance of the UAV is projected to be between $500.00 - $1,000.00.

REASON FOR RECOMMENDATION
Approval will all ow the Department to increase officer and public safety while improving the Department’s investigative capabilities and response time to priority calls for service.

ACTIONS FOLLOWING APPROVAL
The Department will purchase the DJI -M30T UAV from Advexure U nmanned Systems for the price listed in Attachment 2.

Prepared by: Josh Richards, Police Sergeant

Reviewed by: City Manager AH

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Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body
– The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, excluding unarmored all-terrain vehicles and dirt bikes. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld,ram designed to be operated by one person. • Firearms and ammunition of fifty (.50) caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than fifty (.50) caliber, including firearms and accessories identified as assault weapons pursuant to Penal Code section 30510 and Penal Code section 30515, with exception of standard department issued firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools, including, but not limited to, grenades.
• Munitions containing tear gas or oleoresin capsicum (OC), excluding standard, Department-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and Long-Range Acoustic Devices (LRADs).
• Kinetic energy weapons and munitions, including, but not limited to, projectile launchers, bean bag rounds, and rubber bullets.

ATTACHMENT 1
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• Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the policy of the Clovis Police Department that members of this department comply with the provisions of Government Code § 7071.
706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Clovis Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying military equipment for the Department:

See attachment: Military Equipment List.pdf
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting this military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least thirty (30) days prior to any public hearing concerning the military equipment at issue (Government Code § 202
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Military Equipment - 3
7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to Title 10 of the United States Code section 2576a.
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment maybe used by any other law enforcement agencies or members in this jurisdiction if such military equipment has been approved for use in accordance with this policy.

Military equipment used by other law enforcement agencies that are providing mutual aid or assistance to this jurisdiction shall comply with their respective military use policies in rendering mutual aid or assistance.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for Department use. The report shall include all information required by Government Code section 7072 for the preceding calendar year for each type of military equipment in department inventory.
706.8 COMMUNITY ENGAGEMENT
Within thirty (30) days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, 203
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at which the Department should discuss the report and respond to public questions regarding Department funding, acquisition, or use of military equipment.

In accordance with Section 706.3(g) of this policy and Government Code section 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy. The Department will monitor all complaints, concerns, and questions to ensure timely responses are completed. Complaints, concerns, or questions may be submitted by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: (559) 324-2406

3. Via postal mail to: Clovis Police Department, Attn: Chief of Police, 1233 Fifth Street, Clovis, CA 93612
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Attachments - 5
Attachments
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Military Equipment List.pdf - 6
Military Equipment List.pdf
Military Equipment List.pdf
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1 Military Equipment

1. Mobile Command Vehicle (MCV) – A vehicle used as a mobile dispatch center and/or office that provides heated and cooled shelter, a source of electricity and lighting, access to Department computer systems, and a place for department members to meet at the scene of a critical incident, pre- planned event, natural disaster, or community event. a. Description quantity, capabilities, and purchase cost The MCV is custom built by the Farber Company on a 2 axel Freightliner Chassis that had an initial cost of $542,608 in 2006. The single unit (1) has a chassis motor which propels the vehicle and a generator which powers all internal electrical components and can provide external power to additional lights or equipment as necessary. The MCV has two full dispatch terminals, space for up to 7 additional workstations, and multiple divider doors that can break up the space into five separate rooms. The MCV has three dedicated cell phone lines and 5 sets of radios that can communicate with all surrounding agencies on both UHF and VHF frequencies.
b. Purpose
To be used at the scene of any pre planned event, community event, critical event, or natural disaster where a portable office, dispatch center, heated or cooled shelter, supplemental power source and/or meeting location is needed. c. Authorized use
Only staff trained in the deployment and operation of the MCV may operate it.

Only members that have a California Class B driver’s license with air brake endorsement may drive the vehicle.
d. Lifespan
The MCV has a 30-year lifespan on the chassis and vehicle. Upgrades on technology inside the vehicle will be on an as needed basis. e. Fiscal Impact
Annual maintenance cost is approximately $1,500.00
f. Training
The drivers shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver will drive the vehicle throughout the city with an experienced driver. 207
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2 The driver shall also undergo California Department of Motor Vehicle commercial vehicle testing.

g. Legal and Procedural Rules
Use shall be in accordance with California State law regarding the operation of motor vehicles.

2. Crisis Negotiation Team (CNT) Vehicle - A vehicle used as a mobile office that provides shelter, access to the Police Department computer systems, and facilities on extended events. a. Description, quantity, capabilities, and purchase cost 2007 General Motors 4500 Utilimaster (custom built) vehicle, cost: $149,654, quantity: 1 The CNT vehicle can be utilized with SWAT/CNT callouts and for community events.
b. Purpose
To be utilized for critical incident callouts and community events. c. Authorized Use
The CNT vehicle is used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license.
d. Lifespan
The CNT vehicle has a 30-year lifespan on a chassis and vehicle. e. Fiscal Impact
Annual maintenance, $600.
f. Training
Once completing a closed training course, the operator will drive the vehicle throughout the city with an experienced driver.
g. Legal and Procedural Rules
Use shall be in accordance with California State law regarding the operation of motor vehicles.
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3 3. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI MAVIC MINI, cost: $500 each, quantity: 20. Miniature UAS that weighs approximately 249 grams and can record video and audio with approximately 30 minutes of flight time.
ii. DJI MAVIC 2 ENTERPRISE ADVANCED, cost: $7,500, quantity: 2. UAS that has a color and thermal camera as well as audible speaker and light.

Capable of video recording and weighs 909 grams without a payload, approx. 30 minutes of flight time.
iii. DJI MAVIC ENTERPRISE, cost: $3,500, quantity: 1. UAS that has a color and thermal camera as well as audible speaker and light. Capable of video recording and weighs 899 grams without a payload, approx. 30 minutes of flight time.
iv. DJI MAVIC PRO, cost: $1,500, quantity: 1. UAS that weighs approx. 1.5 pounds, 25-minute flight time and a single-color camera with recording capabilities.
v. DJI PHANTOM 4, cost: $1,600, quantity: 1. UAS that weighs approx. 1380 grams, 28-minute fight time and a single-color camera with recording capabilities.
vi. DJI MATRICE 300 with HT20 camera, cost: $25,000 each, quantity: 1.

UAS that has 45 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Has video recording capabilities. vii. DJI MATRICE 210 with Z30 camera, cost: 10,500 each, quantity: 1. UAS that has 30 minutes of flight time without a payload, in all weather, has a zoom camera and light. Has video recording capabilities. viii. SKY HERO LOKI 2, cost: 10,500 for a package of 2, quantity: 1.

Ruggedized interior tactical UAS that has 16 minutes of flight time. It has a forward facing analog fixed day-night + IR camera allowing it to fly in total darkness. Unable to record video currently.
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4 ix. SKYDIO 2, cost: $1,100, quantity: 1. UAS that weighs approx. 775 grams, 27 minutes of flight time. It has a zoom camera and 360-degree accident avoidance. It is unable to fly in darkness.

b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Searching for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. SWAT, tactical or other public safety and life preservation missions. vi. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.
d. Expected Life Span
All UAS equipment, 3-5 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $10,000. f. Training
All Department UAS operators are required to obtain a PART 107 license. In addition, each operator must attend a basic department training course and participate in ongoing quarterly training.
g. Legal and Procedural Rules
Use is established under FAA Regulations 14 CFR Part 107, COA, FAA waivers, and the City of Clovis UAS policy. It is the policy of Clovis Police Department to 210
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5 utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

4. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.

a. Description, quantity, capabilities, and purchase cost:
i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1425, cost:
$1000, quantity: 2. The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by SWAT personnel.

ii. DEFENSE TECHNOLOGY, 40MM TACTICAL 4-SHOT LAUNCHER, #1440, cost:
$1975, quantity: 2. The 40mm Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features the Rogers Super Stoc™ expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by SWAT personnel.

iii. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost: $18, quantity: 62. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.

iv. DEFENSE TECHNOLOGY, SPEDE-HEAT 40MM LONG-RANGE, CS, #6182, cost:
$30, quantity: 34. The SPEDE-HEAT CS Long-Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds from a single source.

The Spede-Heat family may be used to conceal tactical movement or to route a crowd.

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6 v. DEFENSE TECHNOLOGY, SPEDE-HEAT 40MM LONG-RANGE ROUND, SAF SMOKE, #6183, cost: $27, quantity: 12. The Spede-Heat Saf-Smoke Long Range Munitions is designed to deliver one chemical canister of Saf-Smoke™ payload down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high- volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The Spede- Heat 40 mm is designed for outdoor and has a maximum effective range of 150 yards.

b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:
i. Situations for use of the less lethal weapon systems may include, but are not limited to:

ii. Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents.

iii. Circumstances where a tactical advantage can be obtained. Potentially vicious animals.

iv. Training exercises or approved demonstrations.

v. By officers who have been trained in their proper use.

d. Lifespan:
i. Defense Technology #1425- 25 years.

ii. Defense Technology #1440- 15 years.

iii. Model 6182 Defense Technology Spede-Heat 40 MM long-range, CS- 5 years.

iv. Model 6183 Spede-Heat 40mm Long-range Round, Saf Smoke- 5 years.

e. Fiscal Impact:

Annual maintenance is approximately $50 for each launcher.

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7 f. Training:

Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified and/or Defense Technology less lethal and chemical agent instructors.
g. Legal and Procedural Rules:

The 40mm launchers are to be used only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force.

5. Distraction Devices: A device used to distract dangerous persons.

a. Description, quantity, capabilities, and purchase cost:

Defense Technology, 7290-2 FLASH-BANG, cost: $52, quantity: 39. A non- bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. b. Purpose:

A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over- pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use:

Diversionary Devices shall only be used:
i. In hostage and barricaded subject situations.

ii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.

iii. During other high-risk situations where their use would enhance officer safety.

iv. During training exercises or approved demonstrations. 213
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8 v. By officers who have been trained in their proper use.

d. Lifespan:

Until used.
e. Fiscal Impact:

No annual maintenance.
f. Training:

Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors and/or Defense Technology.
g. Legal and Procedural Rules:

Diversion devices are to be used only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force.

6. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.

a. Description, quantity, capabilities, and purchase cost:
i. DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CANISTER, CS, #1026, cost: $47, quantity: 18. The Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This canister can be hand thrown or launched from a fired delivery system. The canister is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

ii. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, CS, #1082, cost: $27, quantity: 9. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The 214
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9 volume of smoke and agent is vast and obtrusive. This launchable grenade is

6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.

iii. DEFENSE TECHNOLOGY, FLAMELESS EXPULSION CS GRENADE, #2042, cost:
$48, quantity: 8. The CS Flameless Expulsion Grenade is a compact, non- pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its 3-second discharge time.

iv. DEFENSE TECHNOLOGY, MAXIMUM HC SMOKE MILITARY-STYLE CANISTER, #1083, cost: $38, quantity: 18. The Military-Style Maximum Smoke Grenade comes from the Defense Technology #3 smoke grenade. It is a slow burning, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits grey-white smoke only for approximately 1.5 to 2 minutes.

v. DEFENSE TECHNOLOGY, POCKET TACTICAL BLUE SMOKE GRENADE, #1017B, cost: $39, quantity: 3. The Pocket Tactical Blue Smoke Grenade is a small, lightweight device. Though it is slightly over four inches in length, it produces a blue smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical colored smoke grenade. It will burn approximately 20-40 seconds.

vi. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE, #1080, cost $41, quantity: 8- The Riot Control OC Grenade is designed specifically for outdoor use in crowd control situations with a high- volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is

6.0 in. by 2.35 in. and holds approximately 0.88 oz. of active agent.

vii. DEFENSE TECHNOLOGY, OC VAPOR AEROSOL GRENADE, #1056, cost: $49, quantity: 12. The Defense Technology OC Vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor use in confined areas and once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC Vapor on the subject is dramatic with minimal decontamination needed. Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC Vapor Aerosol Grenade is ideal for cell extractions or barricade situations 215
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10 where the use of pyrotechnic, powder or liquid devices is not practical or desired.
viii. DEFENSE 1.3% MK-46V STREAM OC AEROSOL #43046, cost: $495, quantity:

1. The MK-46 features a trigger handle, is intended for use in crowd management and will deliver 26 short bursts of OC at an effective range of 25-30 ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a target-specific, strong concentrated stream for greater standoff.

ix. DEFENSE TECHNOLOGY, SPEDE-HEAT CS, #1072, cost: $40, quantity: 72. The Spede-Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. It is delivered in a burn safe for safety.

x. DEFENSE TECHNOLOGY, SPEDE-HEAT POCKET TACTICAL CS, # 1072 cost:
$30, quantity: 62. Pocket Tactical Grenade, CS. The Pocket Tactical CS Grenade is a quick burning, reduced volume, continuous discharge grenade.

Pelletized chemical agent is discharged through one (1) gas port located on the bottom of the canister. The Pocket Tactical Grenade is a small, lightweight, easily carried device that provides a medium volume of chemical agent. The 0.9 oz. of active agent will burn approximately 20-40 seconds. It is delivered in a tomahawk burn safe for safety.

xi. DEFENSE TECHNOLOGY, RUBBER BALL STINGERS CS, cost $ 30, quantity: 13:

The Stinger Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another.5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a 50-foot radius.

xii. DEFENSE TECHNOLOGY, STINGERS OC, cost $ 30, quantity: 8: The Stinger OC Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and OC.

The Stinger Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a 50-foot radius.

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11 b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained. Potentially vicious animals.
c. Authorized Use:

Only officers who have been trained in proper use in the use of chemical agents are authorized to use chemical agents.
d. Lifespan:
5 years from manufacturing date.
e. Fiscal Impact:

No annual maintenance.
f. Training:

Sworn members utilizing chemical agent canisters are certified by POST and/or Defense Technology less lethal and chemical agent instructors. g. Legal and Procedural Rules:

Chemical agents will only be used for official law enforcement purposes and pursuant to State and Federal law.

7. Armored Vehicles: Wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Description, quantity, capabilities, and purchase cost i. MRAP, cost: $0, quantity: 1. The MRAP is a United States Army specialized armored vehicle manufactured of common commercial and military parts. It seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It stops various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
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12 ii. Lenco Bearcat, G3, cost: $431,133.42, quantity 1. The Lenco Bearcat, G3, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level od a shield and personal body armor.

b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. d. Lifespan
Estimated 15-25 years.
e. Fiscal Impact
Annual maintenance of approximately $5,000.
f. Training
All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving. MRAP drivers are required to possess a valid Class B California driver license. The Bearcat may be driven by any Clovis Police Officer trained in the operation of the Bearcat. g. Legal and Procedural Rules
The department will only use the MRAP and Bearcat for official law enforcement purposes, and pursuant to State and Federal law.

8. Explosive Breaching Tools: Tools that are used to conduct an explosive breach. a. Description, quantity, capabilities, and purchase cost

i. Detonating Cord, cost: $1 per foot, quantity: 90 feet. The detonating 218
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13 cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. Detonating cord is the primary explosive used to defeat doors, walls, windows, and other barricades for SWAT Operators to safely make entry into a specific location, or create distraction, with no risk to the person inside of the room being breached.

ii. Blasting Cap, cost: $12, quantity: 9. A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful, and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps.

iii. Nonel, cost: $429.00 per case, Quantity: 10 total. Nonel is a zero-delay shock tube that contains a reactive explosive compound that provides a safe distance from the explosive initiator to the explosive charge that is placed on the target that is going to be breached.

iv. Remington 870 Express Breaching Shotgun, cost: $500, quantity: 2.

This weapon allows for breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).

v. Royal Arms Tesar-2 Back Cap 425 Grain Copper Frangible Breaching Round, cost: $5 per round, quantity: 50. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.

vi. Royal Arms Tesar-4 Yellow Cap 750 Grain Copper Frangible Breaching Round, cost: $5 per round, quantity: 45. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.

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14 vii. Royal Arms HP C, cost: $6 per round, quantity: 20. The round is fired from a breaching shotgun and is used to cut rebar, penetrate security glass, car doors, and can penetrate engine blocks.

viii. Royal Arms FTR-P1 12 Gauge Frangible Polyshot Training Rounds 48, cost: $2.50 per round, quantity 48. The round is fired from a breaching shotgun and used as a training tool to show how to effectively use and deploy a breaching shotgun.

b. Purpose
To safely force entry into a structure.

c. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.

d. Lifespan
Breaching Shotgun- 25 years, Blasting Caps- 10 years, Detonating cord- 10 years, Royal Arms Tesar-2 black cap 425 grain copper breaching round- 5 years, Tesar-4 yellow cap 750 grain copper frangible breaching round- 5 years, Royal Arms HP cutter 12-gauge hollow point rebar cutter breaching round- 5 years e. Fiscal Impact
Annual maintenance is approximately $500.
f. Training
All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations.
g. Legal and Procedural Rules
Breaching tools will only be used for official law enforcement purposes, and pursuant to State and Federal law.

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15 9. Less Lethal Shotgun: Less Lethal Shotguns are used to deploy the less lethal 12-gauge Defense Technology Beanbag Round.
a. Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $946, quantity: 19. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Defense Technology Beanbag Round up to 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De- escalation.
ii. DEFENSE TECHNOLOGY DRAG STABILIZED 12 GAUGE BEAN BAG ROUND:
cost: $5, quantity: 500. A less lethal 2.4 -inch translucent 12-gauge shotgun round in a tear shaped bag filled with 40 grams of lead shot at a velocity of 270 feet per second (FPS). Bean bag rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This design utilizes four stabilizing tails and utilizes smokeless powder as a propellent. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Bean Bag round is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Only Officers who have been instructed on and demonstrated proficient use of this force option are allowed to deploy and utilize it.

Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals.

ii. Riot/crowd control and civil unrest incidents.

iii. Circumstances where a tactical advantage can be obtained.

iv. Potentially vicious animals.

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16 v. Training exercises or approved demonstrations.

d. Lifespan
Remington 870 Less-lethal shotgun- 25 years, Defense Technology Bean Bag rounds- No expiration.
e. Fiscal Impact
Annual maintenance is approximately $5.00 per shotgun.
f. Training
All officers are trained in the use of the 12 gauge less lethal shotgun as a less lethal option through in-service training.
g. Legal and Procedural Rules
Less lethal shotguns are to be used only for official law enforcement purposes, and pursuant to State and Federal law.

10. Robot: A remotely controlled, unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.

a. Description, quantity, capabilities, and purchase cost ICOR Caliber T5, Cost: $120,000, Quantity: 1, Capabilities: It is a compact, two- man portable system that shares the same core design of a large robot. Able to climb stairs and provide disruption capabilities. The T5 is best suited to assist EOD and SWAT teams in inspecting and retrieving of suspicious devices from narrow passages of buses, trains, and places. It’s turreted claw/disruptor arm integrates the remote handling capabilities of a disruptor. Able to lift to 45 pounds with arm retracted and 18 pounds with arm extended. Capable of dragging 200+ pounds.

b. Purpose
To be used to remotely obtain visual and audio intelligence, remotely bring any medium weight items to a safe location, disrupt suspicious packages, X-ray, 222
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17 search buildings/indoor or outdoor areas, provide phones or other items to people during Crisis Negotiations.

c. Authorized Use
Only approved operators who have completed the required training are authorized to use this equipment. These personnel are restricted to EOD team members only and the use is authorized by the Bomb Squad Commander and requested by the Incident Commander incidents.

d. Expected Lifespan
8-10 Years

e. Fiscal Impact
Maintenance and battery replacement at about $1,200 annually.

f. Training
Only EOD team members who have attended HDS six-week certification course or who have completed other necessary training as approved by the Bomb Commander.

g. Legal and Procedural Rules
The robot is to be used only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

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18 I. Maintenance of Military Use Supply Levels
When stocks of military equipment such as less lethal rounds, gas canisters, UAS batteries, etc. have reached significantly low levels or have been exhausted, the Department may order an amount sufficient to replenish the supply up to the above listed amounts without city council approval to maintain essential availability for the Department’s needs. Clovis Police Department may also acquire additional stock of items listed here from other law enforcement agencies or CalOES in the event of an emergency when approved by the Chief of Police or designee.

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ATTACHMENT 2

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AGENDA ITEM NO. 16.

ATTACHMENT 3

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AGENDA ITEM NO. 16.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: June 20, 2022
SUBJECT: Public Utilities – Approval – Final Acceptance for CIP 21-09, SWTP 2.5 MG Water Storage Reservoir Coating Project.

ATTACHMENTS: 1. Vicinity Map

CONFLICT OF INTEREST
None.

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

EXECUTIVE SUMMARY
Staff is recommending that Council accept the work performed by Unified Field Services Corporation and authorize the recording of the notice of completion.

This project was awarded on September 13, 2021 as a maintenance project to re-coat the interior of the existing 2.5 million gallon water storage reservoir (tank) at the Clovis Surface Water Treatment Plant (SWTP). The work consisted of the surface preparation, repairs, and application of protective coating to all internal surfaces of the tank.

BACKGROUND
On September 13, 2021, City Council approved the bid award for CIP 21 -09, SWTP 2.5 MG Water Storage Reservoir Coating Project, and authorized the City Manager to execute the contract on behalf of the City with Unified Field Services Corporation in the amount of $676,270.00. The bid award included add ed alternate bid item A2 for Exterior Surface Preparation and Coatings Work, which more specifically addressed the painting and repair of the lowest 8 feet of the exterior of the water storage tank. D uring design, this area of the tank was found to need repairs and recoating.

During the course of the construction, it was determined that additional urgent structural repairs and recoating work was needed. On November 1, 2021, City Council approved thre e contract 227
AGENDA ITEM NO. 17.
change orders in the total amount of $284,101.00. The work addressed in the change orders included the replacement of roof rafters in the tank that were severely corroded, adding dehumidification, and providing surface preparation, and coating the entire exterior of the tank.

The project experienced one additional change order for $9,143 .00 for repairs made to the cathodic protection system of the water tank.

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

FISCAL IMPACT

1. Award $ 676,270.00

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

3. Contract Change Orders $ 293,244.00

4. Liquidated Damages Assessed $ -

Final Contract Cost $ 969,514.00

The fiscal year 2021 -2022 Water Enterprise budget includes sufficient funds for all the project costs, including the project contract change orders.

REASON FOR RECOMMENDATION
The Public Utilities Department, the City Engineer, the engineering inspector, and the project engineer agree that the work performed by the contractor is in accordance with the project plans and specifications and has been deemed acceptable. The contractor, Unified Field Services Corporation, has requested final acceptance from City Council.

ACTIONS FOLLOWING APPROVAL

1. The notice of completion will be recorded; and

2. All remaining retention funds will be released 35 calendar days following recordation of the notice of acceptance, provided no liens have been filed. Retention funds may be released within 60 days after the date of completion, provided no liens have been filed, with “completion” defined as the earlier of either: (a) beneficial use and occupancy and cessation of labor; or (b) acceptance by the City Council per Public Contract Code Section 7107(c)(2).

Prepared by: Kevin Tuttle, Civil Engineer

Reviewed by: City Manager AH
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AGENDA ITEM NO. 17.

Willow
Peach
Clovis
Sunnyside
Fowler
Armstrong
T emperance
Locan
De Wolf
Shepherd
T eague
Nees
Alluvial
Herndon
Sierra
Bullard
Barstow
Shaw
Gettysburg
Ashlan
Dakota
Leonard
Highland
Minnewawa
4 ATTACHMENT1

CITY LIMITS SPHERE OF INFLUENCE

VICINITY MAP
Prepared By: Kevin Tuttle
SWTP Location
CIP 21-09 SWTP 2.5 MG Water Storage Reservoir Coating Project Print Date: June 3, 2022 John Armendariz229
AGENDA ITEM NO. 17.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: June 20, 2022
SUBJECT: Public Utilities – Approval – Award Non-Exclusive Franchise Agreements for Hauling of Construction and Demolition Debris, and Update the City’s Approved Hauler List.

ATTACHMENTS: 1. Approved Hauler List

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to award non-exclusive construction and demolition (C&D) hauling franchise agreements for two (2) years to the following haulers: Accurate Cleaning Systems; Clovis Recycling, Inc.; F -N-F Roll -Off Service; HD Matthews Demolition & Excavation ; Hinojosa Cleanup Service (HCS); and Kochergen Farms Composting, Inc. (Green Valley Recycling).

EXECUTIVE SUMMARY
On May 6, 2013, Council adopted Ordinance 13-12, pertaining to the recycling and diversion of construction and demolition (C&D) debris. One of the requirements of this ordinance is that all entities hauling C&D debris in Clovis must apply for and be awarde d a non -exclusive C&D hauling franchise agreement. This year, we received six applications, all of which are renewing their current agreements that are set to expire on June 30, 2022. Staff is recommending that all applicants be awarded two -year, non -exclusive C&D hauling franchise agreements and be added to the City’s updated list of approved haulers, which goes into effect on July 1st, 2022.

BACKGROUND
AB 939 – the California Waste Management Act of 1989 (Public Resources Code §§ 40000 et seq.) – along with the California Green Building Standards Code (CCR, Title 24, Part 11) – also known as CALGreen – require the City of Clovis to prepare, adopt, and im plement source reduction and recycling plans to reach landfill diversion goals. The City has achieved the State’s diversion goals, but AB 939 also requires the City to annually report to the State the quantities of waste that are disposed of in landfills a nd the quantities of waste that are diverted through recycling programs. CALGreen further instructs local jurisdictions to require contractors to 230
AGENDA ITEM NO. 18.
develop and maintain a waste management plan and to divert a minimum of 65 percent of waste material.

Debris from construction, demolition, and renovation of buildings is the largest waste stream from Clovis that is not hauled by the City or the City’s direct contractors. Prior to the adoption of Ordinance 13-12, the hauling of this waste was unregulated and the City had no means to track and report the quantities of this waste that were recycled or disposed of in landfills. The ordinance established non -exclusive C&D hauling franchises for haulers wishing to haul C&D debris generated within the City. The ordinanc e also prohibits non -franchised haulers from transporting C&D debris generated in Clovis. Lastly, the ordinance requires the franchised haulers to report to the City the quantities of this material that they recycle and dispose of in landfills and to pay t he AB 939 surcharges associated with any C&D debris they dispose of in landfills.

The ordinance established a fee of $1,000 for each two -year, non-exclusive franchise. The fee is based on the estimated costs for the staff time that will be spent to pr ocess each application and to review the quarterly reporting from each hauler. The ordinance was prepared with input from the Building Industry Association (BIA) and from local waste haulers.

FISCAL IMPACT
There is no significant fiscal impact to the City associated with the award of these agreements.

The application fee for the two -year, non-exclusive franchise agreement to haul C&D debris is based on the estimated costs for staff time to process the applications and to review and process the quarterly reports from each hauler.

REASON FOR RECOMMENDATION
Haulers must be franchised to haul C&D debris in Clovis. All applicants recommended for approval have met all the requirements for the non-exclusive franchise.

ACTIONS FOLLOWING APPROVAL
Originals of the franchise agreements will be forwarded to the City Manager for signature. Staff will notify the haulers that they have been awarded the non -exclusive franchise agreements.

Staff will provide the Building Official with the list of the approved C&D haulers. Staff will monitor the franchised haulers’ reports for compliance with Ordinance 13-12.

Prepared by: Kristen Freberg, Management Analyst

Reviewed by: City Manager __AH___

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AGENDA ITEM NO. 18.

EFFECTIVE 07-01-22

APPROVED CONSTRUCTION AND DEMOLITION DEBRIS (C&D) HAULERS Approval valid through 7-01-2023
Allied Waste Services of Fresno Nick’s Trucking, Inc.
5501 N. Golden State Boulevard 7420 N. Van Ness Boulevard Fresno, CA 93722 Fresno, CA 93711
(559) 275-1551 (559) 281-2267
www.republicservices.com
Industrial Waste & Salvage North Cal Hauling Company
3457 S. Cedar Avenue 5716 Folsom Boulevard, PMB 285
Fresno, CA 93725 Sacramento, CA 95819
(559) 233-1159 (916) 381-9033
www.cagliaenvironmental.com www.northcalhauling.com
Kroeker, Inc. Waste Management
4627 S. Chestnut Avenue 4333 E. Jefferson Avenue
Fresno, CA 93725 Fresno, CA 93725
(559) 237-3764 (559) 834-4070
www.kroekerinc.com www.wm.com
Mid Valley Disposal Legacy Construction Debris Service
2721 S. Elm Avenue, Fresno, CA 93706 1968 N. Gateway Boulevard, Ste. 103 15300 W. Jensen Avenue, Kerman, CA 93630 Fresno, CA 93727 (559) 237-9425 (559) 251-1605
www.midvalleydisposal.com
Mini Dumpsters of Fresno, LLC True Clean Construction Cleanup, Inc. 500 S. Teilman Avenue 2505 E. Oakdale Avenue
Fresno, CA 93721 Tulare, CA 93274
(559) 696-6626 (559) 936-7557
www.minidumpstersoffresno.com
Approval valid through 7-01-2024
Clovis Recycling, Inc. Hinojosa Cleanup Service (HCS)
1059 Hoblitt Avenue 777 Minnewawa Avenue, Suite 2
Clovis, CA 93612 Clovis, CA 93612
(559) 325-2128 (559) 647-2602
www.cnwenterprises.com www.hcsrolloff.com
F-N-F Roll-Off Service Kochergen Farms Composting, Inc.

P.O. Box 11807 dba Green Valley Recycling
Fresno, CA 93775 P.O. Box 11006
(559) 318-0644 Fresno, CA 93771
www.fnfrolloffservices.com (559) 498-0900
www.kochergenfarmscomposting.com
HD Matthews Demolition & Excavation Accurate Cleaning Systems P.O. Box 12483 802 Industrial Drive, Suite 200
Fresno, CA 93778 Hollister, CA 95023
(559) 275-3366 (831) 636-9767
Attachment 1 232
AGENDA ITEM NO. 18.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: June 20, 2022
SUBJECT: Consider Introduction – Ord. 22-___, R2008-007A3, A request to amend the Loma Vista Community Centers North and South Master Plan to remove the planned local street identified as Marengo Avenue within Planning Area 1 and Planning Area 2 and to adjust the underlying R -3 Zone District to reflect the modified circulation layout. AP Multifamily, LP, property owner; Wathen Castanos Homes, applicant; Precision Civil Engineering, representative. (To be continued to the July 5, 2022 council meeting)
Staff: Dave Merchen, City Planner
Recommendation: Continue
ATTACHMENTS: 1. Draft Ordinance 22-___

2. Master Plan Location and Planning Areas Map

CONFLICT OF INTEREST
None.

RECOMMENDATION
Staff and the Planning Commission recommend that the City Council introduce an ordinance approving amendments to the Loma Vista Community Centers North and South Master Plan.

EXECUTIVE SUMMARY
Wathen Castanos Homes (applicant) is requesting an amendment to the Loma Vista Community Centers North and South Master Plan (Master Plan) to eliminate a 700-foot-long section of a planned local street and to extend the existing R-3 Zone District to reflect the modified circulation layout (see Figure 1). The amendment is intended to prepare the subject parcel for a future residential project on the site, which is currently bisected by the planned street align ment.

Amendments to the Master Plan are accomplished through the rezoning process. The Planning Commission considered this project at its May 26, 2022, meeting at which time the Commission voted to recommended approval 3-0-2, with Commissioner Bedstead and Chair Hinkle absent.

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FIGURE 1 – PROJECT LOCATION

BACKGROUND
 General Plan Designation: H (High Density Residential) & MU-V (Mixed Use Village)
 Existing Zoning: R-3 and C-3
 Lot Size: 12.4 (approximately)
 Current Land Use: Vacant
 Adjacent Planned Land Uses:
o North: Park (Public Facilities)
o South: Mixed Use Village (Planned Commercial Center)
o East: Mixed Use Village (Planned Commercial Center)
o West: High Density Residential
 Previous Entitlements: No previous entitlements on the subject property 234
AGENDA ITEM NO. 19.

PROPOSAL AND ANALYSIS
The project proposes amendments to the Loma Vista Community Centers North and South Master Plan that would modify the circulation layout to eliminate a 700-foot-long section of a planned local street alignment (Marengo Avenue). The pr oposed amendments would also extend the existing R -3 (Medium Density Multifamily Residential) Zone District on the site to encompass the area where the street was planned. A narrow sliver of C-3 (Commercial-Central Trading) zoning would also be changed to R-3 to accommodate a future residential project. After evaluating multiple designs, the applicant has determined that the proposed changes are necessary to allow a feasible residential project to move forward. The proposed changes are consistent with the G eneral Plan and Loma Vista Specific Plan and, therefore, a general plan amendment is not required for this project.

Loma Vista Community Centers North and South Master Plan (Master Plan)

The Loma Vista Community Centers North and South Master Plan was adopted by the City Council through a rezoning approval in April of 2009. The Master Plan covers most of the area between Leonard Avenue on the east, DeWolf Avenue and the Jefferson Canal on the west, and Barstow and Gettysburg Avenues on the north and south (See Attachment 2). Properties north of Shaw Avenue are within Community Center North , and properties south of Shaw are within Community Center South. The Master Plan includes various design elements for the nearly 275 acre area including public open space, circulation, landscaping, architecture, housing products, and land use development standards. Land uses include high and very high residential densities, mixed use community center uses, commercial, and public facilities. The overall maximum residential density of the Master Plan is approximately 15 dwelling units per acre.

The Community Centers North and South are envisioned to be dynamic pedestrian -oriented districts with a complimentary mix of uses. The design and orientation of development will focus 235
AGENDA ITEM NO. 19.
on pedestrians, with amenities such as outdoor dining, public art, and enhanced sidewalks. Key features include ample open spaces such as community parks, pocket parks, plazas and paseos. Streets will be calmed to allow for convenient and safe pedestrian linkages. Community Center North, where the subject property sits, includes a designat ed mixed-use “Main Street” along the Sanders Avenue alignment. Internal trails will combine with the Jefferson Trail open space corridor to provide pedestrian linkages throughout. The Community Centers will be connected by a vehicular and pedestrian underpass at Shaw Avenue.

The proposed amendments are intended to support the development of a higher density residential project (up to 25 units per acre) consistent with the intent of the Master Plan, while retaining its key design features. Brief highlights of these features and their relationship to the proposed project are outlined as follows:

 Street Circulation : The street layout and design in the Master Plan are unique to its boundaries and are intended to enhance connectivity for pedestrians, bicycles, and cars alike. Marengo Avenue, a portion of which would be eliminated by the amendments, is identified as an “urban street” with a right-of-way of 60’. This type of local street is primarily intended to provide direct access to the properties along its alignment. It is not intended to gather traffic from adjacent streets like a collector or arterial street. If it is eliminated, greater emphasis would be placed on the Sander’s Avenue “Main Street”. Engineering staff has reviewed this change and found that n o substantive impacts would occur from a traffic movement or congestion perspective.

 Main Street: A designated mixed -use “Main Street” along the Sanders Avenue alignment is envisioned, containing residential, retail, restaurants, and office space. Land uses will be integrated physically and functionally, by placing complementary uses adjacent to each other or above and below each other vertically. A portion of the Sanders -Main Street alignment sits along the eastern one-third of the subject parcel and will not be disrupted by the proposed Maser Plan amendments. While a narrow sliver of C -3 commercial zoning would be replaced by R-3 residential zoning, this change would help accommodate a higher density residential project which is also envisioned as part of the Main Street environment.

 Main Street Undercrossing of Shaw Avenue: The north end of Sanders-Main Street will be connected to the south end by a grade -separated crossing under Shaw Avenue. Vehicles traveling on Shaw will not be able to able to turn directly onto Sanders-Main Street because Sanders will be below grade at the intersection. Therefore, drivers will make use of a frontage road and the streets on either side of Sanders, including Marengo Avenue, to access Main Street. The portion of Marengo necessary to make this connection is not affected by the proposed amendments and will be retained to ensure the functionality of the Sanders-Main Street undercrossing.

 Trails: Trail alignments are planned along the Sanders -Main Street alignment, connecting the park space at the north end of the Master Plan with the Loma Vista Market Place just south of Shaw Avenue and the Loma Vista Village Green beyond. No trail alignments will be affected by the elimination of Marengo Avenue.

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 Gateways: Six enhanced com munity gateways are featured within the Master Plan at intersections along DeWolf and Leonard Avenues. Gateways are characterized by intensified landscape and hardscape treatment at a comfortable pedestrian scale. These unique entrances are intended to est ablish a sense of place and arrival. The subject property does not have frontage along DeWolf or Leonard Avenues and no gateway locations will be affected by the elimination of Marengo Avenue.

 Residential Development Standards : Design and development stan dards for both single and multi -family development are included in the Master Plan, and the City’s adopted residential objective standards will continue to apply. The project does not propose changes to any development standards.

Amendments to the Master Plan

The Master Plan adopted by the Council in 2009 establishes provisions for subsequent amendments, including minor amendments, which can be approved administratively by staff, and major amendments, which require approval through the rezoning process. The amendments contemplated through the project currently under consideration fall under the major amendment category. In the staff analysis included with the original adoption of the Master Plan, staff noted “that as the project moves through development, there are going to be details that will require changes to the Master Plan Document.” Thus far, at least five major amendments have been approved to facilitate development within the Master Plan boundaries, as summarized below.

The Master Plan amendments c urrently under consideration are similar in nature and scale to the previously approved amendments.

 In 2015, an application by Wilson Development was approved to modify the Master Plan by adding nearly 2 acres to Community Center North, modifying the trail standards to accommodate a 26’ wide paseo, modifying the street section to allow for back -on development on San Jose Avenue, allowing and establishing standards for private street sections specific to Planning Area 3, and modifying development standa rds for single family residential lots within Planning Area 3.

 In 2017, an application by Westgate Construction was approved to amend the development standards of Planning Area 4 to allow drive-up and drive-through restaurants for approximately 16 acres o f property on the north side of Shaw Avenue, between De Wolf and Leonard Avenues.

 In 2017, an application by Wilson Development was approved to amend the Master Plan to modify the Circulation Plan and Planning Areas #7, #8 and #9, and create two new Planning Areas within the Loma Vista Community Center South with accompanying reclassifications to the R-3 and R-4 zone Districts.

 In 2017, an application initiated by the City of Clovis was approved to amend the circulation features of the Master Plan south of Shaw Avenue to eliminate curvilinear streets in favor of a conventional rectangular grid.
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 In 2018, an application by Wilson Development was approved to amend the Master Plan to modify the development standards (setbacks/parking) of Planning #8A.

Review and Comments from Agencies

The project was distributed to all City Divisions as well as outside agencies, including Cal Trans, Clovis Unified School District, Fresno Irrigation District, Fresno Metropolitan Flood Control District, AT&T, PG&E, San Joaq uin Valley Air Pollution Control District, and the State Department of Fish and Wildlife. No comments were received relative to the proposed amendments to the Master Plan.

Public Comments

No public comments or inquiries have been received regarding this Project as of the publication of the staff report.

Public notice of this project was published in The Business Journal on June 8, 2022.

Planning Commission Consideration

The Planning Commission considered the proposed project at its May 26, 2022, meeting at which time the Commission recommended approval 3 -0-2, with Commissioner Bedstead and Chair Hinkle absent. No public testimony was offered, and the Commission did not ha ve any questions relative to the project.

California Environmental Quality Act (CEQA)

The City has determined that no additional environmental review is required for this Project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183. CEQA Guidelines Section 15183 mandates that projects with the development density established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified shall not require additional envi ronmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.

The proposed amendments to the Master Plan have been determined to be consistent with the Loma Vista Specific Plan and the Environmental Impact Report (EIR) certified for the Loma Vista Specific Plan in February 2003. No changes to the Specific Plan are required. The EIR accounted for approximately 1,375,407 square feet of commercial development an d more than 3,000 dwelling units within the community centers of the Loma Vista Urban Center. The minor changes proposed in conjunction with the Project would not result in changes to the conclusions reached in the EIR, and no impacts peculiar to the Project have been identified.

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AGENDA ITEM NO. 19.

REASON FOR RECOMMENDATION
The proposed amendments to the Loma Vista Community Centers North and South Master Plan will facilitate the development of a residential project consistent with the intent of the Master Plan. The Project is consistent with the General Plan and Loma Vista Specific Plan. Key design features of the Master Plan will be retained with the proposed amen dments, allowing a future project to move forward in conformance with the adopted design and development criteria. No negative effects have been identified as resulting from the proposal.

ACTIONS FOLLOWING APPROVAL
If the proposed Master Plan amendments a re approved, the applicant intends to proceed with developing final project design documents based on the configuration of the parcel without Marengo Avenue.

Prepared by: Dave Merchen, City Planner

Reviewed by: City Manager JH
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AGENDA ITEM NO. 19.

Attachment 1

ORDINANCE 22-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING AND

CHANGING THE OFFICIAL ZONE MAP OF THE CITY OF CLOVIS IN ACCORDANCE WITH SECTION 9.08.020 AND 9.86.010 OF THE CLOVIS MUNICIPAL CODE TO AMEND

THE LOMA VISTA COMMUNITY CENTERS NORTH AND SOUTH MASTER PLAN TO

MODIFY THE STREET LAYOUT AND ZONE DISTRICT BOUNDARIES IN PLANNING AREAS 1 AND 2 AND FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15183 OF THE CEQA GUIDELINES

LEGAL DESCRIPTION:

See Attachment A.

WHEREAS, Wathen Castanos Homes has submitted an application (R2008 -07A3) to amend the Loma Vista Community Centers North and South Master Plan (Master Plan) to remove the planned local street identified as Marengo Avenue within Planning Area 1 and Planning Area 2 and to adjust the underlying R-3 (Medium Density-Multifamily Residential) Zone District to reflect the modified circulation layout; and

WHEREAS, the proposed amendments to the Master Plan will facilitate development as envisioned within the Master Plan by preparing the site for a future residential development project; and

WHEREAS, the Planning Commission held a duly noticed hearing on May 26, 2022, to consider the project, at which time interested persons were given the opportunity to comment on the project; and

WHEREAS, the Planning Commission voted and recommended that the City Council approve Rezone R2008-007A3; and

WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and

WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on June 8, 2022, mailed public notices to property owners within 600 feet of the Property ten (10) days prior to the City Council hearing, and otherwise posted notice of the pub lic hearing according to applicable law; and

WHEREAS, the City Council considered the CEQA analysis outlined in the staff report and elsewhere in the Administrative Record which determine d that no additional environmental review is required for this Proje ct pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183; and

WHEREAS, a duly noticed hearing was held on June 20, 2022, and

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AGENDA ITEM NO. 19.

WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an inf ormed decision, including, but not necessarily limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing.

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

1. The proposed Project is consistent with the goals, policies, and actions of the General Plan and the Loma Vista Specific Plan.

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

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

4. The City Council finds that no additional environmental review is required for the Project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183.

5. The basis for the findings is detailed in the June 20, 2022 staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLOVIS DOES ORDAIN AS FOLLOWS:

Section 1 The Official Map of the City is amended in accordance with Section 9.08.020 and Chapter 9.86 of the Clovis Municipal Code by rezoning certain land in the City of Clovis, County of Fresno, State of California, to wit:

LEGAL DESCRIPTION:

See the attached Attachment A.

From the C-3 (Central Trading) and Unclassified Zone Districts to the R-3 (Medium Density- Multiple Family) Zone District.

Section 2 This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.

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AGENDA ITEM NO. 19.

APPROVED: June 20, 2022

___________________________________ __________________________________ Mayor City Clerk

* * * * * * * * * *

The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on June 20, 2022 and was adopted at a regular meeting of said Council held on July 5, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

________________________________
City Clerk

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AGENDA ITEM NO. 19.

ATTACHMENT A

LEGAL DESCRIPTION

The land referred to herein is situated in the City of Clovis, County of Fresno, State of California and described as follows:

That portion of Parcel 4 of Parcel Map No. 3033 per the Parcel Map recorded May 20, 1976 in Book 20 of Parcel Maps, at Page 52, Fresno County Records, more particularly described as follows:

Commencing at the Northwest corner of said Parcel 4;
Thence along the North line of said Parcel 4, North 89°44’05” East for a distance of 300.00 feet to the True Point of Beginning;
Thence continuing along the North line of said Parcel 4, North 89°44’05” East for a distance of 160.00 feet;
Thence leaving the North line of said Parcel 4, South 00°27’59” East for a distance of 661.10 feet to the North line of Parcel 3 of said Parcel Map;
Thence along the North line of Parcel 2 and Parcel 3 of said Parcel Map, South 89°42’56” West for a distance of 160.00 feet;
Thence leaving the North line of said Parcel 2, North 00°27’59” West for a distance of 661.25 feet to the True Point of Beginning.

Containing an approximate area of 2.43 acres, more or less.

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AGENDA ITEM NO. 19.

Loma Vista Community Centers North and South Master Plan Location & Planning Areas
ATTACHMENT 2
Attachment 2
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AGENDA ITEM NO. 19.

TO: Mayor and City Council
FROM: Administration
DATE: June 20, 2022
SUBJECT: Consider Approval – Res. 22-___, Approving various actions required to conduct the November 8, 2022, General Municipal Election:
a. Calling and giving notice of the November 8, 2022, General Municipal Election for the purpose of electing three (3) members of the City Council for the terms of four (4) years through November 2026; and b. Requesting t o Consolidate the General Municipal Election with the Statewide General Election; and authorizing the Fresno County Elections Division to conduct the November 2022 Election; and c. Establishing Conditions for the filing of Candidates’ Statements.

Staff: Karey Cha, City Clerk
Recommendation: Approve
ATTACHMENTS: 1. Res. 22-___

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve Res. 22-___, approving various actions required to conduct the November 2022 General Municipal Election for the purpose of electing three (3) members of the City Council for the terms of four (4) years through November 2026.

EXECUTIVE SUMMARY
On November 8, 2022 , an election will be held in the City of Clovis for three (3) City Council seats. The Elections Code requires several things to occur for a successful municipal election.

Approval of staff’s recommendations and the attached resolution will call and notice the election; request the General Municipal Election be consolidated with the Statewide General Election to be held on the same day and to authorize the Fresno County Elections Division to conduct the election; and establish conditions for filing candidate statements. 245
AGENDA ITEM NO. 20.

Following the enactment of Senate Bill (SB) 415 in 2016, the City Council approved an ordinance in 2017 that changed the regular municipal election dates from March of odd years to November of even years beginning 2022 to comply with SB 415. This upcoming November 2022 election will be the City’s first “on-cycle” election to be consolidated with the Statewide General Election, and t he standard City Council four (4) year term will commence with the November 2022 Election.

BACKGROUND

1. Calling and Giving Notice of the Election; Nomination Period

Pursuant to Elections Code section 12101, the 2022 General Municipal Election must be called prior to the opening of the nomination period. The Notice of Election that lists the time and date of the election and the offices to be filled must be published no sooner than July 4, 2022, and no later than July 18, 2022.

The nomination period for the November Election on November 8, 2022, opens on July 18, 2022, and closes on August 12, 2022 . However, if an incumbent does not seek re -election, the nomination period is extended five (5) days. Therefore, if Councilmembers Bessinger and Whalen, or Mayor Flores do not file by August 12, 2022, for re-election, the nomination period would be extended five (5) days to August 17, 2022.

2. Requesting to Consolidate the General Municipal Election with the Statewide General Election

Pursuant to SB 415, a city is prohibited from holding a general municipal election on any date other than the statewide election date to prevent a voter turnout of below average. Pursuant to Elections Code section 10403, subdivision (a), the City requests to consolidate its General Municipal Election with the Statewide General Election on November 8, 2022.

3. Authorizing the Fresno County Elections Division to Conduct the Election

The Fresno County Elections Division is the Registrar of Voters in Fresno County and is well versed and capable of conducting the election. Staff recommends Council authorize the Fresno County Elections Division to conduct the municipal election as authorized by Elections Code section 10002. The Fresno County Elections Division conducted the municipal elections in 2009, 2017, 2019 , and 2021 without incident , while t he elections of 2011, 2013, and 2015 were cancelled as only the incumbents had been nominated.

City acknowledges that the Election will be conducted by the Fresno County Elections Division in accordance with Elections Code section 10418 . And purs uant to Elections Code section 10002, the City is required to reimburse the County of Fresno in full for the Election services performed upon the County’s presentation of a bill to City.

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AGENDA ITEM NO. 20.

4. Establishing Conditions for Filing Candidate Statements

Elections Code section 13307 provides that Council must establish the conditions for filing candidate statements prior to the City’s filing for the November 2022 Election. These conditions include setting a word-limit of two hundred (200) words per statement and requiring candidates to make a pre -payment to the County at the time the candidate files the nomination papers, which includes the cost of printing , handling, and translating the candidate’s statement to required foreign languages. These conditions will help limit the size of the sample ballot pamphlet and reduce the cost that the City will have to repay the County for.

FISCAL IMPACT
The City incurs a cost every other year to conduct an election. The estimated cost to conduct the regularly scheduled election will be budgeted and accounted for in the 2022-23 budget. Staff is estimating the total cost for the November Election to be no more than one hundred thousand dollars ($100,000.00). While it is possible that additional costs may be incurred with the general Transient Occupancy Tax measure to be placed on the November Election ballot, staff will return to Council with a budget amendment request.

REASON FOR RECOMMENDATION
To conduct the 2022 General Municipal Election, the City Clerk’s Office must act in accordance with provisions of the elections law relating to general law cities in the State of California.

ACTIONS FOLLOWING APPROVAL
After Council approv es the resolution , the City Clerk will cooperate with and provide the necessary materials to the Fresno County Elections Division to conduct the General Municipal Election in accordance with state law.

Prepared by: Karey Cha, City Clerk

Reviewed by: City Manager JH
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AGENDA ITEM NO. 20.

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Clovis City CouncilJune 20, 2022

Clovis City Council
June 20, 2022