Agenda packet — Clovis City Council, April 10, 2023

April 10, 2023 - 1 - 5:24 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

April 10, 2023 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 April 10, 2023 - 2 - 5:24 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 and mic 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 you r comments 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 w anting to make a verbal comment via call will need to ensure that they accessed the WebEx meeting with audio and microphone transmission capabilities.

CALL TO ORDER

FLAG SALUTE - Councilmember Basgall

ROLL CALL

PRESENTATIONS/PROCLAMATIONS

1. Presentation by Executive Director of Youth Voice Impact, Inc. Yasmine Creese-Brown on the Youth Empowered Affordable Housing Summit to be held at California State University Fresno on April 21 / 22, 2023.

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 w ishing 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 read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.
2 April 10, 2023 - 3 - 5:24 PM CONSENT CALENDAR - Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are deemed to in clude 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.

2. Administration - Approval - Minutes from the April 3, 2023, Council Meeting.

3. Finance – Receive and File – Investment Report for the Month of November 2022.

4. Finance – Receive and File – Treasurer’s Report for the Month of November 2022.

5. General Services – Approval – Res. 23 -___, Amending the City’s FY 2022 -2023 Position Allocation Plan by adding five (5) full time Utility Worker positions to convert five (5) extra help budgeted Utility Workers within the Public Utilities Department.

6. General Services – Approval – Res. 23-___, Authorizing the City Manager to Execute and File Applications, Certifications and Assurances, and Grant and Cooperative Agreements with the Federal Transit Administration.

7. Planning and Development Services – Approval – Final Acceptance for CIP 15 -13, Landfill Left Turn Lane.

8. Public Utilities – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of a 2024 Ford F750 Super Duty Truck from Future Ford of Clovis in the amount of $97,268.98.

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

9. Receive and File – Water and Sewer Major Facilities Workshop.

Staff: Mike Harrison, City Engineer / Paul Armendariz, Assistant Public Utilities Director
Recommendation: Receive and File

10. Consider – A request from the Clovis Unified School District Board for the City of Clovis to temporarily provide water and sewer services to the future Terry Bradley Educational Center, located between Leonard and Highland Avenues north of McKinley Avenue, in unincorporated Fresno County and within the City of Fresno’s sphere of influence.

Staff: Paul Armendariz, Assistant Public Utilities Director Recommendation: Consider

COUNCIL ITEMS

11. Consider Approval – Change of Council Meeting Schedule.

Staff: John Holt, City Manager
Recommendation: Approve

3 April 10, 2023 - 4 - 5:24 PM

12. Consider Approval – To submit a letter of Opposition for Assembly Bill 595 – Essayli - Animal Shelters: 72-Hour Public Notice: Euthanasia: Study.

Staff: John Holt, City Manager
Recommendation: Approve

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.

13. Government Code Section 54956.9(d)(4)
Conference with legal counsel – anticipated litigation
Deciding whether to initiate litigation
One potential case

ADJOURNMENT

FUTURE MEETINGS

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

Apr. 14, 2023 (Fri.) Special Meeting
Apr. 17, 2023 (Mon.) To Be Cancelled
May 1, 2023 (Mon.)
May 8, 2023 (Mon.)
May 15, 2023 (Mon.)

4 PRELIMINARY - SUBJECT TO APPROVAL

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CLOVIS CITY COUNCIL MEETING

April 3, 2023 6:00 P.M. Council Chamber

Meeting called to order by Mayor Ashbeck
Flag Salute led by Councilmember Pearce

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

PRESENTATION – 6:02

6:02 ITEM 1 - PRESENTATION OF PROC LAMATION DECLARING APRIL AS COMMUNITY COLLEGE MONTH.

PUBLIC COMMENTS – 6:08

Nathan Inan, resident, shared concerns regarding a transition home in his neighborhood near Freedom Elementary.

Jessica Brough, resident, shared concerns regarding a transition home in his neighborhood near Freedom Elementary.

June Vehn, resident, shared concerns regarding a transition home in his neighborhood near Freedom Elementary.

Eric Vehn, resident, shared concerns regarding a transition home in his neighborhood near Freedom Elementary.

Charlene Tringali, resident, shared concerns regarding a transition home in his neighborhood near Freedom Elementary.

Erica Inan, resident, shared concerns regarding a t ransition home in his neighborhood near Freedom Elementary.

CONSENT CALENDAR – 6:33

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

2. Administration - Approved - Minutes from the March 20, 2023, Council Meeting.

3. Fire - Received and Filed – 2022 Fire Department Annual Report. 5 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

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4. General Services – Approved – Res. 23-22, Amending the City’s FY 2022 -2023 Position Allocation Plan by delet ing one (1) Principal Office Assistant and adding one (1) Staff Analyst position within the Public Utilities Department.

5. General Services – Approved – Contract Award to Compass Energy Solutions to Implement Energy Efficiency Projects for $962,625; and Approved - Res. 23-23, Authorizing a Loan Application through the California Energy Commission for Project Funding.

6. General Services – Approved – Res. 23-24, Authorizing the General Services Manager to Apply for and Administer the Public Benefit Grants Program – New Alternative Fuel Vehicle Purchase Through San Joaquin Valley Air Pollution Control District.

7. Planning and Development Services – Approved – Final Acceptance for CIP 19 -15, Gettysburg/Norwich Alley Reconstruction – Villa Avenue to Gettysburg Avenue.

ADMINISTRATIVE ITEMS – 6:35

6:35 ITEM 8 - CONSIDERED – FOR THE CITY COUNCIL TO CONSIDER OPTIONS TO SEEK ADDITIONAL FUNDING FOR POLICE, FIRE, STREETS, AND PARKS.

It was the consensus of the City Council to direct staff to include funding for a consultant in the 2023/24 Budget to evaluate funding options and return for Council consideration.

7:01 ITEM 9 - CONSIDERED – A REQUEST FROM TH E 500 CLUB LOCATED A T 771 W SHAW AVE, CLOVIS, CA 93612, TO HAVE THE CITY CALL A SPECIAL ELECTION ON NOVEMBER 7, 2023, TO PLACE ON THE BALLOT FOR VOTER S TO CONSIDER AN INCREASE IN THE NUMBER OF ALLOWED GAMING TABLES FROM 20 TO 51.

Jarhett Blonien, 500 Club Representative , provided comments on the request and requested the item be brought back for Council consider ation after pending legislation is analyzed.

It was the consensus of the City Council to support the expansion and to return to Council for consideration if the 500 Club chose to pursue an election at the expense of the 500 Club.

7:21 ITEM 10 - RECEIVED AND FILED – GENERAL SERVICES DEPARTMENT UPDATE.

COUNCIL ITEMS – 7:42

7:42 ITEM 11 - APPROVED – TO SUBMIT A LETTER OF OPPOSITION FOR ASSEMBLY BILL 742– JACKSON, LIMITING THE USE OF POLICE CANINES.

It was the consensus of the City Council to submit a letter of opposition for Assembly Bill 742.

7:45 ITEM 12 – APPROVED – TO SUBMIT A LETTER OF SUPPORT FOR ASS EMBLY BILL 1067– GAVIN’S LAW (HIT-AND-RUN PENALTIES).
6 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

Page 3 of 3 ends

It was the consensus of the City Council to submit a letter of support for Assembly Bill 1067.

7:46 ITEM 13 – APPROVED – TO SUBMIT A LETTER OF SUPPORT FOR ASS EMBLY BILL 1708 – MURATSUCHI, A MENDING PROPOSITION 47 TO INCREASE ACCOUNTABILITY FOR REPEAT THEFT OFFENDERS.

It was the consensus of the City Council to submit a letter of support for Assembly Bill 1708.

CITY MANAGER COMMENTS – 7:47

COUNCIL COMMENTS – 7:47

It was the consensus of the City Council to reconsider on a future agenda A request to amend the General Plan to re-designate approximately 1.04 acres of land located on the north side of Alluvial Avenue, between Sunnyside and Fordham Avenues from the Low Density Residential (2.1 -4.0 DU/Ac) classification to the Medium High (7.1-15.0 DU/Ac) classification that was denied without prejudice at the March 6, 2023 Council Meeting.

CLOSED SESSION – 8:01

14 GOVERNMENT CODE SECT ION 54956.9(D)(2) CONFERENCE WITH LEG AL

COUNSEL - ANTICIPATED LITIGATION SIGNIFI CANT EXPOSURE TO LIT IGATION

THREE POTENTIAL CASE S BASED ON CLAIMS RE CEIVED FOR THE SUNNY SIDE

AVENUE WATER MAIN BREAK AND PROPERTY FLOODING INCIDENT ON JANUARY 3, 2022.

No action was taken by the City Council during the closed session.

Mayor Ashbeck adjourned the meeting of the Council to April 10, 2023

Meeting adjourned: 8:12 p.m.

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

TO: Mayor and City Council
FROM: Finance Department
DATE: April 10, 2023
SUBJECT: Finance – Receive and File – Investment Report for the Month of November 2022.

ATTACHMENTS: 1. Distribution of Investments

2. Monthly Investment Transactions

3. Certificates of Deposit

4. Municipal Securities

5. Graph of November 30, 2022 Treasury Rates

CONFLICT OF INTEREST
Councilmembers should consider recusal if a campaign contribution exceeding $250 has been received from the project proponent (developer, applicant, agent, and/or participants) since January 1, 2023 (Government Code 84308).

EXECUTIVE SUMMARY
Attached is the Investment Report for the month of November 2022. Shown in Attachment 1 is the distribution of investments which lists all the individual securities owned by the City with the book and market values. Book value is the actual price paid for the investment. Market value is the amount that the inves tment is worth if sold in the open market. The market value (which fluctuates daily) that is used in the report is as of the last working day of the month. Attachment 2 reflects the monthly investment transactions for the month of November 2022. Attachment 3 lists the certificates of deposit. Attachment 4 lists the municipal securities. Attachment 5 is a graph of Treasury rates on November 30, 2022.

The investment of the City’s funds is performed in accordance with the adopted Investment Policy. Funds are invested with the following objectives in mind:

1. Assets are invested in adherence with the safeguards and diversity of a prudent investor.

2. The portfolio is invested in a manner consistent with the primary emphasis on preservation of the principa l, while attaining a high rate of return consistent with this guideline. Trading of securities for the sole purpose of realizing trading profits is prohibited.

8 AGENDA ITEM NO. 3.

3. Sufficient liquidity is maintained to provide a source for anticipated financial obligations as they become due.

4. Investments may be made, consistent with the Investment Policy Guidelines, in fixed income securities maturing in three years or less and can be extended to five years with the City Manager’s approval.

The Finance Department invests the City’s assets with an expectation of achieving a total rate of return at a level that exceeds the annualized rate of return on short -term government guaranteed or insured obligations (90 -day Treasury bills) and to assure that the principal is preserved with minimal risk of depreciation or loss. In periods of rising interest rates, the City of Clovis portfolio return may be less than that of the annualized 90 -day Treasury bill. In periods of decreasing interest rates, the City of Clovis portfolio return may be greater than the annualized 90-day Treasury bill. The current 90 -day Treasury bill rate (annualized) is 1.48%. The rate of return for the City of Clovis portfolio is 2.19%. The goal for the City of Clovis investment return is 120% of the 90-day Treasury bill rate. The current rate of return is 1 48% of the Treasury bill rate.

In accordance with the Investment Policy, the investment period on each investment does not exceed three years and can be extended to five years with the City Manager ’s approval. As of November 2022, the average investment life of the City’s investment portfolio is 1.60 years.

Current Investment Environment and Philosophy
During the month of November 2022, the federal funds rate increased to 3.75%-4.00%. On November 30, 2022, the Treasury yield curve increased from 3 -month to 6-month notes, then decreased to 10-year notes.

Certificates of Deposit (CD’s)
The City purchases both negotiable and non-negotiable Certificates of Deposit (CD’s). Although negotiable CD’s can be traded, it is the City’s policy to buy and hold all CD’s. Negotiable CD’s are held by U.S. Bank, a third party custodian. Non-negotiable CD’s are held in the City’s safe.

Purchases and Maturities
• 2 government securities totaling $2,735,000 were purchased. • 0 government securities were called or matured.
• 4 certificates of deposit totaling $1,000,000 were purchased. • 1 certificate of deposit totaling $250,000 matured.
• 7 municipal securities totaling $3,780,000 were purchased.

Market Environment
• During November the federal funds rate increased to 3.75%-4.00%. • On November 30 , the yield curve increased from 3 -month to 6-month notes, then decreased to 10-year notes. See Attachment 5, Graph of Treasury Rates on November 30, 2022.

Prepared by: Jeffrey Blanks, Deputy Finance Director
Reviewed by: City Manager AH
9 AGENDA ITEM NO. 3.

STATED

DAYS TO

MATURITY

NET BOOK MARKET YIELD TO INTEREST INVEST MATURIT Y FROM COST VALUE VALUE * MATURIT Y RATE DATE DATE 11/30/2022

GOV'T SECURITIES
FHLB 8,045,600 8,014,455 6,496,945 1.875% 1.875% 12/19/19 12/09/22 9 FHLB 5,047,500 5,015,560 6,496,945 1.875% 1.875% 01/23/20 12/09/22 9 FAMCMTN 8,544,965 8,517,404 8,439,820 1.350% 1.350% 02/27/20 02/27/23 89 FHLB 5,255,000 5,106,310 4,981,223 2.125% 2.125% 03/26/20 03/10/23 100 FHLB 13,579,800 13,233,882 12,909,697 2.125% 2.125% 04/30/20 03/10/23 100 FFCB 5,000,000 5,000,000 4,717,150 0.250% 0.250% 03/01/21 03/01/24 457 FHLB 4,998,000 4,998,321 4,906,600 3.250% 3.250% 08/17/22 03/08/24 464 FHLB 1,994,000 1,995,012 1,972,440 3.625% 3.625% 09/14/22 03/08/24 464 FFCB 1,999,000 1,999,258 1,888,780 0.300% 0.300% 03/24/21 03/18/24 474 FHLB 5,000,000 5,000,000 4,670,050 0.350% 0.350% 06/07/21 06/07/24 555 FHLB 941,770 941,770 938,480 0.700% 0.700% 11/17/22 06/24/24 572 FHLB 4,969,000 4,975,169 4,659,300 1.050% 1.050% 01/20/22 11/15/24 716 FHLB 1,595,506 1,595,506 1,599,202 0.500% 0.500% 11/16/22 12/30/24 761 FHLB 3,980,000 3,983,740 3,749,360 1.750% 1.750% 02/28/22 02/28/25 821 FHLB 4,000,000 4,000,000 3,818,000 2.750% 2.750% 04/25/22 04/25/25 877 FAMCMTN 3,947,600 3,956,650 3,655,280 0.750% 0.750% 12/16/21 07/28/25 971 FHLB 5,000,000 5,000,000 4,909,750 3.600% 3.600% 08/30/22 08/28/25 1,002 FAMCMTN 4,948,500 4,956,740 4,537,700 0.600% 0.600% 10/14/21 09/08/25 1,013 FHLB 4,963,000 4,968,743 4,433,650 0.580% 0.580% 09/08/21 02/11/26 1,169 FHLB 3,922,000 3,933,616 3,562,960 0.750% 0.750% 12/16/21 02/24/26 1,182 FFCB 4,967,500 4,971,593 4,388,200 0.940% 0.940% 10/14/21 09/28/26 1,398 FHLB 3,649,200 3,649,200 3,563,720 1.150% 1.150% 06/29/22 10/28/26 1,428 FHLB 5,988,000 5,989,499 5,330,220 1.250% 1.250% 11/24/21 11/24/26 1,455 FHLB 5,127,757 5,113,093 4,639,050 2.125% 2.125% 01/20/22 12/11/26 1,472 FHLB 4,043,250 4,043,250 4,163,185 1.020% 1.020% 06/29/22 02/24/27 1,547 FHLB 4,550,000 4,574,856 4,163,185 1.020% 1.020% 08/17/22 02/24/27 1,547 FHLB 3,695,200 3,730,049 3,494,640 0.900% 0.900% 03/31/22 02/26/27 1,549 FHLB 4,000,000 4,000,000 3,683,600 2.375% 2.375% 03/08/22 03/08/27 1,559 SECURITIES TOTAL 133,752,148$ 133,263,676 $ $126,769,132 LAIF 74,905,243$ 74,905,243 $
Municipal Issuance 51,805,000$ 47,365,936 $
Sweep Account (Union Bank) 20,638,225$ 20,638,225 $ TOTAL CD'S 19,245,000$ 18,599,372 $
TOTAL INVESTMENTS 299,857,144$ 288,277,908 $
* Market values for securities obtained from US Bank.

City of Clovis
Distribution of Investments
As of November 30, 2022
ATTACHMENT 1
10 AGENDA ITEM NO. 3.

Activity Maturity
Institution Description Activity Amount Market Value Rate Date Date FHLB Gov. Sec. Purchase 1,000,000 941,770 0.700% 11/17/22 06/24/24 FHLB Gov. Sec. Purchase 1,735,000 1,595,506 0.500% 11/16/22 12/30/24 Colton CA Jt Uni Sch Mun Iss. Purchase 1,060,000 1,060,000 1.603% 11/17/22 08/01/27 Fremont CA Uni Sch Dist Mun Iss. Purchase 1,100,000 1,100,000 1.113% 11/17/22 08/01/27 Marin CA Cmnty Clg Dist Mun Iss. Purchase 335,000 335,000 3.330% 11/17/22 08/01/27 Mount San Antonio Cmnty Clg Mun Iss. Purchase 285,000 285,000 1.139% 11/17/22 08/01/27 Sierra CA Cmnty Clg Dist Mun Iss. Purchase 465,000 465,000 1.129% 11/17/22 08/01/27 William Hart CA Un High Mun Iss. Purchase 200,000 200,000 1.174% 11/17/22 08/01/27 Rancho Santiago Cmnty Clg Mun Iss. Purchase 335,000 335,000 1.106% 11/17/22 09/01/27 United Heritage Cr Un CD Purchase 250,000 250,000 4.700% 11/04/22 11/04/25 Capital One Natl Assn CD Purchase 250,000 250,000 4.900% 11/16/22 11/17/25 Morgan Stanley Bank CD Purchase 250,000 250,000 5.000% 11/18/22 11/18/25 Spokane Teachers Cr Un CD Purchase 250,000 250,000 5.000% 11/23/22 11/23/25 Lafayette Fed Cr CD Maturity 250,000 250,000 1.700% 11/22/22 11/22/22

PORTFOLIO DATA
Current Month (11/22)
Book Market
CD'S 19,245,000 $ 18,599,372 $
Gov't Securities* 133,263,676 126,769,132
Municipal Securities 51,805,000 47,365,936
LAIF 74,905,243 74,905,243
Sweep Account (Union Bank) 20,638,225 20,638,225
TOTAL 299,857,144 $ 288,277,908 $
Prior Month (10/22)
Three Months Previous (08/22)
Book Market Book Market
CD'S 18,495,000 $ 17,880,661 $ CD'S 13,995,000 $ 13,709,007 $ Gov't Securities* 130,726,400 123,301,840 Gov't Securities* 142,778,996 137,433,765 Municipal Securities 48,025,000 43,617,521 Municipal Securities 35,755,000 33,346,444 LAIF 74,905,243 74,905,243 LAIF 74,651,233 74,651,233
Sweep Account (Union Bank) 29,977,956 29,977,956 Sweep Account (Union Bank) 33,471,209 33,471,209 TOTAL 302,129,599 $ 289,683,221 $ TOTAL 300,651,438 $ 292,611,658 $ Six Months Previous (05/22)
One Year Previous (11/21)
Book Market Book Market
CD'S 11,995,000 $ 11,776,587 $ CD'S 10,235,000 $ 10,305,263 $ Gov't Securities* 135,597,608 132,028,260 Gov't Securities* 131,539,804 131,745,725 Municipal Securities 21,435,000 20,246,488 Municipal Securities 9,025,000 8,890,629 LAIF 74,511,731 74,511,731 LAIF 74,410,223 74,410,223
Sweep Account (Union Bank) 53,520,514 53,520,514 Sweep Account (Union Bank) 26,143,386 26,143,386 TOTAL 297,059,853 $ 292,083,580 $ TOTAL 251,353,413 $ 251,495,226 $ *Adjusted Quarterly for Premium/Discount Amortization
As of November 30, 2022
Monthly Investment Transactions
City of Clovis
ATTACHMENT 2
11 AGENDA ITEM NO. 3.

MARKET INTEREST INVEST MATURITY MATURITY FROM INTEREST
Negotiable CDs COST PRICE RATE DATE DATE 11/30/22 FREQUENCY Live Oak Banking Co. 250,000 249,842.50 1.750% 12/11/19 12/12/22 12 QUARTERLY Wells Fargo Natl Bk West 250,000 249,835.00 1.800% 12/13/19 12/13/22 13 QUARTERLY Valley Cent Svgs Bk 250,000 249,345.00 1.700% 01/15/20 01/17/23 48 QUARTERLY Sallie Mae Bank 250,000 249,305.00 1.900% 01/23/20 01/23/23 54 QUARTERLY Servisfirst Bank 250,000 248,670.00 1.600% 02/21/20 02/21/23 83 MONTHLY Celtic Bank 250,000 248,180.00 1.550% 03/13/20 03/13/23 103 MONTHLY Axos Bank 250,000 247,872.50 1.550% 03/26/20 03/27/23 117 MONTHLY Nicolet Natl Bank 250,000 247,470.00 0.900% 03/27/20 03/27/23 117 MONTHLY Centerstate Bank 250,000 247,277.50 0.900% 03/30/20 03/30/23 120 MONTHLY Bank Leumi 250,000 247,702.50 1.450% 03/31/20 03/31/23 121 MONTHLY Discover Bank 250,000 247,645.00 1.350% 04/02/20 04/03/23 124 MONTHLY Berkshire Bank 250,000 247,432.50 1.300% 04/08/20 04/06/23 127 MONTHLY American Express 250,000 246,865.00 1.100% 04/21/20 04/21/23 142 MONTHLY New York Cmnty Bank 250,000 238,920.00 0.350% 12/11/20 12/11/23 376 QUARTERLY Transportation Alliance Bk 250,000 235,755.00 0.250% 03/12/21 03/12/24 468 QUARTERLY Preferred Bank 250,000 235,355.00 0.250% 03/25/21 03/25/24 481 QUARTERLY Bankunited Natl Assn 245,000 231,066.85 0.450% 03/31/21 04/01/24 488 QUARTERLY Greenstate Credit Union 250,000 233,570.00 0.450% 06/16/21 06/17/24 565 QUARTERLY Eaglemark Savings Bank 250,000 233,132.50 0.400% 06/30/21 06/28/24 576 QUARTERLY Texas Exchange Bk 250,000 233,115.00 0.500% 07/09/21 07/09/24 587 QUARTERLY BMW Bk North Amer 250,000 232,837.50 0.550% 07/30/21 07/30/24 608 QUARTERLY Toyota Finl Svgs 250,000 232,165.00 0.650% 09/09/21 09/09/24 649 QUARTERLY State Bk India 250,000 231,942.50 0.650% 09/17/21 09/17/24 657 QUARTERLY Ubs Bank Usa 250,000 230,512.50 0.750% 11/17/21 11/18/24 719 QUARTERLY Webbank Salt Lake City 250,000 230,372.50 0.750% 11/29/21 11/29/24 730 QUARTERLY Medallion Bank Salt Lake City 250,000 230,395.00 0.900% 12/20/21 12/20/24 751 QUARTERLY Beal Bank 250,000 230,090.00 0.950% 01/19/22 01/15/25 777 QUARTERLY Mountian Amer Fed 250,000 242,232.50 3.450% 08/31/22 02/28/25 821 QUARTERLY Barclays Bk 250,000 232,875.00 1.700% 03/09/22 03/10/25 831 QUARTERLY Goldman Sachs Bk 250,000 232,607.50 1.650% 03/09/22 03/10/25 831 QUARTERLY Safra National Bk 250,000 234,230.00 2.000% 03/23/22 03/24/25 845 QUARTERLY Pentagon Federal Cr Un 250,000 234,010.00 2.000% 03/28/22 03/28/25 849 QUARTERLY Beal Bank 250,000 235,127.50 2.200% 04/06/22 04/02/25 854 QUARTERLY JP Morgan Chase 250,000 236,720.00 2.500% 04/08/22 04/08/25 860 QUARTERLY First Natl Bank 250,000 242,387.50 2.200% 04/12/22 04/11/25 863 QUARTERLY One Community Bank 250,000 237,437.50 2.700% 04/29/22 04/29/25 881 QUARTERLY Americu Credit Union 250,000 237,967.50 2.800% 05/02/22 05/02/25 884 QUARTERLY Synchrony Bank Retail 250,000 239,567. 50 3.100% 05/20/22 05/20/25 902 QUARTERLY Connexus Credit Union 250,000 238,810.00 3.000% 05/26/22 05/27/25 909 QUARTERLY Bmo Harris Bank 250,000 239,495.00 3.150% 06/17/22 06/17/25 930 QUARTERLY Saco Biddeford 250,000 237,697.50 2.850% 06/17/22 06/17/25 930 QUARTERLY Baxter Credit Union 250,000 250,000.00 3.400% 06/28/22 06/30/25 943 QUARTERLY Capital One Bank 250,000 240,647.50 3.350% 06/29/22 06/30/25 943 QUARTERLY American First Cr Un 250,000 239,812.50 3.250% 07/15/22 07/15/25 958 QUARTERLY Trustone Financial Cr Un 250,000 239,772. 50 3.250% 07/19/22 07/21/25 964 QUARTERLY American Natl Bank 250,000 238,752.50 3.100% 07/27/22 07/28/25 971 QUARTERLY TCM Bank 250,000 240,310.00 3.350% 07/28/22 07/28/25 971 QUARTERLY Generations Bank 250,000 240,587.50 3.400% 08/03/22 08/04/25 978 QUARTERLY Direct Fed Credit 250,000 240,127.50 3.500% 08/17/22 08/18/25 992 QUARTERLY Resource One Credit 250,000 239,810.00 3.300% 08/17/22 08/18/25 992 QUARTERLY Connext Credit 250,000 240,980.00 3.500% 08/31/22 08/29/25 1,003 QUARTERLY Skyone Fed Credit 250,000 241,600.00 3.600% 08/30/22 09/02/25 1,007 QUARTERLY Credit Union of Texas 250,000 241,575.00 3.600% 09/14/22 09/15/25 1,020 QUARTERLY Forbright Bank 250,000 240,850.00 3.500% 09/16/22 09/16/25 1,021 QUARTERLY Ally Bank Sandy Utah 250,000 244,430.00 4.050% 09/29/22 09/19/25 1,024 QUARTERLY Alabama Credit Union 250,000 241,457.50 3.600% 09/20/22 09/22/25 1,027 QUARTERLY Kemba Finl Credit Union 250,000 244,077.50 4.000% 09/21/22 09/22/25 1,027 QUARTERLY Farmers Merchants 250,000 242,392.50 3.750% 09/28/22 09/29/25 1,034 QUARTERLY Jefferson Finl FCU 250,000 245,032.50 4.150% 09/29/22 09/29/25 1,034 QUARTERLY Dort Finl Credit Union 250,000 244,040.00 4.000% 09/30/22 09/30/25 1,035 QUARTERLY First National Bank 250,000 234,887.50 3.625% 09/30/22 09/30/25 1,035 QUARTERLY Numerica Credit Union 250,000 246,017.50 4.200% 09/30/22 09/30/25 1,035 QUARTERLY Vystar Credit Union 250,000 246,347.50 4.350% 09/30/22 09/30/25 1,035 QUARTERLY Bell Bank Fargo 250,000 244,967.50 4.150% 10/13/22 10/14/25 1,049 QUARTERLY Pacific Alliance 250,000 245,302.50 4.200% 10/14/22 10/14/25 1,049 QUARTERLY 1st Financial Bank 250,000 244,967.50 4.150% 10/13/22 10/17/25 1,052 QUARTERLY Great Southern Bank 250,000 247,325.00 4.500% 10/20/22 10/20/25 1,055 QUARTERLY American Bank 250,000 246,305.00 4.350% 10/21/22 10/21/25 1,056 QUARTERLY Queensborough Natl Bank 250,000 245,612.50 4.100% 10/21/22 10/21/25 1,056 QUARTERLY Public Alliance Cr Un 250,000 247,282.50 4.500% 10/25/22 10/27/25 1,062 QUARTERLY First Citizens Bank 250,000 248,635.00 4.700% 10/28/22 10/28/25 1,063 QUARTERLY LCA Bank Corp 250,000 246,620.00 4.400% 10/28/22 10/28/25 1,063 QUARTERLY Sharonview Fed Cr Un 250,000 250,677.50 4.850% 10/31/22 10/31/25 1,066 QUARTERLY United Heritage Cr Un 250,000 248,965.00 4.700% 11/04/22 11/04/25 1,070 QUARTERLY Capital One Natl Assn 250,000 249,990.00 4.900% 11/16/22 11/17/25 1,083 QUARTERLY Morgan Stanley Bank 250,000 250,687.50 5.000% 11/18/22 11/18/25 1,084 QUARTERLY Spokane Teachers Cr Un 250,000 250,690.00 5.000% 11/23/22 11/23/25 1,089 QUARTERLY Negotiable CD TOTAL 19,245,000$ 18,599,372 $
CD TOTAL 19,245,000$ 18,599,372 $
City of Clovis
Certificates of Deposit
As of November 30, 2022
ATTACHMENT 3
12 AGENDA ITEM NO. 3.

MARKET INTEREST INVEST MATURITY MATURITY FROM INTEREST
Municipal Securities COST PRICE RATE DATE DATE 11/30/22 FREQUENCY Huntington Beach Pension Bond 1,000,000 975,540 0.381% 04/01/21 06/15/23 197 QUARTERLY Fresno Unified Taxable Go Ref Bond 500,000 485,320 0.462% 09/30/20 08/01/23 244 QUARTERLY Pomona Cali Uni Sch Dist Go Bond 815,000 791,447 0.534% 10/20/20 08/01/23 244 QUARTERLY San Jose CA USD Ref Bond 775,000 752,990 0.221% 01/20/21 08/01/23 244 QUARTERLY Vista CA USD Ref Bond 750,000 728,693 0.221% 01/20/21 08/01/23 244 QUARTERLY William Hart Cali HS Go Bond 1,000,000 972,480 0.366% 12/23/20 08/01/23 244 QUARTERLY Jefferson Cali Elem Sch Dist Go Bond 710,000 687,749 0.399% 10/27/20 09/01/23 275 QUARTERLY Santa Rosa Calif Watr Ref Bond 350,000 339,682 0.578% 12/01/20 09/01/23 275 QUARTERLY California St Univ Ref Bond 3,455,000 3,325,230 0.475% 04/01/22 11/01/23 336 QUARTERLY San Diego CA Convention Ref Bond 1,450,000 1,386,998 1.527% 08/18/22 04/15/24 502 QUARTERLY Santa Ana College Ref Bond 440,000 412,729 0.644% 12/17/21 08/01/24 610 QUARTERLY University CA Rev Bond 1,000,000 959,930 4.350% 09/15/22 05/15/25 897 QUARTERLY Antelope Valley CA Ref Bond 750,000 696,773 1.767% 05/12/22 08/01/25 975 QUARTERLY Chabot Las Positas Cmnty Clg Bond 1,490, 000 1,353,248 0.880% 04/29/22 08/01/25 975 QUARTERLY San Dieguito High School Ref Bond 1,000,000 927,590 1.661% 10/13/22 08/01/25 975 QUARTERLY Santa Ana CCD Ref Bond 250,000 226,258 0.744% 05/12/22 08/01/25 975 QUARTERLY Orange County Water Dist Ref Bond 900,000 843,957 2.095% 10/13/22 08/15/25 989 QUARTERLY San Jose CA Txble Ser B 2,355,000 2,222,790 2.450% 10/13/22 09/01/25 1,006 QUARTERLY Los Angeles CA USD Ref Bond 1,000,000 896,840 1.455% 11/15/21 07/01/26 1,309 QUARTERLY Chabot Las Positas Cmnty Clg CA 3,505,000 3,089,097 1.080% 07/27/22 08/01/26 1,340 QUARTERLY Chaffey CA High School Ref Bond 1,565,000 1,461,585 2.475% 06/30/22 08/01/26 1,340 QUARTERLY Huntington Beach HS Dist Ref Bond 3,305, 000 2,906,483 1.208% 04/29/22 08/01/26 1,340 QUARTERLY Placentia Yorba USD Ref Bond 1,110,000 976,889 1.070% 05/31/22 08/01/26 1,340 QUARTERLY San Diego CA Cmnty Ref Bond 470,000 433,923 2.299% 04/29/22 08/01/26 1,340 QUARTERLY San Ramon Valley CA USD Ref Bond 2,125,000 1,888,190 1.147% 11/03/21 08/01/26 1,340 QUARTERLY Sonoma Cnty Jr College Ref Bond 2,000,000 1,864,040 2.447% 06/30/22 08/01/26 1,340 QUARTERLY San Diego CA Pub Facs Ref Bond 1,625,000 1, 454,034 1.812% 08/18/22 10/15/26 1,415 QUARTERLY El Dorado CA Irr Dist Ref Bond 1,175,000 1,044,657 1.687% 08/18/22 03/01/27 1,552 QUARTERLY University Gen Rev Bond 2,385,000 2,071, 516 1.316% 10/13/22 05/15/27 1,627 QUARTERLY Colton CA Jt Uni Sch 1,060,000 925,995 1.603% 11/17/22 08/01/27 1,705 QUARTERLY Contra Costa Ref Bond 880,000 787,019 2.163% 09/15/22 08/01/27 1,705 QUARTERLY Fremont CA Uni Sch Dist 1,100,000 926,838 1.113% 11/17/22 08/01/27 1,705 QUARTERLY Fremont CA USD Ref Bond 1,140,000 1,002, 197 2.000% 05/31/22 08/01/27 1,705 QUARTERLY Marin CA Cmnty Clg Dist 335,000 317,141 3.330% 11/17/22 08/01/27 1,705 QUARTERLY Mount San Antonio Cmnty Clg 285,000 246, 605 1.139% 11/17/22 08/01/27 1,705 QUARTERLY Mount San Antonio Ref Bond 405,000 370, 571 2.329% 10/13/22 08/01/27 1,705 QUARTERLY Saddleback VY Uni Ref Bond 3,000,000 2,731, 740 2.400% 08/10/22 08/01/27 1,705 QUARTERLY San Ramon Valley Ref Bond 1,435,000 1,249, 742 3.415% 09/15/22 08/01/27 1,705 QUARTERLY Santa Monica Cmnty Clg Ref Bond 1,000, 000 952,240 3.050% 09/15/22 08/01/27 1,705 QUARTERLY Sierra CA Cmnty Clg Dist 465,000 396,896 1.129% 11/17/22 08/01/27 1,705 QUARTERLY William Hart CA Un High 200,000 169,994 1.174% 11/17/22 08/01/27 1,705 QUARTERLY Rancho Santiago Cmnty Clg 335,000 285,142 1.106% 11/17/22 09/01/27 1,736 QUARTERLY San Jose CA Txble Ser B 910,000 827,163 2.600% 10/13/22 09/01/27 1,736 QUARTERLY Mun. Securities TOTAL 51,805,000$ 47,365,936 $
Municipal Securities TOTAL 51,805,000$ 47,365,936 $
City of Clovis
Municipal Securities
As of November 30, 2022
ATTACHMENT 4
13 AGENDA ITEM NO. 3.

Treasury Rates as of November 30, 2022
3 month Treasury bill 4.37
6 month Treasury bill 4.70
2 Yr Treasury note 4.38
3 Yr Treasury note 4.13
5 Yr Treasury note 3.82
10 Yr Treasury note 3.68

CITY OF CLOVIS

FINANCE DEPARTMENT
NOVEMBER 30, 2022 TREASURY RATES
As indicated in the above graph, treasuries increase from 3-month to 6-month notes, then decrease to 10-year notes.
0 0.5
1 1.5
2 2.5
3 3.5
4 4.5
5 3 month
Treasury bill
6 month
Treasury bill
2 Yr Treasury
note
3 Yr Treasury
note
5 Yr Treasury
note
10 Yr
Treasury note

INTEREST RATES

TREASURIES
TREASURY RATES ON NOVEMBER 30, 2022
ATTACHMENT 5
14 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: Finance Department
DATE: April 10, 2023
SUBJECT: Finance – Receive and File – Treasurer’s Report for the Month of November 2022.

ATTACHMENTS: 1. Summary of Cash Balances

2. Summary of Investment Activity

3. Investments with Original Maturities Exceeding One Year

EXECUTIVE SUMMARY
Attached for the Council’s information is the Treasurer’s Report for the month ended November 30, 2022.

Pursuant to Section 41004 of the Government Code of the State of California, the City Treasurer is required to submit a monthly report of all receipts, disbursements, and fund balances.

Attachment 1 provides a summary of the beginning balance, total receipts, total disbursements, ending balance for all funds, and a listing, by fund, of all month end fund balances. Attachment 2 summarizes the investment activity for the month and distribution, by type of investment, held by the City. Attachment 3 lists all investments with original maturities exceeding one year as of the month ended November 30, 2022.

Prepared by: Jeffrey Blanks, Deputy Finance Director

Reviewed by: City Manager AH
15 AGENDA ITEM NO. 4.

Previous Balance 3,123,547.75$
Deposits 27,853,338.40
Disbursements (26,944,280.44)
Current Balance 4,032,605.71$

FUNDS BALANCE
100 General Fund 6,310,197.75 $
201 Local Transportation 18,135,025.92
202 Parking and Business Improvements 138,438.83
203 Off Highway Use 71,982.73
204 Community Facilities District 2020-1 98,543.10 205 Senior Citizen Memorial Trust 55,911.65
207 Landscape Assessment District 5,408,867.36
208 Blackhorse III (95-1) Assessment District 80,200.21 301 Park & Recreation Acquisition 13,204,264.43
305 Refuse Equipment Reserve 2,272,916.12
310 Special Street Deposit Fund 44,202,503.29
313 Successor Agency 257,224.06
314 Housing Successor Agency 1,147,553.00
402 1976 Fire Bond Redemption 25,475.23
404 1976 Sewer Bond Redemption Fund 415,610.51
501 Community Sanitation Fund 16,375,382.18
502 Sewer Service Fund 37,741,389.33
504 Sewer Capital Projects-Users 484,065.67
506 Sewer Capital Projects-Developer 7,738,938.78
507 Water Service Fund 43,405,060.60
508 Water Capital Projects-Users 7,244,804.67
509 Water Capital Projects-Developer 14,490,520.95 515 Transit Fund 2,187,707.20
540 Planning & Development Services 15,865,569.96
601 Property & Liability Insurance 1,122,119.82
602 Fleet Maintenance 22,068,900.75
603 Employee Benefit Fund 7,553,987.56
604 General Government Services 24,416,526.38
605 Facilities Maintenance 3,560,368.51
606 Information Technology 6,226,720.52
701 Curb & Gutter Fund 164,246.39
703 Payroll Tax & Withholding Fund 1,610,539.91
712 Temperance/Barstow Assmt Dist (98-1) 77,503.49 713 Shepherd/Temperance Assmt Dist (2000-1) 5,820.03 715 Supp Law Enforcement Serv 8,843.45
716 Asset Forfeiture 216,102.92
720 Measure A-Public Safety Facility Tax 1,684.04
736 SA Admin Trust Fund 1,421.40
741 SA Debt Service Trust Fund (504,327.43)
747 Housing Successor Trust Fund 1,137.98
SUBTOTALS 303,889,749.25$
999 Invested Funds (299,857,143.54)
TOTAL 4,032,605.71$
Statement of Cash Balances
As of November 30, 2022
City of Clovis
ATTACHMENT 1
16 AGENDA ITEM NO. 4.

Balance of Investments Previous Month End $302,129,598.36 Time Certificates of Deposit Transactions
Investments 1,000,000.00
Withdrawals (250,000.00)
Total CD Changes 750,000.00
Other Changes
Government Securities 2,537,276.00
Local Agency Investment Fund 0.00
Municipal Securities 3,780,000.00
Sweep Account (9,339,730.82)
Total Other Changes (3,022,454.82)
Balance of Investments Current Month End 299,857,143.54$ Insured CD's 19,245,000.00
Government Securities 133,263,674.85
US Treasury Notes 0.00
Local Agency Investment Fund 74,905,243.49
Municipal Securities 51,805,000.00
Sweep Account 20,638,225.20
Investment Total 299,857,143.54$
Distribution of Investments
As of November 30, 2022
City of Clovis
Summary of Investment Activity
For the month of November 30, 2022
City of Clovis
ATTACHMENT 2
17 AGENDA ITEM NO. 4.

Investment
Balance At Stated
Institution Face Value Amortized Cost Maturity Rate
FHLB 8,000,000.00 8,014,455 12/9/2022 1.875%
FHLB 5,000,000.00 5,015,560 12/9/2022 1.875%
FAMCMTN 8,500,000.00 8,517,404 2/27/2023 1.350%
FHLB 13,000,000.00 13,233,882 3/10/2023 2.125%
FHLB 5,000,000.00 5,106,310 3/10/2023 2.125%
FFCB 5,000,000.00 5,000,000 3/1/2024 0.250%
FHLB 5,000,000.00 4,998,321 3/8/2024 3.625%
FFCB 2,000,000.00 1,995,012 3/8/2024 0.300%
FHLB 2,000,000.00 1,999,258 3/18/2024 0.350%
FHLB 5,000,000.00 5,000,000 6/7/2024 1.050%
FHLB 1,000,000.00 941,770 6/24/2024 0.700%
FHLB 5,000,000.00 4,975,169 11/15/2024 1.750%
FHLB 1,735,000.00 1,595,506 12/30/2024 0.500%
FHLB 4,000,000.00 3,983,740 2/28/2025 2.750%
FAMCMTN 4,000,000.00 4,000,000 4/25/2025 0.750%
FAMCMTN 4,000,000.00 3,956,650 7/28/2025 0.600%
FHLB 5,000,000.00 5,000,000 8/28/2025 0.580%
FHLB 5,000,000.00 4,956,740 9/8/2025 0.750%
FFCB 5,000,000.00 4,968,743 2/11/2026 0.940%
FHLB 4,000,000.00 3,933,616 2/24/2026 1.150%
FHLB 5,000,000.00 4,971,593 9/28/2026 1.250%
FHLB 4,000,000.00 3,649,200 10/28/2026 2.125%
FHLB 6,000,000.00 5,989,499 11/24/2026 1.020%
FHLB 5,000,000.00 5,113,093 12/11/2026 0.900%
FHLB 4,500,000.00 4,043,250 2/24/2027 2.375%
FHLB 5,000,000.00 4,574,856 2/24/2027 1.020%
FHLB 4,000,000.00 3,730,049 2/26/2027 3.250%
FHLB 4,000,000.00 4,000,000 3/8/2027 3.600%
Original Maturities Exceeding One Year
As of November 30, 2022
City of Clovis
ATTACHMENT 3
18 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: General Services Department
DATE: April 10, 2023
SUBJECT: General Services – Approval – Res. 2 3-___, Amending the City’s FY 2022-2023 Position Allocation Plan by adding five (5) full time Utility Worker positions to convert five (5) extra help budgeted Utility Workers within the Public Utilities Department.

ATTACHMENTS: 1. Res. 23-___, Position Allocation Plan

RECOMMENDATION
For Council to approve a resolution amending the City’s FY 2022-2023 Position Allocation Plan by adding five (5) full time Utility Worker positions to convert five (5) extra help budgeted Utility Workers within the Public Utilities Department.

EXECUTIVE SUMMARY
Currently, the Public Utilities Department is authorized for thirty (30) Utility Worker positions for fiscal year 2022-2023. It is recommended that the City’s Position Allocation Plan be amended by converting five (5) budgeted extra help Utility Worker s to five (5) full time Utility Worker positions within the Public Utilities Department. Utility Workers perform entry level tasks for the Public Utilities Department. Council approval is required for changes to the Position Allocation Plan.

BACKGROUND
The Public Utilities Department employs extra help Utility Worker’s for coverage in operations and uses this process to assess an employee’s performance prior to offering full time work. Solid Waste (Community Sanitation) will typically have four (4) extra help Utility Workers at any given time to provide necessary support to operations, and these extra help workers generally work in a 40 hour per week capacity. Parks has one (1) extra help Utility Worker that compliments the crew and works a 40 hour a week equivalent. After evaluation of current uses of extra help Utility Workers in Public Utilities, and to ensure employees receive benefits as required by law, the 19 AGENDA ITEM NO. 5.

Department is recommending converting these positions to full time by adding five (5) Utility Worker positions to support the current needs of the department.

The position allocation change would result in a total of thirty -five (35) full time Utility Worker positions within the Department. The desired position allocation change results in the need to modify the City’s Position Allocation Plan, which requires Council approval.

FISCAL IMPACT
The conversion of positions will provide for savings in the extra help budgeted line item for FY 2022-2023. Additional costs for wage discrepancy and benefits would be approximately $16,000 for the remainder of FY 2022 -23 for all five full-time positions. There are adequate funds in the Public Utilities Department budget to cover additional costs for the positions.

REASON FOR RECOMMENDATION
The addition of five (5) Utility Worker positions will provide needed support within the P ublic Utilities Department. The change must be reflected in the authorized FY 2022-2023 P ublic Utilities Department position allocation. Modification of the Position Allocation Plan requires Council Approval.

ACTIONS FOLLOWING APPROVAL
The position allocation for the Public Utilities Department will be modified as noted in Attachment A of Attachment 1.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager AH

20 AGENDA ITEM NO. 5.

ATTACHMENT 1

RESOLUTION 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING AMENDMENTS TO THE CITY’S FY 22-23 POSITION ALLOCATION PLAN

WHEREAS, the FY 22 -23 Position Allocation Plan in the Public Utilities Department was approved as part of the FY 22-23 City budget adoption process; and

WHEREAS, a review of the staffing needs of the City indicates that the addition of five (5) Utility Worker positions to replace five (5) extra help Utility Worker positions is necessary in order to be ensure employee receive benefits as required by law, and to provide the needed support and work within the Public Utilities Department; and

WHEREAS, amending the City’s adopted FY 22-23 Position Allocation Plan requires Cit y Council authorization.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Clovis that the City’s FY 22-23 Position Allocation Plan shall be amended as noted in Attachment A.

* * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on April 10, 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: April 10, 2023

___________________________ __________________________ Mayor City Clerk

21 AGENDA ITEM NO. 5.

ATTACHMENT A

POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 22-23

DEPARTMENT NUMBER OF POSITIONS

Public Utilities Department

Add: Utility Worker – Community Sanitation 4.0

Add: Utility Worker – Parks 1.0

22 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: General Services Department
DATE: April 10, 2023
SUBJECT: General Services – Approval – Res. 23 -___, Authorizing the City Manager to Execute and File Applications, Certifications and Assurances, and Grant and Cooperative Agreements with the Federal Transit Administration.

ATTACHMENTS: 1. Resolution

RECOMMENDATION
For the City Council to authorize the City Manager to execute and file applications, certifications and assurances, and grant and cooperative agreements with the Federal Transit Administration.

EXECUTIVE SUMMARY
The City of Clovis is in the process of becoming a recipient of federal funding through the Federal Transit Administration (FTA) for public transportation services. FTA has numerous requirements to become a recipient of federal funds. One of those requirements is for the City to identify a designated official, under resolution, and authorize the designated official to execute and file applications, certifications and assurances, and grant and cooperative agreements with FTA.

BACKGROUND
Clovis Transit operates and offers public transit services to Clovis and surrounding communities using state and local funding from the California Transportation Development Act (TDA) , SB1 State of Good Repair (SB1 SGR), Measure C, and other grant-specific funds. Historically, staff has evaluated the benefits , requirements, and impediments to seeking federal funding but deferred the acceptance of federal funds primarily due to space and staffing limitations. In 2018, the city hired Michael Baker Consultants to assist in determining the advantages, disadvantages, and potential challenges in moving forward to accept federal funds through the Federal Transit Administration (FTA). Clovis Transit is eligible for the FTA’s Urbanized Area Formula Funding 23 AGENDA ITEM NO. 6.
(49 USC 5307), also known as 5307 funds . Michael Baker’s analysis has determined it would be advantageous for the City to seek and become a recipient of 5307 funds. This decision was based primarily on the need for capital and operating funds to attain compliance with the California Air Resources Board (CARB) Innovative Clean Transit Rule that was passed in 2018.

As a federal fund recipient, Clovis Transit will receive formulaic 5307 funds based on population and regional data, as well as access to apply for additional funding opportunities for capital, construction, planning, and vehicle replacement. City staff has begun the extensive process to become an FTA recipient. One of the requirements is for the City Council to approve a resolution designating an d authorizing an official to execute and file applications, certifications and assurances, and grant and cooperative agreements with FTA. The approved resolution and other documentation will be submitted to FTA staff for processing.

FISCAL IMPACT
None. When Clovis becomes a federal fund recipient, there is a potential for $3 million or more in additional operating revenue for transit in the future as well as competitive grants for capital purchases.

REASON FOR RECOMMENDATION
The Federal Transit Administration requires a new r ecipient to issue a resolution from the City Council to designate and authorize an official to file and administer applications, certifications and assurances, grants, and cooperative agreements with FTA.

ACTIONS FOLLOWING APPROVAL
Staff will submit t he approved resolution and other required documents to the Federal Transit Administration (FTA) for processing, activation, and creation of the Clovis Transit’s account.

Prepared by: Amy Hance, General Services Manager

Reviewed by: City Manager AH

24 AGENDA ITEM NO. 6.

ATTACHMENT 1
RESOLUTION 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS AUTHORIZING THE

CITY MANAGER FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT

ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES

DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C., CHAPTER 53, TITLE 23 UNITED STATES

CODE, OR OTHER FEDERAL STATUTES ADMINISTERED BY
THE FEDERAL TRANSIT AMINISTRATION.

WHEREAS, the Federal Transit Administration has been delegated authority to award federal financial assistance for a transportation project; and

WHEREAS, the grant or cooperative agreement for federal financial assistance will impose certain obligations u pon the applicant, and may require the applicant to provide the local share of the project cost; and

WHEREAS, the applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; and

NOW, THEREFORE, BE IT RESO LVED, that the City of Clovis hereby authorizes the City Manager to execute and file an application for federal assistance on behalf of the City of Clovis, designated recipient as defined by 49 U.S.C. § 5307(a), with the Federal Transit Administration for federal assistance authorized by 49 U.S.C. Chapter 53, title 23, United States Code, or other federal statues authorizing a project administered by the Federal Transit Administration.

That the City Manager is authorized to execute and file with its application(s) the annual certifications and assurances and other documents the Federal Transit Administration requires before awarding a federal assistance grant or cooperative agreement.

That the City Manager is authorized to execute grant and cooperative agreements with the Federal Transit Administration on behalf of 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 April 10, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: April 10, 2023

______________________________ ______________________________ Mayor City Clerk
25 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: April 10, 2023
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP 15-13, Landfill Left Turn Lane.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION
For the City Council to accept the work performed as complete and authorize the recording of the notice of completion for this project.

EXECUTIVE SUMMARY
The project consisted of widening Auberry Road to provide room for a new left turn lane at the City of Clovis Landfill entrance to improve the safety at this location by clearly delineating the through lanes and the left turning lane. The project is located in Fresno County, at 15679 Auberry Road, approximately 3.7 miles north of the intersection at E Copper Avenue and Auberry Road.

BACKGROUND
Bids were received on January 25, 2022, and the project was awarded by the City Council to the low bidder, De Anda Company , on February 7, 2022 . The project was completed in accordance with the construction documents and the contractor has submitted a request for acceptance of the project.

26 AGENDA ITEM NO. 7.

FISCAL IMPACT

1. Award $308,541.50

2. Cost increases/decreases resulting from differences $10,611.68 between estimated quantities used for award and
actual quantities installed.

3. Contract Change Orders $31,853.75
CCO 1
This change order was intended to compensate De Anda for general cost increases due to inflation.
___________
Final Contract Cost $351,006.93

While the contract was awarded by Council in January 2022, it was not fully executed until September 2022. This delay was due to timing and implementation of required environmental mitigation measures on site that pr ohibited the start of any construction activity. While some cost fluctuation is expected and to be included in the bid, the general cost of construction during this period increased significantly due to extreme spikes in inflation. The contractor was granted only a portion of the cost increase he requested.

This project was approved in the Community Investment Program 2022-2023 fiscal year budget and was funded by the Refuse Enterprise Fund through the City Community Investment Program.

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

ACTIONS FOLLOWING APPROVAL

1. The Notice of Completion will be recorded; and

2. All remaining retention funds will be released no later than 35 calendar days following recordation of the notice of completion, provided no liens have been filed. Retention funds may be released within 60 days after the date of completion, provided no liens have been filed, with "completion" defined as the earlier of either (a) beneficial us e and occupancy and cessation of labor, or (b) acceptance by the City Council per Public Contract Code Section 7107(c)(2).

Prepared by: Shawn Scott, Engineering Inspector

Reviewed by: City Manager AH

27 AGENDA ITEM NO. 7.

Attachment 1
28 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Public Utilities Department
DATE: April 10, 2023
SUBJECT: Public Utilities – Approval – Waive Formal Bidding Requirements and Authorize the Purchase of a 2024 Ford F750 Super Duty Truck from Future Ford of Clovis in the amount of $97,268.98.

ATTACHMENTS: None.

RECOMMENDATION
For the City Council to approve waiving the City’s formal bidding requirements and authorize the purchase of a 2024 Ford F750 truck from the local dealership Future Ford of Clovis in the amount of $97,268.98, including fees and taxes.

EXECUTIVE SUMMARY
There are funds in this fiscal year’s Fleet Renewal budget to purchase a 2024 Ford F750 for the Public Utilities Department Water Division. The existing equipment is scheduled to be replaced due to its age. Future Ford’s bid price is $97,268.98, including tax, freight , and Fleet pricing discount. The new truck meets current emissions requirements.

Staff requests waiving formal bidding procedures due to the lack of viable vendors, as authorized by Clovis Municipal Code Section 2.7.06(a) and Section IV.C. of the City’s Purchasing Manual.

City staff has requested multiple quotes and only one vendor was able to supply a quote to order the vehicle.

BACKGROUND
The recommended vehicle is available from Future Ford of Clovis and meets the Department’s needs. The vehicle is available to be ordered and will be built according to Public Utilities Department Water Division needs.

29 AGENDA ITEM NO. 8.

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

FISCAL IMPACT
Funds were included in the 2022-2023 Fleet Capital Acquisition budget, often referred to as the Fleet renewal or Fleet replacement budget. The Water Division in the Public Utilities Department has accumulated the necessary funds for replacement of the equipment.

REASON FOR RECOMMENDATION
The existing truck has been in service for almost 12 years and is scheduled for replacement.

Staff has evaluated the available equipment and it meets the needs of the Public Utilities Department Water Division. The proposed method of purchasing the equipment is cost-effective and sufficient funds are available.

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

Prepared by: Jim Stringfield, Fleet Manager

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

TO: Mayor and City Council
FROM: Administration Department
DATE: April 10, 2023
SUBJECT: Receive and File – Water and Sewer Major Facilities Workshop.

Staff: Mike Harrison, City Engineer / Paul Armendariz, Assistant Public Utilities Director
Recommendation: Receive and File

City Engineer Mike Harrison and Assistant Public Utilities Director Paul Armendariz will provide a verbal presentation on this item.

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

The purpose of this workshop is to provide the City Council an update on the challenges the City is facing over the next twenty years in providing sewer and water for new development as well as maintaining the current infrastructure given the current funding stream and significant cost associated with needed capital projects.

Key takeaways for City Council:

- The City has a policy that new development will pay its own way by way of Development Impact Fees (DIFs);

- Have a basic understanding of what DIFs are;

- Understand that when DIFs are below what the annual bond payments are, the City borrows from existing users, current debt approximately $20M;

- The current fee structure does not support the full cost of all current and future needed capital projects;

- Understand that if the City does not have adequate funding for current and future capital projects, staff then needs to prioritize repairing / replacing older infrastructure or investing in future development;

31 AGENDA ITEM NO. 9.
- The City currently uses DIF revenue to pay for annual bond payments for past projects similar to a mortgage payment;

- In a perfect world, the City of Clovis would collect DIFs and hold them in reserves to pay for future capital projects;

- A basic understanding of the City’s Wastewater (sewer) system;

- The City is unable to bond for any sewer projects until approximately 2035 because of current indebtedness;

- Challenges associated with prov iding the Wastewater infrastructure and meeting the demand of new development;

- A basic understanding of the City’s Water and Recycled Water System;

- Challenges associated with providing the Water and Recycled Water infrastructure and meeting the demand of new development;

- Understand that despite all of these challenges staff believes the City will be able to support development with water and sewer for the next 20 years.

32 AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Administration
DATE: April 10, 2023
SUBJECT: Consider – A request from the Clovis Unified School District Board for the City of Clovis to temporarily provide water and sewer services to the future Terry Bradley Educational Center, located between Leonard and Highland Avenues north of McKinley Avenue, in unincorporated Fresno County and within the City of Fresno’s sphere of influence.

Staff: Paul Armendariz, Assistant Public Utilities Director Recommendation: Consider

ATTACHMENTS: 1. A letter from Clovis Unified School District Board President David DeFrank received on March 16, 2023.

RECOMMENDATION
For the City Council to consider a request from the Clovis Unified School District Board for the City of Clovis to temporarily provide water and sewer services to the future Terry Bradley Educational Center, located between Leonard and Highland Avenues north of McKinley Avenue, in unincorporated Fresno County and within the City of Fresno’s sphere of influence. Staff is seeking direction on whether or not to begin the analysis to determine if the City of Clovis can provide the requested sewer and water services at the location of the Terry Bradley Educational Center.

EXECUTIVE SUMMARY
Staff is in receipt of a letter from Clovis Unified School District Board President David DeFrank to the Clovis City Council received on March 16, 2023. In the letter Board President DeFrank is requesting the new Terry Bradley Education Center (TBEC) be connected to the City of Clovis sewer and water services until those services become available from the City of Fresno. The school site is currently in unincorporated Fresno County, and within the sphere of influence of 33 AGENDA ITEM NO. 10.
the City of Fresn o in the South East Development Area (SEDA). The draft SEDA plan would add approximately 45,000 housing units across 9,000 acres upon completion.

The needed infrastructure such as sewer and water are not currently available for the TBEC. It is likely that needed i nfrastructure for the current location will not be available for ten to fifteen years. Clovis Unified initially considered using four on-site wells for water and build or lease a wastewater “package” plant. CUSD is currently scheduled to have students on campus in the fall of 2025, approximately 30 months from now. In the City’s experience of building and permitting water and sewer facilities, it is likely to take much longer than that to permit and build such infrastructure. CUSD has not been able to accelerate the installation of needed sewer and water infrastructure from the City of Fresno. CUSD is now reaching out to the City of Clovis to see if the City can provide sewer and water.

Staff believes that the easiest path forward would be to have CUSD work with the City of Fresno on providing sewer and water services as that is the jurisdiction that will ultimately serve the TBEC. Can the City of Clovis provide sewer and water services to the TBEC? From a practical standpoint, the simple answer is y es, unless there are some legal restrictions associated with providing sewer and / or water to a school system outside the city limits, in unincorporated Fresno County that will ultimately be in the City of Fresno. It will likely require a multi-jurisdictional agreement between the City of Clovis, CUSD, the County of Fresno, and the City of Fresno.

As of the timing of the draft of this staff report, CUSD was meeting with the City of Fresno to determine if the City of Fresno could provide water to the TBEC. Staff will know more about those discussions by Monday’s meeting. If the City of Clovis was not asked to provide water to the TBEC, a huge hurdle would be removed. If the City of Clovis were only asked to provide sewer services, a sewer line would need to be installed from the TBEC north to Ashlan Avenue then east to the City’s Water Reuse Facility for treatment.

At this point staff is only seeking direction on whether or not to begin the analysis to determine if the City of Clovi s can provide the requested services at the location of the Terry Bradley Educational Center.
34 AGENDA ITEM NO. 10.

FISCAL IMPACT
Staff would recommend that CUSD incur all costs associated with the analysis and, if we move forward, all costs for planning, constructing, and operating any sewer and water infrastructure required to support the TBEC.

REASON FOR RECOMMENDATION
The City is in receipt of a request from CUSD to provide sewer and water to the TBEC.

ACTIONS FOLLOWING APPROVAL
Staff will implement Council direction.

Prepared by: John Holt, City Manager

Reviewed by: City Manager JH
35 AGENDA ITEM NO. 10.

Attachment 1
36 AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: Administration
DATE: April 10, 2023
SUBJECT: Consider Approval – Change of Council Meeting Schedule.

Staff: John Holt, City Manager
Recommendation: Approve
ATTACHMENTS: None.

RECOMMENDATION
For the City Council to approve the addition of a special meeting on Friday, April 14, 2023, and cancellation of the regular Council meeting scheduled for Monday, April 17, 2023.

EXECUTIVE SUMMARY
There is a need to change the schedule of meeting s for the City Council in April. Staff is recommending that City Council approve the addition of a special meeting on Friday, April 14, 2023, and canceling the meeting of April 17, 2023.

BACKGROUND
Staff is recommending that City Council consider approving a special meeting on April 14, 2023.

On March 24, 2023, Mayor Ashbeck and Mayor Pro Tem Mouanoutoua facilitated a workshop with stakeholders in an effort to capture the three leading trends in various sectors important for the City to consider/understand looking ahead. This meeting allowed Mayor Ashbeck, Mayor Pro Tem Mouanoutoua, and staff to hear from our community's leaders as the City prepares to refresh the City's long -range Vision, Mission, and Guidi ng Principles. The purpose of the April 14, 2023, special meeting is to take that information gathered from the first meeting and for City Council to evaluate any impacts on the City's long-range Vision, Mission, and Guiding Principles with input from the City’s Executive Leadership Team . The meeting is scheduled to be held at 8:00 a.m. in the Emergency Operations Center located at 1233 Fifth Street, Clovis, CA 93612. 37 AGENDA ITEM NO. 11.

Staff was also able to consolidate the agenda items to the first and second Council meetings in April. Therefore, staff is also recommending Council consider canceling the meeting of April 17, 2023, due to the limited number of items on the agenda. Given adequate notice, staff will be able to amend the timing of actions c oming forward so that operations will not be affected by the cancellations.

FISCAL IMPACT
None.

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

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

Prepared by: Rebecca Simonian, Executive Assistant

Reviewed by: City Manager JH

38 AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: Administration
DATE: April 10, 2023
SUBJECT: Consider Approval – To submit a letter of Opposition for Assembly Bill 595– Essayli - Animal Shelters: 72 -Hour Public Notice: Euthanasia:

Study.

Staff: John Holt, City Manager
Recommendation: Approve

ATTACHMENTS: 1. Proposed Legislation – AB 595

2. Draft Letter of Opposition – AB 595

RECOMMENDATION
For the City Council to submit a letter in opposition to Assembly Bill 595 - Essayli, proposing a 72-hour posting notice on animals to be euthanized.

EXECUTIVE SUMMARY
Assembly Bill 595, authored by Assemblymember Essayli, has been introduced to require a 72- hour posting notice on animals to be euthanized and exposes shelter workers to criminal charges if they do not comply. This bill would result in a devastating increase in euthanasia for many shelters in our state who are currently giving pets every opportunity until the last moment possible to find placement. If the recommendation is approved, staff will draft a letter to submit to the legislature for consideration.

BACKGROUND
Assembly Bill 595, authored by Assemblymember Essayli, has been introduced to require a 72- hour posting notice on animals to be euthanized and exposes shelter workers to criminal charges if they do not comply.

39 AGENDA ITEM NO. 12.

Current law declares that it is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Current law also declares that it is the policy of the state that no treatable animal should be euthanized. This bill, Bowie’s Law, would require all animal shelters, as defined, to provide public notice on their internet website at least 72 hours before euthanizing any animal and include the date that an animal is scheduled to be euthanized, except as provided. By creating new requirements regarding this public notice, the violation of which would be a crime, and by imposing new requirements on a public animal control age ncy or shelter, the bill would constitute a state-mandated local program.

AB 595 will increase euthanasia of California’s shelter animals. The average length of stay of an animal in a shelter is more than 20 days at this time . During that time shelters are aggressively reaching out to rescue organizations, partner shelters in the state, and promoting reduced fee and fee waived adoptions. If a shelter reaches a point where they are out of options and have to euthanize for space, that means there is literally no space available. A shelter cannot then keep the animal for an additional 72 hours. As such, in order to manage these posting requirements, shelters will have to reduce capacity to keep space available for legally obligated intakes. To do that, they will need to euthanize animals sooner, an undesirable outcome.

AB 595 creates a reimbursable state mandate which would require reimbursement by the State for all funds expended in response to this bill. By requiring animals to be held an additional 72 hours, the state would be required by California law to compensate every shelter complying with the law for any monies expended because of the bill’s requirements. In 2001, the Commission on State Mandates determined that large por tions of the 1998 Hayden Act needed to be suspended because the state was not reimbursing shelters for the additional cost of holding animals longer than current law allowed. This bill will trigger the same requirements and therefore must be re -evaluated t o include fiscal impact. There are hundreds of public and nonprofit shelters in California, and the vast majority are government entities or shelters with government contracts that will unquestionably incur additional costs under the bill’s requirements.

AB 595 threatens shelter animals’ greatest allies with jail time for caring. Our animal control and humane law enforcement officers bring multiple lost, stray animals in daily. Shelter staff members and volunteers conduct extensive outreach to rescue organ izations to encourage transfers and agencies run frequent adoption promotions and have robust foster programs to get animals out safely. Sadly, when outreach efforts fail, there are days when shelter staff must make the single most difficult decision in their job – to euthanize any animal. Though many people want to minimize the emotional impact these euthanasia decisions have on our staff, imagine caring for dogs and cats for weeks, trying to find them homes or other options just to then have to euthanize. It is highly distressing for animal shelter workers to euthanize animals; particularly those that are healthy and adoptable. The threat of criminal sanctions will almost surely drive these humane workers from their jobs for fear of being jailed for their best efforts at saving animals who end up in shelters.

AB 595’s criminal provisions are vague . It is unclear who would be held criminally liable – staff that posts the animals or inadvertently doe s not list on e, the professional who euthanizes the animal, their supervisor, the shelter director, City Councilmembers who oversee the shelter? 40 AGENDA ITEM NO. 12.

Those who choose careers in animal welfare do so because they care deeply about animals.

These jobs are hard and emotionally difficult, rarely well -paid, and subject to easy burn -out.

These individuals who work in shelters will have jobs that become threats to their freedom if faced with legislation that potentially holds them criminally liable – for caring.

This bill does not address the cause of shelter overcrowding, or of euthanasia, in California .

Animal shelters do not contribute to the proliferation of homeless animals in our state. The reasons that animals end up in shelters are caused by societal factors. Government and non- profit shelters are a safe haven for animals, but when societal problems place an overwhelming burden on existing systems, they are stretched beyond lifesaving capacity. Insurance limitations, rental barriers, job loss, inflation, and a severe and sta tewide lack of access to affordable veterinary care are all contributing factors in California animal shelter intake. These factors also impact the public’s ability to adopt. Animal shelters receive no federal or state funding to operate, but are expected to provide industry leading care with inadequate support. Most government animal shelters are significantly underfunded to serve the animals and meet community expectations.

The position of the League of Cities is stated as “watch” at this time.

FISCAL IMPACT
None at this time.

REASON FOR RECOMMENDATION
The position this bill is recommending is not in the best interest of the City.

ACTIONS FOLLOWING APPROVAL
If approved, staff will draft a letter of opposition with the Mayor’s signature.

Prepared by: Rebecca Simonian, Executive Assistant

Reviewed by: City Manager JH
41 AGENDA ITEM NO. 12.

AMENDED IN ASSEMBLY MARCH 21, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 595
Introduced by Assembly Member Essayli
(Coauthors: Assembly Members Alanis, Wendy Carrillo, Chen, Dixon, Flora, Friedman, Gallagher, Hoover, Jackson, Lackey, Low, Mathis, Joe Patterson, Waldron, and Wallis)
(Coauthors: Senators Newman, Seyarto, and Wilk)
February 9, 2023
An act to add Section 32004 to, and to add and repeal Section 32005 of, the Food and Agricultural Code, relating to animal shelters. legislative counsel’s digest
AB 595, as amended, Essayli. Animal shelters: 72-hour public notice:
euthanasia: study.

Existing law declares that it is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home.

Existing law also declares that it is the policy of the state that no treatable animal should be euthanized. Existing law provides that a violation of the Food and Agricultural Code is a misdemeanor, unless a different penalty is expressly provided.

This
bill bill, Bowie’s Law, would require all animal shelters, as defined, to provide public notice on their internet website at least 72 hours before euthanizing
an adoptable dog or cat, as defined, any animal
and include the date that an adoptable dog or cat animal is scheduled to be euthanized, except as provided. By creating new requirements regarding this public notice, the violation of which would be a crime, and by imposing new requirements on a public animal control agency or shelter,
the bill would constitute a state-mandated local program. 98 Attachment 1
42 AGENDA ITEM NO. 12.

The bill would also require the Department of Food and Agriculture to conduct a study on the overcrowding of California’s animal shelters, the ways in which the state might address animal shelter overcrowding, and the feasibility of a statewide database of adoptable dogs or cats, as specified. dogs and cats that provides public notice and information at the statewide level, as specified. The bill would require the department to, on or before January 1, 2026, submit a report on its study findings to the Legislature, as provided. The bill would repeal these study and reporting requirements on January 1, 2027.

The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The California Constitution r equires the state to r eimburse local agencies and school districts for certain costs mandated by the state .

Statutory pr ovisions establish pr ocedures for making that reimbursement.

This bill would pr ovide that with r egard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would pr ovide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known, and may be cited, as line 2 Bowie’s Law.
line 3 SECTION 1.
line 4 SEC. 2. Section 32004 is added to the Food and Agricultural line 5 Code, to read:
line 6 32004. (a) All Except for an animal irr emediably suffering line 7 from a serious illness or severe injury pursuant to Section 17006, line 8 newborn animals that need maternal car e and have been line 9 impounded without their mothers pursuant to Section 17006, and line 10 dogs with a history of vicious or dangerous behavior documented line 11 by the agency charged with enforcing state and local animal laws 98 — 2 — AB 595

43 AGENDA ITEM NO. 12.
line 1 pursuant to subdivision (b) of Section 31108.5, an animal shelters line 2 shelter shall provide public notice on their its internet website at line 3 least 72 hours before euthanizing an adoptable dog or cat any line 4 animal and shall include information that includes, b ut is not line 5 limited to, the date that an adoptable dog or cat an animal is line 6 scheduled to be euthanized.
line 7 (b)  As used in this section, the follo wing terms ha ve the line 8 following meanings: “animal shelter” means a public animal line 9 control agency or shelter, society for the prevention of cruelty to line 10 animals shelter, or humane society shelter.
line 11 (1)  “Adoptable dog or cat” means a dog or cat eight weeks of line 12 age or older that, at or subsequent to the time the animal is line 13 impounded or otherwise taken into possession, has manifested no line 14 sign of a beha vioral or temperamental defect that could pose a line 15 health or safety risk, and has manifested no sign of disease, injury, line 16 or congenital or hereditary condition that adv ersely affects the line 17 health of the animal or that is likely to adversely affect the animal’s line 18 health in the future.
line 19 (2)  “Animal shelter” means a public animal control agenc y or line 20 shelter, society for the pre vention of cruelty to animals shelter , line 21 humane society shelter, or rescue group.
line 22 (3)  “Rescue group” means a for -profit or not-for -profit entity line 23 or a collaboration of individuals that removes dogs or cats, or both, line 24 from a public animal control agenc y or shelter , society for the line 25 prevention of cruelty to animals shelter , or humane shelter , or line 26 rehomes a dog or cat, or both, that has been previously owned by line 27 any person other than the original breeder.
line 28 SEC. 2.
line 29 SEC. 3. Section 32005 is added to the Food and Agricultural line 30 Code, to read:
line 31 32005. (a)  The department shall conduct a study on all of the line 32 following topics:
line 33 (1)  The overcrowding of California’s animal shelters. line 34 (2)  The ways in which the state might address animal shelter line 35 overcrowding.
line 36 (3)  The feasibility of a statewide database of adoptable dogs or line 37 and cats that pro vides public notice and information at the line 38 statewide le vel in a manner consistent with Section 32004, line 39 including, b ut not limited to, by pursuing a public-pri vate line 40 partnership.
98 AB 595 — 3 —

44 AGENDA ITEM NO. 12.
line 1 (b)  On or before January 1, 2026, the department shall submit line 2 a report on its study findings pursuant to subdi vision (a) to the line 3 Legislature in compliance with Section 9795 of the Go vernment line 4 Code.
line 5 (c)  As used in this section, the follo wing terms ha ve the line 6 following meanings: “animal shelter” means a public animal line 7 control agency or shelter, society for the prevention of cruelty to line 8 animals shelter, or humane society shelter.
line 9 (1)  “Adoptable dog or cat” means a dog or cat eight weeks of line 10 age or older that, at or subsequent to the time the animal is line 11 impounded or otherwise taken into possession, has manifested no line 12 sign of a beha vioral or temperamental defect that could pose a line 13 health or safety risk, and has manifested no sign of disease, injury, line 14 or congenital or hereditary condition that adv ersely affects the line 15 health of the animal or that is likely to adversely affect the animal’s line 16 health in the future.
line 17 (2)  “Animal shelter” means a public animal control agenc y or line 18 shelter, society for the pre vention of cruelty to animals shelter , line 19 humane society shelter, or rescue group.
line 20 (3)  “Rescue group” means a for -profit or not-for -profit entity line 21 or a collaboration of individuals that removes dogs or cats, or both, line 22 from a public animal control agenc y or shelter , society for the line 23 prevention of cruelty to animals shelter , or humane shelter , or line 24 rehomes a dog or cat, or both, that has been previously owned by line 25 any person other than the original breeder.
line 26 (d)  This section shall remain in effect only until January 1, 2027, line 27 and as of that date is repealed.
line 28 SEC. 3. No reimbursement is required by this act pursuant to line 29 Section 6 of Article XIIIB of the California Constitution because line 30 the only costs that may be incurred by a local agenc y or school line 31 district will be incurred because this act creates a ne w crime or line 32 infraction, eliminates a crime or infraction, or changes the penalty line 33 for a crime or infraction, within the meaning of Section 17556 of line 34 the Government Code, or changes the definition of a crime within line 35 the meaning of Section 6 of Article XIII B of the California line 36 Constitution.
line 37 SEC. 4. No reimbursement is required by this act pursuant to line 38 Section 6 of Article XIIIB of the California Constitution for certain line 39 costs that may be incurr ed by a local a gency or sc hool district line 40 because, in that regard, this act creates a new crime or infraction, 98 — 4 — AB 595

45 AGENDA ITEM NO. 12.
line 1 eliminates a crime or infraction, or changes the penalty for a crime line 2 or infr action, within the meaning of Section 17556 of the line 3 Government Code, or changes the definition of a crime within the line 4 meaning of Section 6 of Article XIII B of the California line 5 Constitution.
line 6 However, if the Commission on State Mandates determines that line 7 this act contains other costs mandated by the state, reimbursement line 8 to local agencies and school districts for those costs shall be made line 9 pursuant to Part 7 (commencing with Section 17500) of Division line 10 4 of Title 2 of the Government Code.

O
98 AB 595 — 5 —

46 AGENDA ITEM NO. 12.

Attachment 2

April 11, 2023

Assemblymember Bill Essayli
State Capitol
PO Box 942849
Sacramento, CA 94249

RE: AB 595 (Essayli): Animal Shelters: 72-Hour Public Notice: Euthanasia: Study.

Notice of OPPOSITION

Dear Assemblymember Essayli,

We are writing to express our strong opposition to AB 595, which would require a 72-hour posting notice on animals to be euthanized and exposes shelter workers to criminal charges if they do not comply. This bill would result in a devastating increase in euthanasia for many shelters in our state who are currently giving pets every opportunity until the last moment possible to find placement.

AB 595 will increase euthanasia of California’s shelter animals. The average length of stay of an animal in a shelter is more than 20 days at this time. During that time shelters are aggressively reaching out to rescue organizations, partner shelters in the state, and promoting reduced fee and fee waived adoptions. If a shelter reaches a point where they are out of options and have to euthanize for space, that means there is literally no space available. A shelter cannot then keep the animal for an additional 72 hours. As such, in order to manage these posting requirements, shelters will have to reduce capacity to keep space available for legally obligated intakes. To do that, they will need to euthanize animals sooner, an outcome no one wants.

AB 595 creates a reimbursable state mandate which would require reimbursement by the State for all funds expended in response to this bill. By requiring animals to be held an additional 72 hours, the state would be required by California law to compensate every shelter complying with the law for any monies expended because of the bill’s requirements. In 2001, the Commission on State Mandates determined that large portions of the 1998 Hayden Act needed to be suspended because the state was not reimbursing shelters for the additional cost of holding animals longer than current law allowed. This bill will trigger the same requirements and 47 AGENDA ITEM NO. 12.

City Hall Administration • 1033 Fifth Street, Clovis, CA 93612 • 559.324.2010 • TTY-711 [email protected] • www.cityofclovis.com
therefore must be re-evaluated to include fiscal impact. There are hundreds of public and nonprofit shelters in California, and the vast majority are government entities or shelters with government contracts that will unquestionably incur additional costs under the bill’s requirements.

AB 595’s criminal provisions are vague. It is unclear who would be held criminally liable – staff that posts the animals or inadvertently does not list one, the professional who euthanizes the animal, their supervisor, the shelter director, City Councilmembers who oversee the shelter? Those who choose careers in animal welfare do so because they care deeply about animals.

These jobs are hard and emotionally difficult, rarely well-paid, and subject to easy burn-out.

These individuals who work in shelters will have jobs that become threats to their freedom if faced with legislation that potentially holds them criminally liable – for caring.

This bill does not address the cause of shelter overcrowding, or of euthanasia, in California.

Animal shelters do not contribute to the proliferation of homeless animals in our state. The reasons that animals end up in shelters are caused by societal factors. Government and non-profit shelters are a safe haven for animals, but when societal problems place an overwhelming burden on existing systems, we are stretched beyond our lifesaving capacity. Insurance limitations, rental barriers, job loss, inflation, and a severe and statewide lack of access to affordable veterinary care are all contributing factors in California animal shelter intake. These factors also impact the public’s ability to adopt. Animal shelters receive no federal or state funding to operate, but are expected to provide industry leading care with inadequate support. Most government animal shelters are significantly underfunded to serve the animals and meet community expectations.

In summary, we urge you to reconsider AB 595, as it would increase euthanasia of California’s shelter animals. Unfortunately, this bill is not the mechanism to increase lifesaving. It does not align with how animal shelters have to lawfully function and fails to address the underlying issues that are causing animals to land in our shelters to begin with. We appreciate your consideration of our concerns.

Sincerely,

Lynne Ashbeck
Mayor, City of Clovis

48 AGENDA ITEM NO. 12.

Clovis City CouncilApril 10, 2023

Clovis City Council
April 10, 2023