Agenda packet — Clovis City Council, January 8, 2024 (part 1 of 2)

January 08, 2024 - 1 - 1:28 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

January 8, 2024 6:00 PM Council Chamber

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

The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; 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 January 08, 2024 - 2 - 1:28 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 lim it your 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 of Proclamation declaring January as National Slavery and Human Trafficking Prevention Month.

2. Presentation - Update on the Clovis Senior Activity Center.

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 minut es 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 read in full, further readi ng of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.
2 January 08, 2024 - 3 - 1:28 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 i tem 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 Ca lendar 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.

3. Administration - Approval - Minutes from the December 11, 2023, Council Meeting.

4. Administration - Approval - Res. 24 -___, Authorizing submittal of the Cottages at Magnolia Crossing development funding application to the Fresno Council of Governments, in the amount of $1 million, as the City of Clovis application for REAP

2.0 Program Funds.

5. General Services – Approval - Claim Rejection of the General Liability Claim of Jerry Egger.

6. General Services – Approval – Res. 24 -___, 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.

7. Police - Approval – Res. 24 -___, Authorizing the City Manager to Execute a Memorandum of Understanding and Grant Cooperative Agreement with the City of Fresno and the Fresno Police Department; and amend the Police Department Budget to reflect the award of a $6,068,700.00 grant.

8. General Services – Approval – Res. 24 -___, Amending the City ’s FY 2023 -2024 Position Allocation Plan by adding five (5) Police Officer/Recruit positions and adding one (1) Public Safety Dispatcher position within the Police Department.

9. General Services – Approval – Res. 24-___, Authorizing Amendments to the Building Official Classification in the Planning and Development Services Department.

10. General Services - Approval – Res. 24-___, Authorizing Amendme nts to the City’s Classification and Compensation Plans to Revise the Housing Program Manager Classification with a Salary Range of $9,381 to $11,403 per month, and Approval – Res. 24-___, Amending the City’s FY 23-24 Position Allocation Plan.

11. General Services – Approval – Res. 24 -___, Amending the City’s FY 2023 -2024 Position Allocation Plan by adding one (1) Fire Inspector II position within the Fire Department.

12. General Services – Approval – Res. 24-___, Authorizing Amendments to the City’s Classification Plan by Revising the Deputy City Engineer Classification in the Planning and Development Services Department.

13. Planning and Development Services – Approval – Final Acceptance for CIP 19 -11 Bullard Avenue Rehabilitation.

14. Planning and Development Services - Approval - Authorizing the City Manager or designee to execute a real property purchase agreement and associated documentation as follows: a. for approximately 3.3 acres located on Sunnyside Avenue, north of Shepherd Avenue (Partial acquisition of APN 556 -040-23). Patrick Vincent Ricchiuti, as Trustee of the Patrick Vincent Ricchiuti Family Trust and Frances Ricchiuti, Successor Trustee of the Pat and Frances Ricchiuti Charitable Trust, Owner; and b. for approximately 1.7 acres located south of Behymer Avenue, east of Willow Avenue (Partial acquisition of APN 556-010-39). P.R. Farms, Incorporated, Owner.) 3 January 08, 2024 - 4 - 1:28 PM ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.

15. Consider Adoption – Ord. 23-12, an Ordinance of the City Council of the City of Clovis Amending Sections 5.22.02 and 5.22.05 of Chapter 5.22, of Title 5 of the Clovis Municipal Code Pertaining to Definitions and Regulations for Deliveries of Medical Marijuana within the City. (Vote: 4-0-1 with Councilmember Basgall absent.)

Staff: Karey Cha, City Clerk
Recommendation: Adopt

16. Consider Approval – Request for Street Closure by Hot Rods Fresno to Hold a Car Show on April 13, 2024.

Staff: Shawn Miller, Business Development Manager
Recommendation: Approve

17. Receive and File - Results of the Kosmont Companies Analysis of the City of Clovis Development Impact Fee Program.

Staff: Andrew Haussler, Assistant City Manager
Recommendation: Receive and File

18. Consider – A request from the General Partners, Loma Vista Marketplace located at the southwest corner of Shaw and Leonard Avenues regarding access to the shopping center during the construction work on Shaw Avenue.

Staff: Thad Avery, City Engineer / David Merchen, City Planner Recommendation: Consider request and provide policy direction

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

19. Consider Approval - Res. 24-___, Awarding of Permanent Local Housing Allocation (PLHA) Afford able Housing Funds to the successful applicant, Central California Housing Corporation (dba Affordable Housing Development Corporation (AHDC)), and Better Opportunities Building, Inc. (B.O.B.), in the amount of up to $1,481,281, for the development of affordable senior rental housing units.

Staff: Claudia Cazares, Management Analyst
Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS

4 January 08, 2024 - 5 - 1:28 PM CLOSED SESSION - A “closed door” (not public) City Council meeting, allowed by State law, for consideration of pending legal matters and certain matters related to personnel and real estate transactions.

20. Government Code Section 54956.9(d)(1)
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Case Name: Desiree Martinez v. City of Clovis, et al., Case No. F082914

RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION

ADJOURNMENT

FUTURE MEETINGS

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

Jan. 16, 2024 (Tue.)
Feb. 5, 2024 (Mon.)
Feb. 12, 2024 (Mon.)
Feb. 20, 2024 (Tue.)

5 6
AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

Page 1 of 5 ends

CLOVIS CITY COUNCIL MEETING

December 11, 2023 6:00 P.M. Council Chamber

Meeting called to order by Mayor Ashbeck at 6:01
Flag Salute led by Councilmember Pearce

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

Absent: Councilmember Basgall

6:03 ITEM 11 - APPROVED – APPOINTMENTS TO THE YOUTH COMMISSION.

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

Motion carried 3-0-1-1 with Councilmember Basgall absent and Councilmember Mouanoutoua abstaining.

Paul Garcia, resident, commented in support of the Youth Commission.

Vong Mouanoutoua, resident, commented in support of the Youth Commission.

Bee Yang, resident, commented in support of the Youth Commission.

Alda, resident, commented in support of the Youth Commission.

Daphne Goldberg, resident , commented on her sister’s participation in the Youth Commission.

PUBLIC COMMENTS – 6:23

Tobie Anderson, shared concerns regarding an RV business operation in Clovis.

Gina Martinez, resident, shared concerns regarding homeless camps new Second Street and Minnewawa.

Resident, shared concerns regarding illegal dumping near Harlan Ranch.

Paul Garcia, residents, commended the Police Department for their work and shared concerns regarding potholes throughout the city.

Marcus DiBudio, shared concerns regarding the lack of clarity of the deadlines to submit written comments for public hearing items on the agenda.

7 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 2 of 5 ends

CONSENT CALENDAR – 6:51

Motion by Councilmember Bessinger, seconded by Councilmember Mouanoutoua, that the items on the Consent Calendar, with the exception of item 2, be approved. Motion carried 4 -0-1 with Councilmember Basgall absent.

1. Administration - Approved - Minutes from the December 4, 2023, Council Meeting.

3. Administration - Received and Filed – Economic Development Corporation Serving Fresno County Quarterly Report, July - September 2023.

4. Finance – Received and File d – Status Report of Community Facilities Distri ct 2004 -1 Revenues and Expenditures.

5. Planning and Development Services – Approved – Final Acceptance for CIP 17 -13 Nees Avenue Widening Minnewawa Avenue to Clovis Avenue.

6. Planning and Development Services – Approved – Final Acceptance for CIP 21-11 Fowler Avenue Street Rehabilitation.

6:53 ITEM 2 - ADMINISTRATION – APPROVED - 2024 STREET CLOSURE REQUESTS; AND APPROVED – RES. 23-109, DECLARING CERTAIN EVENTS AS OLD TOWN SPECIAL

EVENTS AND SETTING P RECISE BOUNDARIES FO R THOSE OLD TOWN SPE CIAL EVENTS.

Cora Shipley, BOOT representative, requested for the City Council to pull Item 2 and not approve the April Water Car Show due to concerns with too many Saturday road closures in April. She requested that the car show be moved to a Sunday or to a different month in the year.

Patrick Evans, Fresno Hot Rod representative, spoke in support of the Water Tower Car Show on the Saturday in April.

Cody Clem, resident, shared concerns about having two similar car shows too close together.

Motion to approve the street closure request for certain events declared as Old Town Special Events with the exception of the April Water Tower Car Show by Councilmember Bessinger, seconded by Councilmember Pearce. Motion carried 4-0-1 with Councilmember, Councilmember Basgall absent.

PUBLIC HEARINGS – 7:25

7:25 ITEM 7 - APPROVED INTRODUCTION – ORD. 23-12, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING S ECTIONS 5.22.02 AND 5.22.05 OF CHAPTER 5.22, OF TIT LE 5 OF THE CLOVIS M UNICIPAL CODE PERTAI NING TO

DEFINITIONS AND REGU LATIONS FOR DELIVERI ES OF MEDICAL MARIJU ANA WITHIN THE CITY.

8 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 3 of 5 ends

Jeni-Ann Kren, resident, shared concerns regarding possible legal action against the City should the City have a non-complying municipal code.

Resident, encouraged the Council to enforce additional regulations on the delivery of marijuana in the city.

Motion to approve the introduction of the ordinance and direct staff to report back with an update on options to regulate by Councilmember Bessinger, seconded by Councilmember Mouanoutoua. Motion carried 3-1-1 with Councilmember Pearce voting no and Councilmember Basgall absent.

7:52 ITEM 8 - CONTINUED INTRODUCTION – ORD. 23-XX, AN ORDINANCE OF TH E CITY COUNCIL OF THE CITY OF CLOVIS AMENDING S ECTIONS 5.29.102, 5. 29.203, AND

5.29.301 OF CHAPTER 5.29, OF TITLE 5 OF THE CLOVIS MUNICIPAL CODE

PERTAINING TO DEFINITIONS AND REGU LATIONS RELATING TO MULTIPLE RESPONSES TO NUISANCE VIOLATIONS.

Motion to continue item to a date uncertain by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried 4-0-1 with Councilmember Basgall absent.

7:53 ITEM 9 - CONTINUED ITEMS ASSOCIATED WI TH APPROXIMATELY 155 ACRES OF LAND LOCATED ON THE NORTH SIDE OF SHEPHE RD AVENUE, BETWEEN N .

SUNNYSIDE AND N. FOW LER AVENUES. GREAT B IGLAND, LP., OWNER/ APPLICANT; HARBOUR AND ASSOCIATES, REPRESENTATIVE.

9A. CONSIDER APPROVAL - RES. 23 -XX, A RESOLUTION OF TH E CLOVIS CITY COUNCIL: (1) CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SHEPHERD NORTH PROJE CT; (2) ADOPTING CEQ A FINDINGS OF FACT A ND A STATEMENT OF OVERRIDING CONSIDERATION; AND (3) ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM.

9B. CONSIDER APPROVAL – RES. 23 -XX, A RESOLUTION OF TH E CLOVIS CITY COUNCIL APPROVING A REQUEST TO EXPAND TH E CITY’S SPHERE OF INFLUENCE TO INCLUDE APPROXIMATELY 155 ACRES OF LAND.

9C. CONSIDER APPROVAL - RES. 23 -XX, GPA2021 -006, A RES OLUTION OF THE

CLOVIS CITY COUNCIL APPROVING A REQUEST TO AMEND THE CIRCULA TION

ELEMENT OF THE GENER AL PLAN TO ALLOW FOR THE PLACEMENT OF A

SHEPHERD AVENUE ACCESS POINT ON THE NORTH SIDE OF SHEPHERD AVENUE, BETWEEN N. SUNNYSIDE AND N. FOWLER AVENUES.

9D. CONSIDER APPROVAL - RES. 23 -XX, GPA2021 -005, A RES OLUTION OF THE

CLOVIS CITY COUNCIL APPROVING A REQUEST TO AMEND THE LAND US E

ELEMENT OF THE GENER AL PLAN FOR THE DEVE LOPMENT AREA
9 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 4 of 5 ends

(APPROXIMATELY 77 AC RES) FROM THE RURAL RESIDENTIAL LAND USE

DESIGNATION TO THE MEDIUM -HIGH DENS ITY RESIDENTIAL LAND USE DESIGNATION.

9E. CONSIDER INTRODUCTION - ORD. 23-XX, R2021-009, AN ORDINANCE OF THE

CLOVIS CITY COUNCIL APPROVING A REQUEST TO PREZONE PROPERTY WITHIN THE DEVELOPMENT AREA (APPROXIMATELY 77 A CRES) OF THE PROJE CT SITE FROM THE FRESNO COUNTY AL20 ZONE DISTRICT TO THE CLOVIS R-1-PRD ZONE DISTRICT.

9F. CONSIDER APPROVAL - RES. 23-XX, TM6205, A RESOLUTI ON OF THE CLOVIS

CITY COUNCIL APPROVI NG A REQUEST TO APPR OVE A VESTING TENTAT IVE TRACT MAP FOR A 605 -LOT SINGLE -FAMILY PLANNED RESIDEN TIAL DEVELOPMENT.

9G. CONSIDER APPROVAL - RES. 23 -XX, PDP2021 -004, A RES OLUTION OF THE

CLOVIS CITY COUNCIL APPROVING A REQUEST TO APPROVE A PLANNED DEVELOPMENT PERMIT F OR A 605 -LOT SINGLE -FAMILY RESIDENTIAL DEVELOPMENT.

9H. CONSIDER A PPROVAL - RES. 23-XX, RO307, A RESOLUTIO N OF THE CLOVIS

CITY COUNCIL APPROVI NG APPLICATION FOR T HE ANNEXATION OF THE

TERRITORY KNOWN AS T HE SHEPHERD -SUNNYSIDE NORTHEAST
REORGANIZATION FOR THE DEVELOPMENT AREA (APPROXIMATELY 77 ACRES).

9I. CONSIDER APPROVAL - RES. 23 -XX, A RESOLUTION OF TH E CLOVIS CITY COUNCIL APPROVING AN AMENDMENT TO THE 20 17 AMENDED AND RESTA TED

MEMORANDUM OF UNDERS TANDING BETWEEN THE COUNTY OF FRESNO AND

CITY OF CLOVIS REGAR DING A SPHERE OF INF LUENCE EXPANSION TO ADD APPROXIMATELY 155 ACRES AND THE STANDARDS OF ANNEXAT ION TO ADDRESS THE ANNEXATI ON OF APPROXIMATELY 77 ACRES OF PROPERTY (SHEPHERD-SUNNYSIDE NORTHEAST REORGANIZATION).

Josh, shared that the County will begin a traffic study testing the speed of traffic on Sunnyside Ave.

Michelle Lung, shared concerns regarding traffic and requested for the Council to postpone this item until February.

Hector, Fresno County representat ive, shared that the County is just beginning the assessment of traffic.

10 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 5 of 5 ends

Motion to continue to the January 16, 2024, City Council meeting by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried 4-0-1 with Councilmember Basgall absent.

COUNCIL ITEMS – 8:02

8:02 ITEM 10 - APPROVED – SECOND AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT.

Motion for approval by Councilmember Bessinger, seconded by Councilmember Mouanoutoua. Motion carried 4-0-1 with Councilmember Basgall absent.

CITY MANAGER COMMENTS – 8:03

COUNCIL COMMENTS – 8:04

ADJOURNMENT

Mayor Ashbeck adjourned the meeting of the Council to January 8, 2024.

Meeting adjourned: 8:09 p.m.

______________________________ ________________________________ Mayor City Clerk
11 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: Administration
DATE: January 8, 2024
SUBJECT: Administration - Approval - Res. 24 -___, Authorizing submittal of the Cottages at Magnolia Crossing development funding application to the Fresno Council of Governments, in the amount of $1 million, as the City of Clovis application for REAP 2.0 Program Funds.

ATTACHMENTS: 1. Resolution

2. Site Plan

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) within the preceding 12 months (Government Code 84308).

RECOMMENDATION
Approve the submittal of a funding application in the amount of $1 million to the Fresno Council of Governments (FCOG) for the Cottages at Magnolia Crossings, a 7 -unit low-income senior supportive housing development.

EXECUTIVE SUMMARY
The Fresno COG is the recipient of $13 million in Regional Early Action Planning Grant 2021 Program funds. As a member agency, the City of Clovis is eligible to partner with a developer to submit an application for funding. The application deadline was on December 15, 2023, and staff submitted a conditional application at that time, for the Cottages at Magnolia Crossings in the amount of $1 million in REAP 2.0 program funds , proposed to be developed by Innovative Development and Living Solutions of Californ ia (IDLS) . City Council approval is required to complete the City’s funding application.

BACKGROUND
The 2021 State of California Comeback Plan under AB 140 provided for $600 million in state general funds for the implementation of the REAP 2.0 Program. REAP 2.0 is a flexible program that proposes to accelerate progress towards meeting state housing goals and climate commitments through a strengthened partnership between the state, its regions, and local entities.
12 AGENDA ITEM NO. 4.

Fresno COG was a recipient of $13 milli on in REAP 2.0 Program Funds to further the goals of the program by awarding funds to all FCOG partner agencies and their eligible subconsultants/partners. Eligible activities will increase housing supply at all affordability levels, affirmatively further fair housing (AFFH), and facilitate the implementation of adopted regional and local plans to achieve these goals. FCOG published a Request for Proposals on October 1, 2023. The deadline for submittal of funding applications was December 15, 2023.

City staff proposes to partner with Innovative Development and Living Solutions of California (IDLS), the owner of Magnolia Crossing, for the REAP 2.0 eligible funding application referred to as Cottages at Magnolia Crossing. This low-income senior living project will provide 7 cottage type homes to be developed at the southern portion of the property located at Sierra Avenue just west of the HWY 168 overcrossing (see Attachment 2 – proposed Site Plan).

The REAP 2.0 application was submitted on December 15, 2023, as was required, and is contingent on City Council approval of this request and approval of the attached Resolution. The application requested $1 million in REAP 2.0 Program funds. If the City Council does not approve this application for funds, the City’ s conditional funding application will be withdrawn, and the program funds will not be obtained for this proposed project.

If REAP 2.0 funds are granted to the Cottages at Magnolia Crossing, staff will return to Council for review and approval of any development agreement(s) needed.

FISCAL IMPACT
There is no fiscal impact to the 2023 -2024 Clovis City Budget. If awarded funds, the City will propose an amendment to the appropriate Budget in the amount of the REAP 2.0 award.

REASON FOR RECOMMENDATION
The Cottages at Magnolia Crossing is a viable and important development for the increase of affordable housing units using REAP 2.0 Program funds.

ACTIONS FOLLOWING APPROVAL
If awarded funds, the City will propose an amendment to the appropriate Budget in the amount of the REAP 2.0 award, and request Council approval of any required Development Agreements.

Prepared by: Claudia Cazares, Management Analyst

Reviewed by: City Manager AH

13 AGENDA ITEM NO. 4.

Attachment 1
RESOLUTION 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS AUTHORIZING

SUBMITTAL OF THE COTTAGES AT MAGNOLIA CROSSING DEVELOPMENT

FUNDING APPLICATION TO THE FRESNO COUNCIL OF GOVERNMENTS AS THE SELECTED APPLICATION FOR REAP 2.0 PROGRAM FUNDS

WHEREAS, the State of California allocated $600 million from State General funds for the Regional Early Action Planning Grant Program 2021 funds (otherwise referred to as “REAP 2.0”), which proposes to integrate Housing and climate goals to allow for broad er planning and implementation investments that support Housing development; and

WHEREAS, the Fresno Council of Governments (F resno COG) as a Metropolitan Planning Organization is the recipient of $13,000,000 of REAP 2.0 Program funds, which was released for applications under a Request for Proposals dated October 1, 2023; and

WHEREAS, on December 15, 2023, City staff conditionally submitted an application for REAP 2.0 program funding for a 7-unit senior housing project known as Cottages at Magnolia Crossing proposed to be developed by Innovative Development and Living Solutions of California (IDLS); and

WHEREAS, the REAP 2.0 application requires the government body approve a resolution authorizing submittal of the application for Program funding.

NOW, THEREFORE, BE IT RESOLVED that the City of Clovis authorizes the submittal of a $1, 000,000 REAP 2.0 Program funding application to Fresno COG, for the Cottages at Magnolia Crossing senior affordable housing project; and

BE IT FURTHER RESOLVED, the City of Clovis City Manager, or his designee, is authorized to sign and execute all materials needed for the program application, implementation, and administration of REAP 2.0 Program funds.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on January 8, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: January 8, 2024

_______________________________ _____________________________ Mayor City Clerk
14 AGENDA ITEM NO. 4.

Cottages at Magnolia Crossing
Site Plan
A
B
A
A
A
B
B
B
B
Attachment 2 15
AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: General Services Department
DATE: January 8, 2024
SUBJECT: General Services – Approval - Claim Rejection of the General Liability Claim of Jerry Egger.

ATTACHMENTS: None

RECOMMENDATION
Reject the General Liability Claim filed by Jerry Egger.

EXECUTIVE SUMMARY
Jerry Egger (claimant) filed a General Liability Claim against the City of Clovis on December 4, 2023, regarding an alleged illegal seizure of Bitcoin currency and other personal property by Clovis officers. Mr. Egger seeks reimbursement for loss of proper ty and punitive damages. It is recommended that the claim be rejected at this time.

BACKGROUND
On December 4, 2023, an amended General Liability Claim was filed against the City of Clovis by Jerry Egger. The amended claim was considered legally sufficient and timely. Mr. Egger alleged that on September 5, 2023, the Clovis Police Department illegally searched and seized his private property without cause.

Mr. Egger estimated the market value of all property seized was in excess of $14,000,000. The claim has been filed as a “civil unlimited case”.

FISCAL IMPACT
Rejection of the claim does not result in any fiscal impact.

16 AGENDA ITEM NO. 5.

REASON FOR RECOMMENDATION
It is recommended that the claim be rejected. The City’s liability is disputed, and although the claim is legally sufficient, the amount of the alleged damages sustained by the claimant may also be dispu ted. Rejecting the claim and sending notice of rejection in accordance with the Government Claims Act will commence the time in which claimant may file a lawsuit against the City based on the claim.

ACTIONS FOLLOWING APPROVAL
A letter will be sent to the claimant informing him that the claim has been rejected.

Prepared by: Charles W. Johnson, Management Analyst

Reviewed by: City Manager AH

17 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: General Services Department
DATE: January 8, 2024
SUBJECT: General Services – Approval – Res. 24-___, 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 24-___ Classification Plan

RECOMMENDATION
For City Council to approve a resolution 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.

EXECUTIVE SUMMARY
The classifications of Information Technology Technician, Information Technology Specialist, Senior Information Technology Specialist, Information Technology Analyst, and Senior Information Technology Analyst require updates to the education and experience section to recruit additional job applicants for the Division. Also, minor revisions are necessary to coincide with the current technology requirements of the positions. Modification of the City’s Classification Plan require City Council’s approval.

BACKGROUND
An analysis conducted on the Information Technology (IT) classifications identified a need for updates in the education and experience sections of job descriptions to accurately reflect the minimum qualifications necessary for success in those positions. These adjustments aim to broaden the pool of potential candidates for these roles. The dynamic nature of technology, 18 AGENDA ITEM NO. 6.
which is constantly evolving, was recognized as a factor necessitating regular updates to job descriptions within the Information Technology Division. Specifically, both the Information Technology Technician and the Information Technology Spec ialist classifications are undergoing revisions to align with knowledge of modern equipment and practices, eliminating outdated technologies from the job description.

The revisions have been reviewed and approved by the Confidential Technical and Financi al Professionals (CTFP) bargaining unit. Revisions to these classifications are included in Attachment A of Attachment 1.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
All the positions listed will be revised in order to update the education and experience requirements for recruiting purposes and additional updates will be made to reflect the current Information Technology terminology.

ACTIONS FOLLOWING APPROVAL
The City’s Classification Plan will be updated to include the revised classifications.

Prepared by: Lori Shively, Deputy General Services Director

Reviewed by: City Manager AH

19 AGENDA ITEM NO. 6.

RESOLUTION 24-

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 it is necessary to updat e the Information Technology Technician, Information Technology Specialist, Senior Information Technology Specialist, Information Technology Analyst, and Senior Information Technology Analyst classifications to support the needs of the Information Technology Division; and

WHEREAS, amendments to each of the classifications’ education and experience requirements are necessary in order to accurately depict the curren t job requirements; and

WHEREAS, amendments to the classifications terminology to align with the knowledge of modern equipment and practices are necessary to keep up with updates in technology; 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 Tec hnology 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 January 8, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: January 8, 2024

___________________________ __________________________ Mayor City Clerk

Attachment 1
20 AGENDA ITEM NO. 6.

City of Clovis

INFORMATION TECHNOLOGY TECHNICIAN

DEFINITION
Under supervision, perform work involving entry -level technical skills in the operation of information technology support. Install, configure, troubleshoot, and maintain computer hardware, software, and peripheral equipment including printers and copiers ; provi de technical assistance to users; perform administrative functions associa ted with information technology; and perform 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 and other peripheral equipment. 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
Provide technical support for computer systems; install, configure and maintain computer equipment; load, tune, configure, and upgrade fixed and mobile technology systems; troubleshoot, diagnose and resolve computer p roblems; prepare and maintain inventory of hardware and software; maintain a record of work activities including installation, repair, maintenance, replacement, and testing of computer hardware and software; maintain system documentation; maintain current and accurate files; perform preventative maintenance of equipment; follow schedule of system activity and process application and service requests; operate city vehicles; and perform related work as required.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid California Driver’s License and a good driving record.

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.  Associate’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.  In addition to required experience, additional experience may be substituted for the required education on a year-for-year basis with thirty semester units equaling one year of experience.

Attachment A

21 AGENDA ITEM NO. 6.

Experience:
 Two (2) years of work experience providing technical phone and computer system support and office support.
 Two (2) years of work experience providing technical, phone, and computer system support.

QUALIFICATIONS
Knowledge of:
 Principles and practices of computer 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;  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
 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.

22 AGENDA ITEM NO. 6.

City of Clovis

INFORMATION TECHNOLOGY SPECIALIST

DEFINITION
Under general supervision, perform 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 meet the needs of the organization; produce a wide variety of documents and work products; and perform related work as required.

CLASS CHARACTERISTICS
Incumbents in this classification perform journey -level technical work and the primary aspects of the position are characterized by the responsibility to operate, troubleshoot, and repair computer and network systems. Incumbents are also responsible for t raining 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 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.

EXAMPLES OF DUTIES
Exhibit proficiency in the use of the City’s standard database, word -processing and spreadsheet applications; setup, troubleshoot and repair network, personal computers, and peripherals; train staff in all phases of computer operation and program applications; manipulate data and information to ensure proper equipment and software operation; install and maintain software and hardware; establish and maintain system software and hardware standards; maintain telephone hardware, software, and data/voice communication equipment; determine priorities of requested work to ensure completion in appropriate order; advise users of appropriate applications of computers and programs; recommend and order 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 software library and licenses; purge files; maintain an up-to-date index of subject matter; operate city vehicles; lend technical support to clerical staff; and perform related duties as assigned.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid California driver’s license and a good driving record.

23 AGENDA ITEM NO. 6.

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.  Associate’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.  In addition to required experience, additional experience may be substituted for the required education on a year-for-year basis with thirty semester units equaling one year of experience.

AND

Experience:
 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 Specialist classificatio n upon meeting all the following qualifications:
o Minimum of step 4 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+;
 MCA.

QUALIFICATIONS
Knowledge of:
 Advanced computer applications such as the Microsoft Office Professional Suite Current Microsoft Office products 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;  Principles of Voice Communications including Voice over Internet Protocol (VoIP), cabling and unified communications;
 Project management techniques and concepts;
24 AGENDA ITEM NO. 6.

 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

25 AGENDA ITEM NO. 6.

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 core 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 w ide 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 for 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 instruction when tasks are assigned and have some latitu de 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 recommend 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 completion 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.

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. 26 AGENDA ITEM NO. 6.

 Associate’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.  Four (4) year degree is desired

AND

Experience:
 Three (3) years of work experience 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 and 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.

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; 27 AGENDA ITEM NO. 6.

 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

28 AGENDA ITEM NO. 6.

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
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 administration, 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
Provide systems support for the City’s communications and network infrastructure; develop, design, test and implement computer applications and systems; analyze, 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 perform related work as required. This class 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:
 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

29 AGENDA ITEM NO. 6.

Experience:
 Three (3) years of inform ation technology experience, preferably administering Windows servers, Cisco networks, Virtualization or Geographic Information Systems in an enterprise environment.
 A maximum of two years of qualifying experience, in addition to the three years required, may be substituted for the required education with thirty semester units equaling one year of experience.

 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 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 appointing authority.
o Incumbent to notify Personnel to request testing.

Certifications Desirable:
 Comptia Server+;
 Cisco CCT;
 MCSA;
 VCA DCV.

QUALIFICATIONS
Knowledge of:
 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 and 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 including Public Safety Computer Aided Dispatching, municipal finance applications, records management and geographic mapping systems;
 Principles of systems security.

30 AGENDA ITEM NO. 6.

Ability to:
 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.

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;  Positions in this class may be designated as confidential under Meyers-Millas Brown Act.

31 AGENDA ITEM NO. 6.

City of Clovis

SENIOR INFORMATION TECHNOLOGY ANALYST

DEFINITION
Under general supervision provides a wide range of professional, technical support services to city 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 city staff in designing, instal ling, 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 an d policies. The incumbent has some independence in selecting work methods or procedures.

EXAMPLES OF DUTIES
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 applications and systems; analyze, evaluate and recommend enhancements to city -wide and department related systems; prepare technical and administrative repo rts; 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 agencies; plans, installs configures, tests and troubleshoots servers, electronic mail, intranet/internet access, anti -malware and other system security infras tructure; operate city vehicles; and perform related work as required. Incumbents in this class may provide lead direction to other team members but do not possess supervisory responsibilities.

32 AGENDA ITEM NO. 6.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid and appropriate California Driver's License and a good driving record.

EDUCATION AND EXPERIENCE

Education:
 Bachelor's Degree from an accredited college or university with major course work in Computer Science, Information Technology, Applied Technology, Business Administration, Geographic Information Systems, or a closely related field.

AND

Experience:
 Four (4) years of progressively responsible information technology experience, preferably administering Windows servers, Cisco networks , Virtualization, Network Storage Systems or Geographic Information Systems in an enterprise environment.

Certifications Desirable:
 CCNA;
 MCSA;
 VCP5-DCV;
 ESRI Certified Enterprise Administration Associate.

QUALIFICATIONS
Knowledge of:
 Converged data, v oice, 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 net works 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 finan ce 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.

33 AGENDA ITEM NO. 6.

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.

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.

34 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Police Department
DATE: January 8, 2024
SUBJECT: Police - Approval – Res. 2 4-___, Authorizing the City Manager to Execute a M emorandum of Understanding and Grant Cooperative Agreement with the City of Fresno and the Fresno Police Department ; and amend the Police Department Budget to reflect the award of a $6,068,700.00 grant.

ATTACHMENTS: 1. Res. 24- __

2. Memorandum of Understanding

RECOMMENDATION
For the City Council to approve a resolution authorizing the City Manager to execute a Memorandum of Understanding and Grant Cooperative Agreement with the City of Fresno and the Fresno Police Department and approve a resolution amending the Police Department budget to reflect the grant award of $6,068,700.00.

EXECUTIVE SUMMARY
The Clovis Police Department and the Fresno Police Department partnered to apply for t he Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Grant.

After a competitive grant application process, the police department has been awarded funding to address increasing retail theft crime in the City of Clovis and the Central Valley. This three- year grant will allow the police department to address the rising incidents of retail theft, vehicle theft, and vehicle accessory theft. Funds awarded through this grant will allow the Clovis Police Department to implement advanced surveillance technology and establish community education and awareness about organized retail theft. This funding will also provide resources to allow for high-impact enforcement details, more comprehensive investigations of retail theft and vehicle theft crimes, and the necessary infrastructure to support intelligence systems that will provide shareable data to our regional partners.

35 AGENDA ITEM NO. 7.

BACKGROUND
In September of this year, the B SCC approved nearly $270 million in grant funding to 38 law enforcement agencies to address the rising incidents of organized retail crime throughout the state. To address this issue regionally and secure more of this funding, the Clovis Police Department partnered with the Fresno Police Department to create the Fresno Metropolitan Area Organized Retail Theft Task Force. This partnership and the grant award will provide the City of Clovis with the needed resources to address rising retail and vehicle theft and protect public safety and our community. As a recipient of this grant, the department will establish a specialized task force dedicated to the detection, prevention, and prosecution of individuals and networks involved in organized theft.

FISCAL IMPACT
Approval and execution of the MOU will provide grant funding of $ 6,068,700.00. These funds will be used to support the BSCC grant program objective to provide funding for staff and eligible costs incurred by the department. A resolution amending the police department budget is required. A Summary of Expenditures is attached to the Resolution.

REASON FOR RECOMMENDATION
A resolution from the City Council authorizing the City Manager and the Chief of Police to enter into an agreement with the City of Fresno is required. Approval to amend the FY 202 3-2024 Police Department Budget to reflect the award of $6,068,700.00.

ACTIONS FOLLOWING APPROVAL
Staff will submit the approved resolution and execute the agreement. Pending Council’s approval, the 2023-2024 Police Department Annual Budget will be amended as described.

Prepared by: Sandi Macy, Management Analyst

Reviewed by: City Manager JH

36 AGENDA ITEM NO. 7.

ATTACHMENT 1
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

AUTHORIZING THE CITY MANAGER TO EXECUTE THE BSCC MEMORANDUM OF UNDERSTANDING AND GRANT AGREEMENT AND AMEND THE 2023-2024 POLICE

DEPARTMENT BUDGET

WHEREAS, the City Council of the City of Clovis approved the 202 3-2024 Budget on May 15, 2023; and

WHEREAS, the Police Department has been awarded $6 ,068,700 from the Board of State and Community Corrections in cooperative agreement and partnership with the City of Fresno Police Department for the Metropolitan Area Organized Retail Theft Grant Program; and

WHEREAS, the Clovis Police Department desires to participate in the Fresno Metropolitan Area Organized Retail Theft Task Force; and

WHEREAS, the program is intended to enhance the collaborative effort between the Fresno Police Department and the City of Clovis Police Department in the implementation of the Fresno Metropolitan Area Organized Retail Task Force with the intent to work to towards the mutual goals and objectives set forth by the BSCC; and

WHEREAS, the City Council determines this agreement and expenditures are necessary.

NOW, THEREFORE, BE IT RESOLVED that the City of Clovis hereby authorizes the City Manager to execute a Memorandum of Understand and Grant Agreement with the City of Fresno, Fresno Police Department; and

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Clovis that the 2023-2024 Budget be amended as provided in Attachment A, “Summary of Expenditures.”

* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on January 8, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk
37 AGENDA ITEM NO. 7.

ATTACHMENT A

SUMMARY OF EXPENDITURES BY DEPARTMENT

DEPARTMENT

POLICE $6,068,700
TOTAL DEPARTMENT $6,068,700

SUMMARY OF EXPENDITURES BY FUND

GENERAL FUND $6,068,700
TOTAL FUND $6,068,700

All expenditures will be out of the grant budget 56300.

38 AGENDA ITEM NO. 7.

MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF FRESNO and THE CITY OF CLOVIS
BSCC Organized Retail Theft Prevention Grant Program
This Memorandum of Understanding (Agreement), which incorporates Board of State and Community Corrections (BSCC) project number BSCC 1153-23 including Certifications and Assurances, is made and entered into this. day of _____ , 2024, by and between the City of Clovis, acting by and through its governing body, the City Council ("CLOVIS"), and the City of Fresno, acting by and through its governing body, the City Council ("CITY"), witnesseth:

WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs/allocation of funds is dictated by the BSCC Organized Retail Theft Prevention Grant Program (hereinafter referred to as the "Program") award documents, and compensates the performing party for the services or functions under this Agreement; and
WHEREAS, the Program is intended to enhance the collaborative effort between the Fresno Police Department and the City of Clovis Police Department in the implementation of the Fresno Metropolitan Area Organized Retail Task Force with the intent to work together towards the mutual goal of creating a collaborative task force with the primary objective of combating and aggressively prosecuting Organized Retail Theft (ORT) offenders; and
WHEREAS, the CITY, and CLOVIS agree to comply with all requirements of the Program, in accordance with all applicable statutes, regulations, 0MB circulars, and guidelines; and
WHEREAS, the CITY and CLOVIS believe that implementation of the Program as described herein will further the above goal, and to this end agree to coordinate reference herein.

NOW THEREFORE, in consideration of the above recitals which are contractual in nature, and of the mutual promises contained herein, the CITY and CLOVIS agree as follows:

Section 1.

The CITY and CLOVIS have agreed that the CITY will act as Fiscal Agent for purposes of the BSCC Organized Retail Theft Prevention Grant Program. The CITY and CLOVIS have agreed neither party will seek costs associated with administering Program funds. Contingent upon funding being available, CITY agrees to allocate funding to CLOVIS in the amount of $3,180,098 for year one (Fiscal Year 2024-2025), $1,647,979 for year two (Fiscal Year 2025-2026), and $1,240,623 for year three (Fiscal Year 2026- 2027) during the performance period of the grant, not to exceed $6,068,700 in grant funds 1 ATTACHMENT 2 39
AGENDA ITEM NO. 7.
2 allocated to CLOVIS throughout the three-year term of this Agreement. The allocation of grant funds to CLOVIS is further shown in Exhibit A attached hereto and incorporated herein by reference.

S
ection 2.

CITY and CLOVIS agree to use funds for the investigation and prosecution of Organized Retail Theft, catalytic convertor theft, and vehicle theft at all levels until expiration of the Program term, whereupon any unused funds shall be remitted to the State of California BSCC, consistent with Program requirements.

S
ection 3.

CITY shall indemnify, hold harmless and defend CLOVIS and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CLOVIS, CITY, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of CITY or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by CITY of governmental immunities including California Government Code section 810 et seq.

CLOVIS shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, includin g but not limited to personal injury, death at any time and property damage) incurred by the CITY, CLOVIS, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of CLOVIS or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by CLOVIS of governmental immunities including California Government Code section 810 et seq.

In the event of concurrent negligence on the part of CITY or any of its officers, officials, employees, agents or volunteers, and CLOVIS or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter.

T
his section shall survive termination or expiration of this Agreement. 40 AGENDA ITEM NO. 7.
3 Section 4.

The term of this Agreement shall begin on October 1, 2023, and shall end on June 30, 2027.

S
ection 5.

The CITY and CLOVIS agree to comply with all requirements of the FY 2024 Organized Retail Theft Prevention grant program (42 U.S.C. 3751(a)), and in accordance with all applicable statutes, regulations, Office of Management and Budget (“ OMB”) Circulars, and guidelines, including the BSCC Grant Administration Guide. CLOVIS agrees to provide the CITY, as Fiscal Agent, with all required financial reporting and quarterly programmatic reporting information no later than the thirty ( 30) days following the end of each quarter, in a format approved by the CITY.

S
ection 6.

The parties are acting in an independent capacity. Each of the parties agrees that it, including any and all of its officers, agents, and/or employees, shall have absolutely no right to employment rights and benefits available to the other party’s employees. Each party shall be solely liable and responsible for providing to, or on behalf of, its own officers, agents, and/or employees all legally and contractually required employee benefits. In addition, each party shall be solely responsible and save the other party harmless from all matters relating to payment of each party’s employees, including, but not limited to, compliance with applicable social security withholding and all other regulations governing such matters. Further , and without limitation, each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.

S
ection 7.

The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

S
ection 8.

By entering into this Agreement, the parties do not intend to create any obligations, express or implied , other than those set out herein. F urther, this Agreement shall not create any rights in any party not a signatory hereto.

S
ection 9.

Any and all notices between the parties provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to the other party, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to the party at the address provided below the signatures on this Agreement.
41 AGENDA ITEM NO. 7.
4 Section 10.

Each party shall , at any time during business hours, and as often as each party may reasonably deem necessary, make available to the other party for examination all of its records and data, with respect to the matters covered by this Agreement, for a period of three (3) years following the close-out of the 2024 Organized Retail Theft Prevention grant program or the expiration of this Agreement, whichever is later.

S
ection 11.

The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.

S
ection 12.

The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties, and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against any party, but rather by construing the terms in accordance with their generally accepted meaning.

S
ection 13.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements, negotiations, proposals, commitments, writing, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement.

S
ection 14.

Each party represents that it and the person signing on its behalf has full authority to execute and enter into this Agreement and bind the party thereto.

S
ection 15.

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, binding on the parties hereto according to its terms and conditions.

T
his Agreement is subject to approval or ratification by the approval of the Fresno City Council and the Clovis City Council, respectively. 42 AGENDA ITEM NO. 7.
5 IN W
ITNESS WHEREOF, the parties hereto have executed this Agreement in Fresno County, California as of the day and year first hereinabove written.

CITY

OF FRESNO,
a California municipal corporation
BY: _____________________________

CITY OF CLOVIS,
a California municipal corporation
BY: ___________________________
P
aco Balderrama, Chief of Police John Holt, City Manager City of Fresno Police Department City of Clovis
BY:
____________________________
Curt Fleming, Chief of Police
City of Clovis
ATTEST:

TODD STERMER, CMC
City Clerk, City of Fresno
BY: _____________________________
ATTEST:

Karey Cha
City Clerk, City of Clovis
BY: ___________________________
Deputy D ate Deputy Date

APPROVED
AS TO FORM:

ANDREW JANZ
City Attorney, City of Fresno
BY: _____________________________
APPROVED AS TO FORM:

Scott G. Cross
City Attorney, City of Clovis
BY: ___________________________
Jennifer M. Wharton Date Nam e Date
Deputy City Attorney Deputy
Addres
s: Address:

City of Fresno City of Clovis
Attn: Chief of Police Attn: Chief of Police
Fresno Police Department Clovis Police Department
2323 Mariposa Street 1233 Fifth Street
Fresno, CA 93721 Clovis, CA 93612
Att
achments:

Exhibit A – Cost Breakdown
Exhibit B – Grant Agreement
12/1/23
43 AGENDA ITEM NO. 7.
6 Exhibit A
B
SCC Organized Retail Theft Prevention Grant Program
CI

TY OF CLOVIS POLICE DEPARTMENT
P

ROGRAM BUDGET
Purpose
Budget Year One
FY 2024-2025
Budget Year Two
FY 2025-2026
Budget Year Three
FY 2026-2027
5 Sworn Officers/ 1 Crime Specialist
Salaries with benefits and employer
costs - Overtime included $1,843,446.00 $1,405,918.00 $999,051.00 VM Surveillance Project $510,000.00 $0.00 $0.00
Hardware/Server $15,105.00 $0.00 $0.00
Vehicles $375,000.00 $0.00 $0.00
Infrastructure Implementation $4,020.00 $0.00 $0.00
Connectivity $1,750.00 $875.00 $875.00
Miscellaneous Equipment and
Supplies $17,765.00 $15,765.00 $15,765.00
Computer Data System Build $56,000.00 $0.00 $0.00
Data Collection Software w/support $97,900.00 $8,500.00 $8,500.00 Infrastructure Build $40,200.00 $0.00 $0.00
Vehicle Maintenance/Fuel $6,500.00 $4,500.00 $4,000.00
ICRP $212,412.00 $212,421.00 $212,432.00
Total Annual Budget $3,180,098.00 $1,647,979.00 $1,240,623.00 Total All Budget Years: $6,068,700
44 AGENDA ITEM NO. 7.

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID:5227-BSCC- 1153-23 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 1153- 23

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME
City of Fresno Police Department

2. The term of this Agreement is:

START DATE
OCTOBER 1, 2023

THROUGH END DATE
JUNE 1, 2027

3. The maximum amount of this Agreement is:
$23,663,194.00

4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D

Special Terms and Conditions 5
Attachment 1* Organized Retail Theft Prevention Grant Program Request for Proposals * Attachment 2 Organized Retail Theft Prevention Grant Program Grant Proposal 39 Appendix A

Organized Retail Theft Grant Program Scoring Panel Roster 1 Appendix B Grantee Assurance for Non-Governmental Organizations 2 * This item is hereby incorporated by reference and can be viewed at: https://www.bscc.ca.gov/organized-retail-theft-grant-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Fresno Police Department

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
2600 Fresno Street Fresno CA 93721

PRINTED NAME OF PERSON SIGNING TITLE
Georgeanne White City Manager

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED


STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED


CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 9/28/2023
45 AGENDA ITEM NO. 7.

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EXHIBIT A: SCOPE OF WORK

1. GRANT AGREEMENT – Organized Retail Theft Grant Program This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of Fresno Police Department (hereafter referred to as the Grantee).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The Organized Retail Theft Grant Program was established in Senate Bill 154 (SB 154) (Chapter 43, Statutes of 2022). Organized Retail Theft Grant Program funds shall be used to support local law enforcement agencies in preventing and responding to or ganized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.

B. Grantee agrees to adm inister the project in ac cordance with Attachment 1: Or ganized Retail Theft Grant Program Request for Proposals (incor porated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal, which is attached and hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representativ e for administration of the Gr ant Agreement and s hall have authority to make deter minations relating to any controver sies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: Georgeanne White
Title: City Manager
Address: 2600 Fresno Street, Fresno CA 93721
Phone: 559-621-7795
Email: [email protected]
Designated Financial Officer authorized to receive warrants:

Name: Michelle Wooten
Title: Business Manager
Address: 2323 Mariposa Mall, Fresno CA 93721
Phone: 559-621-2053
Email: [email protected]
Project Director authorized to administer the project:

Name: Burke Farrah
Title: Deputy Chief of Police
Address: 2323 Mariposa M
all, Fresno CA 93721
Phone: 559-621-2301
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party.

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EXHIBIT A: SCOPE OF WORK

D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal.

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. October 1, 2023 to December 31, 2023 February 15, 2024

2. January 1, 2024 to March 31, 2024 May 15, 2024

3. April 1, 2024 to June 30, 2024 August 15, 2024

4. July 1, 2024 to September 30, 2024 November 15, 2024

5. October 1, 2024 to December 31, 2024 February 15, 2025

6. January 1, 2025 to March 31, 2025 May 15, 2025

7. April 1, 2025 to June 30, 2025 August 15, 2025

8. July 1, 2025 to September 30, 2025 November 15, 2025

9. October 1, 2025 to December 31, 2025 February 15, 2026

10. January 1, 2026 to March 31, 2026 May 15, 2026

11. April 1, 2026 to June 30, 2026 August 15, 2026

12. July 1, 2026 to September 30, 2026 November 15, 2026

13. October 1, 2026 to December 31, 2026 February 15, 2027

B. Evaluation Documents Due no later than:

1. Local Evaluation Plan April 1, 2024

2. Final Local Evaluation Report June 1, 2027

C. Other Due no later than:

Financial Audit Report June 1, 2027

Grantees that are unable to demonstrate that they are making sufficient progress toward project goals and objectives and show that funds are being spent in accordance with the Grant Agreement could be subject to a withholding of funds.

6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

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EXHIBIT A: SCOPE OF WORK

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time.

Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Organized Retail Theft Grant Program Scoring Panel from receiving funds awarded under the Organized Retail Theft Grant Program RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Organized Retail Theft Grant Program Scoring Panel roster (Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Organized Retail Theft Grant Program Scoring Panel.

B. In cases of an actual conflict of interest with a Scoring Panel member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 48 AGENDA ITEM NO. 7.

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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT
A. The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due no later than:

1. October 1, 2023 to December 31, 2023 February 15, 2024

2. January 1, 2024 to March 31, 2024 May 15, 2024

3. April 1, 2024 to June 30, 2024 August 15, 2024

4. July 1, 2024 to September 30, 2024 November 15, 2024

5. October 1, 2024 to December 31, 2024 February 15, 2025

6. January 1, 2025 to March 31, 2025 May 15, 2025

7. April 1, 2025 to June 30, 2025 August 15, 2025

8. July 1, 2025 to September 30, 2025 November 15, 2025

9. October 1, 2025 to December 31, 2025 February 15, 2026

10. January 1, 2026 to March 31, 2026 May 15, 2026

11. April 1, 2026 to June 30, 2026 August 15, 2026

12. July 1, 2026 to September 30, 2026 November 15, 2026

13. October 1, 2026 to December 31, 2026 February 15, 2027

Final Invoicing Periods*: Due no later than:

14. January 1, 2027 to March 31, 2027 May 15, 2027

15. April 1, 2027 to June 1, 2027 August 15, 2027
*Note: Project activity period ends December 31, 2026 . The period of January 1, 2027, to June 1, 2027, is for completion of Final Local Evaluation Report and financial audit only.

B. All project expenses must be incurred by the end of the project activity period, December 31, 2026, and included on the final invoice due February 15, 2027. Project expenditures incurred after December 31, 2026 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by June 1, 2027. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of January 1, 2027, to June 1, 2027, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.

D. The Financial Audit Report is due to BSCC by June 1, 2027 . Expenditures incurred for the completion of the financial audit during the period of January 1, 2027, to June 1, 2027, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

F. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 49 AGENDA ITEM NO. 7.

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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.

2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.

Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement. In no event shall changes be authorized for the Administrative Salaries and Benefits line item that would result in that item exceeding ten percent (10%) of the grant award.

3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid through Organized Retail Theft funding generated from the General Fund. The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the passage of Senate Bill 154 (Chapter 43, Statutes of 2022), also known as the California Budget Act of 2022 . It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. If Organized Retail Theft funding is reduced or falls below estimates contained within the Organized Retail Theft Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PROJECT COSTS
A. The Grantee agrees to comply with the BSCC Grant Administration Guide requirements as posted on the BSCC website (currently the BSCC Grant Administration Guide July 2020) including any updated version that may be posted during term of the grant DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 50 AGENDA ITEM NO. 7.

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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

agreement. BSCC will notify grantees whenever an updated version is posted. The BSCC Grant Administration Guide is available at:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

C. Grantee is responsible for ensuring that statements of expenditures submitted to the BSCC claim actual expenditures for eligible project costs.

D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose.

Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.

7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be gr ounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

8. PROJECT BUDGET
BSCC Budget Line Item A.

Grant Funds

1. Salaries and Benefits $15,332,935

2. Services and Supplies $1,009,516

3. Professional Services or Public Agency Subcontracts $1,671,781

4. Non-Governmental Organization (NGO) Subcontracts $0

5. Data Collection and Evaluation $75,000

6. Equipment/Fixed Assets $5,303,575

7. Financial Audit (Up to $25,000) $25,000

8. Other (Travel, Training, etc.) $245,387

9. Indirect Costs $0
TOTALS $23,663,194
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access t o such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in a ny subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. This obligation shall survive any termination of this agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 53 AGENDA ITEM NO. 7.

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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post -consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractor s shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for empl oyment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 ( https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language) are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 54 AGENDA ITEM NO. 7.

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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act ( 15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.

Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action aros e and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 55 AGENDA ITEM NO. 7.

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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Gov. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall b e subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defi ned in Section 17030 of the Business and Professions Code. (PCC 10344(e).) DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 56 AGENDA ITEM NO. 7.

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EXHIBIT D: SPECIAL TERMS AND CONDITIONS

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC is solely for the purpose of proper administration of grant funds, and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal.

C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal , documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 57 AGENDA ITEM NO. 7.

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EXHIBIT D: SPECIAL TERMS AND CONDITIONS

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the ARG Rehabilitation of Existing Property or Building Project RFP and described in Appendix B.

D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant of the project.

5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 58 AGENDA ITEM NO. 7.

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EXHIBIT D: SPECIAL TERMS AND CONDITIONS

B. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consi der a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Appendix E of the original Proposal Package).

7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in the Attachment 1: Organized Retail Theft Grant Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program Grant Proposal. Changes shall not be implemented by the project unt il authorized by the BSCC.

8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 59 AGENDA ITEM NO. 7.

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EXHIBIT D: SPECIAL TERMS AND CONDITIONS

material and substantial breach of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: Organized Retail Theft Grant Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program Grant Proposal , or approved modifications;
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in ac cordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 9.

Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division D eputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a deci sion adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30- day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Divi sion Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.

Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

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EXHIBIT D: SPECIAL TERMS AND CONDITIONS

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

10. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:

A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.

B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.

C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.

11. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 61 AGENDA ITEM NO. 7.

BSCC
Powered by Submittable
Title
City of Fresno Police
Department
by
Michelle Wooten

in
Organized Retail Theft
Prevention Grant Program
[email protected]
07/07/2023
id. 41333581
Original Submission
07/07/2023
The Organized Retail Theft (ORT) Prevention Grant Program Application is divided into five (5) sections as identified below:

Background Information Contact Information Program Information Proposal Narrative and Budget
Mandatory Attachments Each section
has a series of questions requiring a response.

Applicants will be
prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions with a red asterisk require responses.

Applicants will not be able to submit the application until all questions with a red asterisk have been completed. Applicants may reference the ORT Prevention Grant Program Proposal Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the ORT Prevention Grant Program Application. The ORT Prevention Grant Proposal Instruction Packet is available on the Board of State and Community Corrections (BSCC) website. NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.

SECTION I -

BACKGROUND

INFORMATION
This section requests information about the applicant’s name, location, mailing address, and tax identification number.

Name of Applicant
(i.e., Police
Department, Sheriff’s
Department, or
Probation
Department)
City of Fresno Police Department
Multi-Agency
Partnerships
Information (if
applicable)
Applicants may apply for funding as part of a multi-agency partnership (two [2] or more agencies). The agencies and jurisdictions comprising the collaborative application are not required to be contiguous. One (1) Lead Public Agency must be identified on behalf of the partnership.

Multi-Agency
Partnerships
Yes:

This is a Multi-Agency Partnership Application
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 62 AGENDA ITEM NO. 7.

Identification of Multi-
Agency Partners
Clovis Police Department
Fresno County Probation Department
Fresno County District Attorney's Office
Lead Public Agency
Information
All applicants are required to designate a Lead Public Agency (LPA) to serve as the coordinator for all grant activities. The LPA is a governmental agency with local authority within the applicant's city or county. The applicant may choose to fill the role of LPA itself or it may designate a department, agency, or office under its jurisdiction to serve as the LPA. The role of the LPA is to coordinate with other local government agency partners and non-governmental
organizations to ensure successful implementation of the grant program. The LPA is responsible for data collection and management, invoices, meeting coordination (virtual and/or in- person), and will serve as the primary point of contact with the BSCC.

Lead Public Agency
City of Fresno
Applicant's Physical
Address
2600 Fresno Street
Fresno
California
93721
US
Applicant's Mailing
Address (if different
than the physical
address)
n/a
Mailing Address for
Payment
P.O. Box 1271
Fresno
CA
93715-1271
US
Tax Identification
Number
94-6000338

SECTION II -

CONTACT

INFORMATION
This section requests contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Signature.

Project Director
Burke
Farrah
Project Director's
Title with
Agency/Department/Organization
Deputy Chief of Police
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 63 AGENDA ITEM NO. 7.

Project Director's
Physical Address
2323 Mariposa Mall
Fresno
California
93721
US
Project Director's
Email Address
[email protected]
Project Director's
Phone Number
+15596212201
Financial Officer
Michelle
Wooten
Financial Officer's
Title with
Agency/Department/Organization
Business Manager
Financial Officer's
Physical Address
2323 Mariposa Mall
Fresno
CA
93721
US
Financial Officer's
Email Address
[email protected]
Financial Officer's
Phone Number
+15596212053
Day-To-Day Program
Contact
Israel
Reyes
Day-To-Day Program
Contact's Title
Police Lieutenant
Day-To-Day Program
Contact's Physical
Address
2323 Mariposa Mall
Fresno
CA
93721
US
Day-To-Day Program
Contact's Email
Address
[email protected]
Day-To-Day Program
Contact's Phone
Number
+15596216107
Day-To-Day Fiscal
Contact
Anita
Villarreal
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 64 AGENDA ITEM NO. 7.

Day-To-Day Fiscal
Contact's Title
Management Analyst II
Day-To-Day Fiscal
Contact's Physical
Address
2323 Mariposa Mall
Fresno
CA
93721
US
Day-To-Day Fiscal
Contact's Email
Address
[email protected]
Day-To-Day Fiscal
Contact's Phone
Number
+15596212305
Name of Authorized
Officer
Georgeanne
White
Authorized Officer's
Title
City Manager
Authorized Officer's
Physical Address
2600 Fresno Street
Fresno
CA
93721
US
Authorized Officer's
Email Address
[email protected]
Authorized Officer's
Phone Number
+15596217795
Authorized Officer
Assurances
checked

SECTION III -

PROGRAM

INFORAMTION
This section requests a Project Title, Proposal Summary description, Program Purpose Area(s) selection, and Scope Funding Category selection.

Project Title
Fresno Metropolitan Area Organized Retail Task Force
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 65 AGENDA ITEM NO. 7.

Proposal Summary
The Fresno Police Department (FPD), Clovis Police Department (CPD), Fresno County Probation Department (FCPD), and Fresno County District Attorney's Office (FCDA) will establish the Fresno Metropolitan Area Organized Retail Task Force. This collaborative task force in the Central Valley, aims to combat and prevent ORT, vehicle thefts and catalytic converter thefts through enforcement, education, training, and the implementation of advanced technology.

By dedicating and focusing on the most prevalent offenders, the task force endeavors to effectively combat ORT and auto theft, safeguard the community, and reduce the financial and societal impact of these crimes.

PROGRAM

PURPOSE AREAS
Applicants must propose activities, strategies, or programs that address the Program Purpose Areas (PPAs) as defined on pages 5 - 8 in the ORT Prevention Grant Proposal Instruction Packet. A minimum of one (1) PPA must be selected; applicants are not required to address all three (3) PPAs. All proposed activities, strategies, or programs must have a link to the ORT Prevention Grant Program as described in the authorizing legislation and the ORT Prevention Grant Proposal Instruction Packet.

Program Purpose
Areas (PPAs):

PPA 1: Organized Retail Theft
PPA 2: Motor Vehicle or Motor Vehicle Accessory Theft
Funding Category
Information
Applicants may apply for funding in a Medium Scope OR Large Scope Category. The maximum an applicant may apply for is up to $6,125,000 in the Medium Scope category OR up to $15,650,000 in the Large Scope category. Applicants may apply for any dollar amount up to and including the maximum grant amount identified in each category. Multi-agency partnerships (determined as Medium Scope OR Large Scope) may apply for up to the maximum grant award in that category, multiplied by the number of partnering eligible applicants. For Example: Four (4) eligible applicants in the Medium Scope category may submit one (1) application for up to $24,500,000 o
$6,125,000 (Medium Scope Max) x 4 (# of Agencies) = $24,500,000 Two (2) eligible applicants in the Large Scope category may submit one (1) application for up to $31,300,000
o
$15,650,000 (Large Scope
Max x 2 (# of Agencies) = $31,300,000 Please reference pages 10-12 in the ORT Prevention Grant Proposal Instruction Packet for additional information.

Funding Category
Large Scope (Up to $15,650,000)

SECTION IV -

PROPOSAL

NARRATIVE AND
BUDGET
This section requests responses to the Rating Factors identified in the the ORT Prevention Grant Program Application Instruction Packet.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 66 AGENDA ITEM NO. 7.

Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the ORT Prevention Grant Instruction Packet (refer to pages 20-24). A separate narrative response is required for each Rating Factor as described below: The Project Need narrative may not may not exceed 6,711 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately three (3) pages in Arial 12-point font with one-inch margins on all four (4) sides and at

1.5-line spacing. The Project Description narrative may not may not exceed 11,185 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately five (5) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Organizational Capacity and Coordination narrative may not may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Evaluation and Monitoring narrative may not may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. A character counter is automatically enabled that shows the number of characters used and the remaining number of characters before the limit for each response is met. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit". Applicants will be prohibited from submitting the ORT Prevention Grant Program Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section, however as a guide, the percent of total point value for each section is provided in the ORT Prevention Grant Proposal Instruction Packet (refer to page 15).

Project Need
The Fresno Police Department (FPD), Clovis Police Department (CPD), Fresno County Probation Department (FCPD), and Fresno County District Attorney's Office (FCDA) will join forces to address Organized Retail Theft (ORT) by establishing the Fresno Metropolitan Area Organized Retail Task Force (ORT Purpose Problem Area). This task force will combat and aggressively prosecute ORT offenders. It will aid retailers in protecting their assets against ORT through enhanced enforcement, police collaboration, information sharing, training and education, and the implementation of advanced technology.

The task force will also focus on combating vehicle and vehicle accessory thefts.

In recent years, violent crime has emerged as the foremost concern for the FPD. The City of Fresno witnessed a distressing increase in shootings, setting a record for shootings of 732 and 74 murders (a 25-year high) in 2020. The following year, in 2021, there were 688 shootings, and another 74 murders. Police management prioritized violent crime, reallocating resources to address this pressing issue.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 67 AGENDA ITEM NO. 7.

District detectives received instructions to concentrate on investigating violent crime within specific violent areas.

While this
shift in focus was necessary to address the surge in violent crime, it had an adverse effect on theft investigations as many cases were not proactively investigated. The Career Criminal Auto Theft Team (CCATT) was redirected to tackle gun-related crimes. While this approach helped reduce violent crime, it also diminished the priority given to auto theft crimes. As a result, detectives assigned to ORT and the CCAT unit now face overwhelming caseloads and inadequate staffing, which reduces their capacity to effectively combat these crimes.

ORT’s have had a profound impact in our area, affecting large retail stores and small locally owned retail spaces. ORT criminals have instilled fear and frustration within the community. These thefts cause significant damage to the local economy and contribute to other crimes including robberies, assaults, and incidents of gun violence. Many ORT criminals are affiliated with gangs that employ coordinated tactics to mask their identities and swiftly carry out their crimes, sometimes using firearms. Apprehending these offenders has resulted in the recovery of stolen merchandise and the seizure of firearms, narcotics, and stolen vehicles. Disturbingly, offenders frequently exploit minors to commit these crimes, taking advantage of the lenient consequences they may face. The severity and breadth of these crimes highlight the urgent need for comprehensive measures to combat ORT and protect the community. The impact of ORT on employees has become a significant issue for retailers.

Employees face frequent threats of violence, creating a hostile and dangerous working environment.

Offenders are aware of store
policies that prevent employees from intervening during in-progress thefts, and commonly threaten employees with termination or lawsuits if the employee takes any action against the ORT criminal.

According to a 2022 survey conducted by the Loss Prevention Council, a staggering 81% of respondents stated that they did not report thefts, due to the belief that the police will not respond, investigate, or make arrests in such cases. Locally, a loss prevention manager at Kashian River Park Properties, estimates that around 90% of retail thefts at their property go unreported. This highlights the urgent need for comprehensive solutions to combat ORT, protect employees, and create an environment where reporting such incidents is encouraged and results in meaningful action. Despite under reporting, between 2018 and 2022, retailers reported 395 instances of thefts turning into violent robberies to FPD, including a 43 percent increase in commercial retail robberies from 2021 to 2022.

Between 2018 and 2022, retailers reported 482 instances of thefts qualifying as ORT. Astonishingly, the FPD observed a staggering 752% increase in ORT between 2020 and 2022.

According to the Loss
Prevention Research Council, California ranked in the 80th percentile for shrinkage losses based on data reported by national retailers in 2022. Notably, most zip codes in the Fresno metro area also fell within the 80th percentile when compared to zip codes nationwide. In California’s Central Valley, which stretches from Sacramento to Bakersfield, Fresno had the highest concentration of zip codes categorized as having "high shrinkage" according to the American DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F68 AGENDA ITEM NO. 7.

Retail Crime and Shrink & Security Initiative.

In the past five years, the residents have reported a staggering 13,900 vehicle thefts to the FPD. This equates to an average of 2,780 thefts per year or approximately 8 vehicle thefts per day within the city. During the same five-year period, residents reported 4,136 catalytic converter thefts, averaging 827 thefts per year or approximately 2 reported thefts per day.

Notably, between the years
2020 and 2022, the department saw an alarming 927% increase in catalytic converter thefts, underscoring the growing prevalence of this crime. FPD will also prioritize the Auto Theft Purpose Problem Area. CCATT has been successful in combating crime since its establishment in 2011. The team's efforts have contributed to a reduction in auto theft incidents within the city through proactive, innovative, and aggressive measures. Due to an increase in violent crime, CCATT's focus shifted to gun and violent crime offenders; auto theft investigations became a secondary priority.

To address
this issue, FPD will establish a second CCATT team, providing immediate investigation of auto thefts seven days a week. The addition of this second team will enable effective investigations into catalytic converter theft.

Though auto and accessory thefts are often
perceived as mere property crimes, the reality is that these crimes have serious consequences. The loss of a vehicle or its catalytic converter hinders citizens from carrying out simple daily tasks, such as transporting children to school, commuting to work, or attending medical appointments. To exacerbate matters, many citizens lack the financial means to cover insurance deductibles or the substantial costs of replacing a catalytic converter. Fresno citizens and retailers are impacted by ORT and auto thefts daily. Retailers are losing millions of dollars each year, and these crimes hurt our residents with inflated prices and personal losses. FPD intends to collaborate with law enforcement and retail partners to combat ORT, auto theft, and catalytic converter theft.

Project Description
The Fresno Metro area stands to gain significant benefits from the establishment of an organized retail theft task force. Our four law enforcement partners will collaborate effectively to address this issue and safeguard the local economy.

Situated centrally in California, the
Fresno Metro area is conveniently accessible via two major north- south freeways, Interstate 5 and Freeway 99. This geographic positioning makes the area vulnerable to offenders from larger metropolitan regions like the Bay Area and Southern California.

Consequently, the Fresno Metro area becomes a prime target for individuals involved in organized theft rings operating throughout the state. With 3 full-size malls and 6 major shopping centers featuring commercial anchor stores, the City of Fresno and the nearby City of Clovis cater to a surrounding population of over 1 million residents.

FPD recognizes the need to establish a coordinated response to ORT and auto/catalytic converter theft incidents, as the current lack of coordination hinders investigations. The ORT Task Force will develop a comprehensive and coordinated approach including the sharing of information and intelligence, including "hot lists" and “be on the DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 69 AGENDA ITEM NO. 7.
lookout” (BOLOs), to ensure that law enforcement and retail partners have access to the most up-to-date offender and crime pattern information.

Through the sharing of intelligence, the ORT Task Force will develop effective strategies for apprehending and prosecuting individuals involved in ORT and vehicle theft. By enhancing intelligence, collaboration, and coordination, we will strengthen investigations and drive down ORT and vehicle/catalytic converter thefts. FPD offers retail merchants the opportunity to engage in a highly successful merchant shoplift training program designed for retail store personnel. This program equips them to make quality citizen arrests, complete their own police reports, and directly submit cases to the FCDA’s for prosecution.

Retail loss prevention
personnel will expedite citizen arrests, allowing them to swiftly return to their security duties and prevent additional thefts. The program also keeps law enforcement officers available for higher priority calls.

By expanding the program to additional merchants in Fresno and Clovis, we increase engagement, effectiveness, and satisfaction of our retailers.

Our collective agencies share a common vision and recognize the crucial role of the retail industry in the California economy and workforce. Retailers, whether they are national brands or local businesses, play a vital role in driving innovation and contributing to a thriving economy. They contribute significantly to California's robust economy, which ranks as the fifth largest in the world. By prioritizing the fight against organized retail theft through the establishment of a task force, the Cities of Fresno and Clovis demonstrate their commitment to protecting retailers and supporting a strong and prosperous economy. Through collaboration and concerted efforts, our ORT Task Force will create an environment where businesses can thrive, consumers can enjoy affordable prices, and the economy can flourish. FPD will be adding three investigators to each policing district to focus on ORT at all levels. Investigators will be responsible for handling all ORT crimes, conducting follow-up investigations, and submitting cases to the District Attorney's office for prosecution. They will also expand the Merchant Retail Theft program.

Secondly, the ORT task force will target repeat offenders. By focusing on repeat offenders, we disrupt criminal operations and prevent associated crimes. The task force's concerted efforts will act as a deterrent, dismantling organized theft and auto theft networks, reducing violent crime, and curbing illegal firearms and drugs in the community. Through its targeted approach, the ORT task force will significantly contribute to maintaining public safety, safeguarding the well-being of the community, and fostering a secure environment for all residents. By effectively tackling the root causes of criminal behavior, the task force will create a safer and more prosperous Fresno Metropolitan Area.

An example of an effective implementation of an organized retail theft task force is the California Highway Patrol (CHP) Organized Retail Crime Task Force. Established in 2019, this task force has demonstrated remarkable achievements in addressing ORT. Through their efforts, the CHP Task Force worked 1,469 investigations, making 853 arrests. They have recovered $28 million in stolen DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 70 AGENDA ITEM NO. 7.
merchandise. In February 2023, California AG Rob Bonta announced the arrest of eight people involved in a statewide ORT that targeted Apple retail stores. The thefts occurred between August 2022 and January 2023 resulting in approximately $1 million dollars in losses.

Third, ORT Task Force will expand and enhance current resources available to businesses affected by retail theft. This includes educating businesses about prevention measures, sharing best intelligence, and offering the Merchant Shoplift Training program.

Such measures help businesses mitigate losses, expedite citizen arrests, keep law enforcement officers on higher-priority calls, and create a safer environment for employees and customers.

Finally, the ORT Task Force will improve coordination and information sharing among law enforcement agencies, businesses, and community members. This collaborative approach enhances the effectiveness of prevention strategies, facilitates early detection of retail theft incidents, and improves the apprehension of criminals.

The Organized Retail Theft PPA will have three components that make it an effective crime prevention and enforcement tool for the larger metro area.

1. Education
a. The Merchant Shoplift Program will educate participating merchants on the laws regarding theft and citizen arrests. The program will expedite arrest processing and will return loss prevention personnel to sales floor faster. It will also keep law enforcement officers available for higher-priority calls. b. Law enforcement partners will be trained in the use of trackers, License Plate Readers,, and intelligence sharing to prevent thefts, make arrests, and prosecute offenders.

2. Deterrence
a. With the use of technology retailers and law enforcement can help educate the public that offenders will be arrested and prosecuted.

Technology such as placing LPRs in retail centers to identify repeat offenders and direct video connectivity will be used to deter future crimes.

3. Enforcement
a. Investigation: ORT Task Force and retailers will work together to obtain proper evidence to identify individuals involved in retail theft.

FPD will assign 15 additional detectives to focus solely on the investigation of retail theft.
b. Apprehension: ORT Task Force and loss prevention officers will work together to arrest individuals involved in retail theft. c. Technology: ORT Task Force will use tracking devices, computer software, LPRs, and video surveillance systems to develop strong cases against retail theft criminals.
d. Prosecution: ORT Task Force will work with The Fresno County District Attorney’s Office to successfully prosecute retail theft offenders, including combined out-of-county cases.
e. County Probation: Fresno County Probation Department will provide enhanced supervision of chronic ORT offenders.

To address the issue of auto theft, FPD intends to establish a second CCAT team, which will dedicate its efforts to auto theft investigations DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F71 AGENDA ITEM NO. 7.
seven days a week. The addition of this second team will also enable effective investigations into catalytic converter theft.

1. Investigation/Surveillance: FPD will add a team of nine detectives and one detective sergeant to CCATT. CCATT proactively focuses on offenders involved in motor vehicle and accessory thefts, “chop shops”, and illegal sales of stolen parts.

2. Technologies: GPS trackers, drones, computer software, and surveillance equipment will be used to arrest and prosecute offenders, with a focus on re-offenders.

3. Prosecution: CCATT personnel will collaborate with the Fresno County District Attorney’s Office to successfully prosecute those involved in auto and accessory theft.

4. Probation:

The Fresno County Probation Department will provide
pre-trial GPS monitoring for pending auto and accessory cases as well as enhanced supervision.

In addition to sworn personnel, the department intends to employ two additional Police Support Services Technicians in the Records department.

These two positions will focus on processing
investigative reports related to ORT and auto theft investigations. By adding these support services technicians, the department ensures that investigative reports and related to ORT and auto theft cases are processed efficiently. The FPD’s Real Time Information Center (RTIC) will serve as the ORT hub. New hardware and software technology integrated into the RTIC can assist in the identification, location, and apprehension of ORT suspect(s). The RTIC mission is to utilize intelligence-led policing to provide real-time information sharing, quick identification, and apprehension of criminals, increasing public safety.

1. RTIC will compile and analyze data to identify suspects, crime patterns, and create “hot lists”, to share with other allied agencies and retail partners.

2. Automated License Plate Readers (ALPR): will be strategically placed around retail centers to alert RTIC personnel when suspect offenders enter a target zone. This information will be shared with law enforcement and retail partners.

3. Video Connectivity (FUSUS): FUSUS software will allow for direct video feed with a retail partner when a crime is in progress.

4. Video Connectivity Analytics (Brief Cam): This will allow RTIC personnel and investigators to condense hours of footage and search for specific video footage quickly.

PPA’s Retail Theft and PPA Motor Vehicle/Accessory Theft will have three goals and objectives.

1. The team will reduce retail theft 15% each year.

2. The team will increase participation in the Merchant Shoplift Program by 25%

3. The team will decrease auto theft 15%.

The team will actively engage in a public awareness campaign to DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 72 AGENDA ITEM NO. 7.
inform the public about the impact of organized retail theft (ORT) and vehicle thefts. Through this campaign, the team aims to educate the community about the detrimental consequences of these crimes and promote vigilance among residents. By raising awareness and encouraging the public to be proactive, the team seeks to deter potential offenders and foster community support in combating ORT and vehicle thefts.

The ORT Task Force adheres to all state and federal laws when utilizing its current surveillance and monitoring equipment. All investigative techniques will be evaluated for their necessity by the project lead. The ORT Task Force strictly prohibits the use of race as the sole purpose for any police contact. The department has a rigorous policy in place that prohibits bias-based policing, and it conducts thorough investigations into any alleged incidents related to such practices.

Project
Organizational
Capacity and
Coordination
FPD will act as the Fiscal Agent and has a proven 100% successful compliance rate on grant funding obligations. The Grants Management Unit (GMU) will be responsible for oversight of all department grant-related activities and understand fiduciary responsibilities associated with grant funds. GMU has participated in several audits over the years to demonstrate transparency and accountability for those funds. GMU will conduct annual, in-person site monitoring visits for all the funded partners to ensure compliance with the program objectives and grant guidelines. If awarded, at the end of the grant period we would implement our plan to sustain the programs with general fund contributions with the approval of the City Manager, City Council and the Mayor.

The project will be overseen by FPD Police Lieutenant Israel Reyes, who will have direct oversight over sub-grantees and lead the community and services elements in the project. He has 23 years of experience, including patrol, investigations, internal affairs, and most recently as a patrol field commander.

He will assume responsibility
for evaluation, monitoring, tracking statistical information, and fulfilling reporting requirements. Memoranda of Understanding (MOUs) will be drafted by the respective governing bodies within three months of award notification. Once the MOUs are finalized, they will be ready for implementation within six months of the grant award.

Lt. Reyes and the assigned allied agency project leads will review the implementation of the project, track its progress, and assess its overall success. Quarterly meetings will be held to discuss project- related matters and address any challenges or adjustments that may arise during the project. CPD will establish a dedicated retail theft team focused on promptly responding to crimes in progress. This team will also investigate and gather intelligence on groups that specifically target retail outlets. Additionally, the plan will deploy enhanced video surveillance and intelligence systems to strengthen the monitoring and prevention of criminal activities. By adopting these strategies, the CPD will contribute to the FPD's efforts in combating ORT and auto theft. Management Analyst (MA) Sandi Macy will be the project lead for the CPD.

She has 18 years of experience
managing and overseeing grant operations for the City of Clovis and the CPD.

She has coordinated all aspects of the CPD’s grant
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 73 AGENDA ITEM NO. 7.
activities, managing financial reporting and performance measures.

As a certified government fiscal officer MA Macy has worked with various law enforcement agencies.

FCPD will be conducting
probation contacts targeting individuals specifically convicted of felony ORC and vehicle thefts. The FCPD will implement pre-trial monitoring of individuals involved in ORT and vehicle thefts. By closely monitoring these offenders before their trials, the FCPD aims to mitigate the risk of further criminal activities and protect the community from potential harm.

FCPD is committed to supporting
the FPD in combating ORT and auto theft. Deputy Chief (DC) Probation Officer, Lori Willits will be the project lead for the FCPD.

She has over 26 years of experience in the department. Her assignments are varied and include working a Deputy Probation Officer in both the Adult and Juvenile divisions. As assistant DC she managed the Crime Victim Assistance Center, the AB 109 felony supervision unit, and the Quality Control/Program Evaluation Unit. As DC she has had oversight of the juvenile institution operations at the Juvenile Justice Campus for nearly 5 years and in September 2023 will be transitioning to the Adult Realignment Division. FCDA office plans to assign three senior investigators dedicated to prosecuting these ORT offenders. FCDA will enhance the regional Cyber and Forensic lab, utilizing it to examine digital evidence gathered during ORT and auto theft crimes to support aggressive prosecution. Chief Investigator Pat McPherson will serve as the project lead for FCDA.

He has over 37 years of law enforcement experience. Throughout his career, Chief McPherson has undertaken and overseen assignments encompassing Major Crimes/Homicide, Organized Crime Intelligence, Gangs, Public Corruption, Narcotics, Special Operations, and Violent Sexual Predators. He has actively participated in various Task Force Operations, demonstrating his abilities as an effective leader.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 74 AGENDA ITEM NO. 7.

Project Evaluation
and Monitoring
Upon notice of an award, the City of Fresno will contract with an evaluation team consisting of California State University Fresno (CSUF) Criminology Professors and graduate student assistants.

In a
process evaluation, both qualitative and quantitative research methodologies will be employed as part of a data triangulation strategy, while quantitative data analysis with statistical models will be emphasized in outcome evaluations to assess the impact of each program component.

The methodology of the process evaluation of
each program will be designed to ensure the program is implemented according to its original plan and serves the needs of the community and target populations.

To monitor the progress of program
implementations while easing the burden of administrative data collection, web-based surveys with automatic e-mail reminders to program managers will be utilized.

This system supports both
efficient data collection in a standardized format and timely descriptive analysis of program characteristics in the process evaluation.

Furthermore, qualitative research methods of field
observations and interviews of participants and program managers will become a means to uncover unexpected barriers and obstacles to program implementation; adjustments in program management will be recommended through quarterly reports and meetings. The methodology of the outcome evaluation that determines each project component's success and failure includes statistical models and innovative research designs that thoroughly and properly evaluate the impact of each program component. While the gold standard of program evaluation dictates the use of randomized experiments to conclusively infer the causal effect of intervention programs, randomized experiments are not immune from challenge, most notably an ethical issue of denying the opportunity to participate in programs for the sake of scientific studies. To overcome this limitation but maintain a high scientific standard of program evaluation, CSUF will employ a propensity score matching technique that allows the analysis of the treatment group and control group with comparable characteristics without running a randomized experiment. This allows rigorous examination of the program outcomes without compromising ethical resource principles. The propensity score analysis is an innovative but proven evaluation methodology, which was applied to evaluations of gang interventions including G.R.E.A.T. and Operation Ceasefire in Boston. When conducting propensity score analysis, CSUF will take advantage of existing program surveys/intakes previously conducted re-analyze and compare with the participants of the proposed program. The results of both process and outcome evaluations will be thoroughly documented in quarterly and Final Local Evaluation Reports. Detailed descriptions of programs will be provided as part of the process evaluation which allows critical assessment and replication of the approach in different settings.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 75 AGENDA ITEM NO. 7.

Budget Instructions
Applicants are required to submit a Proposal Budget and Budget Narrative (Budget Attachment). Upon submission the Budget Attachment will become Section 5: Budget (Budget Tables & Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Proposal Budget and Budget Narrative.

The Proposal Budget must cover the entire grant period. For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a stand-alone document on the BSCC website.

Budget Attachment
Organized-Retail-Theft-Prevention-Grant-Program-Budget-Attachment.-Combined.xlsx

SECTION V -

ATTACHMENTS
This section list the attachments that are required at the time of submission, unless otherwise noted. Project Work Plan (Appendix B) - Mandatory Grantee Assurance for Non-Governmental Organizations (Appendix D) - Mandatory Local Impact Letter(s) (Appendix E) - Mandatory Letter(s) of Commitment (Appendix F) - If Applicable Policies Limiting Racial Bias - Refer to page 9 of the Proposal Instruction Packet - Mandatory Policies on Surveillance Technology - Refer to page 9 of the Proposal Instruction Packet - If Applicable Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix G) - Mandatory Governing Board Resolution (Appendix H) - Optional
Project Work Plan (Appendix B)
Appendix_B_Project-Work-Plan-ORT-.pdf
Grantee Assurance for Non-Governmental Organizations (Appendix D) BSCC_Appendix_D_signed.pdf
Local Impact Letter(s) (Appendix E)
Appendix_E.pdf
Letter(s) of Commitment, (Appendix F)
Letter_of_Commitment_CPD.pdf
Letter_of_Commitment_FCDA.pdf
Letter_of_Commitment_FCPD.pdf
Letter_of_Commitment_-_FPD.pdf
Policies Limiting Racial Bias

6._AO-2-33-Equal-Employment-Opportunity-Plan-and-Policy_A-478447.pdf

6._Policy_402_Bias_Based_Profiling.pdf
Policies on Surveillance Technology

7._Policy_323_Pre_Planned_Tac_Operations.pdf
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 76 AGENDA ITEM NO. 7.

7._Policy_439_UAS_Operations.pdf
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix G)
BSCC_Appendix_G_signed.pdf
OPTIONAL:

Governing Board
Resolution (Appendix
H)
n/a
OPTIONAL:

Bibliography
n/a

CONFIDENTIALITY
NOTICE:

All documents submitted as a part of the Organized Retail Theft Prevention Grant Program proposal are public documents and may be subject to a request pursuant to the California Public Records Act.

The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.) DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 77 AGENDA ITEM NO. 7.

Organized Retail Theft Prevention Grant Program

Applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, process and outcome measures, activities and services, responsible parties for those activities and services, data sources and estimated timelines. Completed plans should (1) identify the project’s top goals and objectives; (2) identify how the goal(s) will be achieved in terms of the activities, responsible staff/partners, and start and end dates, process and outcome measures; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. As this grant term is for three (3) years, the Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. A minimum of one goal and corresponding objectives, process measures, etc. must be identified.

Applicants must use the Project Work Plan provided below. You will be prompted to upload this document to the BSCC-Submittable Application.

(1) Goal: > Retail Theft Reduction
Objectives (A., B., etc.) > The Fresno Metropolitan Area Organized Retail Task Force aims to reduce organized retail theft by 15 percent each year during our involvement in the grant. We will bring awareness to the public of this program and encourage reporting of this crime.

Process Measures and
Outcome Measures:

At the onset of implementing the grant, the taskforce will start with a baseline number of thefts from the previous year.

Each year of the grant, the department s will compare the previous year's statistics to determine if our efforts have been successful
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> We will collaborate with our partners and utilize enforcement measures, specifically targeting reoffenders, to arrest and prosecute. Additionally, we will assist our retail partners by providing intelligence and implementing education measures to better equip them in dealing with retail offenders.
> Fresno Police Department
Clovis Police Department
Fresno County DA
Fresno County Probation

> 01/01/2024 > 12/31/2026
List data and sources to be used to measure outcomes: >The Department will use data on arrests and case filings.

Appendix B: Project Work Plan
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 78 AGENDA ITEM NO. 7.

Organized Retail Theft Prevention Grant Program

(2) Goal: > Auto Theft Reduction
Objectives (A., B., etc.) > The Fresno Police Department and Clovis Police Department aims to reduce auto and catalytic converter thefts by 15 percent each during our involvement in the grant. We will bring awareness to the public of this program and encourage reporting of these crimes.

Process Measures and
Outcome Measures:
> At the onset of implementing the grant, the departments will start with a baseline number of auto and catalytic converter thefts from the previous year. Each year of the grant, the department will compare the previous year's statistics to determine if our efforts have been successful
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> FPD’s CCAT Team and Clovis Police Department will utilize enforcement measures, specifically targeting reoffenders, to arrest and prosecute.
> Fresno Police Department
Clovis Police Department
Fresno County DA
Fresno County Probation

01/01/2024 > 12/31/2026
List data and sources to be used to measure outcomes: > The Department will use data on arrests and case filings.

(3) Goal: > Increase in Merchant Shoplift Program
Objectives (A., B., etc.) > The Fresno Metropolitan Area Organization al Retail Task Force will engage area retailers and encourage their participation in the Merchant Shoplift Program.

Process Measures and
Outcome Measures:
> At the onset of implementing the grant, the task force will start with a baseline number of retailers participating in the merchant shoplift program. Each year of the grant, we will compare the previous year’s statistics to determine if our efforts have been successful.

Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 79 AGENDA ITEM NO. 7.

Organized Retail Theft Prevention Grant Program

> Police detectives will engage retailers in their respective areas to encourage their participation. Once merchants enroll, detectives will provide education and support to assist the retailers. Public awareness campa igns to in clude advertising on TV, radio, social media, city bus exterior, etc. to educate the public on this program and encourage them to report these crimes.
> Fresno Police
Clovis Police
Fresno County Probation

01/01/2024 12/31/2026
List data and sources to be used to measure outcomes: > The departments will keep yearly data retail partner participation.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 80 AGENDA ITEM NO. 7.

Total
$15,332,935.00
$1,009,516.00
$1,671,781.00
$0.00
$75,000.00
$5,303,575.00
$25,000.00
$245,387.00
$0.00
$23,663,194.00
Total
$10,835,520.00
$4,248,415.00
$249,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$15,332,935.00
Total
$381,141.00
$283,400.00
$344,975.00
$0.00
$0.00
$0.00
$0.00
$0.00
$1,009,516.00
TOTAL
1b. Salaries & Benefits Narrative:

FPD 24 FTE Police Officers - will be adding 3 investigators to each of the 5 policing district to focus on ORT at all levels. Investigators will be responsible for handling all ORT crimes, conducting follow-up investigations, and submitting cases to the District Attorney's office for prosecution. They will also expand the Merchant Retail Theft program. 9 detectives will be assigned to a 2nd CCATT team, providing immediate investigation of auto thefts seven days a week. The addition of this 2nd team will enable effective investigations into catalytic converter theft. Salary: $2,001,600 per year /Fringe:
$1,157,400 = $3,159,000 Yr, 1; Salary: $2,102,400 per year /Fringe: $1,177,209 = $3,279,609 Yr, 2; Salary: $2,208,000 per year /Fringe: $1,197,966 = $3,405,966 Yr. 3. 1 FTE Police Sergeant - will be assigned to supervise 2nd CCAT team. Salary: $134,800 per year /Fringe: $62,730 = $195,959 X 3 = $587,877. 2 Police Support Services Technicians – will be assigned in the Records Department. Our Records Bureau has struggled to keep up with the workload. These 2 positions will focus on processing investigative reports related to ORT and auto theft investigations. By adding these support services technicians, the department ensures that investigative reports and related to ORT and auto theft cases are processed efficiently. Salary: $97,800 per year /Fringe: $36,556 per year X 3 years $403,068.

CPD 5 FTE Sworn personnel; Tier 5 with CPOA MOU Benefits and Employer Contributions (FICA, WC, PERS, DefComp, Health Benefits, ED, CTO/Sick/Holiday buyout, and assignment pay) Estimate 5% COLA
FPD Supplies - Misc. narrative below
CPD Supplies - Misc. narrative below

1. Salaries & Benefits

4. Non-Governmental Organization (NGO) Subcontracts

6. Equipment/Fixed Assets

7. Financial Audit (Up to $25,000)

8. Other (Travel, Training, etc.)
1a. Salaries & Benefits
Description of Salaries & Benefits (% FTE or Hourly Rate) & Benefits FPD - 24 FTE Police Officers; 1 FTE Police Sergeant; 2
Police Support Technicians 100% (see narrative below)
CPD - 5 FTE Sworn Personnel; 1 FTE Public Service
Officer 100% (see narrative below)
FCPD- 8 Deputy Probation Officer - Overtime

2. Services and Supplies

3. Professional Services or Public Agencies

5. Data Collection and Evaluation

9. Indirect Costs
Organized Retail Theft Prevention Grant Program - Project Budget and Budget Narrative 44-Month Budget: October 1, 2023 to June 1, 2027
Fresno Police Department
2a. Services and Supplies
Name of Applicant:

Estimated cost based on quotes
Budget Line Item
Note: Rows 7-16 will auto-populate based on the information entered in the budget line items (Salaries and Benefits, Services and Supplies, etc.) FCPD Supplies - Misc. narrative below
Monthly overtime allocation (see narrative below)
TOTAL
Description of Services or Supplies Calculation for Expenditure Estimated cost based on quotes
FPD Standard Equipment for 24 sworn officers (uniforms, etc.) $276,538; For Police Support Technicians 2 Computers, 4 monitors (2-24" & 2-27" curved ), docking stations, and assessories for $4,819.53 Total $9,639; 2 Desk phones $250 each $500; 2 Headsets ($285.49 each) $571; CCAT 10 Tactical Vests and holsters $750 ea. $7,500 total; 2 - Search warrant entry tools - $1,000 each $2,000; 2 - Ballistic Shields $ 1,500 each $3,000; 2 Hand and Power Tools for VIN Verifications - $800 $1,600; 5 - OBD2 readers - $100 each $500; 2 - Vehicle entry tools to unlock cars $100 each $200; 25 batteries and charging stations for Panasonic Equip. ($143.41 each) $3,585; 15 - 3SI GPS Tracking Devices (Medium Bundle) $10,550 (Yr 2 and Yr 3 $6,025); 2 SSG Annual Stealth V (Verizon) Covert Tracking Service $4,587 ea. yr; 2 SSG Annual MicroTracker Service - AT&T $2,025 ea. yr.; These items are requested for the new district ORT detectives, Police Support Technicians and the CCAT 2nd team.

Tools and supplies are necessary for them to effectively investigate ORT, auto theft and auto accessory theft. RTIC 12 - Transeiver $27 each $324. DRONES - Maintenance Mavic 3 Battery Kit x 3 - $1977, Avata Fly More Kit x 16 $4,464; DJI Avata Combo, Fly More Kit, Remote Controller, Taclight, and Case - $2,363 x 16 $28,356. Small unmanned aircraft systems (sUAS) play an integral part in addressing retail crime and auto-theft. Due to their portability and ease of deployment, they can quickly provide air support to assist with the apprehension of subjects involved in retail and auto-theft activity. In addition to providing air coverage that assists with setting perimeters to contain fleeing subjects, they also have the capability of providing crime scene mapping and recorded video footage that greatly assists in the prosecution of criminal cases. The DJI Avata drone is incredibly agile and can handle the most challenging flying conditions. It will primarily be used to search the interior of structures TOTAL
Estimated cost based on quotes
2b. Services and Supplies Narrative:

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 81 AGENDA ITEM NO. 7.

Description of Professional Service(s) Total
$854,519.00
$30,000.00
$637,262.00
$150,000.00
$0.00
$0.00
$0.00
$0.00
$1,671,781.00
3b. Professional Services Narrative
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$75,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$75,000.00
Description of Equipment/Fixed Assets
Total
$3,937,952.00
5b. Data Collection and Evaluation Narrative
Local Evaluation Plan will be conducted by a team of California State University, Fresno Department of Criminology Professors and graduate assistants. The existing collaborative efforts with evaluation team facilities efforts in contracting with them to design and develop effective research methodologies, conduct data collection, and program analysis/evaluation on the proposed project as directed by RFP.
4a. Non-Governmental Organization (NGO) Subcontracts
Calculation for Expense
TOTALS
California State University Fresno
5a. Data Collection and Evaluation
Calculation for Expense
TOTALS
4b. Non-Governmental Organization (NGO) Subcontracts Narrative N/A
Description of Non-Governmental Organization
(NGO) Subcontracts
Description of Data Collection and Evaluation
FPD Equipment
FPD - Public Awareness Campaign Estimates
3a. Professional Services
Estimates
Calculations below in narrative
TOTAL
FCDA - 3 extra help Senior DA Investigators: 28 hours a week each. Year 1: Salary $64,234 Benefits $10,446 Total $76,680; Year 2: Salary $66,758 Benefits $10,856 Total $77,614; Year 3: Salary $66,758 Benefits $10,856 Total $77,614
Overtime 10 hours a week each. Year 1: Salary $20,269 Benefits $1,551 Total $21,280; Year 2: Salary $21,064 Benefits $1,612 Total $22,676; Year 3: Salary $21,064 Benefits $16,12 Total $22,676 TOTAL PERSONNEL $756,896
3- Vehicles ($750 per month X 12 = $9,000 X 3) leased through Enterprise Car Rental for duration of grant period. Year 1-3: $27,000 annually. The Fresno Multi-Agency Digital (MAD) Lab has evaluated the unit equipment that would best serve the continued digital evidence needs of a Retail Theft Team. The following are estimates of items that would enhance investigative capabilities. Digital Video Recorder Suite DVR Examiner $5000 perpetual; Tableau Write Block $448;; Laptop $2,500; Backpack $125; Premium Cell Phone Tool Cellebrite UFED Ultimate $6,450 perpetual;Cellebrite PAAS $1,500 perpetual;Cellebrite Cheetah $600; A DVR Suite would allow for mobile digital video recorder analysis. On-site real-time evidence collection could be done even at locations without device passcodes available; Cellebrite offers premium cell phone tools that could be used in accessing and gathering digital evidence related to seized evidence phones. TOTAL EQUIPMENT AND SUPPLIES $97,263.

Fresno County District Attorney's Office
FCPD - Public Awareness Campaign

CPD - ICRP
6a. Equipment/Fixed Assets
Calculation for Expense
Calculations below in narrative
Estimates based on quotes
Calculation for Expenditure
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$899,623.00
$466,000.00
$5,303,575.00
Total
$25,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$25,000.00
Total
$47,010.00
$70,650.00
$25,575.00
$2,726.00
$45,816.00
$53,610.00
$245,387.00
Grant Funds Total
$0 $0
$0
$0 $0
$0
For this grant program, indirect costs may be charged using only one of the two options below:
1) Indirect costs not to exceed 10 percent (10%) of the total grant award. Applicable if the organization does not have a federally approved indirect cost rate.

If using Option 1) grant funds allocated to Indirect Costs may not exceed:
2) Indirect costs not to exceed 20 percent (20%) of the total grant award. Applicable if the organization has a federally approved indirect cost rate. Amount claimed may not exceed the organization's federally approved indirect cost rate.

If using Option 2) grant funds allocated to Indirect Costs may not exceed:

TOTAL
7b. Financial Audit) Narrative:

The Pun Group, the Certified Public Accountants for the City of Fresno, will perform the financial audit of the grantee's financial records at the end of the grant performance period. The Pun Group has prepared the Single Audit Questionnaire for one year for the City of Fresno. They are a reputable accounting firm with at least 11 years in the accounting business. It is the auditor's responsibility to express an opinion on compliance for each of the City's major federal and state programs based on our audit of the types of complianc erequirements. The Pun Group conducts audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements of FederalAwards (Uniform Guidance). 9a. Indirect Costs
8b. Other (Travel, Training, etc.) Narrative:

ICI: Vehicle Theft Investigation Training - In-state. TBD. Example for San Luis Obispo or Sacramento, CA $15,670 annually.

ICI Core Course Basic Detective School. In-state. TBD. $23,550 annually Technology & Investigations Training. In-state. 5 days. TBD. $25,575 ICI Supervisor training. In-state. TBD. $2,726 Year 1
Western States Auto Theft School. Lake Tahoe. 3-Day Year 1 National Retail Federation Project Training Conference 12 officers 3-day training Long Beach, CA $22,908 Year 1 & 2.

Fresno Police Department is requesting these in-state trainings and ORT Conferences for our sworn staff to provide them training as best we can for the tasks at hand as a result of this grant and the project requirements.

TOTAL
7a.Financial Audit
Description Calculation for Expense
The Pun Group Estimated cost for audit of grant
Western States Auto Theft School for 10 sworn
personnel
Tuition $500 X 10 = $5,000; Per Diem $71 per day $281 X 10 = $2,870; Lodging for 4 nights $1,000 X 10 = $10,000
National Retail Federation Project Training
Conference for 12 sworn personnel
Tuition $625 X 12 = $7,500; Per Diem $71 per day $284 X 12 = $3,408; Lodging for 4 nights $1,000 X 12 = $12,000
ICI: Core Course Basic Detective School for 10
sworn personnel
Tuition $300 ea. X 25 = $7,500; Per diem $71 per day = $142 X 25 = $3,550; Lodging for 2 nights = $500 X 25 = $12,500
Technology & Investigations Training for 15 sworn
personnel
Tuition $600 ea. X 15 = $9,000; Per diem $71 per day = $355 X 15 = $5,325; Lodging for 5 nights = $750 X 15 = $11,250
ICI: Supervisor training for 1 sergeant Tuition $800; Per diem $71 per day = $426; Lodging for 6 nights = $250 X 6 = $1,500 8a.Other (Travel, Training, etc.)
Description Calculation for Expense
ICI: Vehicle Theft Investigation Training for 10
sworn personnel
Tuition $925 ea. X 10 = $9,250; Per Diem $71 per day $142 X 10 = $1,420; Lodging 2 nights = $500 X 10 = $5,000
Estimates based on quotesCPD Equipment
FCPD Equipment
TOTALS
6b. Equipment/Fixed Assets Narrative
FPD – For CCAT - DJI Mavic 3 Thermal Plus, Battery Kit, Speaker, Searchlight - $8,115 x 3 $24,345; 10 Panasonic Tablets ($4,983.61 ea) $49,836; 10 - Unmarked Vehicles for (MDS $4K, LPR Cameras $14K) ($93,300 ea) $933,000. For District Detectives: 15 Unmarked Vehicles no equipment ($71,000 ea) $1,065,000. 10 - Multi-band portable radios (Motorola APX8000) $7,500 each $75,000. These requests are needed for the district detectives and the newly formed 2nd CCAT team.

FPD FOR RTIC - 8 workstations $6,120.99 ea. $48,968 total; 2 - Hub Switch $48,531.17 ea. $97,062 total; Core Switch $33,182; Storage 100TB $40,000; Brief Cam $142,456 annually; Live 911 Software $7,380 annually; FLOCK SAFETY YEAR 1 $0, YEAR 2&3 $83,750; FLOCK SAFETY Separate Agreement 50 cameras $182,500 Yr 1, $150,000 Yr 2 & 3; FUSUS Software $157,350 annually. Because of the more advanced methods of stealing and selling stolen goods, it is essential to have a technology hub to process information for all involved partners in an ORC Group. FPD’s RTIC will serve as the ORC hub. New technology integrated into the RTIC can assist in the ID, location, and apprehension of ORC suspect(s). RTIC technologies will also assist in connectivity to retail establishments throughout the region The RTIC mission is to utilize intelligence led policing to provide real time information sharing quick identification and apprehension of criminals and an overall increase in public Estimates based on quotes
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TOTAL $0 $0
9b. Indirect Costs Narrative:

N/A
Please see instructions tab for additional information regarding Indirect Costs. If the amount exceeds the maximum allowed and/or turns red , please adjust it to not exceed the line-item noted.

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Fresno County Probation Department
Kirk Haynes, Chief Probation Officer

OFFICE OF THE CHIEF PROBATION OFFICER
3333 E. American Ave. / Building 701 / Suite B / Fresno, California 93725 Phone (559) 600-1294 / FAX (559) 455-2488
The County of Fresno is an equal employment opportunity employer

DATE: June 29, 2023

TO: Board of State and Community Corrections

RE: The Organized Retail Theft Prevention Grant Program

This letter is being submitted to document that the Fresno County Probation Department agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by the Fresno Police Department.

As a part of this grant, Fresno County Probation is aware of the proposed project, is committed to ensuring its success and agrees to participate in collaborating with the Lead Public Agency, the Fresno Police Department. Probation’s role will include working with the lead agency in proactive activities, strategies and programs in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.

The Fresno County Probation Department is uniquely positioned to identify individuals already under its jurisdiction for probation supervision who are involved in these specific illegal activities, along with future persons placed on supervision, involved in organized retail theft, motor vehicle or motor vehicle accessory theft or cargo . Proactive activities include teaming up with the Fresno Police Department officers to jointly conduct Probation contacts, surveillance, and searches. Probation will utilize e vidence-based practices that include conducting risk assessments , case plans to determine appropriate treatment and program referrals, for these individuals. Probation will also collect and provide data to the Fresno Police Department through its automated data technology system, to help meet grant requirements.

Probation will collaborate with the Fresno Police Department in its public awareness campaigns in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft through in-person, media and/or social media platforms.

The Fresno County Probation Department looks forward to a continued partnership with the Fresno Police Department in its important role as a law enforcement agency and helping to prevent and bring justice to victims of crime related to the proposed project.

Sincerely,

Kirk Haynes, Chief Probation Officer
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Fresno Police Department Policy ManualRacial- or Bias-Based Profiling

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Policy402 402 Racial- or Bias-Based Profiling 402.1 POLICY The Fresno Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly and without discrimination toward any individual or group. All members shall interact with the public in a professional, impartial, fair, respectful and nondiscriminatory manner. Race, ethnicity or nationality, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability or affiliation with any other similar identifiable group shall not be used as the basis for providing differing levels of law enforcement service or the enforcement of the law. 402.1.1 PURPOSE AND SCOPE This policy provides guidance to department members and establishes appropriate controls to ensure that members of the Fresno Police Department do not engage in racial or bias-based profiling or violate any related laws while serving the community. All personnel should treat all members of the public with courtesy, professionalism, and respect. Department members should not use harassing, intimidating,derogatory, or prejudiced language, particularly when related to an actual or perceivedprotected characteristics 402.2 DEFINITION Racial- or Bias-Based Profiling - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, color, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, affiliation with any non-criminal group (protected characteristics), or other similar identifiable group as the basis for providing differing law enforcement service or enforcement (Penal Code §13519.4). 402.3 GUIDELINES Racial or bias-based profiling is strictly prohibited.. However, nothing in this procedure is intended to prohibit an officer from considering factors such as race or ethnicity in combination with other legitimate factors to establish reasonable suspicion or probable cause (e.g., suspect description is limited to a specific race or group). (a) It is the responsibility of all members to prevent, report, and respond appropriately to identify discriminatory or biased practices. (b) Members engaging in a non-consensual contact shall be prepared to articulate sufficient cted class, including but not limited to, traffic stops, field contacts, detentions, as well as asset seizure and forfeiture proceedings. 1) Nothing in this procedure requires any prepared documentation of a contact that would not otherwise require reporting. 2) To the extent that written documentation is completed (e.g., arrest report, F.I. card, etc.), members should include those facts giving rise to reasonable suspicion or probable cause for the contact. 3) While the practice of racial profiling is strictly prohibited, it is recognized that race or ethnicity may be legitimately considered by an officer in combination with other legitimate factors to establish reasonable suspicion or probable cause (e.g., suspect description is limited to a specific race or group).

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402.4 STOP DATA COLLECTION SYSTEMThe Stop Data Collection System (SDCS) is a web based demographic data collection system for lawful detentions, administered by the State of California. Participation in the SDCS is required under Assembly Bill 953 for certain law enforcement agencies, including the Fresno Police Department. The data collected is similar to what the Department has been collecting for over 17 years, however there will be some changes as to when stop data will be collected and transmitted; (a) If multiple agencies are involved in a stop and the Department is the primary agency, a Department officer shall collect the data elements and prepare the stop data report. (b) When multiple officers conduct a stop, the officer with the highest level of engagement with the person detained shall collect the data elements and prepare the report. (c) A SDCS entry shall be completed when a passenger in a vehicle stopped becomes detained independent of the traffic stop. Enforcement operations, including DUI checkpoints, which stop vehicles at regular intervals are exempt from this requirement, unless the officer develops individualized suspicion regarding an occupant in the vehicle, i.e., driver appears to be under the influence of alcohol/drugs, passenger is wanted. An officer shall complete all stop reports for stops made during their shift by the end of that shift, unless exigent circumstances preclude doing so. In such circumstances, the data shall be completed as soon as practicable. In the event a stop report is to be completed during an encounter resulting in an Officer Involved Shooting or In-Custody death, the homicide unit supervisor, or their designee, shall complete the stop data report for the involved officer. 402.5 TRAINING (a) Sworn members will attend POST approved training on the subject of racial profiling. (b) Pending participation in such POST approved training and at all times, members are encouraged to familiarize themselves with and consider racial and cultural differences among members of our community. (c) Members will thereafter be required to complete an approved refresher course every five years or sooner if deemed necessary in order to keep current with changing racial and cultural trends [PC §13519.4(i)]. 402.6 ANNUAL ADMINISTRATIVE REVIEW The Policy and Procedures Unit will conduct a documented annual administrative review of agency practices including public concerns and complaints regarding bias-based profiling. (a) This will include an IA database search for any inquiries or complaints alleging bias-based Advisory Board (CAB) committee meetings. (b) This information will be included in the Annual Bias-Based Policing Report with recommendations regarding training issues, policies and procedures, and any changes to Federal or State mandates.

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Fresno Police Department Policy ManualSearch Warrants / Pre-Planned Tactical Operations

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Policy323 323 Search Warrants / Pre-Planned Tactical Operations 323.1 POLICY suspects and members. Search warrants are only to be executed by sworn personnel. 323.1.1 PURPOSE AND SCOPE enforcement action. Examples of pre-planned tactical operations are search warrants, knock and talks, probation/parole searches, arrest warrants, etc. 323.2 COORDINATION WITH SIB Any drug enforcement effort shall be coordinated with the Special Investigation Bureau (SIB). Members shall contact a SIB supervisor before proceeding with any drug related investigation likely to lead to a where members have reason to believe a significant quantity of drugs may be located. 323.3 SEARCH WARRANT PLAN All units shall check with a Law Enforcement event deconfliction system, such as WSIN, before proceeding with any search warrant or drug enforcement related investigation at a specific location. Refer to Policy 610. The case agent and a member of the unit who will serve the warrant shall develop a plan for serving the warrant. During the planning stage the case agent, a member of the unit serving the warrant and a unit supervisor shall, in person, observe the location to be searched to determine how the search warrant is served, what resources are needed, and to ensure identification of the right location. There are some situations where it may not be possible to observe the location in person due to its isolation, counter-surveillance, etc. In such cases the case agent and a unit supervisor will evaluate the location by other means. This could include, but is not limited to: (a) Review of any surveillance of the location already conducted;(b) Information from confidential informants;(c) Video of the location;(d) Photographs from ground level; and/or(e) Photographs from the air.- nt a high risk to the safety of both officers and the public. - utilized under the most extreme circumstances for the preservation of life. -- -obtained from the Chief of Police or their designee. After approval from the Chief of Police or their designee, the -Commander or designee prior to service. 323.4 SUPERVISOR RESPONSIBILITIES The supervisor shall determine when assistance from the Patrol Division is needed and shall determine the role of the patrol personnel at the search warrant location.

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The supervisor or acting supervisor of the unit must be present during the service of the search warrant. When an acting supervisor will be overseeing the warrant service, the Unit Commander or District Commander shall be informed before the warrant is served. A field supervisor or field commander may also be utilized if the unit supervisor is not available. The supervisor should consider notifying EMS to have an ambulance on stand-by in the area when serving the search warrant. 323.5 REQUIRED UNIFORM AND EQUIPMENT Plainclothes members participating in the service of a search warrant or are part of a pre-planned tactical operation shall wear Department authorized raid vests. The raid vests shall have visible markings/patches that readily identify the wearer of the vest as a police officer. Members participating in a pre-planned tactical operation or in the service of a search warrant shall wear their Department issued bullet resistant vests. There are occasions when a supervisor may elect to have the officers serving the warrant dress in clothing appropriate for the location and type of crime. An example would be detectives, assisted by other officers, serving a search warrant at a school for financial records. The supervisor in charge may decide to have the detectives dress in plainclothes without raid vests but must have at least one officer Members assisting in serving the warrant shall be armed with their Department issued firearms. Their Department issued firearm(s) shall be the primary weapon when serving any search warrant. A may have their Department authorized back-up firearm with them. Consideration should be given, when feasible, to having a marked patrol car at the search warrant location to readily identify the serving of the search warrant as a law enforcement operation. 323.6 LOCATIONS SECURED PRIOR TO OBTAINING A WARRANT In some instances it may be necessary to secure a location prior to obtaining a warrant. Such situations may not require that all the provisions of this order be followed. Members at the scene of a crime where they are holding the scene pending a search warrant are not required to complete a Risk Assessment Matrix. 323.7 TACTICAL OPERATIONS PLAN A member of the unit serving the search warrant shall prepare a tactical operation plan for the service of every search warrant. A pre-planned operation intended to apprehend a suspect in a homicide with a firearm will also require preparation of a tactical operation plan, based on time permitting and the exigency of the specific situation. The member will use the Department approved tactical operations plan format located at L:\LIBRARY\FORMS\Search Warrants - Tac Plans. All sections of the tactical operations plans will be completed. The tactical plan may be modified or updated through the Policy & Procedure Unit. The tactical operations plan should include, but is not limited to, the following: (a) A diagram of the specific location where the warrant is to be served; (b) A map of the immediate area showing the location where the warrant is to be served, the streets and alleys around the warrant location, proposed location of perimeter units, proposed approach route and parking area of the entry team(s), and any other features that the case agent deems important; (c) Intelligence information gathered on the location and suspects. This should include photos of known suspects, photos of the location, RMS on known suspects, weapons histories, and if any children are at the location; (d) Listing of personnel and equipment required to serve the warrant. This would include any special weapons that are needed and any assistance needed from Patrol Division members, air support, K- DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 95 AGENDA ITEM NO. 7.

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(e) Communication plan listing the primary channel, if the primary channel will be monitored by dispatch, secondary channel, cell phone numbers, etc.; (f) Rally point in case of emergencies;(g) Location and route to nearest hospital; and (h) Any other information the case agent deems relevant. The case agent will maintain a copy of the original tactical operations plan in the case file. All copies will be destroyed at the completion of the operation. officer or vehicles, confidential informants, or other sensitive information. These forms will not be part of the tactical operations plan and will be destroyed after the conclusion of the operation. 323.8 BRIEFING A briefing shall be conducted before serving a search warrant or executing a pre-planned tactical operation to apprehend a violent felony suspect. Attendance at the briefing is mandatory for all members serving the search warrant, participating in the service of the warrant or pre-planned tactical operation. The briefing should include, but not be limited to, the following: (a) A description of the search warrant location; (b) A description of suspect(s), crime(s) involved, weapons, and contraband; (c) Identification of point of entry, secondary entry points, rally point(s) and zones of fire; (d) Designation of entry team members, equipment they require and how they will deploy; (e) Designation of perimeter team members, equipment they require and how they will deploy; (f) Role of assisting units such as Patrol Division, air support, etc.; and (g) Review of the information contained in the tactical operations plan. Members at the briefing shall be given a copy of the search warrant tactical operations plan. 323.9 NOTIFICATIONS Units preparing to serve a search warrant shall notify the Duty Office and the ComCen supervisor prior to serving the search warrant. (a) The notification shall include the location where the search warrant will be served and the expected time of service. (b) The supervisor shall notify the ComCen supervisor of any special requirements such as a channel dedicated to the unit while they serve the warrant, whether a dispatcher is needed to monitor the channel, etc. (c) When a location is secured prior to obtaining a search warrant, the Duty Office and the ComCen supervisor shall be notified of the operation as soon possible. (d) The Unit Commander, District Commander, or their designee, shall consult with the SWAT Commander or designee to determine if SWAT will assist in serving the warrant. The case agent shall notify any law enforcement agency of a pending search warrant in their jurisdiction prior to serving the warrant. 323.10 POST SERVICE DUTIES A receipt listing seized items shall be left in an in a prominent location. The goldenrod copy of the Property and Evidence Report (PER) may serve as the receipt. A "Notice of Service" shall be left in a prominent location. After the search warrant location is secure, the case agent may consider having the layout of the location recorded for future reference. This may be done by drawing a diagram, taking photographs, video, etc. Photographs should be taken at the conclusion of a search warrant to document any damage or lack of damage at the location. The photographs may be taken by the unit serving the warrant or by a Crime Scene Bureau technician.

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323.11 RISK ASSESSMENT MATRIXThe Risk Assessment Matrix is used during the search warrant planning stage to determine when consultation with SWAT is required. The Risk Assessment Matrix is a YES/NO criteria based questionnaire and includes information such as the type of crime and criminal histories of suspects involved, that are related to the service of warrants. The case agent, member completing the tactical operations plan or a unit supervisor shall complete the Risk Assessment Matrix and will record any affirmative responses (YES) that apply to their warrant. All boxes shall be marked. The member completing the Risk Assessment Matrix will include all available information including, but not limited to criminal histories/rap sheets, RMS, Automated Firearm System (AFS), prior police reports, social media, and confidential/citizen informants. Risk Matrix numerical values are for FPD operations only. The values are for consistency of preplanned operation service and notification guidelines to include SWAT consultation. (a) If any boxes in items 1-5 are marked YES, SWAT should be contacted. (b) If two or more boxes in items 6-11 are marked YES, SWAT should be contacted. (c) The unit supervisor shall notify the Bureau or District Commander before the service of any warrant or consultation with the SWAT commander or designee. (d) The unit member, or unit supervisor, completing the Risk Assessment Matrix shall consult with the SWAT Commander, or designee, if the above criterion is reached to determine if SWAT will assist in serving the warrant. (e) SWAT notification shall be reflected in the tactical operations plan and any police report associated with the service of the search warrant. If SWAT was not used, this shall be reflected well. The name of the SWAT commander or designee consulted shall be included in the tactical operations plan and police report. The Risk Assessment Matrix cannot cover all the possibilities relating to the serving of warrants. Although the score on the Risk Assessment Matrix may not require consultation with the SWAT Commander or designee, there may be cases where such consultation might be appropriate. A copy of the Risk Assessment Matrix shall be included in the plan for serving all search warrants. A copy of the Risk Assessment Matrix is attached at the end of this order.

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FRESNO POLICE DEPARTMENT Risk Assessment Items 1-5 (Check mark "Yes" to 1 of the criteria listed below, SWAT should be contacted) Yes No Explain 1. Is the location fortified? (i.e sally ports, internal fortifications, multiple gates, steel doors, etc.) Click here to enter text. 2. Firearms believed to be on premises and the suspect(s) have made threats to use them? Click here to enter text. 3. Automatic weapons, explosives or military ordinance on the premises? Click here to enter text. 4. Suspect(s) have history of felonious assault on Peace Officer involving weapons? Click here to enter text. 5. Based upon specific articulable facts, is there a likelihood of violent/armed confrontation? Click here to enter text. Items 6-criteria listed below, SWAT, should be contacted.) Yes No Explain 6. Sophisticated counter surveillance? (CCTV, intrusion devices, etc.) Click here to enter text. 7. Are the suspect(s) 3 strikes candidates involving violence? Click here to enter text. 8. Do the suspect(s) have propensity for violence? Click here to enter text. 9. Security screens on doors and/or windows? Click here to enter text. 10. Have specific threats of violence been made against Peace Officers? Click here to enter text. 11. Suspect is a member of a gang, criminal organization or militant group. Click here to enter text. When preparing an operational plan, this checklist shall be incorporated into the plan and used to evaluate the need for assistance from SWAT. Any number of circumstances may dictate that SWAT be used. Officers and supervisors are encouraged to contact SWAT Team supervisors whenever questions arise concerning the evaluation of the above listed criteria. SWAT Contacted: Yes No Name: Click here to enter text. Date/Time: Click here to enter text. SWAT Utilized: Yes No If not, explain briefly: Click here to enter text. ____________________________________________________________________________________________________________________________________________________________________ Prepared by: Click here to enter text. Date: Click here to enter text. Reviewed by: Click here to enter text. Date: Click here to enter text.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 98 AGENDA ITEM NO. 7.

Fresno Police Department Policy Manual small Unmanned Aerial Systems (sUAS)

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Policy439 439 Small Unmanned Aerial Systems (sUAS) 439.1 POLICY property when other means and resources are not available or are less effective. Any use of a small unmanned aerial system (sUAS) will be in strict accordance with Constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. Department members may request a sUAS for assistance in order to maximize officer safety and facilitate the goals of the Department. 439.1.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of a sUAS and for the storage, retrieval and dissemination of images and data captured by the sUAS. 439.2 DEFINITIONS Certificate of Waiver or Authorization (COA) - Authorization issued by the FAA for gaining approval when there is a need to operate a sUAS outside of the provisions of FAA Part 107. FAA Part 107 - Rules for operating sUAS (other than model airplanes) set by the Federal Aviation Administration (FAA). Small Unmanned Aerial System (sUAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means. 439.3 PRIVACY The use of the sUAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during sUAS operations. 439.4 PROGRAM COORDINATOR The Chief of Police will appoint a program coordinator who will be responsible for the management of the sUAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities: (a) Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current; (b) Ensuring that all authorized operators and required observers have completed all required FAA and Department-approved training in the operation, applicable laws, policies and procedures regarding use of the sUAS; (c) Developing uniform protocol for submission and evaluation of requests to deploy a sUAS, including urgent requests made during ongoing or emerging incidents; (d) Developing protocol for conducting criminal investigations involving a sUAS, including documentation of time spent monitoring a subject; (e) Implementing a system for public notification of sUAS deployment; (f) Developing an operations manual governing the deployment and operation of a sUAS including, but not limited to, safety oversight, use of visual observers, establishment of lost link procedures and secure communication with air traffic control facilities; DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 99 AGENDA ITEM NO. 7.

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(g) Developing a protocol for fully documenting all missions;(h) Developing a sUAS inspection, maintenance and record-keeping protocol to ensure continuing airworthiness of a sUAS, up to and including its overhaul or life limits;(i) Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody; (j) Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules; (k) Facilitating law enforcement access to images and data captured by the sUAS; (l) Recommending program enhancements, particularly regarding safety and information security; and (m) Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police. 439.5 USE OF sUAS Only authorized operators who have completed the required Department training shall be permitted to operate the UAS. Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible for use in viewing areas only where there is no protectable privacy interest, or where exigent circumstances exist and such use is authorized by this Policy or deemed necessary for public safety purposes. sUAS operations should only be conducted during daylight hours and a sUAS should not be flown over populated areas, unless operating under an appropriate, valid FAA waiver. 439.6 PROHIBITED USE The sUAS video surveillance equipment shall not be used: (a) To conduct random surveillance activities; (b) To target a person based solely on actual or perceived characteristics such as race, sex, sexual orientation, gender, gender identity or expression, age, ethnicity, religion, creed, color, national origin, disability, marital status, military and veteran status, or any other classification or status protected by law; (c) To harass, intimidate or discriminate against any individual or group; or (d) To conduct personal business of any type. The UAS shall not be weaponized. 439.7 RETENTION OF UAS DATA Data collected by the sUAS shall be retained as provided in the established records retention schedule.

DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 100
AGENDA ITEM NO. 7.

Fresno PD
BSCC 1153-23

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APPENDIX A: Organized Retail Theft Grant Program Scoring Panel Roster Name Title Organization / Agency
1 Ryan Allain Director Government Affairs, California Retailers Association
2 Chesa Boudin Executive Director Criminal Law & Justice Center – UC Berkeley School of Law
3 Michelle Brown Retired Chief Probation Officer San Bernardino County 4 Derek Casebeer Chief Deputy Sacramento County Probation Department
5 Tracie Cone Public Information Officer Board of State and Community Corrections
6 Jason Craven Officer CA Highway Patrol Organized Retail Crime Task Force & Sacramento County
Auto Theft Suppression Task Force
7 Jason Daughrity Retired CHP Captain Commander of Field Support Section 8 Sandra Dinong Associate Governmental Program
Analyst
Board of State and Community
Corrections
9 Evonne Garner Retired Deputy Director Board of State and Community Corrections
10 Mary Jolls Retired Deputy Director Board of State and Community Corrections
11 Nicole Kirkaldy Restorative Justice and Diversion
Program Director
Yolo County District Attorney's Office
12 Mercedes Morales Associate Governmental Program
Analyst
Board of State and Community
Corrections
13 Ryan Okimura Staff Services Manager I Board of State and Community Corrections
14 Nancy O’Malley Retired District Attorney Alameda County

15 Chelsea Paez Staff Services Manager I Board of State and Community Corrections
16 Bao Phan Associate Governmental Program
Analyst
Board of State and Community
Corrections
17 Rodney Rego Captain Elk Grove Police Department
18 Michelle Solorzano Sr. Project Manager City of El Monte 19 Ashley Taylor Associate Governmental Program
Analyst
Board of State and Community
Corrections
20 Eric Taylor Sheriff San Benito County

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BSCC 1153-23

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APPENDIX B: Grantee Assurance for Non-Governmental Organizations The Organized Retail Theft Grant Program Request for Proposals (RFP) includes requirements that apply to non-governmental organizations (NGOs) 1 providing services with grant funds. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving funds. The RFP describes these requirements as follows:

Any non-governmental organization that receives Organized Retail Theft Grant Program Grant funds (as either a subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the Organized Retail Theft Grant Program grantee;
o Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee subcontractor fiscal agreement; • Be registered with the California Secretary of State’s Office, if applicable; • Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship); • Have a valid business license, if applicable;
• Have no outstanding civil judgments or liens;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and • Have a physical address within California. (An agent for service of process with a California address is insufficient.)

Completing the NGO Assurance (Following Page)

1. Provide the name of the Applicant Agency (the Grantee),

2. List all contracted parties (if known),

3. Check Yes or No to indicate if each contracted part meets the requirements

4. Sign and Submit to the BSCC

NOTE: If the name of the contracted party is unknown or if there will be no contracted parties. Write N/A in the “Name of Contracted Party” field and sign the document.

1 For the purposes of this RFP, NGOs include nonprofit and for-profit community-based organizations, faith-based organizations, evaluators (except government institutions such as universities), grant management companies, and any other non-governmental agency or individual.

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BSCC 1153-23

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APPENDIX B: Grantee Assurance for Non-Governmental Organizations

Provide your agency name and in the table list information for all contracted parties.

Grantee:

*Grantees are required to update this list and submit it to BSCC any time a new third- party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the RFP. The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

SIGNATURE DATE
X

Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F 103
AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: General Services Department
DATE: January 8, 2024
SUBJECT: General Services – Approval – Res. 2 4-___, Amending the City’s FY 2023-2024 Position Allocation Plan by adding five (5) Police Officer/Recruit positions and adding one (1) Public Safety Dispatcher position within the Police Department.

ATTACHMENTS: 1. Res. 24-___, Position Allocation Plan

RECOMMENDATION
For Council to approve a resolution amending the City’s FY 2023-2024 Position Allocation Plan by adding five (5) Police Officer /Recruit positions and adding (1) Public Safety Dispatcher position within the Police Department.

EXECUTIVE SUMMARY
Currently, the Police Department is authorized for seventy -eight (78) Police Officer/Recruit positions and eighteen (18) Public Safety Dispatcher positions for FY 2023-2024. The Police Department was recently awarded the Board of State and Community Correc tions Grant (BSCC). The grant award was over $6,000,000 to assist with decreasing theft throughout the City. It is recommended that the City’s Position Allocation Plan be amended to add five (5) Police Officer/Recruit positions and add one (1) Public Safety Dispatcher position within the Police Department to aid with reducing theft. Council approval is required for changes to the Position Allocation Plan. Funding for the additional positions recommended here is contingent on the funding from the BSCC.

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AGENDA ITEM NO. 8.

BACKGROUND
The Police Department has been awarded the Board of State and Community Corrections (BSCC) Grant. The grant award is over $6,000,000 paid over a three-year period to assist with rising incidents of retail, vehicle, and vehicle accessory theft.

The Police Department has evaluated the work assignments to assist with decreasing theft throughout the City and the needs within the department and have determined that the addition of five (5) Police Officer/Recruit positions and one (1) Public Safety Dispatcher position will more efficiently support the state-wide effort to decrease the issue with theft in the City. The additional staff will also assist the current needs of the department.

FISCAL IMPACT
The fiscal impact of salary and benefits for this position allocation change for the additional six (6) positions would be approximately $245,000 for the remainder of FY 2023 -2024. These additional positions will be paid for by the BSCC grant.

REASON FOR RECOMMENDATION
The addition of five (5) Police Officer/Recruit positions and the addition of one (1) Public Safety Dispatcher position will provide needed additional support to combat theft in the City. The change must be reflected in the authorized FY 2023 -2024 Police Department position all ocation.

Modification of the Position Allocation Plan requires Council Approval.

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

Prepared by: Lori Shively, Deputy General Services Director

Reviewed by: City Manager AH

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AGENDA ITEM NO. 8.

RESOLUTION 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING AMENDMENTS TO THE CITY’S FY 2023-2024 POSITION

ALLOCATION PLAN IN THE POLICE DEPARTMENT

WHEREAS, the FY 2023-2024 Position Allocation Plan in the Police Department was approved as part of the FY 2023-2024 City budget adoption process; and

WHEREAS, a review of the staffing needs of the City indicates that the addition of five (5) Police Officer/Recruit positions and the addition of one (1) Public Safety Dispatcher position is necessary in order to provi de the needed capacity to decrease retail, vehicle , and vehicle accessory theft in the City of Clovis; and

WHEREAS, amending the City’s adopted FY 2023-2024 Position Allocation Plan requires City Council authorization.

NOW THEREFORE, BE IT RESOLVED by the City of Clovis that the City’s FY 2023-2024 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 January 8, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: January 8, 2024

___________________________ __________________________ Mayor City Clerk

ATTACHMENT 1
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AGENDA ITEM NO. 8.

ATTACHMENT A

POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 2023-2024

DEPARTMENT NUMBER OF POSITIONS

Police Department

Add: Police Officer/Recruit 5.0

Add: Public Safety Dispatcher 1.0

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AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: General Services Department
DATE: January 8, 2024
SUBJECT: General Services – Approval – Res. 24-___, Authorizing Amendments to the Building Official Classification in the Planning and Development Services Department.

ATTACHMENTS: 1. Resolution 24-___ Classification Plan

RECOMMENDATION
For City Council to approve a resolution authorizing amendments to the Building Official classification in the Planning and Development Services Department.

EXECUTIVE SUMMARY
The classification of Building Official requires updates to the license, certification, education, and experience sections to better align with the required job duties and minimum qualifications for the position. Additionally, minor updates have been made to the physical demands and working conditions section to standardize wording in alignment with similar job descriptions.

BACKGROUND
The analysis conducted on the Building Official classification identified a need for updates in the license, certification, education, and experience sections of the job description. These updates aim to accurately reflect the minimum qualifications required for the position. The analysis revealed that a combination of education and experience, along with a mandatory certification, is necessary to depict the minimum qualifications required for success in the role. The attached update in Attachment A of Attachment 1 includes other minor revisions to the classification.

These changes ensure that the job description more accurately represents the current requirements of the Building Official position.

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AGENDA ITEM NO. 9.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The Building Official classification is recommended for revision in order to update the license, certification, education and experience sections to better suit the department’s recruiting needs.

The recommended changes to the City’s Classification Plan require Council approval.

ACTIONS FOLLOWING APPROVAL
The City’s Classification Plan will be updated to include the revised Building Official classification.

Prepared by: Lori Shively, Deputy General Services Director

Reviewed by: City Manager AH

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AGENDA ITEM NO. 9.

RESOLUTION 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S CLASSIFICATION PLAN FOR THE

BUILDING OFFICIAL CLASSIFICATION IN THE PLANNING AND

DEVELOPMENT DEPARTMENT

WHEREAS, it has been determined that it is necessary to update the Building Official classification to support the needs of the Planning and Development Department; and

WHEREAS, amendments to the classifications’ license and certification, and education and experience requirements sections are necessary in order to accurately depict the current job requirements and;

WHEREAS, amendments to the ability, physical demands and working conditions sections to standardize wording that aligns with similar job descriptions; 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 Building Official specification 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 January 8, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: January 8, 2024

___________________________ __________________________ Mayor City Clerk

Attachment 1

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AGENDA ITEM NO. 9.

City of Clovis

BUILDING OFFICIAL

DEFINITION
Under direction, to serve as the City’s principal building official, to lead and supervise the Building Inspection Division; to supervise Division staff; to perform complex building inspections; and to perform related work as required.

CLASS CHARACTERISTICS
Positions in this class are responsible for the supervision of the Building Inspection Division. The incumbent is responsible for the supervision of inspectors and support staff.

This position is responsible for a high le vel of contact with contractors and the general public. Positions in this class have considerable independence in selecting work methods from a variety of standard methods and procedures. Instructions given by supervisor generally do not provide all of t he information needed to complete the assignment.

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 inconsistent with departmental procedures and policies.

Examples of Duties
Organizes and supervises the work of the Building Inspection Division; makes work assignments, sets priority for, trains, and reviews the work of building inspectors, plans examiners, and plan check engineers permit technicians ; conducts performance evaluations; hires and disciplines subordinate employees; establishes standards of performance for each position supervised; conducts staff meetings; distributes assigned work to subordinate personnel; instructs assigned staff in work methods; checks and corrects work in progress and upon completion; reports to supervisor problems encountered in the assigned work and progress in completing work assignments; performs the more difficult work of building inspection; establishes division procedures and practices; rev iews building plans to determine compliance with codes, regulations and ordinances; calculates fees and issues permits; coordinates with other departments and divisions work requiring this attention; provides technical advice to builders and the general public; investigates complaints of code and ordinance violations and other unsafe conditions; conducts field inspections of building projects performing the general duties of a building instructor in situations requiring special knowledge; prepares and administers Division budget; requisitions supplies and equipment; meets with architects and builders to discuss plans; code compliance and changes in plans; prepares forms, written informational materials, reports and correspondence; may attend Council meetings, as require; reviews new building materials; approves utility connections; operates City vehicles; and performs related work as required.

Attachment A
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AGENDA ITEM NO. 9.

Typical Qualifications

LICENSE AND CERTIFICATON REQUIRED
License:
 Possession of a valid California Driver’s License and a good driving record.

Certification:
 Possession of a Building Official certification from the International Code Council (ICC).

Certification Desirable:
 Completion of a valid Certificate of Registra tion as a Structural or Civil Engineer issued by the California State Board of Registration for Engineers ; certification as a Building Official from the International Conference of Building Officials (ICBO); emphasis in, or experience with, construction code enforcement.

EDUCATION AND EXPERIENCE
Education:
 Completion of a Bachelor’s degree from an accredited college or university Graduation from an accredited college or university with a Bachelor’s Degree in structural, civil, or architectural engineering, or business administration.  In addition to required experience, additional experience may be substituted for the required education on a year-for-year basis with thirty semester units equaling one year of experience.

AND

Experience:
 Extensive experience in technical and professional engineering and four years experience in construction inspection of all types of occupancies, with two years increasingly responsible experience in supervision and management, preferably with a governmental agency.
 Extensive experience in technical and professional engineering; and  Minimum of (4) four years’ experience in construction inspection of all types of occupancies; and
 Minimum of (2) two years increasingly responsible experience in supervision supervisory or administrative capacity and management, preferably in a municipal or county government with a governmental agency.

QUALIFICATIONS
Knowledge of:
 Applicable building codes and state energy laws;
 Building construction methods involving wood, concrete and steel;  Accepted standards of building materials and craftsmanship  Mathematics applicable to building construction;
 City ordinance, especially those relative to building, zoning and business;  Engineering principles necessary to check plans and structural integrity;  Basic English usage, spelling, grammar, and punctuation;  General principles of supervision and training;
 Appropriate safety precautions and procedures;
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Ability to:
 Plan, organize and supervise the work of the Building Inspection Division  Read, understand, interpret and apply the Uniform Building, Plumbing, Mechanical and Housing Codes, National Electrical Code, Abatement of Dangerous Building Code, Fire and Safety Standards, municipal ordinances, zoning requirements and other applicable codes and regulations;
 Read, understand, interpret, and apply the California Building, Plumbing, Mechanical, Electrical, Residential, Energy and Green Codes; along with the Uniform Housing and Abatement of Dangerous Building Codes, Fire and Safety Standards, munic ipal ordinances, zoning requirements, and other applicable codes and regulations;
 Read, interpret and work from blueprints and drawings;  Keep logs, write inspection reports and prepare detailed documentation of inspections, compliance and noncompliance;
 Detect substandard workmanship and materials;
 Plan, organize, schedule and supervise building inspection functions;  Prepare comprehensive technical and administrative reports;  Establish procedures and regulations of the Division;  Inspect all areas and aspects of a construction project;  Operate a vehicle, observing legal and defensive driving practices;  Meet, interact and mutually problem solve effectively with public and private officials and the general public;
 Establish record keeping systems;
 Understand and carry out oral and written instructions;  Establish and maintain effective relationships with those contacted in the course of work.

Supplemental Information

PHYSICAL DEMANDS AND WORKING CONDITIONS

STRENGTH
 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: Light work - lifting, carrying and/or pushing 25 pou nds maximum with frequent lifting and/or carrying of objects weighing up to 25 pounds;  Vision: Correct to normal.
 Working conditions: Required to attend frequent evening meetings; and is required to travel within and out of the City to attend meetings.  Incumbent is required to travel within and out of City to attend meetings;  Other: The incumbent is in this classification is designated as confidential under the Meyers-Milias Brown Act and is an exempt employee under the Fair Labor Standards Act.

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AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: General Services Department
DATE: January 8, 2024
SUBJECT: General Services - Approval – Res. 24-___, Authorizing Amendments to the City’s Classification and Compensation Plans to Revise the Housing Program Manager Classification with a Salary Range of $9,381 to $11,403 per month, and Approval – Res. 24-___, Amending the City’s FY 23-24 Position Allocation Plan.

ATTACHMENTS: 1. Res. 24-____ Classification and Compensation Plan

2. Res. 24-____ Position Allocation Plan

RECOMMENDATION
For City Council to approve a resolution authorizing amendments to the City’s Classification and Compensation Plans by revising the Housing Program Manager Classification with a Salary Range of $9,381 to $11,403 per month and approve a resolution amending the City’s FY 23-24 Position Allocation Plan by deleting one (1) Housing Supervisor position and adding one (1) Housing Program Manager position in the Administration Department.

EXECUTIVE SUMMARY
The incumbent Management Analyst has been assigned significant additional duties and responsibilities that extend beyond the current classification's scope. Consequently, reclassifying the position to Housing Program Manager is deemed appropriate. During the budget process, the Administration Department converted the Management Analyst role to a Housing Supervisor classification. Presently, the Administration Department is authorized for one (1) Housing Supervisor position. It is recommended that the City's Position Allocation Plan be amended to include one (1) Housing Program Manager position and eliminate one (1) Housing Supervisor position in the Administration Department. Council approval is required for changes to the Classification, Compensation and Position Allocation Plans.

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BACKGROUND
Personnel have recently evaluated the responsibilities and work performed by the Management Analyst in the Administration Department as part of a classification review. The nature and scope of duties currently performed by the Management Analyst incumbent are at a depth and bread th greater than the current classification encompasses. This reflects evolutions within the Department associated with City growth, the incumbent ’s expanded skill set, and the level of work necessary to effectively coordinate projects and programs.

The inc umbent is now performing duties more in line with an existing Housing Program Manager classification that includes overseeing the grant management of the City ’s affordable housing programs. The Housing Program Manager classification needs revision since th e last update was in 2009. The recommended salary range would be $9,381 to $11,403.

The incumbent receives administrative direction from executive staff and performs a wide variety of activities in the administration of housing and community development pr ograms and projects, including those funded by federal, state, and local financing, such as Community Development Block Grant and HCD funds, for the improvement of neighborhoods and the affirmation of furthering fair housing.

FISCAL IMPACT
The fiscal impac t of salary and benefits for the remainder of FY 23-24 is approximately an additional $2,800. There are adequate funds in the Administration Department budget to cover the costs of this position for this fiscal year.

REASON FOR RECOMMENDATION
The additi on o f one (1) Housing Program Manager position and the elimination of one (1) Housing Supervisor position reflects the level of responsibility of staff in the Administration Department. The re-classification and additional compensation require Council approval.

ACTIONS FOLLOWING APPROVAL
The pos ition allocation for the Administration Dep artment will be modified as noted in Attachment 2. The position vacancy will be filled thr ough the reclassification of the Management Analyst.

Prepared by: Lori Shively, Deputy General Services Director

Reviewed by: City Manager JH

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RESOLUTION 24-___

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

ADOPTING A HOUSING PROGRAM MANAGER CLASSIFICATION IN THE

ADMINISTRATION DEPARTMENT

WHEREAS, it has been determined that the City has a need to revise the Housing Program Manager classification to provide the necessary support to the Administration Department; and

WHEREAS, it has been determined that the appropriate salary range for the Housing Program Manager is $9,381 to $11,403 per month; and

WHEREAS, it has been determined that it is appropriate to assign the Housing Program Manager classification to the Management Group.

NOW THEREFORE, BE IT RESOLVED , that the City of Clovis will modify the City’s Classification and Compensation Plans to include the Housing Program Manager classification (Attachment A) with a monthly salary range of $9,381 to $11,403.

* * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on January 8, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated: January 8, 2024

___________________________ __________________________ Mayor City Clerk

ATTACHMENT 1
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City of Clovis

HOUSING PROGRAM MANAGER
Monthly Salary Range: $9,381 to $11,403

DEFINITION
Under administrative direction, perform s a wide variety of activities in the administration of housing and redevelopment community development programs and projects that include :
those funded by federal, state and local financing suc h as Community Development Block Grant and HCD funds, for the improvement of neighborhoods elimination of blight ; affirmatively furthering fair housing; improvements to public facilities and creation and creation and expansion of housing opportunities; and the preservation and improvement of propertyies and improvement of land use ; administering the City’s efforts in the prevention and alleviation of homelessness; and fulfilling and monitoring the Citywide housing goals as identified in the City’s Housing Element; and to perform related work as required.

CLASS CHARACTERISTICS
This classification performs difficult and complex assignments involving creation, development, and implementation of programs and specific projects in support of established objectives. The incumbent exercises direct supervision of technical and clerical staff in the development of programs, setting priorities, making assignments, training and reviewing the work of subordinates. The incumbent acts with a high degree of independence of action in the assigned areas of responsibility. Direction received consists of the assignment of the responsibility to attain objectives according to policy guidelines. Methods and procedures are expected to be developed to resolve problems encountered. Except where a deviation in policy or procedure is involved, most work is not reviewed directly by the supervisor and when work is reviewed, the review is directed towards final outcome and results. The incum bent reports to and receives general direction from the Economic Development, Housing and Communications Community and Economic Development Director.

EXAMPLES OF DUTIES
Plan, develop, coordinate, and administer residential and community development redevelopment projects. Coordinate land acquisition and relocation policies and procedures for compliance with federal and state guidelines as well as other policies and procedures required to implement housing neighborhood revitalization and redevelopment programs.

Manage relocation operations in the event of resident displacement due to redevelopment projects. Participate in the preparation of RFP’s, selection and supervision of consultants engaged to perform a variety of professional work related to housin g and community development activities. Supervise negotiations related to the purchase of real estate.

Develop and arrange financing for housing projects. Supervise, train, and evaluate technical and clerical subordinates. Research complex housing problems; oversee the preparation of a variety of site plan designs, reports, recommendations, and memoranda. Review and make recommendations on technical reports and studies. Implement and monitor the City’s grant programs under the Federal Community Develo pment Block Grant (CDBG), HOME and as well as State Funded other grant programs such as Permanent Local Housing Allocation (PLHA), CalHome and Housing Trust Fund programs; CIP projects funded by

ATTACHMENT A
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CDBG funds; conduct research, write and package grant proposals; assist in the development and implementation of program monitoring and evaluation of policies and procedures; prepare administrative reports for current and future grant -funded programs.

Ensures compliance with redevelopment plans, state, and federal laws and various grant program requirements ; prepare s and monitor s budgets; prepare s contracts; make s recommendations for consideration to City Council and Citizens Advisory Committee; Clovis Community Devel opment Agency (CCDA) board and committees provides project management of City and CCDA assets including income -generating properties and properties to be disposed of ; represents the City and CCDA to other agencies and to the public. Actively participate a s a Director on the Fresno Madera Continuum of Care and represent the City in actions taken with this committee. Manage the Housing and Community Development responsibilities as identified in the most current City of Clovis Housing Element. Manage the City’s housing loan portfolio. Manage and administer the City’s Mobile Home Rental Ordinance, and other Committees such as specific Homeowners Association.

Assist in coordinating housing activities with other City departments, outside agencies, and developers. Represent the City and CCDA at public meetings and citizen committees.

Assist in preparing and administering the department and agency -operating budget.

Research and advise on new legislation, regulations, and redevelopment trends within the local and statewide area. Meet with and advise developers and community groups regarding housing programs and projects; explain housing policies, practices, and regulations. Make recommendations in the form of housing policies, plans, and programs. Assist in the planning, developing, coordinating, and administering of redevelopment housing and community development projects. Perform related duties as assigned.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid California driver’s license and a good driving record.

EDUCATION AND EXPERIENCE
Any combination of experience and education equivalent to:

Education:
 Bachelor’s Degree from an accredited college or university in business, public administration, or a closely related field.
 A Master’s Degree is desirable.

AND

Experience:
 Four years of responsible experience in the administration of a local government Community Development Block Grant, housing and/or rehabilitation programs, including some experience in a supervisory capacity.

QUALIFICATIONS
Knowledge of:
 Principles, practices, and procedures as specified in California housing and redevelopment law, i.e., redevelopment plan adoptions, property acquisition, 118
AGENDA ITEM NO. 10.

relocation, affordable housing, community development, and community rehabilitation;
 Techniques used in the operation of redevelopment affordable housing, community development, neighborhood revitalization, and housing rehabilitation programs;  Federal, state, and local laws, rules, and regulations related to housing and redevelopment agen cies and programs; grant -funded programs and grant administration;
 Federal and state -funded housing and development programs such as Community Development Block Grant programs;
 Budget preparation, budget administration and management;  Development and professional services contracting, bidding procedures, and contract administration;
 Supervision, training and personnel administration;
 Principles and practice of public relations;
 Basic statistical methods used for management analysis.

Ability to:
 Understand and apply existing federal and state laws and regulations regarding real estate and property management, relocation, and affordable housing, and redevelopment.;
 Establish and maintain effective working relationships with the public, including program clients, developers, and City staff.;
 Determine appropriate methods to provide construction and rehabilitation programs most efficiently and effectively.;
 Prepare and analyze comprehensive development and rehabilitation studies, reports, memoranda, applications, and other documents; make public presentations.;  Supervise, train, and evaluate professional and technical staff.;  Understand and interpret complex fiscal and program policy matters related to the CDBG Program and other federal and state funding sources.  Gather, analyze and present information in a written report and make oral presentations of these reports to others.;
 Produce excellent oral and written communications, including the ability to communicate effectively with varied groups and members of the public.;  Possess initiative and creativity and to work independently and as part of a team.;  Make clear and concise oral presentations.;
 Perform administrative detail work.;
 Produce very detailed, complex and precise work.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Work is primarily sedentary and primarily conducted in an office environment.  Positions in this class are designated as confidential employees under the Meyers-Milias- Brown Act and are exempt employees under the Fair Labor Standards Act.  Incumbents are required to attend periodic evening meetings.  Incumbents are required to travel within and out of City to attend meetings. 119
AGENDA ITEM NO. 10.

ATTACHMENT 2
RESOLUTION 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S FY 23-24 POSITION ALLOCATION PLAN

WHEREAS, the FY 23-24 Position Allocation Plan in the Administration Department was approved as part of the FY 23-24 City Budget adoption process; and

WHEREAS, a review of the staffing needs for the Administration Department indicates that the addition of one (1) Housing Program Manager position and the removal of one (1) Housing Supervisor position is necessary in order to provide the support needed for the Administration Department; and

WHEREAS, amending the City’s adopted FY 23-24 Position Allocation Plan requires City Council authorization.

NOW, THEREFORE, BE IT RESOLVED, by the City of Clovis that the City’s FY 2 3-24 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 January 8, 2024, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

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ATTACHMENT A
POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 23-24

DEPARTMENT NUMBER OF POSITIONS

Administration Department

Add: Housing Program Manager 1.0

Delete: Housing Supervisor 1.0

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TO: Mayor and City Council
FROM: General Services Department
DATE: January 8, 2024
SUBJECT: General Services – Approval – Res. 24 -___, Amending the City’s FY 2023-2024 Position Allocation Plan by adding one (1) Fire Inspector II position within the Fire Department.

ATTACHMENTS: 1. Res. 24-___, Position Allocation Plan

RECOMMENDATION
For Council to approve a resolution amending the City’s FY 2023-2024 Position Allocation Plan by adding one (1) Fire Inspector II position within the Fire Department.

EXECUTIVE SUMMARY
Currently, the Fire Department is not authorized for a Fire Inspector II p osition for fiscal year 2023-2024. It is recommended that the City’s Position Allocation Plan be amended by adding one (1) Fire Inspector II position within the Fire Department to perform the complex inspection duties and provide additional support to the Fire Prevention Division. This is an overfill position to hire and train someone in order to replace our current Fire and Life Safety Specialist, who will be retiring in Spring of 2026. Council approval is required for changes to the Position Allocation Plan.

BACKGROUND
Within the Fire Department's Community Risk Reduction Bureau, the Prevention Division plays a crucial role in supporting our commercial stakeholders. This support encompasses new construction analysis, tenant improvement reviews, ensuri ng emergency services access, evaluating fire protection system design and installation, and conducting recurring business inspections. The current staffing of the bureau consists of three (3) personnel, and a comprehensive assessment has been conducted to align work assignments with community needs and long-term goals, ensuring optimal service delivery to our constituents. In anticipation 122
AGENDA ITEM NO. 11.
of the retirement of two existing staff members within the next three years, the bureau has recognized the need for str ategic planning to address today's demands, future community growth, and the essential time required for personnel training. To meet these challenges, it has been determined that adding one (1) Fire Inspector II position will not only efficiently support the current demands of the Fire Prevention Division but will also facilitate succession planning within the division to replace our Life and Safety Specialist. Our current Life and Fire Safety Specialist Rick Fultz will be retiring in Spring of 2026, and w e do not have anyone in the department qualified to replace him. It has been determined that it will take a minimum of two years to effectively train a new person with the right qualifications to become our next Life and Fire Safety Specialist. Adding th is position now will allow for the recruitment and have someone in the position by March or April of 2024, giving us the two years necessary to provide the required training. This is a key position for the fire chief , who depends o n the Life and Fire Safety Specialist’s expertise with the enforcement of the fire code, and working with our Planning and Development Services Department and the development community to ensure our City is safe.

This is an overfill position and it will be eliminated after the retirement of our current Life and Fire Safety Specialist in the Spring of 2026.

The proposed position is designed to manage the existing workload, which includes inspecting over 2,800 occupancies. Simultaneously, the new hire will undergo training alongside other staff members with the potential to be promoted into the Fire and Life Safety Specialist position. This role serves as the primary contact for local developers, architects, and engineers throughout the life cycle of a p roject. Additionally, the Fire Inspector II position will actively contribute to improved life safety inspections and corrections in high-risk areas, such as the Barstow corridor and other identified non -compliance hot spots by business type or within spec ific geographic areas.

From a long -term perspective, the fiscal impact is anticipated to be mitigated, considering reduced retirement and roll-up costs associated with the civilian nature of the position. The Fire Inspector II will report to the Special P rojects/Life Safety Enforcement Manager and be supported by the Fire and Life Safety Specialist. Implementing this desired position allocation change will necessitate modifications to the City's Position Allocation Plan, requiring approval from the City Council.

FISCAL IMPACT
The fiscal impact for the remainder of FY 2023 -2024 for salary and benefits for this conversion would be approximately $29,000. There are adequate funds in the Fire Department budget to cover the costs of the position.

REASON FOR RECOMMENDATION
Adding one (1) Fire Inspector II position will provide the needed support for the Fire Prevention Division and allow time to train personnel to fill a future retirement in the Fire Prevention Division.

The change must be reflected in the author ized FY 2023 -2024 Fire Department position allocation. Modification of the Position Allocation Plan requires Council Approval.

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ACTIONS FOLLOWING APPROVAL
The position allocation for the Fire Department will be modified as noted in Attachment A of Attachment 1. The position vacancy will be filled through a recruitment.

Prepared by: Lori Shively, Deputy General Services Director

Reviewed by: City Manager AH

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RESOLUTION 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S FY 2023-2024 POSITION ALLOCATION PLAN

IN THE FIRE DEPARTMENT

WHEREAS, the FY 2023-2024 Position Allocation Plan in the Fire Department was approved as part of the FY 2023-2024 City budget adoption process; and

WHEREAS, a review of the staffing needs of the City indicates that the addition of one (1) Fire Inspector II position is necessary in order to provi de the needed capacity to cover the fire inspection needs within the Fire Department; and

WHEREAS, amending the City’s adopted FY 2023-2024 Position Allocation Plan requires City Council authorization.

NOW THEREFORE, BE IT RESOLVED by the City of Clovis that the City’s FY 2023-2024 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 January 8, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: January 8, 2024

___________________________ __________________________ Mayor City Clerk

ATTACHMENT 1
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ATTACHMENT A

POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 2023-2024

DEPARTMENT NUMBER OF POSITIONS

Fire Department

Add: Fire Inspector II 1.0

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AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: General Services Department
DATE: January 8, 2024
SUBJECT: General Services – Approval – Res. 24-___, Authorizing Amendments to the City’s Classification Plan by Revising the Deputy City Engineer Classification in the Planning and Development Services Department.

ATTACHMENTS: 1. Res. 24-___ Classification Plan

RECOMMENDATION
For City Council to approve a resolution authorizing amendments to the City’s Classification Plan by revising the Deputy City Engineer classification in the Planning and Development Services Department.

EXECUTIVE SUMMARY
It is necessary to revise the Deputy City Engineer classification to update the definition, examples of duties, and qualifications sections, along with making other changes to the entire classification. The modification of the City’s Classification Plan requires approval from the City Council.

BACKGROUND
An analysis was conducted on the Deputy City Engineer classification in anticipation of an upcoming recruitment. The analysis revealed the need for updates in the classification definition, examples of duties, and qualifications sections to accur ately depict the duties and minimum qualifications necessary for success in the position. The position was last filled in 2008, and the classification requires significant updates.

The definition section requires refinement to better describe the responsi bilities of the position.

Similarly, the examples of duties and qualifications sections need revisions to reflect the current duties of the role more accurately. Additionally, the license section has been updated to specify 127
AGENDA ITEM NO. 12.
the issuing authority for the required valid Civil Engineer license. These updates ensure that the classification aligns more closely with the current needs of the department and will contribute to a successful recruitment. The revised classification details are provided in Attachment A of Attachment 1.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The Deputy City Engineer classification is recommended for revision in order to update the definition, examples of duties, and qualifications sections to better suit the department’s recruitment needs. The recommended changes to the City’s Classification Plan require Council approval.

ACTIONS FOLLOWING APPROVAL
The City’s Classification Plan will be updated to include the revised Deputy City Engineer classification.

Prepared by: Lori Shively, Deputy General Services Director

Reviewed by: City Manager JH

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AGENDA ITEM NO. 12.

ATTACHMENT 1

RESOLUTION 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S CLASSIFICATION PLAN FOR THE

DEPUTY CITY ENGINEER CLASSIFICATION IN THE

PLANNING AND DEVELOPMENT SERVICESDEPARTMENT

WHEREAS, it has been determined that amendments to the classification, and updates to the definition, examples of duties, and qualifications sections of the Deputy City Engineer classification are necessary to accurately depict the duties and qualifications in order to recruit for this position; and

WHEREAS, modification of the City’s Classification Plan requires authorization by the City Council.

NOW THEREFORE, BE IT RESOLVED , that the City of Clovis will modify the City’s Classification Plan to include the Deputy City Engineer classification (Attachment A).

* * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on January 8, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dated: January 8, 2024

___________________________ __________________________ Mayor City Clerk

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City of Clovis

DEPUTY CITY ENGINEER

DEFINITION
Under general direction, plans, organizes and directs assigned operations of the Engineering Division of the City Engineer and/or the Director of Planning and Development Services direct, manage, coordinate, and supervise the Engineering Division and general office staff supervisory, professional, technical, and support staff in the planning, design, and construction of public works improvements and the coordination and administration of contracts; advises the City Engineer and the Director of Planning and Development Services regarding engineering, construction management, and capital improvement activitie s; performs the most complex professional engineering work of the Division oversee and plan long range public works project needs; coordinate assigned activities with other City departments, divisions, and outside agencies; provide highly responsible and complex administrative support to the City Engineer and/or the Director of Planning and Development Services; assist in the preparation of the department budget and Capital Improvement Programs (CIP); as assigned, acts as the City Engineer in the absence of the City Engineer with no additional compensation and performs related duties. and performs related work as required.

CLASS CHARACTERISTICS
This single class position is a managerial level class in the professional engineering series.

The incumbent is responsible to the City Engineer and the Planning and Development Services Director for advice and consultation on engineering matters and for the efficient operation of the division comprised of engineering, administration, special projects, development r eview unit, traffic, construction management, and capital improvement projects, The Deputy City Engineer functions and serves as the acting City Engineer in the their absence of the City Engineer . The Deputy City Engineer exercises supervision over others and is responsible to makeing assignments, setting priorities, training, and reviewing work, The incumbent is responsible for prepareing performance evaluations, process ing employee grievances, recommend ing employment, and for taking and to effectively recommending and administer disciplinary action. This positions in this class acts with a high degree of independence of action in the assigned area of responsibility. Direction received consists of the assignment of the responsibility to attain objecti ves according to policy guidelines, department, and city objectives. Incumbents are This position is responsible for setting division vision future visionary direction for the Engineering Division, addressing and responding to challenges, and industry tre nds. The incumbents are is expected to establish work programs and deliverables and develop methods and procedures and solve problems encountered. Except where a deviation in policy is involved, most work is not reviewed directly by a supervisor, and whe n work is reviewed, the review is directed toward final outcomes and results.

ATTACHMENT A
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AGENDA ITEM NO. 12.

EXAMPLES OF DUTIES
Plans, organizes, and controls the activities of the Engineering Division under the direction of the City Engineer; Represent the Engineering Division and the Planning and Development Services Department to maintain a liaison with appropriate county, state, and federal agencies and community stakeholders as assigned; may perform the administrative, policy, and technical duties of the City Engineer and/or the Director of Planning and Development Services; coordinate with the field operations division to implement projects and programs and coordinate with the Public Utilities Engineer as needed; manage, direct, coordinate, and supervise the daily operations of the Engineering Division and oversee the City Surveyor, traffic functions, oversee and the Development Impact Fee program including periodic updates; delegate specific projects and tasks to the engineering staff and assist in the preparation of the budget and the Capital Improvement Program (CIP); participates in evaluating the need for and helps assist with the development of plans and schedules for long-range public works programs; compiles estimates, contract provisions and specifications; prepare and review engineering plans and specifications for the construction of streets, sewers, storm drains, structures, water distribution facilities, and street lighting and traffic control facilities; responsible for administration of construction and professional services contracts, preparing plan layouts, details, and drawings; prepare engineering calculations, monitor, and evaluate the efficiency and effectiveness of service delivery methods and procedures; prepare and present staff reports and other necessary correspondence; meet with private developers and engineers to review private developments and related public works improvements for conformance to with City standards and policies, resolve any problems responsible for resolving conflicts and complications related to these developments, and ensure compliance with appropriate laws and guidelines; negotiates agreements with developers, engineers, property owners, contractors, and other agencies for rights -of-way, easements, and fina ncial participation; confers with Division and Department staff, other departments, and various public groups on proposed projects and improvements; confers with subordinates on the construction of new public works facilities; confers and negotiates with p rivate engineering firms and developers; provides direction on problems of design, materials and processes proposed in connection with new construction or major repairs; prepares ordinances for Council consideration; approve engineering plans and specifica tions, oversee special assessment districts, and prepare cost estimates; supervise and direct lower-level the Engineering personnel professional, and general office technical, and support staff in operation of all phases of Engineering Division responsibil ities; secure grants, make oral presentations to business and community groups, City Commissions, and City Council; participates in the selection of new employees; recommends approval of subdivision maps; recommends approval of improvement plans for privat e development and capital improvement projects; directs traffic studies and recommends improvement of traffic control devices; represents the City in relations with other governmental agencies; conducts and assigns field inspections; participates in the development and administration of the Division budget, and the City capital improvement program budget; prepares and conduct s performance evaluations; explains policies, procedures and objectives of the division to staff by written directive and by oral comm unications; conducts staff and public information meetings; and performs related duties work as assigned required.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
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 Possession of a valid appropriate California Driver's License and a good driving record;  Possession of registration as a Civil Engineer with the State of California  Possession of a valid Civil Engineer license issued by the State of California Department of Consumer Affairs Board for Professional Engineers, Land Surveyors, and Geologists.

TRAINING AND EXPERIENCE
Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Five years of increasingly responsible professional civil engineering and administrative experience, with at least three years in a supervisory or administrative capacity in municipal or county government and graduation from an accredited college or university with major work in civil engineering or a closely related field. A Master’s Degree is desirable.

EDUCATION AND EXPERIENCE
Any combination equivalent to a Bachelor of Science Degree in Civil Engineering or related field and five (5) years of increasingly responsible professional civil eng ineering and administrative experience in the design and construction of Public Works projects including three (3) years of supervisory experience.

Education:
 Graduation from an accredited college or university with a Bachelor's Degree in Civil Engineering or a closely related field.

Experience:
 A minimum of five (5) years of increasingly responsible professional civil engineering and administrative experience in the design and construction of Public Works projects, with at least two (2) years in a supervisory capacity in a municipal or county government.

QUALIFICATIONS
Knowledge of:
 Organization and management practices as applied to the analysis and evaluation of programs, policies, and operational needs;
 Municipal public works planning, design, and construction;  Principles and practices of civil and structural engineering;  Procedures and construction methods in public works projects;  Municipal budget and capital improvement preparation and administration;  Principles Principals of supervision, and training, and performance evaluation;  Principles of budgeting and financial management;
 Engineering principles and practices as applied to the field of municipal government;  Pertinent federal, state, and local laws, codes, and regulations relating to municipa l works and engineering;
 Technical, legal, financial, and public relations problems involved in the conduct of municipal engineering programs;
 Methods of preparing designs, plans, specifications, estimates, reports and recommendations relating to proposed municipal and public works facilities;  Knowledge of traffic engineering;
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 General planning principles;
 Appropriate safety precautions and procedures.

Ability to:
 Prepare comprehensive and complex technical reports;
 Read, understand, and apply highly complex materials;  Formulate and administer the division and Capital Improvement Program (CIP) budget;  Help Assist to formulate and carry out City and department policy;  Manage, direct, and coordinate the work of supervisory, professional, technical, and support staff personnel;
 Select, supervise, train, and evaluate staff;
 Analyze problems and identify alternative solutions;
 Interpret and apply federal, state, local policies, procedures, laws, and regulations;  Communicate clearly, concisely, both orally and in writing;  Assist in the preparation of the department budget;
 Prepare contract documents, plans, and specifications, and engineersing estimates;  Supervise construction and professional services contracts;  Establish and maintain effective working relationships with subordinates, public groups and organizations, City officials and private and governmental agencies those contacted in the course of work including a variety of City and governmental officials, community groups, and the general public;
 Understand pertinent procedures and functions quickly;  Establish and maintain effective 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 work-lifting, carrying and/or pushing 25 pounds with frequent lifting and/or carrying of objects weighing up to 50 pounds.
 Vision: Corrected to normal.
 Working conditions: The Work is primarily sedentary; Incumbent is required to attend frequent periodic evening meetings; and is required to travel within and out of the City to attend meetings.
 Other: The incumbent in this classification is designated as confidential under the Meyers-Millais Brown Act and is an exempt employee under the Fair Labor Standards Act.
133
AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: January 8, 2024
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP 19-11 Bullard Avenue Rehabilitation.

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 street rehabilitation along existing Bullard Avenue from Armstrong to Temperance Avenues. The work include d grinding/cold planning, full depth removal of AC pavement and replacing in areas of severe structural failure, paving, adjusting utility boxes and manhole lids to grade, constructing ADA curb ramp improvements, installing detector loops and striping to match the existing.

BACKGROUND
Bids were received on May 09, 2023, and the project was awarded by the City Council to the low bidder, Dave Christian Construction Co ., on June 05, 2023. The project was completed in accordance with t he construction documents and the contractor has submitted a request for acceptance of the project.

134
AGENDA ITEM NO. 13.

FISCAL IMPACT

1. Award $761,162.25

2. Cost increases/decreases resulting from differences $10,592.56 between estimated quantities used for award and
actual quantities installed.

3. Contract Change Orders $41,540.53
CCO No. 1 through No. 7.
___________
Final Contract Cost $813,295.34

This project is supported by federal funding with the Surface Transportation Block Grant 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 contracto r, Dave Christian Construction Co., has requested final acceptance from the City Council.

ACTIONS FOLLOWING APPROVAL

1. The Notice of Completion will be recorded; and

2. All retention funds will be released pursuant to Federal requirements and the Prompt Payment of Funds Withheld to Subcontractors clause of the Local Assistance Procedures Manual.

Prepared by: Rami Abunamous, Engineering Inspector

Reviewed by: City Manager JH

135
AGENDA ITEM NO. 13.

Attachment 1
136
AGENDA ITEM NO. 13.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: January 8, 2024
SUBJECT: Planning and Development Services - Approval - Authorizing the City Manager or designee to execute a real property purchase agreement and associated documentation as follows: a. for approximately 3.3 acres located on Sunnyside Avenue, north of Shepherd Avenue (Partial acquisition of APN 556-040-23). Patrick Vincent Ricchiuti, as Trustee of the Patrick Vincent Ricchiuti Family Trust and Frances Ricchiuti, Successor Trustee of the Pat and Frances Ricchiuti Charitable Trust, Owner; and b. for approximately 1.7 acres located south of Behymer Avenue, east of Willow Avenue (Partial acquisition of APN 556 -010- 39). P.R. Farms, Incorporated, Owner.)

ATTACHMENTS: 1. Location and Vicinity Map

2. Land Use Designations

3. Purchase Agreement for Water Storage Reservoir Site 9

4. Purchase Agreement for Water Storage Reservoir Site 10

RECOMMENDATION
For the City Council to authorize the City Manager or designee to execute two real property purchase agreement s and associated documentation for approximately 3.3 acres located on Sunnyside Avenue, north of Shepherd Avenue and for approximately 1.7 acres located south of Behymer Avenue, east of Willow Avenue.

EXECUTIVE SUMMARY
Approval of this request would allow the City Manager or designee to sign the agreements and execute the purchase of 3.3 acres of property located east of Sunnyside Avenue, between Behymer Avenue and Shepherd Avenue tentatively known as Water Storage Reservoir Site 9 (Site 9) and 1.7 acres of property located west of Willow Avenue, between Behymer Avenue and Shepherd Avenue tentatively known as Water Storage Reservoir Site 10 (Site 10). These sites 137
AGENDA ITEM NO. 14.
would be utilized for the development of water storage tanks and a well site. The acquisition is budgeted in the City of Clovis 2023-24 budget.

BACKGROUND
The City is in need of acquiring two sites for the future water storage tanks and a well site consistent with the City’s Water Master Plan (Attachment 1 and 2). These facilities will support future development in the Heritage Grove area. The general location of these two sites were identified in the Water Master Plan and the specific sites were chosen based on the infrastructure location needs. The absence of these proposed water tanks would eventually prevent future development in this area.

Initial offers were made for the properties based on appraisals prepared by James G. Palmer Appraisals, Inc. in April of 2023. Since then, s taff has been in back-and-forth negotiations with the property owners and their attorney. The tentative purchase prices agreed to, subject to City Council approval, are $932,400 for Site 9 and $508,200 for Site 10. It is staff’s opinion that these purchase prices are reasonable based on comparable properties in the area and the need to move forward in a timely manner to construct th e needed water infrastructure projects. Delays in the construction of the needed water infrastructure projects will eventually affect development in the Heritage Grove area.

Purchase agreements have been signed by the seller and are attached as Attachment 3 and 4.

Execution of the proposed agreements will allow the City to open an escrow account and complete the property purchase transaction.

FISCAL IMPACT
The total estimated cost to acquire both sites is $1,440,600 . Funds for the acquisitions have been b udgeted in the City’s 2023-24 budget and will be allocated from the Water Capital Projects- Developer account.

REASON FOR RECOMMENDATION
Acquisition of the properties would secure the sites needed for the development of water delivery infrastructure.

ACTIONS FOLLOWING APPROVAL

1. Staff will execute the agreements and finalize the acquisition of the properties.

2. Staff will continue to work towards the development of the water reservoir sites and municipal well consistent with the City’s Water Master Plan.

Prepared by: Ryan C. Burnett, AICP, Engineering Program Manager and Jomar Rushdan, Management Analyst

Reviewed by: City Manager JH

138
AGENDA ITEM NO. 14.

Location and Vicinity Map
Attachment A
BEHYMER -, .. --.. --p!!!====....a

INTERNATIONAL
11/21/2023
,
,. - .... - .,

PROJECT LOCATION
Water Tank 9

3.33 Acre

ATTACHMENT A
APN Parcel: 556-040-023S
CITY LIMITS c::::I SPHERE OF INFLUENCE s
1 inch = 1 miles
Attachment 1 139
AGENDA ITEM NO. 14.

Location and Vicinity Map
Attachment A
BEHYMER -71,---.--lii!!Jlii:======�iiiiiiil
F ,
�"
:r: u
11/30/2023
V)
> g

PROJECT LOCATION
Water Tank 10

1.74 Acre
u
g ATTACHMENT A
APN Parcel: 556-01-039
: : : CITY LIMITS c:::I SPHERE OF INFLUENCE
...J
...J
<(
u
u
:e:i-----
s
1 inch = 1 miles
Attachment 1 140
AGENDA ITEM NO. 14.

Land Use Design ation
Attachment B
w
M
M VL
1-----------l- - - - - - - - - -
Landuse Code
-GC - General Commercial
M -Medium Density Residential (4.1-7.0 DU/AC)
RR - Rural Residential (1 DU/2 AC)
VL - Very Low Density Residential (0.6-2.0 DU/AC)
L - Low Density Residential (2.1-4.0 DU/AC)
P - Public/Quasi-Public Facilities
-W-Water
r _-, CITY LIMITS
c::::J LOCATION PARCEL
- SPHERE OF INFLUENCE
p
I.
'
L__
0 11/28/2023
Perrin
250 500
RR
QJ
:J
""O
:J
r--------jQ.

Lexing,�to�n�----r------
RR
s
1,000
Feet
9 Attachment 2
141
AGENDA ITEM NO. 14.

Land Use Designation
Attachment B
MU-BC
w
Land use Code ,._ -., cm uMns
c:J LOCATION PARCEL - MH - Medium High Density Resid.(7.1-15.0 DU/AC) - SPHERE OF INFLUENCE - H - High Density Residential (15.1-25.0 DU/AC) MU-BC - Mixed Use/Business Campus
- MU-V - Mixed Use Village
- PK-Park
- W- Water
11/21/2023
---
MH
0 225
I
s
450
MH
MH
MH
900
Feet
10 Attachment 2
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AGENDA ITEM NO. 14.

REALPROPERTYPURCHASEANDSALE AGREEMENTAND

JOINT ESCROW INSTRUCTIONS
!his Real Property Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") is entered mto
as of __________ _, 2024 (''Effective Date") by and between the City of Clovis, a California
municipal corporation ("Buyer") and Patrick Vincent Ricchiuti Family Trust Dated May

17. 1985. a undivided 49.87% interest and Frances Ricchiuti, Successor Trustee of the Pat and Frances Ricchiuti Charitable Trust, dated April 5. 1995 as to an undivided 50.13% interest ("Seller") pursuant to the following recitals:

RECITALS:

A. Seller owns certain real property located at APN: 556-040-23s, within the City of Clovis, County of Fresno, State of California.

B. Buyer desires to acquire 144,993 square foot portion of the real property, more particularly identified below, for right-of-way purposes and related uses in connection with str�et improvements along Herndon Avenue (the "Project"); and
C. Seller is willing to sell a 144,993 square foot portion of the real property to Buyer under the terms and conditions of this Agreement; and
D. Buyer and Seller have agreed to Buyer's purchase of the 144,993 square foot portio(l of the real property by means of this Agreement and the recordation of a grant deed.

NOW THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer agree as follows:

AGREEMENT:

1. The Property. Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase �d acquire from Seller, subject to the terms and conditions set forth herein, that certain real property consisting of a 1442993 square foot portion of the real property located in Fresno County, in the City of Clovis, California, Fresno County Assessor's Parcel No. 556-040-23s as more particularly described ·and depicted in Exhibit "A" and "B" attached hereto and incorporated herein, along with an improvements thereon, all easements, licenses, and interests appurtenant thereto, and all entitlements, owned or held by Seller in connection therewith (collectively, the "Property").

2. Purchase Price. The total purchase price to be paid by Buyer to Seller for the Property shaU be Nine Hundred and Thirty Two Thousand and Four Hundred Dollars ($9322400.00) ("Purchase Price"). As provided herein, Buyer shall pay the Purchase Price by depositing funds into the escrow in time to meet the Title Company's requirements for immediately available funds at close of escrow. Note: Final purchase price is a rounded figure. Individual line items will not add up to listed purchase price.

3. Acquisition of Property under Threat of Eminent Domain. Seller acknowledges that Buyer has the power, subject to various legal requirements, to acquire the Property by eminent domain. Selle� and Buyer stipulate and agree that the Compensation includes the fair market value of the Property and is just compensation for the Property to which Seller would be entitled under Chapter 9 of the California Eminent Domain Law (Code of Civil Procedure § 1263.010, et seq.) or otherwise connected with or arising out of I
Purchase Agreement - Site 9
Attachment C
Attachment 3
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AGENDA ITEM NO. 14.

WHEREFORE, Buyer and Seller, by their signatures below, enter into this Agreement effective on the Effective Date set forth above.

BUYER:

City of Clovis
By:----------
John Holt, City Manager
Date: ------
SELLER:

Patrick Vincent Ricchiuti Family Trust Dated May
17, 1985, a undivided 49.87% interest and Frances
Ricchiuti, Successor Trustee of the Pat and Frances.

Ricchiuti Charitable Trust, dated April 5, 1995 as to
_U.A.QtYte€'0 5 0 .13 % •
Date: rvoviw,,be( ((o I ZOZ3
6 148
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Clovis City CouncilJanuary 8, 2024

Clovis City Council
January 8, 2024