October 07, 2024 - 1 - 11:34 AM A G E N D A • C I T Y C O U N C I L M E E T I N G
October 7, 2024 6:00 PM Council Chamber
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The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; and you may view the meeting which is webcast and accessed at www.cityofclovis.com/agendas.
Written Comments
Members of the public are encouraged to submit written comments at:
www.cityofclovis.com/agendas at least two (2) hours before the meeting (4:00 p.m.). You will be prompted to provide:
Council Meeting Date
Item Number
Name
Email
Comment
Please submit a separate form for each item you are commenting on.
A copy of your written comment will be provided to the City Council noting the item number.
If you wish to make a verbal comment, please see instructions below.
Please be aware that any written comments received that do not specify a particular agenda item will be marked for the general public comment portion of the agenda.
If a written comment is received after 4:00 p.m. on the day of the meeting, efforts will be made to provide the comment to the City Council during the meeting. However, staff cannot guarantee that written comments received after 4:00 p.m. will be provided to City Council during the meeting. All written comments received prior to the end of the meeting will be made part of the record of proceedings.
Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 www.cityofclovis.com
1 October 07, 2024 - 2 - 11:34 AM CAMPAIGN CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURE - Pursuant to Government Code section 84308, a Councilmember shall not accept, solicit, or direct a campaign contribution of more than $250 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, contract, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Councilmember who has received a campaign contribution of more than $250 within the preceding 12 months from a party or their agent, or from a participant or their agent, must disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.
Pursuant to Government Code section 84308(e), any party to a covered proceeding before the City Council is required to disclose on the record of the proceeding any campaign contribution, including aggregated contributions, of more than $250 made within the preceding 12 mon ths by the party or their agent to any Councilmember. The disclosure shall be made as required by Government Code Section 84308(e)(1) and 2 CCR Section 18438.8. No party or their agent, and no participant or their agent, shall make a campaign contribution of more than $250 to any Councilmember during the covered proceeding or for 12 months after a final decision is made in that proceeding. The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the applicable requirements of the law.
CALL TO ORDER
FLAG SALUTE - Councilmember Basgall
ROLL CALL
PRESENTATIONS/PROCLAMATIONS
1. Presentation of Proclamation declarin g October 2024 as Domestic Violence Awareness Month.
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 ev eryone to be heard, please limit your comments to 3 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact the City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.
CONSENT CALENDAR - Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar . For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
2. Administration - Approval - Minutes for the September 16, 2024, Council Meeting.
3. Administration - Approval – Request from Our Lady of Perpetual Help Catholic Church for closure of a portion of Eighth Street to hold a small special event on October 13, 2024.
2 October 07, 2024 - 3 - 11:34 AM
4. General Services – Approval – Waive Formal Bidding or Proposal Requirements and Authorize 60 -month Leases of Copiers through Cooperative Purchase Contract between OMNIA Partners, Kyocera and Image 2000 for an Estimated Annual Cost of $20,253.84.
5. General Services – Approval – Res. 24 -___, Amending the City’s FY 2024 -2025 Position Allocation Plan by adding one (1) Construction Manager position within the Public Utilities Department.
6. Planning and Development Services – Approval – Final Acceptance for CIP 23-11 Alley Improvements.
7. Planning and Development Services – Approval – Final Acceptance for Final Map Tract 6168, located at the northwest corner of Gettysburg and Leonard Avenues (Wilson Premier Homes, Inc.).
8. Planning and Development Services - Approval – Res. 24-___, Final Map Tract 6203 located on Thompson Avenue between Ashlan and Dakota Avenue (KB Home South Bay, Inc., a California corporation).
9. Planning and Development Services - Approval – Res. 24 -___, Annexation of Proposed Tract 6203 located on Thompson Avenue between Ashlan and Dakota Avenue to the Landscape Maintenance District No. 1 of the City of Clovis. (KB Home South Bay, Inc., a California corporation).
COUNCIL ITEMS
10. Consider Approval – Appointments of City of Clovis Youth Commission.
Staff: Chad McCollum, Director of Economic Development, Housing and Communications
Recommendation: Approve
ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.
11. Consider Approval - Res. 24-___, A Resolution of the City Council of the City of Clovis Declaring its Intent to Initiate a Transition from At -Large to District -Based Elections Commencing with the 2026 City Council Election.
Staff: Andrew Haussler, Assistant City Manager
Recommendation: Approve
CITY MANAGER COMMENTS
COUNCIL COMMENTS
CLOSED SESSION - A “closed door” (not public) City Council meeting, allowed by State law, for consideration of pending legal matters and certain matters related to personnel and real estate transactions.
12. Government Code Section 54956.9(d)(2)
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation
One potential case
3 October 07, 2024 - 4 - 11:34 AM
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:
Oct. 14, 2024 (Mon.)
Oct. 21, 2024 (Mon.)
Nov. 4, 2024 (Mon.)
Nov. 12, 2024 (Tue.)
Nov. 18, 2024 (Mon.)
4 5
AGENDA ITEM NO. 1.
PRELIMINARY - SUBJECT TO APPROVAL
CLOVIS CITY COUNCIL MEETING
September 16, 2024 6:00 P.M. Council Chamber
Meeting called to order by Mayor Ashbeck at 6:00
Flag Salute led by Councilmember Mouanoutoua
Roll Call: Present: Councilmembers, Basgall, Bessinger, Mouanoutoua, Pearce Mayor Ashbeck
PRESENTATION – 6:01
6:01- ITEM 1 - PRESENTATION OF PROC LAMATION RECOGNIZING SEPTEMBER 17 TH THROUGH 23RD AS CONSTITUTION WEEK.
6:11- ITEM 2 - PRESENTATION OF PROC LAMATION RECOGNIZING THE 50TH ANNIVERSARY OF THE CLOVIS KIWANIS CLUB.
PUBLIC COMMENTS – 6:18
Eric with Constitutionalists for California, spoke regarding the importance of understanding and honoring the First Amendment and the U.S. Constitution to promote civic engagement and protect liberty.
Joydee Vicencio-Padu with Hālau Hula invited the Council to Aloha in the Park, Saturday, October 5, 2024, at Dry Creek Park.
Jenny Kren, resident, addressed concerns about the current condition and appearance of Sierra Bicentennial Dog Park.
Cora Shipley, BOOT President, discussed the need for repairs and updates to her alley on Third Street and spoke in support of Measure Y.
Jamie Brew, resident, discussed the need for repairs and updates to her alley on Third Street.
CONSENT CALENDAR – 6:30
Upon call, there was no public comment.
Motion by Councilmember Bessinger, seconded by Councilmember Basgall, that the items with the exception of item 17, on t he Consent Calendar be approved , including the waiver of the reading of the ordinance. Motion carried by unanimous vote.
3. Administration - Approved - Minutes for the September 3, 2024, Council Meeting.
4. Administration - Approved – Request from Business Organization of Old Town (BOOT) for closure of additional streets for previously approved Old Town Event on October 27, 2024. 6 AGENDA ITEM NO. 2.
PRELIMINARY - SUBJECT TO APPROVAL
5. Administration – Approved – Res. 24-100, Amending the Conflict of Interest Code list of Designated Employees.
6. Administration - Approved – Closure of City Administrative Offices for In -Service Day on Columbus Day October 14, 2024.
7. Administration - Adopted - Ord. 24 -13, Rezone 2024 -003, An ordinance rezoning the subject property from the R-1 (Single-Family Residential Low Density) Zone District to the R-2 (Multifamily Medium High Density) Zone District, associated with approximately 1.73 acres of land located along the east side of Osmun Avenue and the west side of Baron Avenue, north of Second Street. (Vote 5-0)
8. Administration – Approved - FY 2024-25 Agreement between the City of Clovis and the Economic Development Corporation Serving Fresno County.
9. Finance – Received and Filed – Investment Report for the Month of May 2024.
10. Finance – Received and Filed – Treasurer’s Report for the Month of May 2024.
11. General Services – Approved – Res. 24-101, Approving a Side Letter Agreement with Clovis Public Works Employee’s Association to Add a 401(a) Plan.
12. General Services - Approved – Res. 24-102, Authorizing Amendments to the City’s Classification and Compensation Plans to Adopt the Real-Time Analyst Classification with a Salary Range of $5, 780 to $7,026 per month, and Approv ed – Res. 24-103, Amending the City’s FY 24 -25 Position Allocation Plan to Delete One (1) Public Safety Dispatcher Position and add One (1) Real-Time Analyst Position.
13. General Services – Approved – Res. 24-104, Authorizing the Execution of the Certifications and Assurances for the FY 2024 -25 California State Transit Assistance State of Good Repair Program Funding.
14. Planning and Development Services – Approved – Bid Award for CIP 20 -12, Peach and Shepherd Traffic Signal to St. Francis Electric, LLC. in the amount of $734,700.00; and authorize the City Manager to execute the contract on behalf of the City.
15. Planning and Development Services – Approval – Bid Award for CIP 23 -14 Sierra Vista Sidewalk Improvement s to Dave Christian Construction, Inc., in the amount of $606,000.00; and Authorize the City Manager to Execute the Contract on behalf of the City.
16. Planning and Development Services – Approved – Final Acceptance for Final Map Tract 6329, located at the northwest corner of Shepherd and Clovis Avenues (6050 Enterprises, LP (Wilson Homes)).
ITEMS PULLED FROM CONSENT CALENDAR
6:31 17. Public Utilities – Approved – Authorize the City Manager to Execute a Three -Year Term Extension Agreement with Industrial Waste and Salvage for Large Container Services.
Due to a campaign contribution received, Mayor Ashbeck recused herself from the above item.
Upon call, there was no public comment.
Motion for approval by Councilmember Basgall, seconded by Councilmember Bessinger.
Motion carried 4-0-0-1, with Mayor Ashbeck recusing.
PUBLIC HEARINGS – 6:33
7 AGENDA ITEM NO. 2.
PRELIMINARY - SUBJECT TO APPROVAL
6:33 ITEM 18 - APPROVED – RES. 24-105, ADOPTION OF THE CITY OF CLOVIS 2023-2024
CONSOLIDATED ANNUAL PERFORMANCE AND EVAL UATION REPORT (CAPER ) FOR EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Upon call, there was no public comment.
Motion for approval by Councilmember Bessinger, seconded by Councilmember Mouanoutoua. Motion carried by unanimous vote.
ADMINISTRATIVE ITEMS – 6:56
6:56 ITEM 19 - APPROVED - RES. 24-106, A REQUEST AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONSULT ANT AGREEMENT BETWEE N THE CITY OF CLOVIS AND DE NOVO PLANNING GRO UP (DE NOVO), IN THE AMOUNT OF $2,776,51 3 FOR SERVICES RELATED TO THE PREPARATION OF THE GENERAL PLAN UPDATE.
Upon call, there was no public comment.
Motion for approval by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried by unanimous vote.
CITY MANAGER COMMENTS – 7:19
None.
COUNCIL COMMENTS – 7:19
It was consensus of the Council to schedule a workshop with County Board of Supervisors and staff to address rural-urban traffic concerns and develop policy around road safety.
It was consensus of the Council to consider holding workshops to discuss policy issues, such as local government funding and density bonuses in development projects.
CLOSED SESSION – 7:27
7:27 ITEM 20 - GOVERNMENT CODE SECTION 54956.9(D)(2) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFI CANT EXPOSURE TO LIT IGATION ONE
POTENTIAL CASE
RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION – 8:20 No action taken.
ADJOURNMENT
8 AGENDA ITEM NO. 2.
PRELIMINARY - SUBJECT TO APPROVAL
Mayor Ashbeck adjourned the meeting of the Council to October 7, 2024
Meeting adjourned: 8:20 p.m.
______________________________ ________________________________ Mayor City Clerk
9 AGENDA ITEM NO. 2.
TO: Mayor and City Council
FROM: Administration
DATE: October 7, 2024
SUBJECT: Administration - Approval – Request from Our Lady of Perpetual Help Catholic Church for closure of a portion of Eighth Street to hold a small special event on October 13, 2024.
ATTACHMENTS: 1. Request from Our Lady of Perpetual Help
RECOMMENDATION
That the City Council approve the request from Our Lady of Perpetual Help (OLPH) for closure of a portion of Eighth Street to hold a small special event on October 13, 2024.
EXECUTIVE SUMMARY
Staff requests street closure on October 13, 2024, for a small special event organized by OLPH.
BACKGROUND
On July 9, 2024, representatives from OLPH began working with City of Clovis staff to obtain a Temporary Use Permit and Temporary ABC (California Alcoholic Beverage Control) license, as well as temporary street closure for Our Lady of Perpetual Help Parish Festival. The requested closure area is limited to Eighth Street between Harvard and Dewitt Avenues.
The boundaries and time of street closure has been reviewed by staff members from each department and there are no concerns.
Staff worked with OLPH to contact residents and property owners soliciting comments/concerns regarding this request. No comments or concerns have been received.
FISCAL IMPACT
The City of Clovis is positively impacted by community events. Local businesses benefit from large numbers of people visiting their neighborhood and the City of Clovis benefits from the increased tax revenue.
The promoters of this event will bear the cost of additional City services and any other additional services.
10 AGENDA ITEM NO. 3.
REASON FOR RECOMMENDATION
In previous years, more than 300,000 people have attende d the various events held in Clovis annually, many of whom have returned to Clovis to patronize local businesses. This event will benefit the City’s economic development efforts.
ACTIONS FOLLOWING APPROVAL
1. Staff will notify OLPH of Council’s decision; and
2. Staff will work with OLPH to ensure that they provide security and cleanup of the event.
CONFLICT OF INTEREST
None.
Prepared by: Shawn Miller, Business Development Manager
Reviewed by: City Manager AH
11 AGENDA ITEM NO. 3.
12 AGENDA ITEM NO. 3.
13 AGENDA ITEM NO. 3.
14 AGENDA ITEM NO. 3.
15 AGENDA ITEM NO. 3.
16 AGENDA ITEM NO. 3.
TO: Mayor and City Council
FROM: General Services Department
DATE: October 7, 2024
SUBJECT: General Services – Approval – Waive Formal Bidding or Proposal Requirements and Authorize 60-month Leases of Copiers through Cooperative Purchase Contract between OMNIA Partners, Kyocera and Image 2000 for an Estimated Annual Cost of $20,253.84.
ATTACHMENTS: 1. Equipment Lease Agreement
2. Lease Order Agreement
RECOMMENDATION
For Council to waive formal bidding or proposal requirements and authorize staff to contract 60- month lease copiers through a competitively bid Cooperative Purchase Contract between OMNIA Partners, Kyocera and Image 2000 for an estimated annual cost of $20,253.84.
EXECUTIVE SUMMARY
The City is currently contracting with Image 2000 for the leasing of copiers through December 31, 2024. Staff recommends utilizing the OMNIA Partners cooperative purchas e contract with Kyocera for the acquisition of copiers. Clovis Municipal Code Section 2.7.06 (a) and Section IV.C. of the City's purchasing manual authorize waiving the City’s formal bidding or proposal process for procuring leases for copiers and instead using a competitively bid cooperative purchase contract.
Kyocera was recently awarded a one (1) year contract extension by OMNIA Partners from June 1, 2024, through May 31, 202 5. OMNIA Partners, Public Sector is a public sector purchasing organization for state and local governments, K -12 education, colleges, and universities. All contracts awarded by OMNIA have been competitively solicited and publicly awarded by a government entity serving as th e lead agency while utilizing industry best practices and processes. The solicitation and award process used by OMNIA is comparable to the City’s formal proposal process for the procurement of equipment/copiers, and purchasing/leasing through this cooperative purchase contract is authorized pursuant to Section IV.C. of the City’s Purchasing Manual.
17 AGENDA ITEM NO. 4.
BACKGROUND
The City is currently leasing copiers with Image 2000 through December 31, 2024 . Staff recommends utilizing the OMNIA Partners cooperative contract for the leasing of copiers with Kyocera via a third-party agreement with Image 2000.
Image 2000 is an established Southern California-based company with a branch in Fresno since 1999. They are currently providing service to the City of Clovis as well as other public agencies, including Madera Unified School District and the California Department of Corrections-Corcoran.
During their tenure, Image 2000’s service to the City has been very good. Image 2000 proposes to provide the City a complete service, inclusive of OMNIA Partners guaranteed lowest pricing per OMNIA Contract #R191102.
Procurement
Region 4 Education Service Center (ESC), as the Principal Procurement Agency, has partnered with OMNIA Partners to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non -profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The Region 4 ESC is acting as the contracting agency for any other Public Agency that elect s to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”).
Kyocera was awarded Contract #R191102, a cooperative contract offered through OMNIA Partners, formally known as National IPA and U.S. Communities. OMNIA Partners is a cooperative purchasing organization, offering cooperative contracts to the public sector which have been competitively solicited and publicly awarded by a lead agency using applicable procurement laws and regulations.
The lead agency in this case, Region 4 ESC, issued a Request for Proposals (RFP) for copiers as detailed in the RFP 19-11 Kyocera Document Solutions America, Inc., Cooperative Contract.
The RFP’s public notice was listed in multiple states on numerous occasions. Five proposals were submitted and evaluated by an evaluation committee. Kyocera was the awarded agency and entered into a contract with Region 4 ESC, from June 1, 2023, through May 31, 2024, with option for one 1-year extension through May 31, 2025.
The City of Clovis is a registered member with OMNIA Partners and has utilized their services in the past with a high level of satisfaction.
FISCAL IMPACT
The City is expecting to lease 18 copiers for a term of 60 months each. The total annual cost for models selected by the departments is approximately $20,253.84. The City’s projected needs for copiers are within the FY24/25 budget allocation for these products. Image 2000 was able to negotiate with Kyocera to provide the best possible pricing for the c ity with some upgraded components that will provide a $119.64 savings per month ($1,435.68 annually) on the amount we are currently paying for copiers. Table A on the following page provides information on the copiers selected by each department:
18 AGENDA ITEM NO. 4.
TABLE A
REASON FOR RECOMMENDATION
Staff recommends authorizing the use of OMNIA cooperative purchase contract with Kyocera through a third-party agreement with Image 2000. Image 2000 has serviced the City for copier leases in the past with a great reputation amongst City staff.
Pursuant to the City’s purchasing requirements, purchases of items/services exceeding $60,000.00 require City Council approval following a formal bidding or proposal process, unless waived by the City Council. Waiving the City’s formal bidding or proposal process for procuring a contract for the leasing of copiers and instead using a competitively bid cooperative purchase contract is authorized by Clovis Municipal Code, Section 2.7.06(a) and Section IV.C. of the City’s Purchasing Manual.
ACTIONS FOLLOWING APPROVAL
Staff will forward 60-month leases to the City Manager to sign.
CONFLICT OF INTEREST
None.
Prepared by: Stephen Frankian, Facilities Maintenance and Purchasing Manager
Reviewed by: City Manager AH
19 AGENDA ITEM NO. 4.
ATTACHMENT 1
20 AGENDA ITEM NO. 4.
21 AGENDA ITEM NO. 4.
ATTACHMENT 2
22 AGENDA ITEM NO. 4.
23 AGENDA ITEM NO. 4.
24 AGENDA ITEM NO. 4.
TO: Mayor and City Council
FROM: General Services Department
DATE: October 7, 2024
SUBJECT: General Services – Approval – Res. 24 -___, Amending the City’s FY 2024-2025 Position Allocation Plan by adding one (1) Construction Manager position within the Public Utilities Department.
ATTACHMENTS: 1. Res. 24-___Position Allocation Plan
RECOMMENDATION
For City Council to approve a resolution amending the City’s FY 2024-2025 Position Allocation Plan by adding one (1) Construction Manager position in the Public Utilities Department.
EXECUTIVE SUMMARY
The incumbent in the Senior Engineering Inspector position has taken on significant additional duties and responsibilities that exceed the current classification's scope. Therefore, it is appropriate to reclassify the incumbent as a Construction Manager. Currently, the Public Utilities Department does not have authorization for a Construction Manager position. It is recommended that the City’s Position Allocation Plan be amended to add one (1) Construction Manager position within the Public Utilities Department. Council approval is required for any changes to the Position Allocation Plan.
BACKGROUND
With the City Manager’s approval, Personnel recently assessed the responsibilities and work performed by the Senior Engineering Inspector in the Public Utilities Department as part of a classification review. The nature and scope of the duties currently undertaken by the incumbent exceed those of the existing classification. This reflects advancements within the Department due to City growth, the incumbent’s expanded skill set, and the level of work required to effectively coordinate projects and programs.
The incumbent is now pe rforming duties more aligned with those of a Construction Manager, including serving as the final inspector for all plans across the City and providing final approval on construction projects. Additionally, the incumbent ensures that all construction proje cts comply with City, Federal, and State standards and is responsible for signing off on City -wide sewer, water, and drainage projects.
25 AGENDA ITEM NO. 5.
FISCAL IMPACT
If the recommendation is approved with an effective date of October 16, 2024, the additional cost to the City for adding the Construction Manager position will be approximately $111,000 in salary and benefits for fiscal year 2024 -2025. There are sufficient funds in the current Public Utilities budget enterprise fund to cover the costs of this position for the fiscal year.
REASON FOR RECOMMENDATION
The addition of one (1) Construction Manager position reflects the level of responsibility held by staff in the Public Utilities Department. Both the reclassification and the additional compensation require Council approval.
ACTIONS FOLLOWING APPROVAL
The position allocation for the Public Utilities Department will be modified as outlined in Attachment A of Attachment 1, adding the Construction Manager position. The incumb ent will be reclassified from Senior Engineering Inspector to Construction Manager.
CONFLICT OF INTEREST
None.
Prepared by: Lori Shively/Deputy General Services Manager
Reviewed by: City Manager AH
26 AGENDA ITEM NO. 5.
ATTACHMENT 1
RESOLUTION 24-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AN AMENDMENT TO THE CITY’S FY 2024-2025 POSITION ALLOCATION PLAN
WHEREAS, the FY 2024-2025 Position Allocation Plan in the Public Utilities Department was approved as part of the FY 2024-2025 City Budget adoption process; and
WHEREAS, an assessment of the job duties of the Senior Engineering Inspector in the Public Utilities Department indicates that it is appropriate to reclassify the incumbent as a Construction Manager, and
WHEREAS, the addition of one (1) Construction Manager position is needed in order to provide the support necessary for the Public Utilities Department; and
WHEREAS, amending the City’s adopted FY 2024-2025 Position Allocation Plan requires City Council authorization.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Clovis that the City’s FY 2024-2025 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 October 7, 2024, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED:
______________________________ ______________________________ Mayor City Clerk
27 AGENDA ITEM NO. 5.
ATTACHMENT A
POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 2024-2025
DEPARTMENT NUMBER OF POSITIONS Public Utilities Department
Add: Construction Manager 1.0
28 AGENDA ITEM NO. 5.
TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: October 7, 2024
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP 23-11 Alley Improvements.
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 improvements to three (3) alleys in the area between Jefferson Avenue and Brookside Drive. Project improvements include asphalt pavement, concrete valley gutter s, drive approaches, adjusting existing utilities to finish grade, and a sewer main replacement. The sewer main replacement was an additional scope of work added to the project after determining that the existing sewer infrastructure was outdated.
BACKGROUND
Bids were received on April 02, 2024, and the project was awarded by t he City Council to the lowest bidder, Dave Christian Construction Co. Inc. , on April 15 , 2024 . The project was completed in accordance with the construction documents and the contractor has submitted a request for acceptance of the project.
FISCAL IMPACT
1. Award $636,931.00
2. Cost increase resulting from differences between $6,371.76 estimated quantities used for award and actual
quantities installed.
3. Contract Change Orders $12,603.40
4. Liquidated Damages Assessed $0.00
___________
Final Contract Cost $655,906.16
29 AGENDA ITEM NO. 6.
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 construction documents and has been deemed acceptable. The contractor, Dave Christian Construction Co.
Inc. has requested final acceptance from the City Council.
ACTIONS FOLLOWING APPROVAL
1. The Notice of Completion will be recorded; and
2. All remaining retention funds will be released no later than 35 calendar days following recordation of the notice of completion, provided no liens have been filed. Retention funds may be released within 60 days after the date of completion, provided no liens have been filed, with “completion” defined as the earlier of either (a) beneficial use and occupancy and cessation of labor, or (b) acceptance by the City Council per Public Contract Code Section 7107(c)(2).
CONFLICT OF INTEREST
None.
Prepared by: Matt Buller, Senior Engineering Inspector
Reviewed by: City Manager AH
30 AGENDA ITEM NO. 6.
Attachment 1
31 AGENDA ITEM NO. 6.
TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: October 7, 2024
SUBJECT: Planning and Development Services – Approval – Final Acceptance for Final Map Tract 6168, located at the northwest corner of Gettysburg and Leonard Avenues (Wilson Premier Homes, Inc.).
ATTACHMENTS: 1. Vicinity Map
RECOMMENDATION
For the City Council to approve final acceptance for Final Map Tract 6168, which includes:
1. Accept the public improvements for Tract 6168, and authorize recording the Notice of Completion; and
2. Authorize the release of the Performance Surety immediately and then release of the Labor and Materials Surety ninety (90) days after the recordation of the Notice of Completion, (provided no lien have been filed) and release of Public Improvements Maintenance Surety upon the expiration of the one -year warranty period and provided any defective work has been repaired to the City’s satisfaction.
EXECUTIVE SUMMARY
The owner, Wilson Premier Homes, Inc. , has requested final acceptance of the public improvements constructed or installed in conjunction with this tract. The public improvements include all those shown on the subdivision improvement plans approved by the City Engineer.
The construction or installation of the public improvements is complete. The owner has requested final acceptance. Staff is recommending approval of their request.
All landscaping, including sidewalks along within public right-of-way have been constructed. The construction or installation of the public improvements is complete. The owner has requested final acceptance. Staff is recommending approval of their request.
BACKGROUND
None.
32 AGENDA ITEM NO. 7.
FISCAL IMPACT
The cost for periodic routine maintenance, as well as repairs needed as the improvements deteriorate with age and usage, will be incorporated to the annual maintenance budget of the Public Utilities Department as these costs are identified.
REASON FOR RECOMMENDATION
The Subdivision Map Act requires that once construction of the required improvements has been completed in compliance with all codes, plans and specifications, and all other required documents ha ve been completed and submitted, final acceptance is required, and the appropriate sureties are released.
ACTIONS FOLLOWING APPROVAL
Record the Notice of Completion and release the Performance, Labor and Materials, and Maintenance Sureties as appropriate.
CONFLICT OF INTEREST
None.
Prepared by: Ruben Amavizca, Engineer II
Reviewed by: City Manager AH
33 AGENDA ITEM NO. 7.
Attachment 1
34 AGENDA ITEM NO. 7.
TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: October 7, 2024
SUBJECT: Planning and Development Services - Approval – Res. 24 -___, Final Map Tract 6203 located on Thompson Avenue between Ashlan and Dakota Avenue (KB Home South Bay, Inc., a California corporation).
ATTACHMENTS: 1. Res. 24-___
2. Vicinity Map
3. Final Map Copy
RECOMMENDATION
For the City Council to approve Res. 24-___, which will:
1. Accept the offer of dedication of parcels and public utility easements within Tract 6203, and
2. Authorize the recording of the final map.
EXECUTIVE SUMMARY
The owner, KB Home South Bay, Inc., a California corporation , acting as the subdivider, has submitted a final map. The improvement plans are being processed by C ity staff. The improvements to be installed include curb, g utter, sidewalk, streetlights, fire hydrants, street paving, sanitary sewer, water mains, and lan dscaping. The subject tract is at the west side of Thompson Avenue between Dakota & Ashlan. It contains approximately 5 acres and consists of 19 residential units, zoned R-1.
BACKGROUND
None.
FISCAL IMPACT
The subdivider will be installing curb, gutter, sidewalk, fire hydrants, street paving, sanitary sewer, water mains, and landscaping, which will be perpetually maintained by the City of Clovis.
For the streetlights, the City will pay for the power and PG&E will provide the maintenance.
35 AGENDA ITEM NO. 8.
REASON FOR RECOMMENDATION
The subdivision agreement has been executed by the subdivider and all development fees paid or deferred in accordance with the Municipal Code. The agreement provides for the developer to complete a technically correct map and improvement plans, and to complete all the required improvements in compliance with the conditions of approval. The improvements are adequately secured.
ACTIONS FOLLOWING APPROVAL
The final map will be filed with the Fresno County Recorder’s office for recording.
CONFLICT OF INTEREST
None.
Prepared by: Daniel Negrete, Engineer I
Reviewed by: City Manager AH
36 AGENDA ITEM NO. 8.
Attachment 1
RESOLUTION 24-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING FINAL SUBDIVISION MAP FOR TRACT NO. 6203
WHEREAS, a final map has been presented to the City Council of the City of Clovis for Tract 6203, by The City of Clovis, a Municipal Corporation; and
WHEREAS, said final tract conforms to the requirements of Chapter 2, Part 2, of Division 4 of the Business and Professions Code and to local ordinances.
NOW, THEREFORE, BE IT RESOLVED, by the City of Clovis as follows:
1. The final map of Tract 6203, consisting of two (3) sheets, a copy of which is on file with the City Clerk, be and the same is hereby approved.
2. The subdivision improvement plans for said tract have been approved by City Staff.
3. The preliminary Engineer’s Cost Estimate of development cost of said tract, a copy of which is on file with the City Clerk, be and the same is hereby approved and adopted as the estimated cost of improvements for said subdivision in the sum of $1,290,000.00.
4. The offer and dedication for public use of the parcels and easements specified on said map are accepted by the City of Clovis and the City Clerk is authorized and directed to execute said subdivision map.
5. This Council finds that the proposed subdivision, together with the provisions for its design and improvement, are consistent with applicable general and specific plans of the City of Clovis.
6. Improvement Security, as provided hereunder and in said Subdivision Agreement, is fixed at one hundred percent (100%) of the remaining improvem ents to be constructed or the sum of $1,290,000.00 for guaranteeing specific performance of said agreement and fifty percent (50%) of the remaining improvements or the sum of $645,000.00 for payment of labor and materials furnished by contractors, subcontractors, labormen and materialmen in connection with the improvements required to be made or constructed by said subdivider in conformity with said subdivision map or said agreement.
7. Subdivider shall furnish a bond in the sum of $129,000.00 being the amount determined by the City Council of the City as necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance of the tract against any defective work or labor done, or defective materials furnished. Sa id bond is required to be furnished prior to acceptance of the tract by the City Council.
* * * * *
37 AGENDA ITEM NO. 8.
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on October 7, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: October 7, 2024
______________________________ ______________________________ Mayor City Clerk
38 AGENDA ITEM NO. 8.
Attachment 2
39 AGENDA ITEM NO. 8.
Attachment 3
40 AGENDA ITEM NO. 8.
41 AGENDA ITEM NO. 8.
42 AGENDA ITEM NO. 8.
TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: October 7, 2024
SUBJECT: Planning and Development Services - Approval – Res. 24 -___, Annexation of Proposed Tract 6203 located on Thompson Avenue between Ashlan and Dakota Avenue to the Landscape Maintenance District No. 1 of the City of Clovis. (KB Home South Bay, Inc., a California corporation).
ATTACHMENTS: 1. Res. 24-___
RECOMMENDATION
For the City Council to approve Res. 24-___, which will annex proposed Tract 6203, located on Thompson Avenue between Ashlan and Dakota Avenue to the Landscape Maintenance District (LMD) No. 1 of the City of Clovis.
EXECUTIVE SUMMARY
The owner, KB Home South Bay, Inc., a California corporation , acting as the subdivider, has requested to be annexed to the LMD No. 1 of the City of Clovis as set forth by the Conditions of Approval for Tentative Tract 6203.
BACKGROUND
KB Home South Bay, Inc., a California corporation, the developer of Tract 6203, has executed a covenant that this development be annexed to the City of Clovis, LMD No. 1. An executed copy can be provided on request. Council formed the original District on July 15, 1985, for the purpose of funding the maintenance of landscaped areas and parks.
Under the provisions of the Landscaping and Lighting Act of 1972 and in accordance with Article XIII C and Article XIII D of Proposition 218, all the owners of property proposed for annexation have provided a written request and consent to annexation and h ave executed a covenant (petition) indicating acceptance of the annual assessment.
43 AGENDA ITEM NO. 9.
FISCAL IMPACT
Tract 6372 Year to Date
LMD Landscaping added: 0.083 acres 1.824 acres
Resource needs added: 0.008 persons 0.182 persons
The resource needs estimate is based on 1 person per 10 acres of landscaped area.
REASON FOR RECOMMENDATION
The property owners for the subject tract have requested annexation into the City of Clovis LMD No. 1.
ACTIONS FOLLOWING APPROVAL
Tract 6203 shall become a part of City of Clovis LMD No. 1 and will be assessed next year for maintenance costs.
CONFLICT OF INTEREST
None.
Prepared by: Daniel Negrete, Engineer I
Reviewed by: City Manager AH
44 AGENDA ITEM NO. 9.
Attachment 1
RESOLUTION 24-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING ANNEXATION TO LANDSCAPING MAINTENANCE DISTRICT NO. 1 OF
THE CITY OF CLOVIS
WHEREAS, City of Clovis Landscape Maintenance District No. 1 ("District") was formed by Resolution No. 85-78, adopted July 15, 1985, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the "Act"; and
WHEREAS, all of the owners of property proposed to be annexed to the District consisting of proposed Tract No. 6203, as described in Attachment A attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of engineer's report, or both.
NOW, THEREFORE, BE IT RESOLVED, by the City of Clovis as follows:
1. That the public interest and convenience require that certain property described in Attachment A attached hereto and by reference incorporated herein be annexed into Landscape Maintenance Di strict No. 1 of the City of Clovis for the maintenance and servicing of landscaping facilities.
2. The City Clerk shall receive and file the maps showing the boundaries of the areas annexed as set forth in Attachment A which boundaries shall be used for asses sment proceedings until and unless a change of organization is approved pursuant to the Act.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on October 7, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: October 7, 2024
______________________________ ______________________________ Mayor City Clerk
45 AGENDA ITEM NO. 9.
ATTACHMENT A
Legal Description
REAL PROPERTY IN THE CITY OF CLOVIS, COUNTY OF FRESNO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 19, INCLUSIVE, OF TRACT NO. 6203, RECORDED IN VOLUME _____ OF PLATS AT PAGES _____ THROUGH _____, FRESNO COUNTY RECORDS.
46 AGENDA ITEM NO. 9.
TO: Mayor and City Council
FROM: Administration
DATE: October 7, 2024
SUBJECT: Consider Approval – Appointments of City of Clovis Youth Commission.
Staff: Chad McCollum, Director of Economic Development, Housing and Communications
Recommendation: Approve
ATTACHMENTS: None.
RECOMMENDATION
It is recommended that the Mayor, subject to approval by the City Council, consider the appointment of the following individuals to the City of Clovis Youth Commission. The appointment is for one term, which is currently scheduled to run through April 2025.
Alex Perez Ellie Hammond Joelle Moore
Alian Marriaga Grace Yang Kameryn Fedele
Amaan Gill Guramanat Sohi Kiera Mouanoutoua
Avereet Samra Isaac Perry Maggie McCollum
Bonnie Barlow Jahan Singh Noah Anderson
Chaheti Mathur Jasmine Parmer Noor Riar
Eli Pugliese Jocelyn De La Cruz Rajbir Longia
EXECUTIVE SUMMARY
On October 2, 2023, the Clovis City Council unanimously voted to establish a Youth Commission aimed at strengthening youth voices within the City of Clovis. In collaboration with community partners, including Clovis Unified School District and local media, staff worked to share this opportunity with the public, resulting in an impressive 37 eligible applications. From August 2 to September 6, 2024, high school sophomores, juniors, and seniors residing in Clovis were invited to apply. Qualified applicants underwent a two -step interview process, with the first round conducted in person by a panel of City staff, followed by a second interview with current Commissioners entering their senior year. During the interviews, panelists engaged with each applicant to understand their interest and goals for the Commission. In accordance with the bylaws, a total of 21 of the 37 applicants were selected to join the Youth Commission, pending City Council confirmation.
47 AGENDA ITEM NO. 10.
BACKGROUND
The City of Clovis Youth Commission was established by unanimous decision of the Clovis City Council in October 2023 with the goal of engaging youth voices in civic matters. The Commission aims to promote civic engagement among Clovis youth and foster a sense of ownership and responsibility in shaping the City’s future. The City of Clovis Youth Commission operates from October through April each year, with Commiss ioners selected during the summer and fall leading into the new school year. The first meeting for the 2024 -2025 term will be held on October 16, 2024.
On May 8, 2024, the City of Clovis Youth Commission unanimously approved its bylaws and structure, further outlining the roles and responsibilities of its members.
The Youth Commissioners are tasked with meeting monthly to set and accomplish goals outlined by the Youth Commission, City Council, and City staff. Additionally, they represent Clovis youth at designated city events, plan and execute a project benefiting the youth of Clovis and present their progress annually to the Clovis City Council.
Applicants for the Clovis Youth Commission must reside within the City of Clovis and be in their sophomore, junior, or senior year of high school. They may serve on the Commission for up to three years. The selection process includes applying, interviewing, and being chosen by a panel consisting of City staff and Youth Commissioners. The Commission is composed of up to 21 members.
We were fortunate to receive many talented applicants this year, and while not everyone could be selected, we want to encourage those students who were not chosen to remain involved by attending our monthly Youth Commission meetings. The se meetings are open to all, and we value the input of all Clovis youth. We encourage those who were not selected to participate as much as possible and to share their concerns and ideas with the Youth Commissioners.
FISCAL IMPACT
The costs associated with the Youth Commission are expected to be nominal. These costs are included within the current 2024/2025 budget without requiring additional allocations.
REASON FOR RECOMMENDATION
Students listed in this staff report have been found qualified by staff to participate in the City of Clovis Youth Commission.
ACTIONS FOLLOWING APPROVAL
Staff will continue planning for the upcoming meetings of the City of Clovis Youth Commission.
CONFLICT OF INTEREST
None.
Prepared by: Briana Parra, City Clerk
Reviewed by: City Manager JH
48 AGENDA ITEM NO. 10.
TO: Mayor and City Council
FROM: Administration
DATE: October 7, 2024
SUBJECT:
Consider Approval - Res. 24-___, A Resolution of the City Council of the City of Clovis Declaring its Intent to Initiate a Transition from At-Large to District-Based Elections Commencing with the 2026 City Council Election.
Staff: Andrew Haussler, Assistant City Manager
Recommendation: Approve
ATTACHMENTS: 1. Resolution
2. Demand Letter
RECOMMENDATION
For the City Council to approve a resolution declaring its intent to initiate a transition from at - large to district-based elections commencing with the 2026 City Council election.
EXECUTIVE SUMMARY
The Clovis City Council members are currently elected in at-large elections where each of the five Council Members are elected by the registered voters of the entire City. Under the California Voting Rights Act (Elec. Code, § 14025, et seq.) (“CVRA”), at-large elections are permissible unless such elections result in what is termed racially polarized voting and vote dilution. The City has received a demand letter (Attachment 2) claiming racially polarized voting exists in the City’s elections. While many public agencies have challenged similar contentions about their elections, n o agency in California has had success in defending a gainst litigation under the CVRA. Given this, despite the lack of evidence of racially polarized voting in Clovis, staff is recommending City Council approve a resolution to initiate the transition from at -large elections to district-based elections beginning in the November 2026 City Council Election to avoid lengthy and costly litigation.
BACKGROUND
The Clovis City Council Members are currently elected in at-large elections where each of the five Council Members are elected by the registered voters of the entire City. Under the California Voting Rights Act (Elec. Code, § 14025, et seq.) (“CVRA”), at-large elections are permissible unless such elections result in racially polarized voting , which the CVRA defines 49 AGENDA ITEM NO. 11.
as “voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate” (Elec. Code, § 14026, subd. (e)), and further result in dilution of a protected class’s votes to such a degree that it is denied the potential to elect its preferred candidate or influence the outcome of an election.
The City regularly monitors election data, and has analyzed City election outcomes dating back to at least 2010 for the existence of racially polarized voting, and does not believe that racially polarized voting exists in the City’s elections. But despite the City’s lawful use of at -large election sys tem, on August 26, 2024, the City received a letter from the Southwest Voter Registration Education Project alleging violations of the CVRA, and advising that the City has the choice to voluntarily convert to district -based elections - where Council member s are elected by only the voters residing within the election district in which the candidate resides, or face a legal challenge to its election system. While many public agencies have resisted similar demands to change their at-large election systems, to date, none have successfully defended against a lawsuit brought under the CVRA to enforce such demands. The costs of such legal proceedings, even if resolved at an early stage through settlement, can be substantial as well.
Based on the available informa tion, the City does not believe that its at-large elections have resulted in racially polarized voting or diluted the votes of any protected class, or that it is in best interest of the City to transition to district -based elections. However, defending against a legal challenge to the City’s election system would be prohibitively costly for the City and its residents and the chances of success are very unlikely and potentially unfavorable to the City given the history of such challenges elsewhere in Califor nia. Staff therefore believe that it is fiscally prudent for the City to avoid litigation and voluntarily transition to district -based elections.
Transition Process
The adoption of district-based elections will not affect the terms of any Council members serving or elected during this transition, each of whom will serve out his or her full term . In terms of process, a series of public hearings will be scheduled to educate Council and the public on the requirements for establishment of election di stricts, develop potential district boundary maps, gain input from the public and Council on potential maps, and finally, for Council to adopt a map of the new election districts . Council will also adopt an ordinance implementing district-based elections. A demographer will be engaged to assist in this process to ensure compliance with the California Voting Rights Act Law.
The California Elections Code dictates the process and timing for the City to transition to district-based elections, under which, the deadline for completion of the process is in January 2025. However, the City Attorney’s office is currently working with the attorney representing the Southwest Voter Education Project on the terms of a 90-day extension of this deadline. If allowed, this extension would permit the City to conduct the public hearing and outreach portion of the transition process in the spring of 2025, thereby avoiding the holiday months and election season where community engagement is traditionally more challenging. More details on the 90-day extension will be discussed at the Council meeting.
50 AGENDA ITEM NO. 11.
If Council decides to convert to district -based elections, the City’s first district -based election will occur in November 2026.
FISCAL IMPACT
Staff is assessing the cost for this effort and will return if a budget amendment is necessary.
REASON FOR RECOMMENDATION
The recommended transition to district-based elections avoids prohibitively costly litigation.
ACTIONS FOLLOWING APPROVAL
If approved, staff will implement the recommended course of action included in the resolution.
CONFLICT OF INTEREST
None.
Prepared by: Andrew Haussler, Assistant City Manager
Reviewed by: City Manager JH
51 AGENDA ITEM NO. 11.
Attachment 1
RESOLUTION 24-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING ITS INTENT TO INITIATE A TRANSITION FROM AT-LARGE TO DISTRICT- BASED ELECTIONS COMMENCING WITH THE 2026 CITY COUNCIL ELECTION
WHEREAS, the City Council (“Council”) of the City of Clovis (“City”) is elected “at -large,” meaning that each Council member is elected by voters of the entire City; and
WHEREAS, Council members are elected in even-numbered years and serve staggered, four-year terms, such that the next election for two Council members is scheduled for November 2024, with the remaining three Council members scheduled for election in November 2026; and
WHEREAS, under the California Voting Rights Act (“CVRA”), at -large elections are permissible unless they result in racially polarized voting, defined as “voting in which there is a difference…in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate,” and further cause dilution of a protected class’s votes to a degree that it is denied the potential to elect its preferred candidate or influence the outcome of an election; and
WHEREAS, the City consistently monitors its elections, and has evaluated outcomes of its elections dating back to at least 2010 for the existence of racially polarized voting and vote dilution, and does not believe that it’s at -large method of election is unlawful or in any way unfair or inaccessible to the voters of Clovis; and
WHEREAS, despite the City’s lawful use of at-large election system, on August 26, 2024, the City received a letter from the Southwest Voter Registration Education Project alleging violations of the CVRA, and advising that the City has the choice to voluntarily convert to district-based elections - where Council members are elected by only the voters residing within the election district in which the candidate resides, or face a legal challenge to its election system; and
WHEREAS, while many public agencies have resisted similar demands to change their at- large election systems, to date, none have successfully defended against a lawsuit brought under the CVRA to enforce such demands, and the costs of those legal proceedings, even if resolved at an early stage through settlement, can be substantial; and 52 AGENDA ITEM NO. 11.
WHEREAS, although the Council does not believe that the at -large elections in the City have resulted in racially polarized voting or diluted the votes of any protected class, and based on the available information the Council does not believe it is in best interest of the City to transition to district-based elections, defending against a legal challenge to the City’s election system would be prohibitively costly for the City and its residents and the chances of success are unlikely and potentially unfavorable to the City given the history of such challenges elsewhere in California; and
WHEREAS, to avoid a costly and likely unfavorable outcome, the Council prefers to voluntarily begin the process of transitioning to district-based elections; and
WHEREAS, the adoption of district-based elections will not affect the terms of any Council members serving or elected during this transition, each of whom will serve out his or her full term; and
WHEREAS, the Council will hold a minimum of two public hearings to seek public input regarding the composition of the election district areas prior to developing proposed election district boundary maps; and
WHEREAS, the Council, with assistance from a demographer, will hold a minimum of two additional public hearings to seek public input on the proposed election district maps developed, and on the proposed sequence of elections, prior to holding a final public hearing in which the Council will adopt a final map of election districts; and
WHEREAS, the Council, cognizant of its responsibility for fiscal responsibility, desires to implement this transition to district-based elections in a cost effective and efficient manner; and
WHEREAS, pursuant to Government Code section 34886, the Council may effectuate this change to district-based elections by adopting an ordinance requiring the Council members to be elected by district without submitting the ordinance to an election by the City’s voters.
NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis hereby resolves as follows:
1. This Resolution is passed and adopted pursuant to Elections Code section 10010, subdivision (e)(3)(A).
2. Election district area boundary lines shall be developed based on the most updated federal decennial census data to provide for district -based elections commencing no earlier than the 2026 City Council elections.
53 AGENDA ITEM NO. 11.
3. The City shall commence the process of transitioning to district -based elections, in full compliance with all appropriate procedures and policies provided in law, including but not limited to Elections Code sections 10010, 14025, et seq., and 21130. It is estimated and intended that an election district map and ordinance implementing district -based elections will be adopted no later than January 5, 2025, unless otherwise directed by the City Council or agreed upon by the Southwest Voter Registration Education Project.
4. Staff is directed to engage a demographer, legal counsel, and any other consultant(s) deemed necessary to assist in the development and implementation of proposed election district boundaries.
5. The City Manager or his designee is hereby auth orized and directed to take any other actions necessary to effectuate the purposes of this resolution.
* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on October 7, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: October 7, 2024
______________________________ ______________________________ Mayor City Clerk
54 AGENDA ITEM NO. 11.
55 AGENDA ITEM NO. 11.
56 AGENDA ITEM NO. 11.
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58 AGENDA ITEM NO. 11.