Agenda packet — Clovis City Council, May 12, 2025 (part 1 of 2)

May 12, 2025 - 1 - 12:10 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

May 12, 2025 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; 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 May 12, 2025 - 2 - 12:10 PM CAMPAIGN CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURE – Pursuant to Government Code section 84308, a Councilmember shall not accept, solicit, or direct a campaign contribution of more than $500 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, contract, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Councilmember who has received a campaign contribution of more than $500 within the preceding 12 months from a pa rty or their agent, or from a participant or their agent, must disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.

Pursuant to Government Code section 84308, subdivision (e), any party to a covered proceeding before the City Council is required to disclose on the record of the proceeding any campaign contribution, including aggregated contributions, of more than $500 made within the pre ceding 12 months by the party or their agent to any Councilmember. The disclosure shall be made as required by Government Code Section 84308, subdivision (e)(1) and California Code of Regulations, Title 2, section 18438.8. No party or their agent, and no p articipant or their agent, shall make a campaign contribution of more than $500 to any Councilmember during the covered proceeding or for 12 months after a final decision is made in that proceeding. The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the applicable requirements of the law.

CALL TO ORDER

FLAG SALUTE - Councilmember Basgall

ROLL CALL

PRESENTATIONS/PROCLAMATIONS

1. Presentation of Proclamation Recognizing the Lifesaving Actions of Jeremy Brandl.

2. Presentation of Proclamation Recognizing the Livesaving off-duty actions of Captain Brian Torosian.

PUBLIC COMMENTS - This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 3 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact the City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.

CONSENT CALENDAR - Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar . For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.

2 May 12, 2025 - 3 - 12:10 PM

3. Administration - Approval - Minutes from the May 5, 2025, Special Closed Session Meeting, and Minutes from the May 5, 2025, Regular Council Meeting

4. Administration - Adopt - Ord. 25 -07, Adding Chapter 4.4.1 to Title 4 of the Clovis Municipal Code Pertaining to adopting the Designation of Fire Hazard Severity Zones and Reflected in the FHSZ Map. (Vote: 5-0)

5. Administration – Approval – Rescind the award to Ingram Technologies, LLC, and award the Request for Proposals and approve the purchase of thirty (30) Mobile Data Computers to LEHR Upfitters, LLC, in the amount of $175,106.45.

6. Finance – Receive and File – Investment Report for the Month of November 2024.

7. Finance – Receive and File – Treasurer’s Report for the Month of November 2024.

8. General Services – Approval – Res. 25 -____, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Professional and Technical Employees Association.

9. General Services – Approval – Res. 25 -____, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Employees Association.

10. Planning and Development Services – Approval – Bid Award for CIP 25 -03 Peg Bos Plaza to Dave Christian Construction Co., Inc., in the amount of $129,715.50; and Authorize the City Manager to execute the contract on behalf of the City.

11. Planning and Development Services – Approval – Bid Award for CIP 24 -02 Alluvial Avenue Street Improvements to Dave Christian Construction Company, Inc., for the amount of $795,342.75; and Authorize the City Manager to Execute the Contract on behalf of the City.

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

12. Consider Approval – City of Clovis Youth Commission Revised Bylaws and Receive the Annual Report Update from the Youth Commission.

Staff: Chad McCollum, Economic Development, Housing and Communications Director / Briana Parra, City Clerk / Avereet Samra, Co -Chair / Alian Marriaga, Co - Chair
Recommendation: Approve

13. Consider Approval – consider the following actions related to various legislation.

a. Consider providing a letter of Support for Senate Bill 496 (Hurtado) Advanced Clean Fleets Regulation: appeals advisory committee: exemptions. b. Consider providing a letter of Support for Senate Bill 554 (Jones) Law enforcement:
immigration enforcement.
c. Consider providing a letter of Support for Senate Bill 329 (Blakespear) Alcohol and drug recovery or treatment facilities: investigations.
d. Consider providing a letter of Support for Assembly Bill 492 (Valencia) Alcohol and drug programs: licensing.
e. Consider providing a letter of Support for Assembly Bill 424 (Davies) Alcohol and other drug programs: complaints.
f. Consider providing a letter of Opposition for Senate Bill 79 (Wiener) Planning and zoning: housing development: transit-oriented development. g. Consider providing a letter of Opposition for Assembly Bill 942 (Calderon) Net energy metering: eligible customer-generators: tariffs. 3 May 12, 2025 - 4 - 12:10 PM h. Consider providing a letter of Opposition for Assembly Bill 647 (Gonzalez) Housing Development Approvals: Residential Units.

Staff: Paul Armendariz, Interim Assistant City Manager
Recommendation: Approve

14. Consider Approval - Res. 25 -___, Approving an Updated (Reduced) Water Major Facilities Development Impact Fee Schedule and providing a description of fees to be requested for County Adoption.

Staff: Thad Avery, City Engineer
Recommendation: Approve

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.

15. Consider Actions related to Annexation of Territory (Annexation #75, MFRDR 2023 -1 – Northeast Corner Alluvial/Sunnyside, SPR 2021 -001 – Northeast Corner Shaw/DeWolf) to the City of Clovis Community Facilities District No. 2004 -1 (Police and Fire Services).

a. Consider Approval - Res. 25-___, A Resolution annexing territory (Annexation #75) (MFRDR 2023-1 – Northeast Corner Alluvial/Sunnyside, SPR 2021 -001 – Northeast Corner Shaw/DeWolf) to the City of Clovis Community Facilities District No. 2004 -1 (Police and Fire Services) and calling a special landowner election to annex territory (Annexation #75) to City of Clovis Community Facilities District No. 2004-1 (Police and Fire Services).

b. Consider Approval - Res. 25-___, A Resolution of the City of Clovis declaring the results of a special landowner election and directing recording of the Notice of Special Tax Lien for City of Clovis Community Facilities District No. 2004 -1 (Police an d Fire Services).

Staff: Jay Schengel, Finance Director
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.

16. Government Code Section 54956.9, Subdivision (d)(4) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Deciding whether to initiate litigation
One potential case

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17. Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Andy Haussler, Paul Armendariz, Amy Hance, Jay Schengel, Scott Cross
Employee organization: All bargaining units

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:

May 19, 2025
June 2, 2025
June 9, 2025
June 16, 2025

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AGENDA ITEM NO. 1.
7 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

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CLOVIS CITY COUNCIL SPECIAL MEETING

May 5, 2025 5:00 P.M. Council Chamber

Meeting called to order by Mayor Mouanoutoua at 5:00

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

CLOSED SESSION - 5:00 p.m.

Upon call, there was no public comment.

GOVERNMENT CODE SECTION 54957.6
Conference With Labor Negotiators
Agency Designated Representatives: Andy Haussler, Paul Armendariz, Amy Hance, Jay Schengel, Scott Cross
Employee Organization: All Bargaining Units

RECONVENE INTO OPEN SESSION AT 6:00 P.M. AND REPORT FROM CLOSED SESSION AT 6:02 P.M.

No action taken.

Mayor Mouanoutoua adjourned t he Special Closed Session meeting of the Council to May 5, 2025, Regular Meeting.

Meeting adjourned: 6:02 p.m.

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

PRELIMINARY - SUBJECT TO APPROVAL

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CLOVIS CITY COUNCIL MEETING

May 5, 2025 6:00 P.M. Council Chamber

Meeting called to order by Mayor Mouanoutoua at 6:02
Flag Salute led by Councilmember Ashbeck

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

PRESENTATION – 6:03

6:03 – 1 - Presentation of Proclamation declaring May as Bike Month.

6:10 – 2 - Presentation and update by the Measure C Committee on Measure C Renewal.

PUBLIC COMMENTS – 6:20

Bill Scott, resident, commended Mayor Mouanoutoua for his leadership in resolving the recent Clovis recycling contract controversy and presented him with a proclamation of thanks.

Eric Rollins, resident, requested the Council explore becoming a charter city to assert more loca l control against state mandates.

Steven Trevino, resident, expressed concern about the dangers of bull riding at the Clovis Rodeo.

Bill Rogers, resident, announced that the Vietnam War memorial replica, the Wall That Heals, will be coming to Clovis in October 2025.

CONSENT CALENDAR 6:30

Upon call, there was no public comment.

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

3. Administration - Approval - Minutes from the April 21, 2025, Council Meeting.

4. Administration - Receive and File – Business Organization of Old Town (BOOT) Third Quarter Report, January through March 2025.

5. Planning and Development Services – Approval – Bid Award for CIP 23-28 Barstow Avenue Street Improvements to Dave Christian Construction Company, Inc. in the amount of $788,312.00; and Authorize the City Manager to execute the contract on behalf of the City.

6. Planning and Development Services – Approval – Final Acceptance for CIP 21 -18 Clovis Avenue Street Improvements for a final contract cost $773,190.34.

7. Police - Approval – Annual Review and approval of Clovis Police Department Military Equipment Policy 706, Annual Military Equipment Use Report, and Renewal of Ordinance 22-03 in compliance with AB 481.
9 AGENDA ITEM NO. 3.

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COUNCIL ITEMS – 6:31

6:31 – ITEM 8 - Consider Approval – Reappointment of Brandon Bedsted to the Planning Commission for a term ending May 2029.

Upon call, there was no public comment.

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

PUBLIC HEARINGS – 6:32

6:32 ITEM 9 - Consider various actions related to the Big Dry Creek Canal Improvements Project at Letterman Park.

Upon call, there was no public comment.

ITEM 9a. Consider Approval – Res. 25-39, Amending the 2019-2020, 2023-2024, and 2024-2025 Community Development Block Grant (CDBG) Action Plans and the 2016 -2020 Consolidated Plan to provide Community Development Block Grant (CDBG) and CDBG-Coronavirus Program funds to the Big Dry Creek Canal Improvements Project at Letterman Park in the amount of $187,000.00, for the prevention of the spread of Coronavirus by increasing the capacity for social distancing.

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

ITEM 9 b. Consider Approval – Res. 25 -40, Amend the 2024 -2025 Community Investment Program Budget for Parks Improvements, to include Big Dry Creek Canal Improvements Project at Letterman Park in the amount of $187,000.

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

6:43 ITEM 10 - Consider Approval – Res. 25 -41, Adoption of the City of Clovis 2025 -2026 Annual Action Plan for the expenditure of Community Development Block Grant Funds.

Steven Trevino, resident, asked if the organization represented by the young women accepts donations and how the public can help support them.

Leticia Campos, Chief Programs Officer at the Marjaree Mason Center, explained that the organization accepts donations, provided details on drop-off locations and hours, and highlighted the availability of an online wish list for priority items.

Dr. Jeni-Ann Kren, resident, asked about allocation. expressed concern about potential federal funding cuts to CDBG allocations and asked how the city would respond if funding were significantly reduced or eliminated.

10 AGENDA ITEM NO. 3.

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Motion for approval by Councilmember Ashbeck, seconded by Mayor Pro Tem Pearce . Motion carried by unanimous vote.

7:03 ITEM 11 - Consider various actions related to the Fire Hazard Severity Zones (FHSZ) as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.

Upon call, there was no public comment.

ITEM 11a - Consider Approval - Res. 25-42, Adopting findings and designated fire severity zones by the California State Fire Marshal’s Office (CSFM) as identified within the local response area (LRA).

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

ITEM 11b - Consider Introduction – Ord. 25-07, Adding Chapter 4.4.1 to Title 4 of the Clovis Municipal Code Pertaining to adopting the Designation of Fire Hazard Severity Zones and Reflected in the FHSZ Map.

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

7:14 ITEM 12 - Consider items associated with fees under the Planning and Development Services Department and find that the project is exempt from further environmental review under Section 15061(b)(3) of the California Environmental Quality Act Guidelines. City of Clovis, applicant.

Upon call, there was no public comment.

ITEM 12a. Consider Approval - Res. 25-43, Approving an increase to the Building Division Hourly Rate for services.

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

ITEM 12b. Consider Approval - Res. 25-44, Approving the 2025 City of Clovis Planning Division fee schedule.

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

CITY MANAGER COMMENTS – 7:25

City Manager Haussler highlighted the success of the recent Trail Fest event in gathering community feedback for the General Plan Update . He announced a low -cost microchip and vaccine clinic at Clovis Animal Services , Saturday, May 10, 2025 , an upcoming Ge neral Plan 11 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

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workshop on Thursday, May 8, 2025, and encouraged members of the community to apply for the Clovis Youth Commission and the Measure Y Oversight Committee.

COUNCIL COMMENTS – 7:26

There was a consensus of the Council to send a letter of opposit ion, on behalf of the Council, to Senate Bill 549 (Newman), the Gaming: Tribal Nations Access to Justice Act.

CLOSED SESSION – 7:47

ITEM 13 - Government Code Section 54956.9(D)(2) Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation One Potential Case

ITEM 1 4 - Government Code Section 54957.6 Conference with Labor Negotiators Agency Designated Representatives: Andy Haussler, Paul Armendariz, Amy Hance, Jay Schengel, Scott Cross, Employee Organization: All Bargaining Units

RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION

No action taken.

ADJOURNMENT

Mayor Mouanoutoua adjourned the meeting of the Council to May 12, 2025.

Meeting adjourned: 9:05 p.m.

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

TO: Mayor and City Council
FROM: Administration
DATE: May 12, 2025
SUBJECT: Administration - Adopt - Ord. 25-07, Adding Chapter 4.4.1 to Title 4 of the Clovis Municipal Code Pertaining to adopting the Designation of Fire Hazard Severity Zones and Reflected in the FHSZ Map. (Vote: 5-0) ATTACHMENTS: None.

This item was approved for introduction on May 5, 2025, with a unanimous vote.

Please direct questions to the City Manager’s office at 559-324-2060. 13 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: Administration
DATE: May 12, 2025
SUBJECT: Administration – Approval – Rescind the award to Ingram Technologies, LLC, and award the Request for Proposals and approve the purchase of thirty (30) Mobile Data Computers to LEHR Upfitters, LLC, in the amount of $175,106.45.

ATTACHMENTS: 1. April 14, 2025 Staff Report

RECOMMENDATION
For the City Council to rescind the award to Ingram Technologies , LLC, for the thirty-two (32) Mobile Data Computers in the amount of $181,578.50 and instead Award the Request for Proposals (RFP) and approve the purchase of thirty (30) Mobile Data Computers to LEHR Upfitters LLC in the amount of $175,106.45.

EXECUTIVE SUMMARY
Included in the 2024-2025 Budget are funds to purchase replacement Mobile Data Computers (MDCs). The MDCs increase efficiencies and provide connectivity to various applications and needed information while performing their duties in the field.

Staff went out with a Request for Proposals (RFP) from vendors using the City’s online bidding system in March 2025 , and received fifteen (15) responses. On April 14, 2025 , staff recommended, and Council awarded, the RFP to Ingram Technologies, LLC. Thereafter, Ingram informed City staff that they were unable to perform. Staff is recommending the award to Ingram be rescinded and instead awarded to L EHR Upfitters, LLC, as they submitted the next lowest priced, responsible and complete proposal.

BACKGROUND
Every police vehicle and fire engine are outfitted with Mobile Data Computers (MDC) to receive and send information on calls assigned to the officer or fire fighter.

 Reduced amount of down time.
 Easier to exchange laptops from one vehicle to the next.  Repair costs have been greatly reduced.
 Has reduced cost of deployment.
 Allowed for consistent environmental conditions for computers.

Staff requested proposals from vendors using the City’s online bidding system on March 4, 2025, and received fifteen (15) responses.

The total cost for the thirty (30) units including tax, shipping and a five -year warranty, wa s as follows:

Vendor Per Unit Cost Total
Ingram Technologies, LLC $5,622.26 $168,667.75
LEHR Upfitters OpCo, LLC $5,836.88 $175,106.45
Kijero, LLC $6,070.67 $182,120.00
TAILORBIRD VENTURES $6,165.73 $184,971.90
Southern Computer Warehouse, Inc. $6,218.39 $186,551.70 Hypertec USA, Inc. $6,384.00 $191,520.00
Axelliant, LLC $6,387.79 $191,633.60
IT Devices Online, Inc. $6,789.34 $203,680.18
Questivity, Inc. $6,802.10 $204,062.89
Kambrian Corporation $6,811.47 $204,343.97
Zones, LLC $6,830.09 $204,902.59
EIDIM Group, Inc. dba EIDIM AV Technology $6,936.03 $208,080.90 googoz.com, Inc. $6,969.71 $209,091.32
Software Information Resource Corp. $7,132.01 $213,960.24 AVAVA ZAINOUBA, LLC $7,544.94 $226,348.20

On Monday April 14, 2025, the City Council awarded the RFP to Ingram Technologies, LLC, and approved the purchase of thirty-two (32) mobile data computers in the amount of $181,578.50.

Thereafter, Ingram informed City staff th at they had made a mistake in their proposal, were unable to provide the equipment and withdrew their proposal.

Based on available funding, and to avoid further confusion, staff is keeping the number of units at 30, which is consistent with what was included in the RFP.

Staff recommends that the award to Ingram be rescinded as non-responsive and instead award the RFP to L EHR Upfitters, LLC, as they submitted the next lowest priced, responsible and complete proposal.

15 AGENDA ITEM NO. 5.

FISCAL IMPACT
The cost per unit increased by $214.62 , but by limiting the purchase to 30 instead of 32, the overall expenditure is $6,472.05 less. Ther e are sufficient funds allocated in the Information Technology Division budget for the purchase of these Panasonic Toughbook laptops.

REASON FOR RECOMMENDATION
The City has standardized on Panasonic Laptops for vehicles as they have proven to be very reliable and able to stand up to the rigors of the mobile work environment. Additionally, LEHR was awarded the Mobile Data Computer RFP in 2024. They have verified that they are able to honor the pricing they provided and working with them again will ensure cost -certainty and a consistent level of service.

ACTIONS FOLLOWING APPROVAL
Staff will purchase the budgeted Panasonic Laptops. As the Laptops arrive, t hey will be setup and installed in the vehicles for immediate use.

CONFLICT OF INTEREST
None.

Prepared by: Jesse Velez, IT Deputy Director

Reviewed by: City Manager AH

16 AGENDA ITEM NO. 5.

Attachment 1
TO: Mayor and City Council
FROM: Administration
DATE: April 14, 2025
SUBJECT: Administration – Approval – Award the Request for Proposals and approve the purchase of thirty-two (32) Mobile Data Computers to Ingram Technologies, LLC, for $181,578.50.

ATTACHMENTS: None.

RECOMMENDATION
For the City Council to Award the Request for Proposals (RFP) and approve the purchase of thirty-two (32) Mobile Data Computers to Ingram Technologies, LLC, for $181,578.50.

Staff went out with a Request for Proposals (RFP) from vendors using the City’s online bidding system in March 2025 and received fifteen responses. Ingram Technologies , LLC, submitted the lowest priced and complete proposal.

BACKGROUND
Every police vehicle and fire engine are outfitted with Mobile Data Computers (MDC) to receive and send information on calls assigned to the officer or fire fighter.

In an effort to better serve the public by keeping officers on the street doing their duties, all MDCs are being standardized to a laptop configuration. This is consistent with what other public safety agencies across the nation have adopted. Utilizing laptop computers have helped achieve the following benefits:
 Reduced amount of down time.
 Easier to exchange laptops from one vehicle to the next.  Repair costs have been greatly reduced.
 Has reduced cost of deployment.
 Allowed for consistent environmental conditions for computers. 11 AGENDA ITEM NO. 4.
17 AGENDA ITEM NO. 5.

Attachment 1
Staff requested proposals from vendors using the City’s online bidding system on March 4, 2025, and received fifteen (15) responses.

To ensure an ‘apples to apples’ comparison and to not exceed available funding, staff requested pricing on thirty (30) Panasonic Toughbook laptops, keyboards, and docking stations. The total cost for the thirty units including tax, shipping and a five-year warranty, was as follows:

Vendor Total
Ingram Technologies, LLC $168,667.75
LEHR Upfitters OpCo, LLC $175,106.45
Kijero, LLC $182,120.00
TAILORBIRD VENTURES $184,971.90
Southern Computer Warehouse, Inc. $186,551.70
Hypertec USA, Inc. $191,520.00
Axelliant, LLC $191,633.60
IT Devices Online, Inc. $203,680.18
Questivity, Inc. $204,062.89
Kambrian Corporation $204,343.97
Zones, LLC $204,902.59
EIDIM Group, Inc. dba EIDIM AV Technology $208,080.90
googoz.com, Inc. $209,091.32
Software Information Resource Corp $213,960.24
AVAVA ZAINOUBA, LLC $226,348.20
Ingram Technologies, LLC, submitted the lowest priced responsible proposal.

Based on the above comparison and available funding, staff is rec ommending the purchase of thirty-two (32) Panasonic Toughbook laptops from Ingram Technologies LLC for an amount of $181,578.50.

FISCAL IMPACT
There are sufficient funds allocated in the Information Technology Division budget for the purchase of these Panasonic Toughbook laptops.

REASON FOR RECOMMENDATION
The City has standardized on Panasonic Laptops for vehicles as they have proven to be very reliable and able to stand up to the rigors of the mobile work environment.

ACTIONS FOLLOWING APPROVAL
Staff will purchase the budgeted Panasonic Laptops. As the Laptops arrive, they will be setup and installed in the vehicles for immediate use.

CONFLICT OF INTEREST
None.
12 AGENDA ITEM NO. 4.
18 AGENDA ITEM NO. 5.

Attachment 1
Prepared by: Jesse Velez, IT Deputy Director

Reviewed by: City Manager AH
13 AGENDA ITEM NO. 4.
19 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: Finance Department
DATE: May 12, 2025
SUBJECT: Finance – Receive and File – Investment Report for the Month of November 2024.

ATTACHMENTS: 1. Distribution of Investments

2. Monthly Investment Transactions

3. Certificates of Deposit

4. Municipal Securities

5. Corporate Securities

6. Graph of November 30, 2024 Treasury Rates

RECOMMENDATION
Staff recommends that the City Council receive and file the Investment Report for the Month of November 2024.

EXECUTIVE SUMMARY
Attached is the Investment Report for the month of November 2024. Shown in Attachment 1 is the distribution of investments which lists all the individual securities owned by the City with the book and market values. Book value is the actual price paid for the investment. Market value is the amount that the investment is worth if sold in the open market. The market value (which fluctuates daily) that is used in the report is as of the last working day of the month. Attachment 2 reflects the monthly investment transactions for the month of November 2024. Attachment 3 lists the certificates of deposit. Attachment 4 lists the municipal securities. Attachment 5 lists the corporate securities. Attachment 6 is a graph of Treasury rates on November 30, 2024.

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

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

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

20 AGENDA ITEM NO. 6.

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

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

The Finance Department invests the City’s assets with an expectation of achieving a total rate of return at a level that exceeds the annualized rate of return on short -term government guaranteed or insured obligations (90 -day Treasury bills) a nd to assure that the principal is preserved with minimal risk of depreciation or loss. In periods of rising interest rates, the City of Clovis portfolio return may be less than that of the annualized 90 -day Treasury bill. In periods of decreasing interest rates, the City of Clovis portfolio return may be greater than the annualized 90-day Treasury bill. The current 90 -day Treasury bill rate (annualized) is 5. 22%. The rate of return for the City of Clovis portfolio is 3.68%. The goal for the City of Clovis investment return is 120% of the 90 -day Treasury bill rate. The current rate of return is 71% of the Treasury bill rate.

The Finance Department began investing in corporate securities in February 2024 to provide additional diversification and yield to the portfolio. To date, 21 corporate securities have been purchased at a net book value of $40,735,231 as of November 30, 2024. Their average yield is

4.42%, which is roughly 37 basis points higher than current yields on 5-year Treasury bonds.

In accordance with the Investment Policy, the investment period on each investment is up to three years and can be extended to five years with the City Manager’s approval. As of November 2024, the average investment life of the City’s investment portfolio is 1.87 years.

Current Investment Environment and Philosophy

During the month of November 2024, the federal funds rate target range was 4.50%-4.75%. On November 30, 2024, the Treasury yield curve decreased from 3-month to 10-year notes.

Certificates of Deposit (CD’s)

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

Purchases and Maturities

• 0 government securities were purchased.
• 1 government securities matured.
• 3 certificates of deposit totaling $750,000 were purchased. • 3 certificates of deposit totaling $750,000 matured.
• 0 municipal securities were purchased.
• 0 municipal securities were called or matured.
• 2 corporate securities were purchased.
21 AGENDA ITEM NO. 6.
• 0 corporate securities were called or matured.

Market Environment

• During November, the federal funds target rate range was at 4.50%-4.75%. • On November 30 , the yield curve decreased from 3 -month to 10 -year notes. See Attachment 6, Graph of Treasury Rates on November 30, 2024.

BACKGROUND
State law (Government Code Section 53646(b)) requires that the City Treasurer provide quarterly reports on their investment activities to their governing body.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The Finance report is for information only and no action is required.

ACTIONS FOLLOWING APPROVAL
Staff will file the report.

CONFLICT OF INTEREST
None.

Prepared by: Angela Papazian, Deputy Finance Director

Reviewed by: City Manager AH

22 AGENDA ITEM NO. 6.

STATED

DAYS TO

MATURITY

NET BOOK MARKET YIELD TO INTEREST INVEST MATURIT Y FROM COST VALUE VALUE * MATURIT Y RATE DATE DATE 11/30/2024

GOV'T SECURITIES
FHLB 1,595,506 1,729,600 1,729,431 4.515% 0.500% 11/16/22 12/30/24 30 FNMA 1,857,400 1,982,580 1,981,380 4.415% 0.500% 03/23/23 02/24/25 86 FNMA 930,300 991,399 990,950 4.338% 0.520% 03/23/23 02/25/25 87 FHLB 932,200 991,465 990,540 4.328% 0.625% 03/23/23 02/27/25 89 FHLB 3,980,000 3,998,357 3,972,160 1.922% 1.750% 02/28/22 02/28/25 90 FHLB 4,000,000 4,000,000 3,972,400 2.750% 2.750% 04/25/22 04/25/25 146 FAMCMTN 3,947,600 3,990,473 3,906,200 1.121% 0.750% 12/16/21 07/28/25 240 FHLB 5,000,000 5,000,000 4,976,800 3.600% 3.600% 08/30/22 08/28/25 271 FAMCMTN 4,948,500 4,989,808 4,857,650 0.869% 0.600% 10/14/21 09/08/25 282 FHLB 871,150 919,962 915,990 3.886% 0.500% 04/26/23 11/25/25 360 FHLB 4,963,000 4,989,977 4,780,550 0.750% 0.580% 09/08/21 02/11/26 438 FHLB 3,922,000 3,977,022 3,829,080 1.229% 0.750% 12/16/21 02/24/26 451 FHLB 2,751,000 2,886,687 2,865,660 3.916% 0.790% 05/17/23 03/16/26 471 FFCB 4,967,500 4,988,024 4,707,900 1.075% 0.940% 10/14/21 09/28/26 667 FHLB 3,649,200 3,845,444 3,767,880 3.342% 1.150% 06/29/22 10/28/26 697 FHLB 5,988,000 5,995,242 5,652,600 1.291% 1.250% 11/24/21 11/24/26 724 FHLB 5,127,757 5,053,006 4,771,450 1.580% 2.125% 01/20/22 12/11/26 741 FHLB 4,043,250 4,280,889 4,180,243 3.397% 1.020% 06/29/22 02/24/27 816 FHLB 4,550,000 4,777,724 4,665,397 3.173% 1.020% 08/17/22 02/24/27 816 FHLB 3,695,200 3,860,945 3,802,019 2.564% 0.900% 03/31/22 02/26/27 818 FHLB 6,072,400 6,402,951 6,305,229 3.737% 0.900% 01/19/23 02/26/27 818 FHLB 5,247,000 5,581,269 5,496,088 4.329% 0.900% 02/16/23 02/26/27 818 FHLB 5,050,770 5,354,026 5,300,658 3.971% 1.000% 12/14/22 02/26/27 818 FHLB 4,000,000 4,000,000 3,834,840 2.375% 2.375% 03/08/22 03/08/27 828 FFCB 5,160,000 5,448,881 5,393,100 3.996% 0.830% 03/23/23 02/22/28 1,179 FHLB 355,160 364,666 361,724 4.123% 1.125% 01/18/24 02/25/28 1,182 FFCB 2,123,750 2,223,742 2,258,200 4.812% 1.000% 09/27/23 03/02/28 1,188 FHLB 1,893,209 1,982,856 2,018,973 5.018% 1.000% 10/18/23 03/10/28 1,196 FHLB 3,124,500 3,084,604 3,035,730 3.553% 4.500% 05/17/23 03/10/28 1,196 FFCB 626,780 642,038 638,848 4.121% 1.370% 01/18/04 03/22/28 1,208 FFCB 6,102,000 6,069,378 5,940,480 3.501% 3.875% 04/26/23 04/25/28 1,242 FFCB 5,354,250 5,398,138 5,400,725 4.349% 3.740% 06/14/23 04/27/28 1,244 FFCB 2,955,000 2,967,644 2,982,360 4.814% 4.470% 07/12/23 06/22/28 1,300 FFCB 2,641,500 2,715,910 2,696,370 4.130% 1.230% 12/20/23 07/13/28 1,321 FHLMC 853,500 886,027 893,450 4.601% 1.100% 11/15/23 07/27/28 1,335 FNMA 848,800 882,351 890,020 4.613% 1.000% 11/15/23 07/28/28 1,336 FHLB 882,500 906,570 897,830 4.117% 1.300% 12/20/23 08/04/28 1,343 FHLB 2,981,700 2,985,888 3,060,120 4.892% 4.750% 10/18/23 09/08/28 1,378 FHLMC 842,300 875,682 883,590 4.614% 1.000% 11/15/23 10/19/28 1,419 SECURITIES TOTAL 128,834,681$ 132,021,224 $ 129,604,615 $ LAIF 58,646,660$ 58,646,660 $
Municipal Issuance 57,389,326$ 56,842,923 $
Corporate Securities 40,735,231$ 40,952,509 $
Sweep Account (Union Bank) 6,114,594$ 6,114,594 $ TOTAL CD'S 32,000,000$ 32,116,358 $
TOTAL INVESTMENTS 326,907,035$ 324,277,659 $
* Market values for securities obtained from US Bank.

City of Clovis
Distribution of Investments
As of November 30, 2024
ATTACHMENT 1
23 AGENDA ITEM NO. 6.

Activity Maturity
Institution Description Activit y Amount Market Value Rate Date Date MidAmerican Energy Corp Purchase 1,500,000 1,450,050 3.650% 11/20/24 04/15/29 Unilever Cap Corp Corp Purchase 1,500,000 1,350,000 2.125% 11/22/24 09/06/29 True Sky Cr Un CD Purchase 250,000 250,000 4.100% 11/06/24 11/08/27 Workers Cr Un CD Purchase 250,000 250,000 4.100% 11/22/24 11/22/27 San Francisco Fed Cr Un CD Purchase 250,000 250,000 4.250% 11/27/24 11/27/28 FHLB Gov. Sec. Maturity 5,000,000 4,999,549 1.050% 11/15/24 11/15/24 UBS Bank USA CD Maturity 250,000 250,000 0.650% 11/18/24 11/18/24 Morgan Stanley Bank CD Maturity 250,000 250,000 5.000% 11/18/24 11/18/24 Webbank Salt Lake CD Maturity 250,000 250,000 0.650% 11/29/24 11/29/24

PORTFOLIO DATA
Current Month (11/24)
Book Market
CD'S 32,000,000 $ 32,116,358 $
Gov't Securities* 132,021,224 129,604,615
Municipal Securities 57,389,326 56,842,923
Corporate Securities 40,735,231 40,952,509
LAIF 58,646,660 58,646,660
Sweep Account (Union Bank) 6,114,594 6,114,594
TOTAL 326,907,035 $ 324,277,659 $
Prior Month (10/24)
Three Months Previous (08/24)
Book Market Book Market
CD'S 32,000,000 $ 32,185,920 $ CD'S $32,500,000 $32,668,768 Gov't Securities* 136,873,526 134,328,806 Gov't Securities* 136,266,024 134,401,543 Municipal Securities 57,303,416 56,678,797 Municipal Securities 56,954,370 56,748,450 Corporate Securities 37,932,539 38,022,820 Corporate Securities 35,830,493 36,476,220 LAIF 58,646,660 58,646,660 LAIF 57,959,324 57,959,324
Sweep Account (Union Bank) 9,179,666 9,179,666 Sweep Account (Union Bank) 12,462,171 12,462,171 TOTAL 331,935,807 $ 329,042,669 $ TOTAL $331,972,382 330,716,476 $ Six Months Previous (05/24)
One Year Previous (11/23)
Book Market Book Market
CD'S $32,000,000 $31,646,538 CD'S $19,245,000 $18,599,372 Gov't Securities* 141,808,163 137,255,049 Gov't Securities* 133,263,676 126,769,132 Municipal Securities 57,132,240 55,727,322 Municipal Securities 51,805,000 47,365,936 Corporate Securities 23,816,029 23,618,720 Corporate Securities - - LAIF 57,312,667 57,312,667 LAIF 74,905,243 74,905,243
Sweep Account (Union Bank) 29,051,998 29,051,998 Sweep Account (Union Bank) 20,638,225 20,638,225 TOTAL $341,121,097 334,612,294 $ TOTAL 299,857,144 $ 288,277,908 $ *Adjusted Quarterly for Premium/Discount Amortization
As of November 30, 2024
Monthly Investment Transactions
City of Clovis
ATTACHMENT 2
24 AGENDA ITEM NO. 6.

MARKET INTEREST INVEST MATURITY MATURITY FROM INTEREST
Negotiable CDs COST PRICE RATE DATE DATE 11/30/24 FREQUENCY Medallion Bank Salt Lake City 250,000 249,477.50 0.900% 12/20/21 12/20/24 20 QUARTERLY Beal Bank 250,000 248,855.00 0.950% 01/19/22 01/15/25 46 QUARTERLY Mountian Amer Fed 250,000 249,297.50 3.450% 08/31/22 02/28/25 90 QUARTERLY Barclays Bk 250,000 248,070.00 1.700% 03/09/22 03/10/25 100 QUARTERLY Goldman Sachs Bk 250,000 248,035.00 1.650% 03/09/22 03/10/25 100 QUARTERLY Safra National Bk 250,000 248,047.50 2.000% 03/23/22 03/24/25 114 QUARTERLY Pentagon Federal Cr Un 250,000 247,972.50 2.000% 03/28/22 03/28/25 118 QUARTERLY Beal Bank 250,000 248,072.50 2.200% 04/06/22 04/02/25 123 QUARTERLY JP Morgan Chase 250,000 248,215.00 2.500% 04/08/22 04/08/25 129 QUARTERLY First Natl Bank 250,000 247,957.50 2.200% 04/12/22 04/11/25 132 QUARTERLY One Community Bank 250,000 248,195.00 2.700% 04/29/22 04/29/25 150 QUARTERLY Americu Credit Union 250,000 248,267.50 2.800% 05/02/22 05/02/25 153 QUARTERLY Synchrony Bank Retail 250,000 248,415.00 3.100% 05/20/22 05/20/25 171 QUARTERLY Connexus Credit Union 250,000 248,280.00 3.000% 05/26/22 05/27/25 178 QUARTERLY Bmo Harris Bank 250,000 248,272.50 3.150% 06/17/22 06/17/25 199 QUARTERLY Saco Biddeford 250,000 247,867.50 2.850% 06/17/22 06/17/25 199 QUARTERLY Baxter Credit Union 250,000 248,552.50 3.400% 06/28/22 06/30/25 212 QUARTERLY Capital One Bank 250,000 248,440.00 3.350% 06/29/22 06/30/25 212 QUARTERLY American First Cr Un 250,000 248,202.50 3.250% 07/15/22 07/15/25 227 QUARTERLY Trustone Financial Cr Un 250,000 248,160.00 3.250% 07/19/22 07/21/25 233 QUARTERLY American Natl Bank 250,000 247,862.50 3.100% 07/27/22 07/28/25 240 QUARTERLY TCM Bank 250,000 248,270.00 3.350% 07/28/22 07/28/25 240 QUARTERLY Generations Bank 250,000 248,337.50 3.400% 08/03/22 08/04/25 247 QUARTERLY Direct Fed Credit 250,000 248,162.50 3.500% 08/17/22 08/18/25 261 QUARTERLY Resource One Credit 250,000 248,075.00 3.300% 08/17/22 08/18/25 261 QUARTERLY Skyone Fed Credit 250,000 248,517.50 3.600% 08/30/22 09/02/25 276 QUARTERLY Credit Union of Texas 250,000 248,547.50 3.600% 09/14/22 09/15/25 289 QUARTERLY Forbright Bank 250,000 248,275.00 3.500% 09/16/22 09/16/25 290 QUARTERLY Alabama Credit Union 250,000 248,472.50 3.600% 09/20/22 09/22/25 296 QUARTERLY Kemba Finl Credit Union 250,000 249,247.50 4.000% 09/21/22 09/22/25 296 QUARTERLY Ally Bank Sandy Utah 250,000 249,310.00 4.050% 09/29/22 09/29/25 303 QUARTERLY Farmers Merchants 250,000 248,755.00 3.750% 09/28/22 09/29/25 303 QUARTERLY Jefferson Finl FCU 250,000 249,575.00 4.150% 09/29/22 09/29/25 303 QUARTERLY Dort Finl Credit Union 250,000 249,235.00 4.000% 09/30/22 09/30/25 304 QUARTERLY First National Bank 250,000 248,702.50 3.625% 09/30/22 09/30/25 304 QUARTERLY Numerica Credit Union 250,000 249,825.00 4.200% 09/30/22 09/30/25 304 QUARTERLY Vystar Credit Union 250,000 249,957.50 4.350% 09/30/22 09/30/25 304 QUARTERLY 1st Financial Bank 250,000 249,552.50 4.150% 10/13/22 10/14/25 318 QUARTERLY Bell Bank Fargo 250,000 249,552.50 4.150% 10/13/22 10/14/25 318 QUARTERLY Pacific Alliance 250,000 249,660.00 4.200% 10/14/22 10/14/25 318 QUARTERLY Great Southern Bank 250,000 250,020.00 4.500% 10/20/22 10/20/25 324 QUARTERLY American Bank 250,000 249,925.00 4.350% 10/21/22 10/21/25 325 QUARTERLY Queensborough Natl Bank 250,000 249,775.00 4.100% 10/21/22 10/21/25 325 QUARTERLY Public Alliance Cr Un 250,000 250,340.00 4.500% 10/25/22 10/27/25 331 QUARTERLY First Citizens Bank 250,000 250,710.00 4.700% 10/28/22 10/28/25 332 QUARTERLY LCA Bank Corp 250,000 250,050.00 4.400% 10/28/22 10/28/25 332 QUARTERLY Sharonview Fed Cr Un 250,000 250,212.50 4.850% 10/31/22 10/31/25 335 QUARTERLY United Heritage Cr Un 250,000 250,962.50 4.700% 11/04/22 11/04/25 339 QUARTERLY Capital One Natl Assn 250,000 251,430.00 4.900% 11/16/22 11/17/25 352 QUARTERLY Spokane Teachers Cr Un 250,000 251,660.00 5.000% 11/23/22 11/23/25 358 QUARTERLY Morgan Stanley Private 250,000 249,927.50 4.750% 12/09/22 12/09/25 374 QUARTERLY Community Bank Topeka 250,000 249,962.50 4.300% 12/14/22 12/15/25 380 QUARTERLY Austin Telco Fed 250,000 251,637.50 4.950% 12/16/22 12/16/25 381 QUARTERLY Alliant Credit Union 250,000 252,057.50 5.100% 12/30/22 12/30/25 395 QUARTERLY First Technology Fed Cr Un 250,000 252,190.00 5.150% 06/30/23 12/30/25 395 MONTHLY Liberty First Cr Un 250,000 250,705.00 4.550% 01/17/23 01/19/26 415 QUARTERLY Capital Educators Fed Cr 250,000 250,705.00 4.550% 01/19/23 01/20/26 416 QUARTERLY Manufacturers Traders 250,000 250,120.00 4.250% 01/31/23 01/23/26 419 QUARTERLY City Natl Bank 250,000 249,842.50 4.350% 01/25/23 01/26/26 422 QUARTERLY Coastlife Cr Un 250,000 251,040.00 4.650% 02/13/23 02/13/26 440 QUARTERLY Achieve Finl Cr Un 250,000 251,055.00 4.650% 02/17/23 02/17/26 444 QUARTERLY California Cr Un Glendale 250,000 250,482.50 4.500% 02/23/23 02/23/26 450 QUARTERLY Truliant Fed Cr Un 250,000 250,965.00 4.600% 02/28/23 02/27/26 454 QUARTERLY Pioneer Fed Cr Un Mtn Home 250,000 250,972.50 4.600% 02/28/23 03/02/26 457 QUARTERLY Tradition Cap Bankk 250,000 250,800.00 4.600% 03/03/23 03/03/26 458 MONTHLY City of Clovis
Certificates of Deposit
As of November 30, 2024
ATTACHMENT 3
25 AGENDA ITEM NO. 6.

MARKET INTEREST INVEST MATURITY MATURITY FROM INTEREST
Negotiable CDs COST PRICE RATE DATE DATE 11/30/24 FREQUENCY City of Clovis
Certificates of Deposit
As of November 30, 2024
Alaska Fed Cr 250,000 251,375.00 4.650% 03/05/23 03/09/26 464 MONTHLY Mid Carolina Credit 250,000 252,205.00 4.600% 03/13/23 03/13/26 468 MONTHLY Blue Ridge Bank 250,000 252,182.50 4.500% 03/16/23 03/16/26 471 MONTHLY Northwest Bank 250,000 252,257.50 4.600% 03/17/23 03/17/26 472 MONTHLY Valleystar Credit Union 250,000 252,275.00 4.600% 03/20/23 03/20/26 475 MONTHLY First Community Bank 250,000 252,097.50 4.500% 03/22/23 03/23/26 478 MONTHLY Technology Credit Union 250,000 252,312.50 4.650% 03/23/23 03/23/26 478 MONTHLY Cibc Bank 250,000 252,070.00 4.650% 03/24/23 03/24/26 479 MONTHLY Signature Bank 250,000 252,297.50 4.500% 03/24/23 03/24/26 479 MONTHLY Point West Credit Union 250,000 252,377.50 5.000% 04/12/23 04/13/26 499 MONTHLY Flagstar Bank 250,000 252,447.50 4.650% 03/30/23 04/24/26 510 MONTHLY Utah Cmnty Credit Union 250,000 251,155.00 4.600% 04/26/23 04/27/26 513 MONTHLY Cross River Bank 250,000 251,330.00 4.650% 05/19/23 05/19/26 535 MONTHLY Raiz FCU 250,000 251,945.00 4.650% 05/24/23 05/26/26 542 MONTHLY Usalliance FCU 250,000 251,582.50 4.700% 05/26/23 05/26/26 542 MONTHLY Chartway Fed Cr Un 250,000 252,375.00 4.900% 06/09/23 06/09/26 556 MONTHLY Customers Bank 250,000 251,605.00 4.700% 06/14/23 06/15/26 562 MONTHLY Lafayette Fed Cr Un 250,000 252,625.00 4.950% 12/13/23 06/15/26 562 QUARTERLY Latino Cmnty Cr Un 250,000 252,515.00 4.900% 06/27/23 06/29/26 576 MONTHLY Leaders Cr Un 250,000 252,837.50 5.000% 06/30/23 06/30/26 577 MONTHLY Farmers Insurance 250,000 253,000.00 5.000% 07/21/23 07/21/26 598 MONTHLY Maine Svgs FCU 250,000 253,000.00 5.000% 07/21/23 07/21/26 598 MONTHLY Popular Bank New York 250,000 252,655.00 4.850% 09/06/23 09/04/26 643 QUARTERLY Freedom Northwest Cr Un 250,000 254,912.50 5.350% 09/19/23 09/18/26 657 QUARTERLY Amex National Bank 250,000 253,432.50 5.000% 09/20/23 09/21/26 660 QUARTERLY First Gty Bank 250,000 253,975.00 5.100% 10/13/23 10/13/26 682 MONTHLY Bridgewater Bank 250,000 254,120.00 5.100% 11/03/23 11/03/26 703 MONTHLY Taylorsville Svgs Bk 250,000 254,120. 00 5.100% 11/03/23 11/03/26 703 MONTHLY Mountain Comm Bk 250,000 251,507.50 4.500% 12/20/23 12/21/26 751 QUARTERLY American Bk Freedom 250,000 251,400.00 4.500% 12/22/23 12/22/26 752 QUARTERLY Rockland Fed Cr Un 250,000 252,005.00 4.600% 12/22/23 12/22/26 752 QUARTERLY Hughes Fed Cr Un 250,000 251,145.00 4.400% 01/29/24 01/29/27 790 QUARTERLY MVB Bk Inc Fairmont 250,000 250,345.00 4.250% 01/31/24 01/29/27 790 QUARTERLY Farmers & Merchants Tr Co 250,000 249,855.00 4.150% 01/30/24 02/01/27 793 QUARTERLY Oregon Cmnty Cr Un 250,000 250,627.50 4.300% 02/09/24 02/09/27 801 MONTHLY Valley Natl Bk 250,000 251,445.00 4.450% 02/21/24 02/22/27 814 MONTHLY CFBank Fairlawn 250,000 251,492.50 4.450% 03/05/24 03/05/27 825 QUARTERLY Haven Svgs Bk 250,000 251,740.00 4.500% 03/06/24 03/08/27 828 QUARTERLY Univest Natl Bk 250,000 252,287.50 4.600% 03/13/24 03/15/27 835 QUARTERLY First Natl Bk 250,000 252,360.00 4.600% 03/19/24 03/19/27 839 QUARTERLY Nicolet Natl Bk 250,000 252,372.50 4.600% 03/22/24 03/22/27 842 QUARTERLY People Bank Co 250,000 253,542.50 4.650% 03/30/23 03/30/27 850 MONTHLY United FID Bank FSB 250,000 252,460.00 4.600% 04/12/24 04/12/27 863 QUARTERLY Maine Cmnty Bk 250,000 253,197.50 4.700% 05/15/24 05/17/27 898 QUARTERLY Fahey Banking Co 250,000 253,217.50 4.700% 05/21/24 05/21/27 902 QUARTERLY Crown Bank Edina 250,000 252,937.50 4.650% 05/23/24 05/24/27 905 QUARTERLY Gilmer Natl Bk 250,000 253,597.50 4.750% 06/07/24 06/07/27 919 QUARTERLY First Fndtn Bk 250,000 254,457.50 4.900% 06/13/24 06/14/27 926 QUARTERLY Empower Fed Cr Un 250,000 254,630.00 4.900% 06/26/24 06/28/27 940 QUARTERLY Optum Bk Draper 250,000 253,345.00 4.700% 07/10/24 07/12/27 954 QUARTERLY Generations Cmnty Fed Cr Un 250,000 249,207.50 4.000% 08/21/24 08/23/27 996 QUARTERLY National Bk Superior 250,000 245,865.00 3.500% 10/08/24 10/08/27 1,042 QUARTERLY True Sky Cr Un 250,000 249,985.00 4.100% 11/06/24 11/08/27 1,073 QUARTERLY Workers Cr Un 250,000 249,987.50 4.100% 11/22/24 11/22/27 1,087 QUARTERLY Carroll County 250,000 253,267.50 4.650% 03/30/23 03/30/28 1,216 MONTHLY Discover Bank 250,000 252,137.50 4.350% 04/26/23 04/24/28 1,241 MONTHLY TTCU Fed Cr Un 250,000 257,915.00 5.000% 07/26/23 07/26/28 1,334 MONTHLY Wells Fargo Natl Bk 250,000 259,110.00 5.050% 11/14/23 11/14/28 1,445 MONTHLY Consumers Fed Cr Un 250,000 258,670.00 5.000% 11/16/23 11/16/28 1,447 MONTHLY San Francisco Fed Cr Un 250,000 251,840.00 4.250% 11/27/24 11/27/28 1,458 QUARTERLY Amerasia Bk 250,000 249,517.50 4.000% 02/15/24 02/15/29 1,538 MONTHLY USF Fed Cr Un 250,000 253,207.50 4.350% 07/30/24 07/30/29 1,703 QUARTERLY Sallie Mae Bk 250,000 252, 505.00 4.300% 07/31/24 07/31/29 1,704 QUARTERLY Negotiable CD TOTAL 32,000,000$ 32,116,358$
CD TOTAL 32,000,000$ 32,116,358$ 26
AGENDA ITEM NO. 6.

NET BOOK MARKET INTEREST INVEST MATURITY MATURITY FROM INTEREST Municipal Securities VALUE PRICE RATE DATE DATE 11/30/24 FREQUENCY University CA Rev Bond 996,076 993,710 4.350% 09/15/22 05/15/25 166 QUARTERLY Antelope Valley CA Ref Bond 743,326 737,100 1.767% 05/12/22 08/01/25 244 QUARTERLY Chabot Las Positas Cmnty Clg Bond 1,470,692 1,455,656 0.880% 04/29/22 08/01/25 244 QUARTERLY Foothill De Anza Bond 817,466 815,895 0.906% 03/24/23 08/01/25 244 QUARTERLY San Dieguito High School Ref Bond 982,684 982,310 1.661% 10/13/22 08/01/25 244 QUARTERLY Santa Ana CCD Ref Bond 246,162 244,098 0.744% 05/12/22 08/01/25 244 QUARTERLY Orange County Water Dist Ref Bond 886,095 885,834 2.095% 10/13/22 08/15/25 258 QUARTERLY San Jose CA Txble Ser B 2,322,128 2,321,677 2.450% 10/13/22 09/01/25 275 QUARTERLY Los Angeles CA USD Ref Bond 1,003,422 954,830 1.455% 11/15/21 07/01/26 578 QUARTERLY Chabot Las Positas Cmnty Clg CA 3,392,886 3,323,476 1.080% 07/27/22 08/01/26 609 QUARTERLY Chaffey CA High School Ref Bond 1,539,147 1,521,055 2.475% 06/30/22 08/01/26 609 QUARTERLY Huntington Beach HS Dist Ref Bond 3,215,171 3,135,487 1.208% 04/29/22 08/01/26 609 QUARTERLY Placentia Yorba USD Ref Bond 1,077,244 1,050,981 1.070% 05/31/22 08/01/26 609 QUARTERLY San Diego CA Cmnty Ref Bond 464,018 455,486 2.299% 04/29/22 08/01/26 609 QUARTERLY San Ramon Valley CA USD Ref Bond 2,125,000 2,017,220 1.147% 11/03/21 08/01/26 609 QUARTERLY Sonoma Cnty Jr College Ref Bond 1,966,063 1,938,280 2.447% 06/30/22 08/01/26 609 QUARTERLY San Diego CA Pub Facs Ref Bond 1,579,779 1,549,633 1.812% 08/18/22 10/15/26 684 QUARTERLY CA ST Univ Rev Ref Bond 2,354,282 2,353,800 1.142% 02/17/23 11/01/26 701 QUARTERLY El Dorado CA Irr Dist Ref Bond 1,132,824 1,107,367 1.687% 08/18/22 03/01/27 821 QUARTERLY Rancho Santiago Cmnty Clg 2,215,957 307,664 1.106% 11/17/22 03/01/27 821 QUARTERLY University Gen Rev Bond 558,217 2,217,478 1.316% 10/13/22 05/15/27 896 QUARTERLY El Monte Ca Ref Bond 2,071,019 556,896 1.326% 03/24/23 06/01/27 913 QUARTERLY Los Angeles CA Dept Wtr Ref Bond 986,203 2,056,660 5.516% 04/27/23 07/01/27 943 QUARTERLY Colton CA Jt Uni Sch 843,425 987,760 1.603% 11/17/22 08/01/27 974 QUARTERLY Contra Costa Ref Bond 233,512 833,140 2.163% 09/15/22 08/01/27 974 QUARTERLY Corona Norco Ref Bond 502,987 236,980 2.297% 09/28/23 08/01/27 974 QUARTERLY Foothill De Anza CCD 1,009,948 502,999 1.473% 12/15/22 08/01/27 974 QUARTERLY Fremont CA Uni Sch Dist 1,111,006 1,010,570 1.113% 11/17/22 08/01/27 974 QUARTERLY Fremont CA USD Ref Bond 324,874 1,072,478 2.000% 05/31/22 08/01/27 974 QUARTERLY Marin CA Cmnty Clg Dist 261,055 328,052 3.330% 11/17/22 08/01/27 974 QUARTERLY Mount San Antonio Cmnty Clg 383,252 262,152 1.139% 11/17/22 08/01/27 974 QUARTERLY Mount San Antonio Ref Bond 2,932,667 384,523 2.329% 10/13/22 08/01/27 974 QUARTERLY Saddleback VY Uni Ref Bond 563,492 2,865,960 2.400% 08/10/22 08/01/27 974 QUARTERLY San Diego CA Com CD 1,350,715 563,745 2.407% 12/15/22 08/01/27 974 QUARTERLY San Ramon Valley Ref Bond 988,898 1,333,086 3.415% 09/15/22 08/01/27 974 QUARTERLY Santa Monica Cmnty Clg Ref Bond 427,328 976,952 3.050% 09/15/22 08/01/27 974 QUARTERLY Sierra CA Cmnty Clg Dist 183,558 428,925 1.129% 11/17/22 08/01/27 974 QUARTERLY William Hart CA Un High 306,877 184,140 1.174% 11/17/22 08/01/27 974 QUARTERLY San Jose CA Txble Ser B 866,682 870,606 2.600% 10/13/22 09/01/27 1,005 QUARTERLY Soquel Creek Cnty Ref Bond 501,220 497,127 1.445% 05/18/23 03/01/28 1,187 QUARTERLY Gardena Calif Pension Oblig 923,302 942,970 2.663% 10/19/23 04/01/28 1,218 QUARTERLY Beverly Hills Ref Bond 578,395 576,650 1.514% 06/15/23 06/01/28 1,279 QUARTERLY California Health FACS 723,380 735,642 3.378% 11/16/23 06/01/28 1,279 QUARTERLY Alameda Cnty Calif 523,658 527,828 3.519% 03/21/24 08/01/28 1,340 QUARTERLY Desert CA Cmnty College 925,079 924,290 2.023% 01/19/24 08/01/28 1,340 QUARTERLY Long Beach Calif Cmnty 677,838 681,251 2.337% 03/21/24 08/01/28 1,340 QUARTERLY Redondo Beach Ref Bond 596,770 611,530 1.430% 09/28/23 08/01/28 1,340 QUARTERLY San Ramon Valley CA Uni 1,650,683 1,660,641 1.670% 07/13/23 08/01/28 1,340 QUARTERLY Santa Ana College Impt 1,341,201 1,351,035 1.320% 07/13/23 08/01/28 1,340 QUARTERLY Santa Clarita CA Cmnty 909,885 910,440 1.563% 01/19/24 08/01/28 1,340 QUARTERLY William Hart CA High 904,569 902,140 1.429% 12/21/23 08/01/28 1,340 QUARTERLY Yosemite Calif Cmnty Clg 697,214 696,720 2.210% 12/21/23 08/01/28 1,340 QUARTERLY Mun. Securities TOTAL 57,389,326$ 56,842,923 $
Municipal Securities TOTAL 57,389,326$ 56,842,923 $
City of Clovis
Municipal Securities
As of November 30, 2024
ATTACHMENT 4
27 AGENDA ITEM NO. 6.

NET BOOK MARKET INTEREST INVEST MATURITY MATURITY FROM INTEREST Corporate Securities VALUE PRICE RATE DATE DATE 11/30/24 FREQUENCY Duke Energy Carolinas 1,957,137 1,958,840 3.950% 02/16/24 11/15/28 1,446 QUARTERLY Toyota MTR Cr Corp 1,993,290 2,009,060 4.650% 02/16/24 01/05/29 1,497 QUARTERLY Procter & Gamble Co 1,995,460 2,009,700 4.350% 02/16/24 01/29/29 1,521 QUARTERLY Air Products and Chemicals Inc 2,008,326 2,012,140 4.600% 07/29/24 02/08/29 1,531 QUARTERLY Texas Instrument Inc 1,993,239 2,014,340 4.600% 05/24/24 02/08/29 1,531 QUARTERLY Cummins Inc 2,027,768 2,029,200 4.900% 07/29/24 02/20/29 1,543 QUARTERLY Bristol-Myers Squibb Co 2,003,562 2,028,540 4.900% 05/24/24 02/22/29 1,545 QUARTERLY AstraZeneca Finance LLC 1,984,283 2,024,580 4.850% 04/19/24 02/26/29 1,549 QUARTERLY Cisco Sys Inc 2,017,182 2,032,060 4.850% 03/21/24 02/26/29 1,549 QUARTERLY Caterpillar Finl 2,018,108 2,028,080 4.850% 06/21/24 02/27/29 1,550 QUARTERLY Merck Co Inc 1,912,298 1,919,280 3.400% 03/21/24 03/07/29 1,558 QUARTERLY Blackrock Funding Inc 2,008,604 2,022,020 4.700% 03/21/24 03/14/29 1,565 QUARTERLY Adobe Inc 2,009,287 2,030,540 4.800% 05/24/24 04/04/29 1,586 QUARTERLY Home Depot Inc 1,992,988 2,033,280 4.900% 04/19/24 04/15/29 1,597 QUARTERLY Midamerican Energy Co 1,450,361 1,443,660 3.650% 11/20/24 04/15/29 1,597 QUARTERLY United Health Group 1,973,705 2,016,180 4.700% 04/19/24 04/15/29 1,597 QUARTERLY Glaxosmithkline Capital 1,899,867 1,911,800 3.375% 06/21/24 06/01/29 1,644 QUARTERLY John Deere Capital 2,011,840 2,030,440 4.850% 06/21/24 06/11/29 1,654 QUARTERLY Citibank NA 2,040,269 2,011,820 4.838% 08/15/24 08/06/29 1,710 QUARTERLY Honeywell Intl Inc 2,086,800 2,034,100 4.875% 09/27/24 09/01/29 1,736 QUARTERLY Unilever Capital Corp 1,350,857 1,352,849 2.125% 11/20/24 09/06/29 1,741 QUARTERLY Corp. Securities TOTAL 40,735,231$ 40,952,509 $
Corporate Securities TOTAL 40,735,231$ 40,952,509 $
City of Clovis
Corporate Securities
As of November 30, 2024
ATTACHMENT 5
28 AGENDA ITEM NO. 6.

Treasury Rates as of November 30, 2024
3 month Treasury bill 4.58
6 month Treasury bill 4.42
2 Yr Treasury note 4.13
3 Yr Treasury note 4.10
5 Yr Treasury note 4.05
10 Yr Treasury note 4.18

CITY OF CLOVIS

FINANCE DEPARTMENT
NOVEMBER 30, 2024 TREASURY RATES
As indicated in the above graph, treasuries decrease from 3-month to 10-year notes. 0 1
2 3
4 5
6 3 month
Treasury bill
6 month
Treasury bill
2 Yr Treasury
note
3 Yr Treasury
note
5 Yr Treasury
note
10 Yr
Treasury note

INTEREST RATES

TREASURIES
TREASURY RATES ON NOVEMBER 30, 2024
ATTACHMENT 6
29 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Finance Department
DATE: May 12, 2025
SUBJECT: Finance – Receive and File – Treasurer’s Report for the Month of November 2024.

ATTACHMENTS: 1. Summary of Cash Balances

2. Summary of Investment Activity

3. Investments with Original Maturities Exceeding One Year

RECOMMENDATION
Staff recommends that the City Council receive and file the Treasurer’s Report for the Month of November 2024.

EXECUTIVE SUMMARY
Attached for the Council’s information is the Treasurer’s Report for the month ended November 30, 2024.

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

Attachment 1 provides a summary of the beginning balance, total receipts, total disbursements, ending balance for all funds, and a listing, by fund, of all month end fund balances. Attachment 2 summarizes the investment activity for the month and distribution, by type of investment, held by the City. Attachment 3 lists all investments with original maturities exceeding one year as of the month ended November 30, 2024.

BACKGROUND
State law (Government Code Section 41004) requires that the City Treasurer shall submit to the City Clerk each month a written report and account ing of all receipts, disbursements, and fund balances.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The Finance report is for information only and no action is required. 30 AGENDA ITEM NO. 7.

ACTIONS FOLLOWING APPROVAL
Staff will file the report.

CONFLICT OF INTEREST
None.

Prepared by: Angela Papazian, Deputy Finance Director

Reviewed by: City Manager AH

31 AGENDA ITEM NO. 7.

Previous Balance $2,830,398.78
Deposits 32,260,419.74
Disbursements (30,169,230.57)
Current Balance 4,921,587.95$

FUNDS BALANCE
100 General Fund (5,899,876.30) $
201 Local Transportation 21,149,658.60
202 Parking and Business Improvements 223,470.50
203 Off Highway Use 75,845.63
204 Community Facilities District 2020-1 302,612.39 205 Senior Citizen Memorial Trust 64,334.43
207 Landscape Assessment District 6,995,250.21
208 Blackhorse III (95-1) Assessment District 10,100.84 209 Blackhorse III (95-1) Assessment District 2 21,604.55 275 HCD Block Grant Fund 770,204.91
301 Park & Recreation Acquisition 7,869,540.98
304 Affordable Housing 1,011,300.87
305 Refuse Equipment Reserve 2,797,471.68
310 Special Street Deposit Fund 56,787,558.28
314 Housing Successor Agency 465,492.03
402 1976 Fire Bond Redemption 25,446.16
404 1976 Sewer Bond Redemption Fund 438,298.29
501 Community Sanitation Fund 15,895,932.65
502 Sewer Service Fund 37,663,120.30
504 Sewer Capital Projects-Users 295,649.79
506 Sewer Capital Projects-Developer 4,718,669.02
507 Water Service Fund 45,899,364.36
508 Water Capital Projects-Users 7,579,191.50
509 Water Capital Projects-Developer 14,966,012.10 515 Transit Fund 6,451,512.89
540 Planning & Development Services 16,255,509.08
601 Property & Liability Insurance 716,819.43
602 Fleet Maintenance 29,148,508.82
603 Employee Benefit Fund 20,127,804.46
604 General Government Services 26,020,649.79
605 Facilities Maintenance 5,027,869.40
606 Information Technology 6,560,374.82
701 Curb & Gutter Fund 173,146.04
703 Payroll Tax & Withholding Fund 502,417.60
712 Temperance/Barstow Assmt Dist (98-1) 81,643.30 713 Shepherd/Temperance Assmt Dist (2000-1) 5,999.28 715 Supp Law Enforcement Serv 232,678.32
716 Asset Forfeiture 528,324.02
720 Measure A-Public Safety Facility Tax 2,136.14
736 SA Admin Trust Fund 1,421.40
741 SA Debt Service Trust Fund (135,583.78)
747 Housing Successor Trust Fund 1,137.98
SUBTOTALS 331,828,622.76$
999 Invested Funds (326,907,034.81)
TOTAL 4,921,587.95$
Statement of Cash Balances
As of November 30, 2024
City of Clovis
ATTACHMENT 1
32 AGENDA ITEM NO. 7.

Balance of Investments Previous Month End 331,935,807.48 $ Time Certificates of Deposit Transactions
Investments 750,000.00
Withdrawals (750,000.00)
Total CD Changes 0.00
Other Changes
Government Securities (4,852,302.00)
Local Agency Investment Fund 0.00
Municipal Securities 85,910.00
Corporate Securities 2,802,692.00
Sweep Account (3,065,072.67)
Total Other Changes (5,028,772.67)
Balance of Investments Current Month End 326,907,034.81$ Insured CD's 32,000,000.00
Government Securities 132,021,224.10
Corporation Securities 40,735,231.00
Local Agency Investment Fund 58,646,660.11
Municipal Securities 57,389,325.55
Sweep Account 6,114,594.05
Investment Total 326,907,034.81$
Distribution of Investments
As of November 30, 2024
City of Clovis
Summary of Investment Activity
For the month of November 30, 2024
City of Clovis
ATTACHMENT 2
33 AGENDA ITEM NO. 7.

Investment
Balance At Stated
Institution Face Value Amortized Cost Maturity Rate
FHLB 1,735,000.00 1,729,600 12/30/2024 0.500%
FNMA 2,000,000.00 1,982,580 2/24/2025 0.500%
FNMA 1,000,000.00 991,399 2/25/2025 0.520%
FHLB 1,000,000.00 991,465 2/27/2025 0.625%
FHLB 4,000,000.00 3,998,357 2/28/2025 1.750%
FAMCMTN 4,000,000.00 4,000,000 4/25/2025 2.750%
FAMCMTN 4,000,000.00 3,990,473 7/28/2025 0.750%
FHLB 5,000,000.00 5,000,000 8/28/2025 3.600%
FHLB 5,000,000.00 4,989,808 9/8/2025 0.600%
FHLB 980,000.00 919,962 11/25/2025 0.500%
FFCB 5,000,000.00 4,989,977 2/11/2026 0.580%
FHLB 4,000,000.00 3,977,022 2/24/2026 0.750%
FHLB 3,000,000.00 2,886,687 3/16/2026 0.790%
FHLB 5,000,000.00 4,988,024 9/28/2026 0.940%
FHLB 4,000,000.00 3,845,444 10/28/2026 1.150%
FHLB 6,000,000.00 5,995,242 11/24/2026 1.250%
FHLB 5,000,000.00 5,053,006 12/11/2026 2.125%
FHLB 4,500,000.00 4,280,889 2/24/2027 1.020%
FHLB 5,000,000.00 4,777,724 2/24/2027 1.020%
FHLB 4,000,000.00 3,860,945 2/26/2027 0.900%
FHLB 6,800,000.00 6,402,951 2/26/2027 0.900%
FHLB 5,700,000.00 5,581,269 2/26/2027 0.900%
FHLB 6,000,000.00 5,354,026 2/26/2027 1.000%
FHLB 4,000,000.00 4,000,000 3/8/2027 2.375%
FHLB 6,000,000.00 5,448,881 2/22/2028 0.830%
FHLB 400,000.00 364,666 2/25/2028 1.125%
FFCB 2,500,000.00 2,223,742 3/2/2028 1.000%
FHLB 3,000,000.00 1,982,856 3/10/2028 4.500%
FFCB 2,245,000.00 3,084,604 3/10/2028 1.000%
FFCB 700,000.00 642,038 3/22/2028 1.370%
FFCB 6,000,000.00 6,069,378 4/25/2028 3.875%
FFCB 5,500,000.00 5,398,138 4/27/2028 3.740%
FFCB 3,000,000.00 2,967,644 6/22/2028 4.470%
FFCB 3,000,000.00 2,715,910 7/13/2028 1.230%
FHLMC 1,000,000.00 886,027 7/27/2028 1.100%
FNMA 1,000,000.00 882,351 7/28/2028 1.000%
FHLB 1,000,000.00 906,570 8/4/2028 1.300%
FFCB 3,000,000.00 2,985,888 9/8/2028 4.750%
FHLMC 1,000,000.00 875,682 10/19/2028 1.000%
Government Maturities Exceeding One Year
As of November 30, 2024
City of Clovis
ATTACHMENT 3
34 AGENDA ITEM NO. 7.

Investment
Balance At Stated
Institution Face Value Amortized Cost Maturity Rate
UC General Revenue Bonds 1,000,000.00 996,076.00 5/15/2025 3.050% Antelope Valley Comm Coll 750,000.00 743,325.50 8/1/2025 1.767% Chabot Las Positas Comm Coll 1,490,000.00 1,470,692.00 8/1/2025 0.880% Foothill De Anza Ref Bds 2021B 835,000.00 817,465.50 8/1/2025 0.906% San Dieguito USD GO Bonds 1,000,000.00 982,684.00 8/1/2025 1.661% Santa Ana Coll Improv Dist 250,000.00 246,161.50 8/1/2025 0.744% Orange County Water Dist 900,000.00 886,095.00 8/15/2025 2.095% San Jose Ca Taxable Series B 2,355,000.00 2,322,127.50 9/1/2025 2.450% LA CUSD GO Bonds 1,000,000.00 1,003,422.00 7/1/2026 1.455% Chabot Las Positas Comm Coll 3,505,000.00 3,392,886.00 8/1/2026 1.080% Chaffey Joint Union HS 1,565,000.00 1,539,146.50 8/1/2026 2.475% Huntington Beach Union HS 3,305,000.00 3,215,171.00 8/1/2026 1.208% Placentia Yorba Linda USD 1,110,000.00 1,077,244.00 8/1/2026 1.070% San Diego Comm Coll Dist 470,000.00 464,018.00 8/1/2026 2.299% San Ramon Valley CUSD 2,125,000.00 2,125,000.00 8/1/2026 1.147% Sonoma County Jr Coll Dist 2,000,000.00 1,966,063.00 8/1/2026 2.447% San Diego Pub Facilities Dist 1,625,000.00 1,579,779.00 10/15/2026 1.812% California St Univ Taxable 2021B 2,500,000.00 2,354,282.00 11/1/2026 1.142% El Dorado Irrigation Dist 1,175,000.00 1,132,824.00 3/1/2027 1.687% Rancho Santiago CC Ref 2020 335,000.00 2,215,956.50 3/1/2027 1.106% UC Taxable Gen Bds 2020 B 2,385,000.00 558,217.00 5/15/2027 1.316% El Monte HSD Taxable Ref 2021 600,000.00 2,071,019.00 6/1/2027 1.326% LA Dept Wtr Pwr Rev Bonds 2010C 2,000,000.00 986,203.00 7/1/2027 5.516% Colton CA USD Ref Bonds 2020 1,060,000.00 843,425.00 8/1/2027 1.603% Contra Costa Comm College Dist 880,000.00 233,512.00 8/1/2027 2.163% Corona Norco USD Ref Bond 2019 250,000.00 502,987.00 8/1/2027 2.297% Foothill De Anza CC Taxable 2021 540,000.00 1,009,948.00 8/1/2027 1.473% Fremont USD Alameda County 1,100,000.00 1,111,006.00 8/1/2027 1.113% Fremont USD Taxable Ref 2021 1,140,000.00 324,873.80 8/1/2027 2.000% Marin County Comm Coll 2016 335,000.00 261,055.00 8/1/2027 3.330% Mount San Antonio CC 2021 285,000.00 383,251.75 8/1/2027 1.139% Mount San Antonio Comm Coll 405,000.00 2,932,667.00 8/1/2027 2.329% Saddleback Valley USD 3,000,000.00 563,492.00 8/1/2027 2.400% San Diego CCD Taxable 2019 590,000.00 1,350,715.00 8/1/2027 2.407% San Ramon Valley CUSD 1,435,000.00 988,898.00 8/1/2027 1.440% Santa Monica Comm College Dist 1,000,000.00 427,327.50 8/1/2027 3.415% Sierra CA CCD 2021A Ref 465,000.00 183,558.00 8/1/2027 1.129% William Hart USD 2020 Ref 200,000.00 306,876.50 8/1/2027 1.174% San Jose Ca Taxable Series B 910,000.00 866,682.00 9/1/2027 2.600% Soquel Creek Wtr Ref 2020 545,000.00 501,219.50 3/1/2028 1.445% Gardena Calif Pension Obligation 1,000,000.00 923,302.00 4/1/2028 2.663% Beverly Hills Taxable Ref 2020B 635,000.00 578,394.50 6/1/2028 1.514% California Health Facs Fing Au 760,000.00 723,380.00 6/1/2028 3.378% Alameda Cnty Calif 540,000.00 523,658.00 8/1/2028 3.519% Desert CA Cmnty College 1,000,000.00 925,079.00 8/1/2028 2.023% Long Beach Calif Cmnty 730,000.00 677,838.00 8/1/2028 2.337% Redondo Beach CA Uni Bond 2018 675,000.00 596,770.00 8/1/2028 1.430% San Ramon Valley CA 1,820,000.00 1,650,683.00 8/1/2028 1.670% Santa Ana College Impt 1,500,000.00 1,341,201.00 8/1/2028 1.320% Santa Clarita Calif Cmnty 1,000,000.00 909,885.00 8/1/2028 1.563% William Hart High 1,000,000.00 904,569.00 8/1/2028 1.429% Yosemite Calif Cmnty College 750,000.00 697,214.00 8/1/2028 2.210% As of November 30, 2024
City of Clovis
Municipal Maturities Exceeding One Year
ATTACHMENT 3
35 AGENDA ITEM NO. 7.

Investment
Balance At Stated
Institution Face Value Amortized Cost Maturity Rate
Duke Energy Carolinas LLC 2,000,000.00 1,957,137.00 11/15/2028 3.950% Toyota MTR Cr Corp 2,000,000.00 1,993,290.00 1/5/2029 4.350% Procter & Gamble Co 2,000,000.00 1,995,460.00 1/29/2029 4.650% Air Products and Chemicals 2,000,000.00 2,008,326.00 2/8/2029 4.600% Texas Instrument Inc 2,000,000.00 1,993,239.00 2/8/2029 4.600% Cummins Inc 2,000,000.00 2,027,768.00 2/20/2029 4.900%
Bristol-Myers Squibb Co 2,000,000.00 2,003,562.00 2/22/2029 4.900% Astrazeneca Finance LLC 2,000,000.00 1,984,283.00 2/26/2029 4.850% Cisco Sys Inc. 2,000,000.00 2,017,182.00 2/26/2029 4.850% Caterpillar Finl 2,000,000.00 2,018,108.00 2/27/2029 4.850% Merck Co Inc. 2,000,000.00 1,912,298.00 3/7/2029 3.400% Blackrock Fund Inc. 2,000,000.00 2,008,604.00 3/14/2029 4.700% Adobe Inc 2,000,000.00 2,009,287.00 4/4/2029 4.800%
Home Depot Inc. 2,000,000.00 1,992,988.00 4/15/2029 4.900% Midamerican Energy Co 1,500,000.00 1,450,361.00 4/15/2029 3.650% United Health Group 2,000,000.00 1,973,705.00 4/15/2029 4.700% Glaxosmithkline Capital 2,000,000.00 1,899,867.00 6/1/2029 3.375% John Deere Capital 2,000,000.00 2,011,840.00 6/11/2029 4.850% Citibank NA 2,000,000.00 2,040,269.00 8/6/2029 4.838%
Honeywell Intl Inc 2,000,000.00 2,086,800.00 9/1/2029 4.875% Unilever Capital Corp 1,500,000.00 1,350,857.00 9/6/2029 2.125% City of Clovis
Corporate Maturities Exceeding One Year
As of November 30, 2024
ATTACHMENT 3
36 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: General Services Department
DATE: May 12, 2025
SUBJECT: General Services – Approval – Res. 25 -____, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Professional and Technical Employees Association.

ATTACHMENTS: 1. Res. 25-____, and MOU

RECOMMENDATION
For the City Council to approve a resolution authorizing a successor Memorandum of Understanding (MOU) between the City of Clovis and the Clovis Professional and Technical Employees Association (CPTA), Bargaining Unit, for the term of July 1, 2025, through June 30, 2028.

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

BACKGROUND
The 2022-2025 MOU between the City and CPTA expires June 30, 2025. The City’s negotiating team and CPTA representatives have recently concluded negotiations for a successor MOU. A summary of the changes in the proposed MOU is below.

 Salary increases as follows:
o FY 2025-2026: 3.0% wage increase
o FY 2026-2027: 2.0% wage increase
o FY 2027-2028: 2.0% wage increase
 In addition to the wage increase above, the following positions will receive market based increases as follows:
o Associate Planner: 2.87%
o Building Inspector: 0.57%
o City Surveyor: 3.79%
o Civil Engineer: 1.00%
37 AGENDA ITEM NO. 8.
o Engineer I: 5.95%
o Engineer II: 7.00%
o Engineering Inspector: 0.63%
o Engineering Technician: 7.00%
o GIS Analyst: 3.60%
o Permit Technician: 6.99%
o Plans Examiner: 6.21%
o Planning Technician II: 5.81%
o Senior Building Inspector: 0.44%
o Senior Engineering Inspector: 5.41%
o Senior Engineering Technician: 5.14%
 Removed cap on Certified Access Specialist Program Certificate at $200 a month.  Added $75.00/month certificate pay for a Qualified SWPPP Practitioner.  Added $200/month certificate pay for Qualified SWPPP Developer.  Added $50/month certificate pay for D3/T3.
 Added $75/month certificate pay for D4/T4.
 Increased bilingual pay stipend from $100/month to $150/month.

The CPTA membership ratified the terms of the proposed MOU on or about May 3, 2025.

FISCAL IMPACT
The proposed amendments to the CPTA MOU will result in an approximate increase in costs for salary and incentives of approximately $1,900,000 over the next three (3) years, wh ich will be budgeted during the term of the agreement.

REASON FOR RECOMMENDATION
The proposed 2025 – 2028 MOU between the City and CPTA maintains reasonable wages and working conditions related to the labor market for employees in the CPTA bargaining unit. Prior to its implementation, the proposed MOU must be approved by City Council resolution. The proposed amendments are within the financial parameters authorized by the City Council and will preserve the City’s ability to attract and retain qualified personnel.

ACTIONS FOLLOWING APPROVAL
City staff and CPTA representatives will sign the proposed 2025- 2028 MOU. Staff will implement the modifications within the new MOU.

CONFLICT OF INTEREST
None.

Prepared by: Amy Hance, General Services Director

Reviewed by: City Manager AH

38 AGENDA ITEM NO. 8.

RESOLUTION 25-

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

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLOVIS AND THE

CLOVIS PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION

BARGAINING UNIT

WHEREAS, a Memorandum of Understanding exists between the City of Clovis and the Clovis Professional and Technical Employees Association (the Parties); and

WHEREAS, the Memorandum of Understanding expires on June 30, 2025; and

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

WHEREAS, the proposed CPTA Memorandum of Understanding 2025 – 2028 is attached as Attachment A.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Clovis hereby adopts the Memorandum of Understanding between the City of Clovis and the Clovis Professional and Technical Employees Association Bargaining Unit for the term of July 1, 2025, through June 30, 2028.

* * * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 12, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 12, 2025

___________________________ __________________________ Mayor City Clerk

Attachment 1
39 AGENDA ITEM NO. 8.

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF CLOVIS AND

THE CLOVIS PROFESSIONAL AND TECHNICAL

ASSOCIATION

July 1, 2025, through June 30, 2028

ATTACHMENT A
40 AGENDA ITEM NO. 8.

TABLE OF CONTENTS

Section Title Page

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

1. Unit Description ...................................................................................... 1

2. Purpose .................................................................................................. 2

3. City Rights .............................................................................................. 2

4. Employee Rights ..................................................................................... 3

5. Dues Deduction/Union Access ............................................................... 3

6. Non-Discrimination ................................................................................. 4

7. Wage Scale and Retirement Contributions ............................................. 4

8. Health, Life and Dental Insurance Compensation ................................... 7

9. Holidays .................................................................................................. 9

10. Sick Leave ............................................................................................ 10

11. Family Illness Leave ............................................................................. 11

12. Vacation ................................................................................................ 12

13. Overtime ............................................................................................... 12

14. Specialty Pay ........................................................................................ 12

15. Compensatory Time ............................................................................. 14

16. Bereavement Leave .............................................................................. 14

17. Leave of Absence ................................................................................. 15

18. Minimum Callback Pay ......................................................................... 15

19. Mileage ................................................................................................. 15

20. Jury Duty ............................................................................................... 16

21. Service Recognition .............................................................................. 16

22. Grievance Procedure ............................................................................ 16

23. Lay-Off .................................................................................................. 20

24. Physical Examinations .......................................................................... 21 25 . Military Leave ........................................................................................ 22

26. Professional Development .................................................................... 22

27. Time Bank ............................................................................................. 23

28. Safety Equipment ................................................................................. 24

29. Workweek ............................................................................................. 24

30. Flexible Work Schedules ...................................................................... 24

31. Maintenance of Operations ................................................................... 24

32. Conclusively .......................................................................................... 25

33. Past Practices………………………………………………… ................... 25

34. Release Time ........................................................................................ 26

35. Sole Agreement ................................................................................... 26 36 . Term of Memorandum of Understanding ............................................. 27

41 AGENDA ITEM NO. 8.

Introduction

The representatives of the City of Clovis (City) and the representatives of the Clovis Professional and Technical Association (CPTA) having met and conferred in good faith, have mutually agreed to recommend to the City Council of the City of Clovis and to the general membership of the bargaining unit that the following Memorandum of Understanding (MOU) be adopted and that the wages, hou rs, and other terms and conditions of employment in this exclusive agreement be implemented.

1. Unit Description

A. Recognition of Exclusive Representative : The City agrees to acknowl edge, pursuant to Sections 3500 et seq of the California Government Code, CPTA as the exclusive recognized employee organiza tion representing non -management, professional and technical full-time permanent and probationary employees in the listed paragraph B below, until such time as CPTA fails to obtain a majority of the vote of the employees in that bargaining unit during a decertification election. As the exclusive recognized employee organization, CPTA shall have the right and obligation to meet and confer and reach agreement with the City regarding the determination of wages, h ours, and other terms and conditions of employment for employees represented by the CPTA organization. Nothing in this article shall be construed as violative of any requirement or provision of the Meyers-Milias-Brown Act.

B. Description of the Bargaining Unit : The unit shall consist of all full-time permanent and probationary employees in the following classifications:

1. Assistant Planner

2. Associate Planner

3. Building Inspector

4. Business Workflow Analyst

5. Business Workflow Specialist

6. City Surveyor

7. Civil Engineer

8. Engineer I

9. Engineer II

10. Engineering Inspector

11. Engineering Technician

12. GIS Specialist

13. GIS Systems Analyst

14. GIS Technician

15. Housing Program Coordinator

16. Permit Technician

17. Planning Technician I

18. Planning Technician II

19. Plans Examiner

20. Senior Building Inspector

21. Senior Engineering Inspector

22. Senior Engineering Technician

23. Traffic Signal Operations Specialist

C. New classifications approved by the City Council and determined to be appropriately placed within this unit shall automatically become part of this unit upon such determination and shall immediately be covered by the terms of this MOU. The City shall notify CPTA in writing whenever new classifications are assigned to the CPTA bargaining unit. Such notification shall be provided prior to Council adoption of a new classification.

42 AGENDA ITEM NO. 8.

2 D. Classification Review:

1) An employee may request classification review of the employee’s position by submitting such a request, in writing, to the Department Head. Such request shall set forth the specific reasons for the classification review.

2) If the Department Head agrees that a classification review is appropriate, the Department Head shall require the employee to complete a classification review questionnaire. The employee’s completed questionnaire will be reviewed by the employee’s Supervisor and Department Head for completeness and accuracy . Within forty-five (45) days of the employee’s submittal of a completed questionnaire, the Department Head will complete the employee’s review and transmit the questionnaire to the Personnel/Risk Manager to conduct the classification review.

3) The Personnel/Risk Manager or assigned staff shall conduct the classification review and submit a report of findings and recommendations to the Department Head and City Manager. The classification review will be completed within ninety (90) days of receipt of the completed classification review questionnaire except in unusual circumstances. When unusual circumstances arise, the City and the employee will establish a mutually acceptable completion date for the classification review.

2. Purpose

It is the purpose of this MOU to provide for a harmonious relationship between the City and the employees covered by this MOU, and to provide an orderly and equitable method of resolving any differences which may arise regarding wages, hours and other terms and conditions of employment. Nothing in this MOU shall preclude City from recognizing in accordance with City policy any employee whose performance is determined by City to be outstanding.

3. City Rights

Notwithstanding any of the items agreed to herein, nothing in this MOU is intended to limit the management rights of the City, including the following specific rights:
1) Direct the work of its employees.
2) Hire, promote, demote, transfer, assign and classify employees within the City, and to determine the mission of its divisions and departments, and its budget, organization, and number of employees.
3) Discipline employees according to applicable regulations and MOU provisions.
4) Take actions as may be necessary to carry out the mission of the agency in emergencies.
5) Determine the methods, means and personnel by which operations are to be carried on.
6) Determine its budget, organization, merits, necessity and level of any activity or service provided to the public.
43 AGENDA ITEM NO. 8.

3 4. Employee Rights

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

5. Dues Deduction/Union Access

A. Payroll deductions/union dues shall be in accordance with applicable law.

B. Union Access

The City and the Association agree on the procedures for administering Assembly Bill 119 (AB 119) Union Access for the Associations represented employees that are newly hired and for existing employees.

Access to employee new hire orientations
o At least ten (10) days prior to the new hire orientation the Union President will receive an e-mail notification of the orientation date and time. Only one notification will be sent out. The Union will be responsible for attending the orientation. Personnel will not follow up after the first notification. o The amount of Union Representatives present during the orientation is limited to two representatives.
o Time allotted for union access during the orientation will be 15 minutes. The total time that the Union representative spends away from work shall not exceed 45 minutes.
o Orientations are usually on the 1st and 16th of the month. If the 1st or 16th is on a weekend or a holiday the orientation will be on the first working day after the 1st or 16th.
o The City will reserve the right to hold the orientations on different days in case of an unusual situation.
o If mutually agreed upon the ten (10) day notification can be reduced to allow the new hire an earlier start date.
o Orientation time may vary depending on staffing levels and number of employees attending the orientation.

Access to new hire employee personal information

Personal information on new hires will be distributed to the Union President within 30 days after date of hire as required by the law. The Union President will pick up the personal information and sign for it. Only one e -mail notification will be sent out to the Union President. The Union President will be responsible for picking up the personal information.
44 AGENDA ITEM NO. 8.

4 Access to current employee personal information

Both the City and the Association agree to waive the personal information requirement on current employees that is required to be distributed every 120 days by AB 119.

Personal information will be distributed to the Association once a year. The personal information will be distributed to the Union President once per calendar year by the 15 th of January.

The Union President will pick up the personal information and sign for it. Only one e-mail notification will be sent out to the Union President. The Union President will be responsible for picking up the personal information. The personal information distr ibuted will be the information that is required by AB 119.

Opt-Out Provision
If the employee opts out and does not want their personal information distributed, the City will send the Association the employee’s name, work phone, job title, and work location.

6. Non-Discrimination

The City and CPTA agree not to discriminate against any employee in accordance with applicable laws.

7. Wage Scale and Retirement Contributions

A. Wage Scale - The City shall maintain the wage scale/steps for all positions represented in this bargaining unit as found in Exhibit A, attached.

B. The City will implement the following wage increases during the term of this agreement:

1) Fiscal Year 2025 -2026: The following wage adjustments shall become effective on the fir st day of the first payroll period following CPTA ratification and City Council approval of this MOU.
• All positions shall receive a 3.0% wage increase.
• Associate Planner shall receive a 2.87% equity adjustment for a total increase of 5.87%.
• Building Inspector shall receive a 0.57% equity adjustment for a total increase of 3.57%.
• City Surveyor shall receive a 3.79%equity adjustment for a total increase of

6.79%.
• Civil Engineer shall receive a 1.00% equity adjustment for a total increase of 4.00%.
• Engineer I shall receive a 5.95% equity adjustment for a total increase of

8.95%.
45 AGENDA ITEM NO. 8.

5 • Engineer II shall receive a 7.00% equity adjustment for a total increase of

10.0%.
• Engineering Inspector shall receive a 0.63% equity adjustment for a total of

3.63%.
• Engineering Technician shall receive a 7.00% equity adjustment for a total of 10.0%.
• GIS Analyst shall receive a 3.60% equity adjustment for a total increase of

6.60%.
• Permit Technician shall receive a 6.99% equity adjustment for a total increase of 9.99%.
• Plans Examiner shall receive a 6.21% equity adjustment for a total increase of 9.21%.
• Planning Technician II shall receive a 5.81% equity adjustment for a total increase of 8.81%.
• Senior Building Inspector shall receive a 0.44% equity adjustment for a total of 3.44%.
• Senior Engineering Inspector shall receive a 5.41% equity adjustment for a total of 8.41%.
• Senior Engineering Technician shall receive a 5.14% equity adjustment for a total of 8.14%.

2) Fiscal Year 2026 – 2027:
• Effective July 1, 2026, all positions shall receive a 2.0% wage increase.

3) Fiscal Year 2027 – 2028:
• Effective July 1, 2027, all positions shall receive a 2.0% wage increase.

C. Retirement

1) The City shall, during the term of this agreement, pay the rate prescribed for employer contributions into the CalPERS fund in accordance with the rules and regulations governing such employer contributions. Employees shall make contributions into the CalPERS fund as provided for in 7.C.2 below. All references to “PEPRA” shall mean the Public Employees’ Pension Reform Act as enacted in 2013.

2) Employee CalPERS Contribution and PERS Cost Sharing

CalPERS Classic Employees (per 2013 PEPRA regulations)

Employee Paid Member Contribution 8.0%
Employee Cost Share of City’s CalPERS Cost 8.4%
TOTAL: 16.4%

CalPERS New Members (per 2013 PEPRA regulations)

46 AGENDA ITEM NO. 8.

6 Employee Paid Member Contribution 7.50%*
Employee Cost Share of City CalPERS Cost 8.40%
TOTAL: 15.90%

*Pursuant to PEPRA regulations, the CalPERS New Member Employee Paid Member Contribution (EPMC) is subject to change and may increase. If such changes occur, the City will notify CPTA prior to implementation of any rate changes to New Employee EPMC.

3) The Employee Cost -Sharing amounts specified in 7.C.2 above shall apply to employees classified as “CalPERS Classic Employees” and to employees classified as “ CalPERS New Members”, as defined by 2013 PEPRA regulations.

4) For all employees classified as “ CalPERS Classic Employees” (per 2013 PEPRA regulations) the City will continue to provide the benefit known as “CalPERS single Highest Year Benefit” throughout the term of this agreement.

5) For all employees classified as “ CalPERS New Members” (per 2013 PEPRA regulations), the City will continue to provide the benefit known as “CalPERS 3 Year Final Compensation”.

D. Credit for Unused Sick Leave

1) The City shall continue to provide the CalPERS benefit known as CalPERS Credit for Unused Sick Leave (Govt. Code Section 20965).

E. Deferred Compensation

Unit members who have completed their initial probationary period may elect to participate in a deferred compensation program that includes a City matching contribution. The maximum match percentage indicated below is based on the employee’s base salary and calculated per pay period. Effective March 16, 2024, the matching contribution funded by the City will be placed into a 401(a) account. The City’s matching contribution will be calculated per pay period and based on pre -tax 457(b) employee contributions, post-tax Roth 457(b) contributions, or a combination of both.

However, unit employees may participate in the deferred compensation program without the City matching contribution at any time during employment. The deferred compensation program is subject to I.R.S Section 457 program rules. A unit member’s enrollment in the program shall become effective the pay period following the member’s submittal of an enrollment request. The match provided by the City is 3% of base salary, calculated per pay period. The provisions for the deferred compensation program are as follows:

47 AGENDA ITEM NO. 8.

7 City’s Matching Maximum City Payment
Contribution/Payment Calculated per pay period

(City/Employee)
2:1 3%

If the maximum dollars available to the members of this unit for the contributory deferred compensation program are not utilized in any fiscal year, the remaining dollars shall be applied to health insurance rates for this unit only. The total unit wage subject to the deferred compensation matching program will be compared to the actual dollars spent by the City on the program to determine any unspent dollars available during the preceding fiscal year.

8. Health, Life, and Dental Insurance Compensation

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

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

If any bargaining unit represented by the HBC is not in agreement with the position of the HBC as demonstrated by a negative vote of their respective affiliation membership, such bargaining unit and their designated representative(s) will meet and confer with the City to impasse prior to the implementation of any meet and confer proposals made in accordance with this agreement. The City’s health benefit plan structure shall be determined through the meet and confer process between the HBC and the City. Th e City’s health benefit plan structure is defined as the type and level of benefits.

The benefits provided under this section shall be at the minimum type and level of benefits that is no less than the minimum benefit offered by any of the program providers as listed on the 1995 Health Program Benefits Sheet distributed on February 1, 199 5, provided that the benefit is competitively available in the local market. The City will select the health benefit plan vendors and set the health benefit plan rates. The City will meet and confer with the HBC regarding the impacts of vendor selection, rates, rate structure, and other plan change impacts.

48 AGENDA ITEM NO. 8.

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

B. Health Premium Waiver Incentive

1) Employees who waive City medical, prescription, dental and vision coverages will receive a waiver incentive of $420.00 per month.

2) Employees who waive medical and prescription drug coverages will receive a waiver incentive based on the following employee coverage tiers:

• Employee Only $362.00
• Employee + Child(ren) $322.00
• Employee + Spouse $309.00
• Employee + Spouse + Child(ren) $265.00

3) Employees who choose to discontinue health coverages through the City shall continue to receive City -provided life insurance coverage and employee assistance program (E.A.P.) benefits. To be eligible for this incentive, employees must: (1) notify the City’s Personnel Division of their decision to discontinue health coverage during the City’s annual health insurance open enrollment period; (2) annually provide evidence of being covered on another group health plan ; and (3) verify to the City that discontin uance of health coverage does not constitute a violation of any court order or other legal obligation to which the employee may be subject. In the event that an employee who has opted -out of the City’s health coverage subsequently loses the employee’s alternate medical coverage due to a life changing event as defined by the Consolidated Omnibus Budget Reconciliation Act (COBRA), the employee may re-enroll in the City’s health coverage program.

It shall be the responsibility of the employee to notify the City’s Personnel Division of such a life changing event within 30 days of the event.

4) Any Changes in ACA regulations that affect cash -in-lieu benefits will require a reopener on the cash-in-lieu benefit.

C. Supplemental Life Insurance

Throughout the term of this agreement, the City shall make available to employees in this unit supplemental life insurance coverage. It is understood and agreed that the premiums for such coverage shall be paid for exclusively by the employees who elect the supplemental life insurance coverage. Payment of the premiums for this coverage shall be made through employee payroll deductions.

49 AGENDA ITEM NO. 8.

9 The City shall be responsible for selecting the life insurance provider. Prior to selecting a provider, the City shall consult with CPTA representatives.

D. State Disability Insurance

The members of CPTA agree to pay for State Disability Insurance premiums for a minimum of two calendar years in accordance with the State Unemployment Insurance Code Rules and Regulations. It is further understood by CPTA that the City allows State Disability as a non -vested benefit to be available to CPTA members provided the City does not incur a contribution obligation.

9. Holidays

A. The holidays listed below will be recognized as eight (8) hour holidays during the existence of this MOU, except for Subdivision 10, which will be recognized as a four (4) hour holiday:

1. New Year's Day (January 1)

2. Martin Luther King Jr. Day (3rd Monday in January)

3. All President's Day (3rd Monday in February)

4. Memorial Day (last Monday in May)

5. Independence Day (July 4)

6. Labor Day (1st Monday in September)

7. Veteran's Day (November 11)

8. Thanksgiving Day (as declared in November)

9. Friday after Thanksgiving Day

10. The latter four (4) hours of one workday between December 24 and December 31. In order t o maintain operations, Department H eads shall have discretion over scheduling which day employees select.

11. Christmas Day (December 25)

12. One (1) floating day to be used for employee birthday or any other work day selected by mutual agreement of the employee and the employer. The floating day is cumulative from year to year

B. Whenever any such above -described recognized holiday falls on a Saturday, the preceding Friday shall be considered a holiday. Whenever any such above described recognized holiday falls on a Sunday, the following Monday shall be considered a holiday.

C. Employees may request and may receive Good Friday off provided they have either adequate compensatory time off accrued, or accrued vacation time, or are granted leave without pay per the City’s Personnel Rules and Regulations.

D. An employee shall be paid for each of the above holidays only when the employee is on a paid status the work day prior to and the work day immediately after the holiday. Paid status shall mean the employee is on approved vacation leave, sick leave, holiday, compensatory time off, bereavement leave, jury duty or actually at work. 50 AGENDA ITEM NO. 8.

10 10. Sick Leave

A. Employees will receive eight (8) hours sick or accident allowance for each full month of employment (based on date of hire) up to a total of ninety -six (96) hours allowance per calendar year. Such allowance is cumulative from year to year.

Sickness or accident benefit payments, including workers' compensation payments, for any work week shall not exceed an employee's normal straight time weekly earnings.

Sick Leave benefits are payable only for an employee's regularly scheduled work days on which the employee is unable to work as a result of the employee’s illness or accident.

The employee may be required to furnish a doctor's certificate or other satisfactory proof of illness or accident when absent five (5) or more full days. The City may require a doctor’s note that states any restrictions upon the employee’s return to work.

After an employee in this unit accumulates 192 hours of unused sick leave, the employee may receive a cash payback of a portion of the unused sick leave accumulated during the previous 12 month period. The payment shall be paid once a year, on the first paycheck after November 16, and the hours available for payback shall be based on the following schedule:

Number of Sick Leave Hours
Used During Preceding Number of Cash-out Percent of
12 Month Period Hours Available Cash-Out
___________________________________________________________________ 0 96 50%
0+ to 8 88 45%
8+ to 16 80 40%
16+ to 24 64 35%
24+ to 32 56 30%
32+ to 40 48 25%
___________________________________________________________________ The remaining portion of unused sick leave hours shall continue to accumulate.

B. Medical Appointments

Employees may use earned sick leave days for medical, chiropractic, dental and therapy appointments with the approval of the Department Head or the Department Head’s designee.

C. Employees who retire from the City on the regular CalPERS service retirement benefit may elect to receive a lump sum cash-out of up to 25% of their accrued sick leave balance as calculated at the time of retirement. This benefit is not applicable 51 AGENDA ITEM NO. 8.

11 to employees who leave City service under any other conditions, including employees who retire under CalPERS disability retirements. Appropriate federal/state tax withholding will be made at the time of cash-out.

11. Family Illness Leave

A. An employee shall be entitled to twenty -four (24) work hours with pay in any one (1) calendar year for the purpose of providing personal care, attendance and compassion to a member of the employee's immediate family who is suffering from an injury or illness. An employee shall be entitled to up to forty (40) work hours with pay in any one (1) calendar year if travel is required outside of California. However, the necessity for the employee's presence may, in the discretion of the City Manager or the City Manager’s authorized agent, be required to be verified by a doctor's certificate.

For the purposes of this Section, “immediate family” shall include the husband, wife, registered domestic partner, mother/step, father/step, brother/step, sister/step, child/step, grandparent or legal dependent of the employee.

B. Family Illness Leave Act - The City and CPTA agree to comply with the legal requirements of “The Family and Medical Leave Act of 1993” (FMLA), as amended and “The California Family Rights Act of 1991” (CFRA), as amended (collectively referred to as the “ACTS”) and detailed in the City of Clovis Administrative Memo 94-2, as amended.

All unit members have been properly noticed concerning their rights and the City’s policy regarding their entitlements under the ACTS by provision of a copy Administrative Memo 94 -2 as amended and that all time off for reasons covered under the ACTS (including workers’ compensation absences) is designated FMLA/CFRA leave and counts towards their entitlement under both ACTS.

Employees who take leave under the ACTS on an Intermittent or Reduced Leave Schedule when their available paid leave balances have been exhausted will receive their negotiated benefits on a proportionate basis, based on the average number of hours they worked in a pay period compared to the number of hours not worked. For example, an employee who works 40 hours in an 80 hour pay period, will receive 50% accrual of sick leave and vacation time, and will be paid for one-half of a day for any holidays during that pay period.

12. Vacation

Employees in this unit shall earn vacation credit on the following basis:

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

52 AGENDA ITEM NO. 8.

12 The time at which the employee shall be granted a vacation is at the discretion of the Department Head. Employee sen iority, as defined in Section 2 2, shall govern selection of vacation time unless the needs of the City require a deviation from this procedure.

13. Overtime
Overtime will be paid at the rate of one and one -half times the normal rate of pay for all hours actually worked in excess of eight hours in a day. Employees who work an alternate work schedule, (i.e., “4 -10” or “9 -80”) shall earn overtime for hours actually worked in excess of their normal shift. Overtime hours must be approved in advance by the employee’s supervisor.

14. Specialty Pay

A. Supervisory Pay - Employees in th is Unit shall receive a salary increase equivalent to “A” step of the position being filled or a 5% salary increase, whichever is greater, above their regular salary when they are assigned by their supervisor to perform the majority of the duties of a supervisory position for at least forty (40) working hours within a seven (7) day period. All out-of-class work assignments, including the length of the assignment, shall be in accordance with CalPERS rules and regulations.

B. Certification Pay - Engineer I and II classifications who possess a Licensed Surveyor certification, or Professional Traffic Engineer license issued by the State of California shall receive an additional $200.00 monthly. The specialty pay does not compound in the event an employee possesses more than one (1) of these certifications.

C. Employees who possess a Certified Access Specialist Program (CASP) certification shall receive an additional $200 monthly.

D. Employees who possess a Qualified SWPPP Practitioner Certificate shall receive an additional $75 monthly. There will be no limit on the number of Engineering Inspector class employees who can receive this specialty pay. The remaining divisions will be capped at 6 employees receiving the stipend and stipends will be given on a first completed basis.

E. Employees who possess a Qualified SWPPP Developer Certificate shall receive an additional $200 monthly. There will be a maximum of one employee receiving the stipend in Planning and Development Services and appointment as the Legally Responsible Party shall be by the City Engineer. There will be a maximum of one (1) in Public Utilities Department and appointment shall be by the Public Utilities Department Director or their designee.

F. Employees who possess a D3/T3 Certificate will receive an additional $50 each monthly. Employees who possess a D4/T4 Certificate will receive an additional $75 each monthly. Employees in the Engineering and Engineering Technician classifications in the Public Utilities Department who possess a Backflow Prevention Certificate will receive an additional $50 monthly . Employees will receive the stipend for a maximum of two certifications.
53 AGENDA ITEM NO. 8.

13 G. Employees in the Building Division who possess the Certified Building Official, or Master Code Professional certificate issued by the International Code Council shall receive an additional $200.00 monthly. The Specialty pay does not compound in the event an employee possesses more than one (1) of these certifications/licenses.

H. Employees in Planning classifications who possess an American Institute of Certified Planners certifications shall receive an additional $200 monthly. The Specialty pay does not compound in the event and employee possesses more than one (1) of these certifications/licenses.

I. Employees in GIS classifications who possess a Geographic Information Systems Professional certifications issued by a 3rd party GIS Certification Institute (GISCI) shall receive an additional $50.00 monthly. The Specialty pay does not compound in the event an employee possesses more than one (1) of these certifications/licenses.

J. Bilingual Stipend - The four (4) CPTA members with the most seniority with the City who possess certified foreign language skills shall receive $150 per month for use of those language skills as needed for work -related purposes. The City will determine if an employee possesses adequate language proficiency through a language skills certification process.

K. Cell Phone Stipend – Employees who are required by their Department Head to use a City-issued cell phone, outside of shared and pooled phones, will have the option to receive a $25.00 monthly stipend in lieu of usin g the City-issued cell phone. In order to participate in this program , employees must provide their cell phone number to their Department Head or designee and agree to answer their phones for City -related business. This method of notification replaces the method of the City providing a cell phone to employees who opt to participate in this program. Employee cell phones must be able to function locally and have text messaging se rvice and the ability to send and receive photos in addition to phone service.

15. Compensatory Time-Off

The City may allow compensatory time off (CTO) in lieu of overtime. The City shall have the choice in the manner of compensation, i.e., cash or CTO. The number of CTO hours an employee may accumulate shall be at the discretion of the employee’s Department Head.

Employees shall be allowed to cash-out up to 40 hours of their accumulated CTO during the first paycheck following November 16. Employees wishing to cash -out CTO must notify the Finance Department in writing by November 15 of their desire to cash-out CTO and how many hours they wish to cash-out.

54 AGENDA ITEM NO. 8.

14 16. Bereavement Leave

A. An employee shall be entitled to forty (40) excused hours with pay on an annual basis to attend the funeral of any member of the employee's immediate family. For the purpose of this Section, the term "immediate family" shall include the husband, wife, registered domestic partner, father/step, mother/step, brother/step, sister/step, child/step, mother-in-law, father-in-law, grandparents, grandchildren, brother/sister-in- laws, son/daughter-in-laws, or legal dependents of such employee. The City will take all reasonable steps to accommodate an employee’s work schedule so the employee may attend the funeral of an immediate family member. Also at the sole discretion of the City, this definition may be amended, on an individual basis to include any other relative.

B. Employees who have worked for the City at least 30 days will have five days unpaid bereavement leave based on their regular schedule. The five unpaid days do not need to be consecutive, but they must be taken within three months of the death of a covered family member. Documentation verifying the family member’s death may be required. For the purposes of this section, family members shall include spouse, child, parent, sibling, grandparent, grandchild, domestic partner, and parent-in-law.

C. Employees who have worked for the City for at least 30 days have up to five (5) days of unpaid bereavement leave following a reproductive loss event including a failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction. The reproductive loss event applies to any person who would have been a parent as a result of the unsuccessful adoption, surrogacy, assisted reproduction, or pregnancy. The leave days do not have to be taken consecutively but must be completed within three months of the reproductive loss event.

17. Leave of Absence Without Pay

A. The City Manager may grant a permanent or probationary employee a leave of absence without pay or accrual of seniority for not to exceed three (3 ) consecutive months. Leaves of absence without pay may be extended at three (3) month intervals (up to a maximum of nine (9) months) upon the mutual agreement of the City and the employee involved. No such leave shall be granted except upon written request of the employee setting forth the reason for the request, and the approval will be in writing.

Upon expiration of t he regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee may be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge, in the discretion of the City Manager.

55 AGENDA ITEM NO. 8.

15 B. The Department Head may grant a permanent or probationary employee a leave of absence without pay for a period not to exceed one (1) calendar week. Such leave shall be reported to the City Manager or the City Manager’s authorized representative.

18. Minimum Callback Pay

A. An employee in this unit who is called back to work outside of the employee’s regularly scheduled shift shall be paid a minimum of three (3) hours at the employee’s overtime rate. The employee shall have the option of choosing overtime pay or CTO as compensation for callback duty.

B. Employees required to work on a recognized holiday shall be paid a minimum of three (3) hours at the employee’s overtime rate.

19. Mileage

The City shall pay the current City standard mileage reimbursement rate, as determined by the Internal Revenue Services, for use of an employee’s vehicle for authorized City business. Such use shall be in conformance with City practices and policies.

20. Jury Duty

The provisions of the City’s Personnel Rules and Regulations , which pertain to Jury Duty, shall be applicable to employees covered by this MOU. While serving on jury duty, employees will continue to be paid by the City on the basis of a forty (40) hour work week, at their normal rate of pay, on condition that any c ompensation (in excess of mileage expenses) received by the employee from the court be turned over to the City.

21. Service Recognition

Service awards are given to employees when they reach 5 -year increment milestones of employment with the City of Clovis. (e.g., 5 years, 10, years, 15 years, etc.) The City shall allow employees in this unit the option to either accept the service award gift or collect the cash value of the gift. Employees will be notified when they are eligible for a service award, the cash value of the award, and will be provided a form to opt for either the gift or the cash equivalent.

Cash in lieu of a service award gift will be on an employee’s regular check and is subject to regular payroll taxes.

56 AGENDA ITEM NO. 8.

16 21. Grievance Procedure

The City and CPTA agree that all parties shall utilize the existing appeals mechanism provided for within the City of Clovis’ Personnel Rules and Regulations for all cases regarding discharge or suspension , unless and until appropriately modified at the initiation of the City.

Policy Statement

CPTA employees herein are encouraged to solve difficulties and problems within their department. In the event that a difficulty or grievance cannot be settled within the department, the employee is encouraged to bring the matter to the attention of the Personnel Officer.

Purpose

The purpose of this grievance procedure is to secure, at the lowest possible administrative or supervisory level, proper and equitable solutions to grievances, and to guarantee orderly succession of procedures within which solutions may be pursued. It shall be incumbent upon all City employees to follow these procedures to settle their grievances.

Definition of Terms : As used in this Section, the following words shall have the designated meanings:

1. Grievance: A grievance is a good faith complaint of one or a group of employees or a dispute involving the interpretation, application, or enforcement of the express terms of this MOU and all other terms and working conditions of employment.

2. Conferee: A conferee is an individual who, at the request of the employee, is invited to participate in a grievance conference.

3. Aggrieved Party: Aggrieved party is the employee or group of employees or City making the claim.

4. Days: The term “days” shall, except when otherwise indicated, mean calendar days when the City offices are open.

Implementation Procedures: Any grievance of a disciplinary matter may be brought before the Personnel Commission according to the manner and procedures specified in the City’s Personnel Rules and Regulations , shall proceed according to the below-described manner and procedure:

a. Level One - Oral Discussion With Immediate Supervisor : An aggrieved party shall orally present their grievance to the aggrieved party’s immediate supervisor within 15 days of the occurrence of the event being grieved, or within 15 days after the employee 57 AGENDA ITEM NO. 8.

17 becomes aware of the event being grieved. The aggrieved party and the immediate supervisor should make every effort to resolve the difficulty in this manner.

b. Level Two - Personal Conference Upon Written Claim With Immediate Supervisor: an aggrieved party may then submit their claim in writing to the aggrieved party’s supervisor. The written claim must be submitted to th e immediate supervisor no more than fifteen (15) days past the date of the Level One discussion. This fifteen (15) day time period does not begin to run against an employee who is off duty on an approved absence, until that employee returns to duty. The parties should make every effort to resolve the difficulty in this manner. The conciliatory efforts of conferees may be utilized at this stage as a substitute for or in conjunction with the aggrieved party. The aggrieved party’s written claim should state the aggrieved party’s position clearly, and the background and reasons and the following items must be included:

1) A statement of the steps initiated by the ag grieved party to resolve the problem by informal means.

2) A description of the general and specific grounds for the grievance.

3) A listing of the specific actions and events alleged to be in violation (including witnesses).

4) A statement of the reasons why the specific actions identified above are in violation of this Section.

5) A listing of the specific actions which the aggrieved employee believes would best remedy aggrieved party’s grievance.

Upon receiving the written claim, the immediate supervisor shall schedule a personal conference with the aggrieved party to resolve the grievance. If the aggrieved party is not satisfied with the results of this personal conference with their immediate supervisor, which must be announced within fifteen (15) days, the aggrieved party must then file a written complaint with the aggrieved party’s department head within fifteen (15) days of receiving the notice from their immediate supervisor.

c. Level Three - Personal Conference With Department Head: An aggrieved party may appeal the Level Two decision to the aggrieved party’s Department Head by filing a written complaint. Said complaint shall contain the same information as described above for the Level Two claim. It shall not be necessary to rewrite the above information. The City shall provide a form which may be used at Levels Two through Four. Upon receipt of the complaint, the Department H ead shall schedule a personal conference with the aggrieved. At this conference, the attending aggrieved party and Department H ead should make every effort to resolve the matter. If the aggrieved party is not satisfied with the results of this personal conference with this Department Head, which results must be announced within fifteen (15) days of the conference, the aggrieved party must then file a written appeal as provided for in Level Four.
58 AGENDA ITEM NO. 8.

18 d. Level Four – Assistant City Manager/Board of Review : The aggrieved party may appeal the decision within ten (10) days after the decision has been provided at Level Three by filing a request for a hearing. Requests for hearing and final decision before the Assistant City Manager or the Board of Review shall be made with the Personnel/Risk Manager as hereinafter described.

1) The request shall be in writing and shall include the same information as described in the previous claim in Level Two. This shall be in the form of a separate written request, and said request shall be accompanied by a copy of the written claim filed at Level Two and Level Three.

2) The Board of Review or Assistant City Manager shall have available to it all documents relating to the complaint and any City records that would be helpful in resolving the problem.

3) After studying the documentary evidence, the Board of Review shall conduct such hearings as it deemed necessary. At least two (2) days’ notice of any scheduled hearing should be given.

4) Within a reasonable time after the conclusion of the hearing, the Board of Review or the Assistant City Manager shall submit the written findings of facts and written decision to both the City and the aggrieved party.

5) The Board of review shall be made up of three members, one selected by the aggrieved party, one selected by the City and the third selected by the first two from among those individuals currently serving on the City’s Personnel Commission.

Level Five - City Manager’s Decision: After receipt of the advisory findings of fact and advisory decision from Level Four, the City Manager shall investigate and confer with the parties involved. The aggrieved party, at the aggrieved party’s discretion, may bring in their conferee. The City Manager shall thereafter communicate a final and conclusive decision in writing together with supporting reasons, to the aggrieved party, within twenty (20) days of concluding the investigation of the matter.

General Provisions: To facilitate this procedure, the following provisions shall apply:

1) Any party to a grievance may, at any point i n the process outlined, have a conferee.

2) Any employee may serve as a conferee without fear of prejudice or reprisal of any kind being taken against such employee.

59 AGENDA ITEM NO. 8.

19 3) Grievance adjustment should be more concerned with “what is right” and less concerned with “who is right”. Effective adjustme nt of grievances requires that all parties involved conduct themselves with decorum and restraint, and that commonly accepted principles of ethical conduct be observed at all times.

4) All proceedings, at any level, shall be kept private and confidential, and any disposition of the case will not be made public without the prior joint and mutual agreement of the aggrieved party and the City Manager. An aggrieved party who makes any procee ding or disposition public without said prior joint and mutual agreement shall be held to have thereby waived their grievance. This shall not apply when the aggrieved party requests an opportunity to address the Council. Decisions that have City -wide implications shall be communicated to all certified personnel in an objective and impersonal manner.

5) The City shall keep a written record of all proceedings beginning with Level One. The parties involved shall initial a nd date the records at each Level, indicating their knowledge of the contents , before the grievance shall proceed to the next Level. Such signing s hall not necessary indicate agreement to the factual content.

6) Any costs of operating the grievance procedure shall be borne jointly by the City and the aggrieved party.

7) By mutual written agreement, the time limit at any Level may be extended.

8) The conferee shall conduct their applicable duties, whenever possible, during “non-working” hours. The conferee shall only be allowed to conduct said duties during working hours if (1) there is no interference with any other employee’s job performance and ( 2) the conferee received no overtime compensation by the City for time so spent.

22. Lay-Off

A. The provisions of this article shall apply when the City institutes lay -off of bargaining unit employees pursuant to the City’s Personnel Rules and Regulations.

B. Statement of Intent: In the event the City should anticipate a lay -off of employees covered by this MOU, the City will notify CPTA of its intention to make lay - offs. Within ten (10) days of this notice, either party may agree to reopen this MOU to meet and confer on the topic of cost savings in an effort to avoid a lay-off. Nothing in this section relinquishes the City's right to lay-off employees in the unit if the MOU is reopened and the parties fail to reach a mutually acceptable agreement to avoid a lay-off.

60 AGENDA ITEM NO. 8.

20 C. Notification: Employees to be laid-off shall be given at least thirty (30) calendar days’ prior notice. Prior to lay -off, the City shall issue a statement to the affected employee concerning the performance of the employee. If the performance of the affected employee has been certified as “satisfactory” or better, based on the employee’s last two performance evaluations, the name of the laid -off employee shall be placed on the appropriate reemployment list. If the performance of the laid-off employee is certified as not being “satisfactory” or better, the affected employee’s name shall not be placed on a reemployment list.

D. Order of Layoff: Employees shall be laid-off in the inverse order of their seniority with the City, within the classifications subject to lay -off(s). The City Manager shall determine in which classifications the lay -off(s) shall occur, based on the needs of the City. Seniority shall be determined based upon date of hire to a per manent, full-time position with the City. Within each classification, employees shall be laid -off in the following order.

a. Temporary Employees
b. Contractual Employees
c. Permanent Part-Time Employees
d. Probationary Employees
e. Permanent Employees

E. In cases where there are two or more employees in the classification from which the lay-off is to be made who have the same seniority date, such employees shall be laid-off on the basis of the last evaluation rating in the classification, provided that such rating has been on file at least thirty (30) days and no more than twenty-four (24) months prior to lay -off. In such cases, the employee(s) with the lower evaluation rating will be laid-off first.

F. Bumping: An employee designated to be laid-off may bump into the next lower classification within their classification series, provided that they have seniority over the person being bumped. An employee who is bumped shall be laid-off in the same manner as an employee whose position is abolished.

G. Reemployment List: Employees who are laid-off and who have been certified by the City as providing “satisfactory” performance or better, shall have their names placed on a reemployment list. Vacant positions in the bargaining unit shall be offered to qualified employees on the reemployment list by order of seniority, with the most senior- qualified employee recalled first. Seniority shall be determined by the length of time an employee worked for the City in a permanent, full-time position.

Names shall be maintained on the reemployment list for a period of two (2) years.

Persons who decline a reemployment offer to any permanent position for which they are qualified shall be stricken from the reemployment list.

61 AGENDA ITEM NO. 8.

21 A laid-off employee who is reemployed to a position in which the laid-off employee had regular status shall not be required to serve a new probationary period but shall be required to meet minimum standards for the position. A laid -off employee who is reemployed to a position in which the laid-off employee did not have regular status shall be required to serve a new probationary period and meet the minimum standards of the position. Employees who do not pass the requisite probation in another class will be returned to the reemployment list for the class from which they were laid-off. They will be returned to the same position on the reemployment list they occupied at the time of lay - off.

Employees who are reemployed shall have their sick leave balances restored to the amount prior to lay-off, accrue vacation leave at the same rate as prior to lay-off, and be placed at the same salary step if reemployed to the same classification from which the employee was laid-off. Upon recall, the City will allow the recalled employee a reasonable period of time in which to reinstate certifications that may have lapsed during the employee’s lay-off period.

Non-Discrimination: The City agrees that lay -offs shall be accomplished without regard to an otherwise -qualified employee’s race, color, national origin, religion, sex, or physical disability or any other protected class as defined by law.

23. Physical Examinations

A. In the event the Department Head has reason to believe that an employee is not physically capable of performing the full duties of the employee’s position, or that the employee’s condition represents a danger to the employee , other employees or the public, the Department Head may immediately place that employee on sick leave, or other accrued leave, or personal leave without pay if accrued leave is exhausted, or if already on sick leave, require the employee to remain off work until cleared for full duty b y the City physician or another physician designated by the City.

B. If the employee so requests, the Department Head shall, prior to implementing their decision, present the reasons for taking such action to the employee and, if the employee desires, a representative of the employee's choice.

24. Military Leave

Military leave shall be granted in accordance with the provisions of federal and state law. All employees entitled to military leave shall give the City Manager and/or the employee’s authorized agent an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

Employees shall be paid their regular salary for the first 30 days of active duty within a fiscal year. Starting on the 31 st day of active duty, employees will receive the difference between their military base pay and their City of Clovis pay. Military orders and wage statements will be required. See the Leave Guide for more details. 62 AGENDA ITEM NO. 8.

22 25. Professional Development

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

The maximum reimbursement rate will be calculated September 1 of each year as the total of eight (8) semesters full -time undergraduate tuition, including required fees, at California State University Fresno. A total of $2,000 for required textbooks or e-books will be added to the tuition fees noted above for a grand total maximum reimbursement.

Expenses for courses which began prior to July 1, 2019 will not be included in the maximum lifetime allocation.

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

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

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

C. Course work must be for an accredited college or university degree program, and have the prior approval of the Department Head. Accreditation shall be through the U.S. Department of Education unless otherwise approved by the Department Head.

D. An employee will be eligible for reimbursement of approved expenses for either an Associates, Bachelor’s or Master’s degree. Fees for any combination of these degrees may be reimbursed as long as they do not exceed the employee’s maximum allocation for the Educational Incentive Program.

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

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

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

63 AGENDA ITEM NO. 8.

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

26. Time Bank

A. Employees may donate two (2) hours of vacation time each year to th e CPTA Administrative Board Time Bank. The hours donated to the Time Bank shall be donated on January 1 of each year. These hours may be utilized by CPTA elected officers to attend to CPTA business and educational activities. The City Finance Department will maintain records of all hours donated annually to the Time Bank. Upon request, the City Finance Department will provide CPTA with quarterly information regarding the available balance in the Time Bank and hours utilized.

B. The CPTA President shall authorize the use of Time Bank hours for the elected officers of CPTA. Hours utilized under this section shall be in minimum amounts of four (4) hour increments. For scheduled trainings, schools, etc., the CPTA President shall provide the City Manager or designee with a minimum of fourteen (14) days notice prior to requesting the use of Time Bank hours. The u se of Time Bank hours that impacts assigned schedules shall be subject to the approval of the affected Department Head(s).

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

27. Safety Equipment

Employees in the Engineer I, Engineer II , Civil Engineer, Building Inspector , Engineering Inspector, Sr. Building Inspector, Sr. Engineering Inspector classifications , or other classifications as determined by the PDS/PUD Director that are assigned to field assignments shall receive appropriate personal protective equipment pursuant to OSHA requirements.

28. Workweek

A. The workweek for all unit members shall be 168 consecutive regularly recurring hours.

B. For employees assigned to a “5 / 8” or “4 / 10” work schedule, the workweek shall begin at 0700 hours on Sunday and end at 0700 hours on the following Sunday.

64 AGENDA ITEM NO. 8.

24 C. For employees assigned to a “9 / 80” work schedule, each employee’s designated Fair Labor Standards Act (FLSA) workweek (i.e., 168 regularly recurring hours) shall begin exactly four (4) hours after the start time of the employee’s eight (8) hour shift on the weekday that corresponds with the employee’s regular alternating day off.

29. Flexible Work Schedules

The City will analyze and respond within ninety (90) days to written proposals from CPTA regarding alternative employee work schedules. Such proposals shall be designed with the primary concerns of saving operating costs and enhancing City service levels.

30. Maintenance of Operation

CPTA agrees that for the term of this MOU neither CPTA nor any person acting in its behalf will cause, authorize, engage in, sanction, nor will any of the members of the bargaining unit take part in a strike against the City, a work stoppage, slow -down, picketing or the concerted failure to report for duty, or unauthorized absence or abstinence from the full and faithful performance of their duties of employment, including the compliance with the request of other labor organizations or bargaining units to engage in such activities.

31. Conclusively

It is understood and agreed to that all documents including but not limited to written ordinances, resolutions, policies and procedures, employee rules and merit system rules and regulations which relate to wages, hours, and other terms and conditions of employment which are presently in effect are made part of this MOU by reference. Those items set forth specifically in this MOU may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of CPTA and the City in a written and signed amendment to this Agreement.

CPTA and the City agree that during the negotiations which resulted in this MOU, each party had an unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of representation, therefore, during the term of this Agreement, neither the City or CPTA shall be obligated to meet and confer on any matter:

1. Whether or not specifically referred to in this MOU;

2. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations;

3. Whether or not the matters were proposed and later withdrawn during negotiations.

65 AGENDA ITEM NO. 8.

25 Except That: The City may change a written policy affecting wages, hours, and other terms and conditions of employment, which are incorporated by reference in this MOU. The City shall notify CPTA in writing of its intention to do so. If CPTA does not respond within ten (10) calendar days from the date of mailing of such notification, the City shall assume CPTA does not wish to meet and consult on the change in policy. In an emergency, the City retains the right to take such action immediately. CPTA will be offered the opportunity to meet and consult as soon as practicable.

32. Past Practices

Nothing contained in this MOU shall be interpreted as to imply or permit the invocation of past practice, or tradition, or accumulation vesting of any employee rights or privileges other than those expressly stated herein.

33. Release Time

Authorized CPTA representatives shall receive reasonable release time for the purposes of collective bargaining, the processing of grievances, joint problem -solving meetings between the City and CPTA, and disciplinary representation. As soon as practicable prior to the release from duties, the designated representatives shall submi t a written request for release.

34. Sole Agreement

A. The policies collected in this MOU constitute the entirety of the policies which are subject to the meet and confer obligation as agreed to by the parties.

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

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

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

Should a policy within the MOU become void as outlined above, either the City or the Association may institute the meet and confer process in regard to instituting a substitute item.
66 AGENDA ITEM NO. 8.

26 35. Term of MOU

The City and CPTA acknowledges that all provisions of this agreement, together with those other matters within the scope of representation, are subject to renegotiating upon the expiration of this agreement to the extent provided by law.

The CPTA membership has ratified the contents of this MOU, by their affir mative vote, on or about May 1, 2025. The City Council approved the provisions of this MOU on May 12, 2025.

For CPTA:

______________________________ _________________________________ Andrew Haussler, City Manager Ryan Hennecke, CPTA President

______________________________ _________________________________ Amy Hance, Lead City Negotiator Christopher Catalano, CPTA VP

______________________________ _________________________________ Lori Shively, City Negotiator Nicole Ducas, CPTA Secretary

______________________________ _________________________________ Ryan Burnett, City Negotiator Johnny Jackson, CPTA Commissioner of Affairs

______________________________ ________________________________ Kevin Tuttle, City Negotiator Rami Abunamous, CPTA Treasurer

______________________________ ______________________________ Sarai Yanovsky, City Negotiator Trish Densmore, CPTA Negotiator

ATTEST: ___________________ Date: _______________
Briana Parra, City Clerk

67 AGENDA ITEM NO. 8.

Unit 12CITY OF CLOVIS
CPTA - Monthly Salary Schedule - Effective July 1, 2025 Revised 05/06/25
3% Wage Increase PLUS Equity Adjustments (2.87% Associate Planner, 0.57% Building Inspector, 3.79% City Surveyor, 1.00% Civil Engineer,

5.95% Engineer I, 7.00% Engineer II, 0.63% Engineering Inspector, 7.00% Engineering Tech, 3.60% GIS Analyst, 6.99% Permit Tech, 6.21% Plans Examiner, 5.81% Planning Tech II, 0.44% Sr Bldg Inspector, 5.31% Senior Engineering Inspector, 5.14% Senior Engineering Tech) Code Position Grade Step 1 Step 2 Step 3 Step 4 Step 5
5126 Assistant Planner 570 6,865 7,208 7,568 7,946 8,343 5151 Associate Planner 650 7,970 8,369 8,787 9,226 9,687 5176 Building Inspector 610 6,969 7,317 7,683 8,067 8,470 5161 Business Workflow Analyst 760 9,303 9,768 10,256 10,769 11,307 5162 Business Workflow Specialist 555 6,263 6,576 6,905 7,250 7,613 5228 City Surveyor 620 10,285 10,799 11,339 11,906 12,501 5230 Civil Engineer 660 10,291 10,806 11,346 11,913 12,509 5627 Engineer I 640 8,287 8,701 9,136 9,593 10,073
5105 Engineer II 750 9,224 9,685 10,169 10,677 11,211
5526 Engineering Inspector 590 6,947 7,294 7,659 8,042 8,444 5551 Engineering Technician 450 6,037 6,339 6,656 6,989 7,338 5561 Geographic Info Sys Analyst 630 7,771 8,160 8,568 8,996 9,446 5564 Geographic Info Sys Specialist 555 6,263 6,576 6,905 7,250 7,613 5566 Geographic Info Sys Technician 390 5,155 5,413 5,684 5,968 6,266 5576 Housing Program Coordinator 780 8,467 8,890 9,335 9,802 10,292 5681 Permit Technician 355 5,869 6,162 6,470 6,794 7,134 5726 Planning Technician I 370 5,153 5,411 5,682 5,966 6,264 5751 Planning Technician II 530 6,203 6,513 6,839 7,181 7,540 5776 Plans Examiner 590 7,321 7,687 8,071 8,475 8,899
5901 Senior Building Inspector 690 8,015 8,416 8,837 9,279 9,743 5936 Senior Engineering Inspector 670 8,227 8,638 9,070 9,524 10,000 5951 Senior Engineering Technician 560 6,707 7,042 7,394 7,764 8,152 5955 Traffic Signal Operations Specialist 635 7,545 7,922 8,318 8,734 9,171 * New Position
\\clovis-201\City Pub\MATRIX\HRPY Current Matrices\HR CPTA Matrices 5/6/2025

EXHIBIT A
68 AGENDA ITEM NO. 8.

5.95% Engineer I, 7.00% Engineer II, 0.63% Engineering Inspector, 7.00% Engineering Tech, 3.60% GIS Analyst, 6.99% Permit Tech, 6.21% Plans Examiner, 5.81% Planning Tech II, 0.44% Sr Bldg Inspector, 5.31% Senior Engineering Inspector, 5.14% Senior Engineering Tech) Code Position Grade Step 1 Step 2 Step 3 Step 4 Step 5
5126 Assistant Planner 570 39.61 41.58 43.66 45.84 48.13 5151 Associate Planner 650 45.98 48.28 50.69 53.23 55.89 5176 Building Inspector 610 40.21 42.21 44.33 46.54 48.87 5161 Business Workflow Analyst 760 53.67 56.35 59.17 62.13 65.23 5162 Business Workflow Specialist 555 36.13 37.94 39.84 41.83 43.92 5228 City Surveyor 620 59.34 62.30 65.42 68.69 72.12
5230 Civil Engineer 660 59.37 62.34 65.46 68.73 72.17
5627 Engineer I 640 47.81 50.20 52.71 55.34 58.11
5105 Engineer II 750 53.22 55.88 58.67 61.60 64.68
5526 Engineering Inspector 590 40.08 42.08 44.19 46.40 48.72 5551 Engineering Technician 450 34.83 36.57 38.40 40.32 42.33 5561 Geographic Info Sys Analyst 630 44.83 47.08 49.43 51.90 54.50 5564 Geographic Info Sys Specialist 555 36.13 37.94 39.84 41.83 43.92 5566 Geographic Info Sys Technician 390 29.74 31.23 32.79 34.43 36.15 5576 Housing Program Coordinator 780 48.85 51.29 53.86 56.55 59.38 5681 Permit Technician 355 33.86 35.55 37.33 39.20 41.16 5726 Planning Technician I 370 29.73 31.22 32.78 34.42 36.14 5751 Planning Technician II 530 35.79 37.58 39.46 41.43 43.50 5776 Plans Examiner 590 42.24 44.35 46.56 48.89 51.34
5901 Senior Building Inspector 690 46.24 48.55 50.98 53.53 56.21 5936 Senior Engineering Inspector 670 47.46 49.83 52.33 54.95 57.69 5951 Senior Engineering Technician 560 38.69 40.63 42.66 44.79 47.03 5955 Traffic Signal Operations Specialist 635 43.53 45.70 47.99 50.39 52.91 173.3333333 Monthly hours for 40 hour work week
* New Position
\\clovis-201\City Pub\MATRIX\HRPY Current Matrices\HR CPTA Matrices 5/6/2025 69 AGENDA ITEM NO. 8.

ATTACHMENTS: 1. Res. 25-____, and MOU

2. Appendix Salary Schedule

RECOMMENDATION
For the City Council to approve a resolution authorizing a successor Memorandum of Understanding (MOU) between the City of Clovis and the Clovis Employees Association (CEA) for the term of July 1, 2025, through June 30, 2028.

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

BACKGROUND
The 2022-2025 MOU between the City and CEA expires June 30, 2025. The City’s negotiating team and CEA representatives have recently concluded negotiations for a successor MOU. A summary of the changes in the proposed MOU is below.

 Salary increases as follows:
o FY 2025-2026: 3.0% wage increase
o FY 2026-2027: 2.0% wage increase
o FY 2027-2028: 2.0% wage increase
 In addition to the wage increase above, the following positions will receive market based increases as follows:
o Staff Analyst: 7.0%
 Increased the social media stipend from $100/month to $150/month.  Increased the notary public stipend from $100/month to $150month.  Increased bilingual pay stipend from $100/month to $150/month. 70 AGENDA ITEM NO. 9.

The CEA membership ratified the terms of the proposed MOU on or about May 5, 2025.

FISCAL IMPACT
The proposed amendments to the CEA MOU will result in an increase in costs for salary and incentives of approximately $770,000 over the next three (3) years, which will be budgeted during the term of the agreement.

REASON FOR RECOMMENDATION
The proposed 2025 – 2028 MOU between the City and CEA maintains reasonable wages and working conditions related to the labor market for employees in the CEA bargaining unit. Prior to its implementation, the proposed MOU must be approved by City Council res olution. The proposed amendments are within the financial parameters authorized by the City Council and will preserve the City’s ability to attract and retain qualified personnel.

ACTIONS FOLLOWING APPROVAL
City staff and CEA representatives will sign the proposed 2025- 2028 MOU. Staff will implement the modifications within the new MOU.

CONFLICT OF INTEREST
None.

Prepared by: Amy Hance, General Services Director

Reviewed by: City Manager AH

71 AGENDA ITEM NO. 9.

RESOLUTION 25-

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

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLOVIS AND THE

CLOVIS EMPLOYEES ASSOCIATION BARGAINING UNIT

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

WHEREAS, the Memorandum of Understanding expires on June 30, 2025; and

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

WHEREAS, the proposed CEA Memorandum of Understanding 2025 - 2028 and side letters are attached as Attachment A.

NOW THEREFORE, BE IT RESOLVED that the City of Clovis hereby adopts the Memorandum of Understanding between the City of Clovis and the Clovis Employees Association Bargaining Unit for the term of July 1, 2025, through June 30, 2028.

* * * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 12, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 12, 2025

___________________________ __________________________ Mayor City Clerk

Attachment 1
72 AGENDA ITEM NO. 9.

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF CLOVIS AND

THE CLOVIS EMPLOYEES ASSOCIATION

July 1, 2025, through June 30, 2028

ATTACHMENT A

73 AGENDA ITEM NO. 9.

TABLE OF CONTENTS

Section Title Page

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

1. Unit Description ..................................................................................... 1

2. Purpose ................................................................................................. 2

3. City Rights ............................................................................................. 2

4. Employee Rights.................................................................................... 2

5. Dues Deduction ..................................................................................... 3

6. Union Access ......................................................................................... 3

7. Non-Discrimination ................................................................................ 4

8. Wage Scale and Retirement Contributions ............................................ 4

9. Health, Life and Dental Insurance Compensation.................................. 6

10. Holidays ................................................................................................. 8

11. Sick Leave ............................................................................................. 9

12. Family Illness Leave ............................................................................ 10

13. Vacation ............................................................................................... 11

14. Overtime .............................................................................................. 11

15. Specialty Pay ....................................................................................... 11

16. Compensatory Time ............................................................................ 12

17. Bereavement Leave ............................................................................. 12

18. Leave of Absence Without Pay ............................................................ 13

19. Minimum Callback Pay ........................................................................ 13

20. Mileage ................................................................................................ 14

21. Jury Duty ............................................................................................. 14

22. Service Recognition ............................................................................. 14

23. Grievance Procedures ......................................................................... 14

24. Lay-Off ................................................................................................. 18

25. Fitness for Duty Examinations ............................................................. 20

26. Uniforms .............................................................................................. 20

27. Military Leave ...................................................................................... 20

28. Professional Development ................................................................... 20

29. Time Bank ........................................................................................... 21

30. Workweek ............................................................................................ 22

31. Flexible Work Schedules ..................................................................... 22

32. Maintenance of Operations .................................................................. 23

33. Conclusively ........................................................................................ 23

34. Past Practices ...................................................................................... 24

35. Designation of Confidential Employees ............................................... 24

36. Release Time ...................................................................................... 24

37. Sole Agreement ................................................................................... 24

38. Term of Memorandum of Understanding ............................................. 25

74 AGENDA ITEM NO. 9.
1 Introduction

The representatives of the City of Clovis (City), and the representatives of the Clovis Employees Association (CEA), having met and conferred in good faith, have mutually agreed to recommend to the City Council of the City of Clovis and to the general membership of the bargaining unit that the following Memorandum of Understanding (MOU) be adopted and that the wages, h ours, and other terms and conditions of employment in this exclusive agreement be implemented.

1. Unit Description

1. Recognition of Exclusive Representative: The City agrees to acknowl edge, pursuant to Sections 3500 et seq. of the California Government Code, CEA as the exclusive recognized employee organiza tion representing regular non-management, clerical, and service, full-time permanent and probationary employees as listed below, until such time as CEA fails to obtain a majority of the vote of the employees in that bargaining unit during a decertification election. As the exclusive recognized employee organization, CEA shall have the right and obligation to meet and confer and reach agreement with the City regarding the determination of wages, hours, and other terms and conditions of employment for employees represented by the CEA organization.

Nothing in this article shall be construed as violative of any requirement or provision of the Meyers-Milias-Brown Act.

2. Description of the Bargaining Unit . The unit shall consist of all full-time regular permanent and probationary employees in the following classifications:

1. Principal Office Assistant 6. Recreation Specialist

2. Administrative Assistant 7. Principal Account Clerk

3. Staff Analyst 8. Senior Center Nutritional Services Worker

4. Custodian 9. Senior Custodian

5. Recreation Leader

3. New classifications approved by the City Council and determined to be appropriately placed within this unit shall automatically become part of this unit upon such determination and shall immediately be covered by the terms of this MOU. The City shall notify CEA in writing whenever new classifications are assigned to the CEA bargaining unit. Such notification shall be provided prior to Council adoption of a new classification.

4. (1) Classification Review. An employee may request classification review of the employee’s position by submitting such a request, in writing, to the Department Head. Such request shall set forth the specific reasons for the classification review.

(2) If the Department Head agrees that a classification review is appropriate, the Department Head shall require the employee to complete a classification review questionnaire. The completed questionnaire will be reviewed by the employee’s supervisor and Department Head for completeness and accuracy before transmitting 75 AGENDA ITEM NO. 9.
2 to the Personnel/Risk Manager to conduct the classification review and submit a report of findings and recom mendations to the Department Head and City Manager. The classification review will be completed, and the employee notified of the findings in writing within ninety (90) days of receipt of the completed classification review questionnaire, except in unusual circumstances. When unusual circumstances arise, the City and the employee will establish a mutually acceptable completion date for the classification review.

2. Purpose

It is the purpose of this MOU to provide for a harmonious relationship between the City and the employees covered by this MOU, and to provide an orderly and equitable method of resolving any differences which may arise regarding wages, hours and other term s and conditions of employment. Nothing in this MOU shall preclude the City from recognizing in accordance with City policy any employee whose performance is determined by the City to be outstanding.

3. City Rights

Notwithstanding any of the items agre ed to herein, nothing in this MOU is intended to limit the management rights of the City, including the following specific rights:

1. Direct the work of its employees.

2. Hire, promote, demote, transfer, assign and classify employees within the City, and to determine the mission of its divisions and departments, and its budget, organization, and number of employees.

3. Discipline employees according to applicable regulations and MOU provisions.

4. Take actions as may be necessary to carry out the mission of the agency in emergencies.

5. Determine the methods, means and personnel by which operations are to be carried on.

6. Determine its budget, organization, merits, necessity and level of any activity or service provided to the public.

4. Employee Rights

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

5. Dues Deduction

Payroll deductions/dues shall be in accordance with applicable law. 76 AGENDA ITEM NO. 9.
3 6. Union Access
The City and the Association agree on the procedures for administering Assembly Bill 119 (AB 119) Union Access for the Associations represented employees that are newly hired and for existing employees.

Access to employee new hire orientations:
o At least ten days prior to the new hire orientation the Union President will receive an e-mail notification of the orientation date and time. Only one notification will be sent out. The Union will be responsible for attending the orientation. Personnel will not follow up after the first notification. o The amount of Union Representatives present during the orientation is limited to two representatives.
o Time allotted for union access during the orientation will be 15 mi nutes.

The total time that the Union representative spends away from work shall not exceed 45 minutes.
o Orientations are usually on the 1st and 16th of the month. If the 1st or 16th is on a weekend or a holiday the orientation will be on the first working day after the 1st or 16th.
o The City will reserve the right to hold the orientations on different days in case of an unusual situation.
o If mutually agreed upon the ten day notification can be reduced to allow the new hire an earlier start date.
o Orientation time may vary depending on staffing levels and number of employees attending the orientation.

Access to new hire employee personal information:

Personal information on new hires will be distributed to the Union President within 30 days after date of hire as required by the law. The Union President will pick up the personal information and sign for it. Only one e-mail notification will be sent out to the Union President. The Union President will be responsible for picking up the personal information.

Access to current employee personal information:

Both the City and the Association agree to waive the personal information requirement on current employees that is required to be distributed every 120 days by AB 119.

Personal information will be distributed to the Association once a year. The personal information will be distributed to the Union President once per calendar year by the 15th of January.

The Union President will pick up the personal information and sign for it. Only one e - mail notification will b e sent out to the Union President. The Union President will be responsible for picking up the personal information. The personal information distributed will be the information that is required by AB 119.

Opt-Out Provision:
77 AGENDA ITEM NO. 9.
4 If the employee opts out and do es not want their personal information distributed, the City will send the Association the employee’s name, work phone, job title, and work location.

7. Non-Discrimination

The City and CEA agree not to discriminate against any employee in accordance with applicable laws.

8. Wage Scale and Retirement Contributions

A. Wage Scale - The City will implement the following wage increases during the term of this agreement:

1. Fiscal Year 2025 - 2026:
 All positions shall receive a 3.0% wage increase. The wage increase shall become effective on the first day of the first payroll period following CEA ratification and City Council approval of this MOU.  Staff Analyst classification shall receive a 7.00 % equity adjustment for a total adjustment of 10.00%

2. Fiscal Year 2026 - 2027:
 Effective July 1, 2026, all positions shall receive a 2.0% wage increase.

3. Fiscal Year 2027 – 2028:
 Effective July 1, 2027, all positions shall receive a 2.0% wage increase.

B. Step Increases - The City shall maintain its current five (5) step salary plan during the term of this MOU.

C. Retirement

1. The City shall, during the term of this agreement, pay the rate prescribed for employer contributions into the CalPERS fund in accordance with the rules and regulations governing such employer contributions, and as provided below. All references to PEPRA shall mean the California Public Employees’ Pension Retirement Act as enacted in 2013.

2. Employee Paid CalPERS Member Contributions

CalPERS Classic Employees (per 2013 PEPRA regulations)

Employee Paid Member Contribution 8.0%
Employee Cost Share of City’s CalPERS Cost 8.4%
78 AGENDA ITEM NO. 9.
5 TOTAL CalPERS COSTS PAID BY EMPLOYEE: 16.4%

CalPERS New Members (per 2013 PEPRA regulations)

Employee Paid Member Contribution 7.50%*
Employee Cost Share of City CalPERS Cost 8.40%
TOTAL CalPERS COSTS PAID BY EMPLOYEE: 15.90%

*Pursuant to PEPRA regulations, the PERS New Member Employee Paid Member Contribution (EPMC) is subject to change and may increase. If such changes occur, the City will notify CEA prior to implementation of any rate changes to New Employee EPMC.

3. The Employee Cos t-Sharing amounts specified in 8 .C.2 above shall apply to employees classified as “ CalPERS Classic Employees” and to employees classified as “ CalPERS New Members”, as defined by 2013 PEPRA regulations.

4. For all employees classified as “ CalPERS Classic Employees” (per 2013 PEPRA regulations) the City will continue to provide the benefit known as “ CalPERS single Highest Year Benefit” throughout the term of this agreement.

5. For all employees classified as “CalPERS New Members” (per 2013 PEPRA regulations), the City will continue to provide the benefit known as “CalPERS 3 Year Final Compensation”.

D. Credit for Unused Sick Leave

1. The City shall continue to provide the CalPERS benefit known as “CalPERS Credit for Unused Sick Leave (Govt. Code Section 20965).

E. Deferred Compensation

Unit members who have completed their initial probationary period may elect to participate in a deferred compensation program that includes a City matching contribution. The maximum match percentage indicated below is based on the employee’s base salary and calculated per pay period. Effective February 1, 2024, the matching contribution funded by the City will be placed into a 401(a) account. The City’s matching contribution will be calculated per pay period and based on pre -tax 457(b) employee contributions, post-tax Roth 457(b) contributions, or a combination of both.

City’s Matching Maximum City Payment
Contribution/Payment Calculated per pay period ___

(City/Employee)

1:1 3%
79 AGENDA ITEM NO. 9.
6 If the maximum dollars available to the members of this unit for the contributory deferred compensation program are not utilized in any fiscal year, the remaining dollars shall be applied to health insurance rates for this unit only. The total unit wage subject to the deferred compensation matching program will be compared to the actual dollars spent by the City on the program to determine any unspent dollars available during the preceding fiscal year.

9. Health, Life, and Dental Insurance Compensation

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

If any bargaining unit represented by the HBC is not in agreement with the position of the HBC as demonstrated by a negative vote of their respective affiliation membership, such bargaining unit and their designated representative(s) will meet and confer with the City to impasse prior to the implementation of any meet and confer proposals made in accordance with this agreement. The City’s health benefit plan structure shall be determined through the meet and confer process between the HBC and the City. The City’s health benefit plan structure is defined as the type and level of benefits.

The benefits provided under this section shall be at the minimum type and level of benefits that is no less than the minimum benefit offered by any of the program providers as listed on the 1995 Health Program Benefits Sheet distributed on February 1, 1995, provided that the benefit is competitively available in the local market. The City will select the health benefit plan vendors and set the health benefit plan rates.

The City will meet and confer with the HBC regarding the impacts of vendor selection, rates, rate structure, and other plan change impacts.

The employee contribution rate will remain at 10% of the total cost of the lowest cost plan as determined by the City for the various employee, employee/family, and other tier groups as proposed. Increases or decreases in the year to year premium will be shared in the same 10% employee, 90% employer ratio for the term of this MOU unless otherwise changed through the meet and confer process with the HBC. 80 AGENDA ITEM NO. 9.
7 B. Health Premium Waiver Incentive

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

2. Employees who waive medical and prescription drug coverages will receive a waiver incentive based on the following employee coverage tiers:

 Employee Only $362.00
 Employee + Child(ren) $322.00
 Employee + Spouse $309.00
 Employee + Spouse + Child(ren) $265.00
Employees who choose to discontinue health coverages through the City shall continue to receive City -provided life insurance coverage and employee assistance program (E.A.P.) benefits. To be eligible for this incentive, employees must: (1) notify the City’s Personnel Division of their decision to discontinue health coverage during the City’s annual health insurance open enrollment period; (2) annually provide evidence of being covered on another group health plan; and (3) verify to the City that discontinuance of health coverage does not constitute a violation of any court order or other legal obligation to which the employee may be subject. In the event that an employee who has opted -out of the City’s health coverage subsequently loses their alternate medical coverage due to a life changing event as defined by the Consolidated Omnibus Budget Reconciliation Act (COBRA), the employee may re-enroll in the City’s health coverage program. It shall be the responsibility of the employee to notify the City’s Personnel Division of such a life changing event within 30 days of the event.

Any Changes in ACA regulations that affect cash -in-lieu benefits will require a reopener on the cash-in-lieu benefit.

C. Supplemental Life Insurance
Throughout the term of this agree ment, the City shall make available to employees in this unit supplemental life insurance coverage. It is understood and agreed that the premiums for such coverage shall be paid for exclusively by the employees who elect the supplemental life insurance co verage. Payment of the premiums for this coverage shall be made through employee payroll deductions.

The City shall be responsible for selecting the life insurance provider. Prior to selecting a provider, the City shall consult with CEA representatives.

D. State Disability Insurance
The members of CEA agree to pay for State Disability Insurance premiums for a minimum of two calendar years in accordance with the State Unemployment Insurance Code Rules and Regulations. It is further understood by CEA that the City 81 AGENDA ITEM NO. 9.
8 allows State Disability as a non -vested benefit to be available to CEA members provided the City does not incur a contribution obligation.

10. Holidays

A. The holidays listed below will be recognized as eight (8) hour holidays during the existence of this MOU, except for Subdivision 10, which will be recognized as a four (4) hour holiday:

1. New Year's Day (January 1)

2. Martin Luther King Jr. Day (3rd Monday in January)

3. All President's Day (3rd Monday in February)

4. Memorial Day (last Monday in May)

5. Independence Day (July 4)

6. Labor Day (1st Monday in September)

7. Veteran's Day (November 11)

8. Thanksgiving Day (as declared in November)

9. Friday after Thanksgiving Day

10. The latter four (4) hour s of one workday between December 24 and December 31. In order to maintain operations, Department Heads shall have discretion over scheduling which day employees select.

11. Christmas Day (December 25)

12. One (1) floating day to be used for employee birthday or any other work day selected by mutual agreement of the employee and the employer.

Floating holiday hours may accrue without limit.

B. Whenever any such above -described recognized holiday falls on a Saturday, the preceding Friday shall be consid ered a holiday. Whenever any such above described recognized holiday falls on a Sunday, the following Monday shall be considered a holiday.

C. Employees may request and may receive Good Friday off provided they have either adequate compensatory time off accrued or accrued vacation time, or are granted leave without pay per the City’s Personnel Rules and Regulations.

E. Whenever an employee is required to work on a recognized holiday, the employee shall be paid at straight time, plus one and one-half times their rate of pay for every hour actually worked with a two (2) hour minimum.

82 AGENDA ITEM NO. 9.
9 11. Sick Leave

A. Employees will receive eight (8) hour's sick or accident allowance for each full month of employment (based on date of hire) up to a total of ninety-six (96) hours allowance per calendar year.

Such allowance is cumulative from year to year.

Sickness or accident benefit payments, including workers' compensation payments, for any work week shall not exceed an employee's normal straight time weekly earnings.

Sick Leave benefits are payable only for an employee's regularly scheduled work days on which the employee is unabl e to work as a result of the employee’s illness or accident.

After an employee in this unit accumulates 192 hours of unused sick leave, the employee may receive a cash payback of a portion of the unused sick leave accumulated during the previous 12 month period. The payment shall be paid once a year, on the first paycheck after November 16 , and the hours available for payback shall be based on the following schedule:

Number of Sick Leave Hours
Used During Preceding Number of Cash-out Percent of
12 Month Period Hours Available Cash-Out
0 96 50%
0+ to 8 88 45%
8+ to 16 80 40%
16+ to 24 64 35%
24+ to 32 56 30%
32+ to 40 48 25%
___________________________________________________________________ The remaining portion of unused sick leave hours shall continue to accumulate.

B. Medical Appointments

Employees may use earned sick leave days for medical, chiropractic, dental and therapy appointments with the approval of the Department Head or the Department Head’s designee.

C. Sick Leave Cash-Out at Time of Retirement

Employees who retire from the City on the regular CalPERS service retirement benefit may elect to receive a lump sum cash -out of up to 25% of their accrued sick 83 AGENDA ITEM NO. 9.
10 leave balance as calculated at the time of retirement. This benefit is not applicable to employees who leave City service under any other conditions, including employees who retire under CalPERS disability retirements. Appropriate federal/state tax withholding will be made at the time of cash-out.

Accrued sick -leave hours that remain following cash -out will be certified to CalPERS for the benefit known as “Credit for Unused Sick Leave.”

12. Family Illness

A. An employee shall be entitled to twenty-four (24) work hours with pay in any one (1) calen dar year for the purpose of providing personal care, attendance and compassion to a member of the employee's immediate family who is suffering from an injury or illness. An employee shall be entitled to up to forty (40) work hours with pay in any one (1) calendar year if travel is required outside of California. However, the necessity for the employee's presence may, in the discretion of the City Manager or the City Manager’s authorized agent, be required to be verified by a doctor's certificate.

For the purposes of this Section, “immediate family” shall include the husband, wife, mother/step, father/step, mother-in-law, father -in-law, brother/step, sister/step, child/step, grandparent, grandchildren, brother/sister-in-laws, son/daughter-in-laws, or legal dependent of the employee , and registered domestic partner as defined by the State of California.

B. Family Illness Leave Act - The City and CEA agree to comply with the legal requirements of “The Family and Medical Leave Act of 1993” (FMLA), as amended and “The California Family Rights Act of 1991” (CFRA), as amended (collectively referred to as the “ACTS”) and detailed in the City of Clovis Administrative Memo 94 -2, as amended.

C. All unit members have been properly noticed concerning their rights and the City’s policy regarding their entitlements under the ACTS by provision of a copy of Administrative Memo 94-2 as amended and that all time off for reasons covered under the ACTS (including workers’ compensation absences) is designated FMLA/CFRA leave and counts towards their entitlement under both ACTS.

D. Employees who take leave under the ACTS on an Intermittent or Reduced Leave Schedule when their available paid leave balances have been exhausted will receive their negotiated benefits on a proportion ate basis, based on the average number of hours they worked in a pay period compared to the number of hours not worked. For example, an employee who works 40 hours in an 80 hour pay period, will receive 50% accrual of sick leave and vacation time, and will be paid for one-half of a day for any holidays during that pay period.

84 AGENDA ITEM NO. 9.
11 13. Vacation

Employees in this unit shall earn vacation credit on the following basis:

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

The time at which the employee shall be granted a vacation is at the discretion of the Department Head. Employee sen iority, as defined in Section 24, shall govern selection of vacation time unless the needs of the City require a deviation from this procedure.

14. Overtime

Overtime must be authorized by a supervisor and will be paid at the rate of one and one-half times the normal rate of pay for all hours actually worked in excess of eight (8) hours in a day. Employees who work an alternate work schedule, (i.e., “4-10” or “9 -80”) shall earn overtime for hours actually worked in excess of their normal schedule.

15. Specialty Pay

A. Employees in this Unit shall receive a salary increase equivalent to “A” step of the position being filled or a 5% salary increase, whichever is greater, above their regular salary when they are assigned by their supervisor to perform the majority of the duties of a supervisory position for at least forty (40) working hours within a seven (7) day period. All temporary upgrade pay work assignments, including the length of the assignment, shall be in accordance with CalPERS rules and regulations.

B. Employee(s) who maintain a Notary Public certification that is determined to be of benefit to the City shall receive a monthly premium of $150.00.

C. CEA members who possess non -English language skills that have been identified by the Department Head as beneficial to the Department shall receive a maximum of one hundred fifty dollars ($150.00) per month in addition to the employee’s base salary. The city shall determine if employees qualify for the bilingual pay and the standards of proficiency that an employee must possess in order to receive bilingual pay.

D. Cell Phone Stipend – Employees who are required by management to use a City issued cell phone, outside of shared and pooled phones, will have the option to receive a $25.00 monthly stipend in lieu of using the City issued cell phone. To participate in this program the employee must provide their cell phone number to the Department. This method of notification replaces the method of the City providing a cell phone. Employee cell phones must be able to function locally and have text 85 AGENDA ITEM NO. 9.
12 messaging service and the ability to send or receive pictures in addition to phone service. The stipend is provided in recognition of the City using this method to notify employees of overtime, emergency recall, social media, and to contact the employee during the course of work.

E. Social Media Coordinator – Employees assigned, by their supervisor, as a Social Media Coordinator shall receive a $150.00 per month stipend. Any after-hours social media posts must be preauthorized by the employee’s supervisor and done in order to provide essential or emergency public information. Essential or emergency public information in this context shall mean a serious, unexpected, or a danger situation requiring immediate action. Such after hours work must be pre-approved and shall be otherwise compensated as appropriate under the law.

16. Compensatory Time-Off

Employees shall be allowed to cash -out up to 80 hours of their accumulated CTO during the first pay check after November 16 . Employees wishing to cash -out CTO must notify the Finance Department in writing by November 15 of their desire to cash-out CTO and how many hours they wish to cash-out.

17. Bereavement Leave

A. An employee shall be entitled to forty (40) excused hours with p ay on an annual basis to attend the funeral of any member of the employee's immediate family.

For the purpose of this Section, the term "immediate family" shall include the husband, wife, father /step, mother/step, brother/step, sister /step, child/step, grandchild/step, mother-in-law, father -in-law, grandparents , brother/sister -in-laws, son/ daughters-in- law, or legal dependents of such employee, and registered domestic partner as defined by the State of California. The City will take all reasonable steps to accommodate an employee’s work schedule so the employee may attend the funeral of an immediate family member.

B. Employees who have worked for the City at least 30 days will have five days unpaid bereavement leave based on their regular schedule. The five unpaid days do not need to be consecutive, but they must be taken within three months of the death of a covered family member. Documentation verifying the family member’s death may be required. For the purposes o f this section, family members shall include spouse, child, parent, sibling, grandparent, grandchild, domestic partner, and parent-in-law.

86 AGENDA ITEM NO. 9.
13 C. Employees who have worked for the City for at least 30 days have up to five (5) days of unpaid bereavement leave following a reproductive loss event including a failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction. The reproductive loss event applies to any person who would have been a parent as a result of the unsuccessf ul adoption, surrogacy, assisted reproduction, or pregnancy. The leave days do not have to be taken consecutively but must be completed within three months of the reproductive loss event.

18. Leave of Absence Without Pay

A. The City Manager may grant a permanent or probationary employee a leave of absence without pay or accrual of seniority for a period not to exceed three (3) months. Leaves of absence without pay may be extended at three (3) month intervals (up to a maximum of nine (9) months) upon the mutual agreement of the City and the employee involved. No such leave shall be granted except upon written request of the employee setting forth the reason for the request, and th e approval will be in writing.

Upon expiration of the regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee may be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge, in the discretion of the City Manager.

B. The Department Head may grant a permanent or probationary employee a leave of absence without pay for a period not to exceed one (1) calendar week. Such leave shall be reported to the City Manager or the City Manager’s authorized representative.

19. Minimum Callback Pay

An employee in this unit who is called back to work outside of the employee’s regularly scheduled shift shall be paid a minimum of three (3) hours at the employee’s overtime rate. The employee shall have the option of choosing overtime pay or CTO as compensation for callback duty.

20. Mileage

The City shall pay the current City s tandard mileage reimbursement rate, as determined by the Internal Revenue Services, for use of an employee’s vehicle for authorized City business. Such use shall be in conformance with City practices and policies.

21. Jury Duty

The provisions of the City’s Personnel Rules and Regulations, which pertain to Jury Duty, shall be applicable to employees covered by this MOU. While serving on jury duty, employees will continue to be paid by the City on the basis of a forty (40) hour work week, at their normal rate of pay, on condition that any compensation (in 87 AGENDA ITEM NO. 9.
14 excess of mileage expenses) received by the employee from the court be turned over to the City.

22. Service Recognition

Service awards are given to employees when they reach 5-year increment milestones of employment with the City of Clovis. (e.g., 5 years, 10, years, 15 years, etc.) The City shall allow employees in this unit the option to either accept the service award gift or collect the cash value of the gift. Employees will be notified wh en they are eligible for a service award, the cash value of the award, and will be provided a form to opt for either the gift or the cash equivalent.

Cash in lieu of a service award gift will be on an employee’s regular check and is subject to regular payroll taxes.

23. Grievance Procedure

The City and CEA agree that all parties shall utilize the existing appeals mechanism provided for within the City’s Personnel Rules and Regulations for all cases regarding discharge or suspension , unless and until appropriately modified at the initiation of the City.

Policy Statement

CEA employees herein are encouraged to solve difficulties and problems within their department. In the event that a difficulty or grievance cannot be settled within the department, the employee is encouraged to bring the matter to the attention of the Personnel Officer.

Purpose

The purpose of this grievance procedure is to secure, at the lowest possible administrative or supervisory level, proper and equitable solutions to grieva nces, and to guarantee orderly succession of procedures within which solutions may be pursued.

It shall be incumbent upon all City employees to follow these procedures to settle their grievances.

Definition of Terms: As used in this Section, the following words shall have the designated meanings:

2. Conferee: A conferee is an individual who, at the request of the employee, is invited to participate in a grievance conference.

88 AGENDA ITEM NO. 9.
15 3. Aggrieved Party: Aggrieved party is the employee or group of employees or City making the claim.

4. Days: The term “days” shall, except when otherwise indicated, mean calendar days when the City offices are open.

Implementation Procedures: Any grievance of a disciplinary matter may be brought before the Personnel Commission according to the manner and procedures specified in the City’s Personnel Rules and Regulations and shall proceed according to the below-described manner and procedure:

a. Level One - Oral Discussion With Immediate Supervisor: An aggrieved party shall orally present his grievance to the employee’s immediate supervisor within fifteen (15) days of the occurrence of the event being grieved, or within fifteen (15) days after the employee becomes aware of the event being grieved. The aggrieved party and the immediate supervisor should make every effort to resolve the difficulty in this manner.

b. Level Two - Personal Conference Upon Written Claim With Immediate Supervisor: An aggrieved party may then submit their claim in writing to their supervisor. The written claim must be submitted to the immediate supervisor no more than fifteen (15) days past the date of the Level One discussion. This fifteen (15) day time period does not begin to run against an employee who is off duty on an approved absence, until that employee returns to duty. The parties should make every effort to resolve the difficulty in this manner. The conciliatory efforts of conferees may be utilized at this stage as a substitute for or in conjunction with the aggrieved party. The aggrieved party’s written claim should state their position clearly, and the background and reasons and the following items must be included:

(1) A statement of the steps initiated by the aggrieved party to resolve the problem by informal means.

(2) A description of the general and specific grounds for the grievance.

(3) A listing of the specific actions and events alleged to be in violation (including witnesses).

(4) A statement of the reasons why the specific actions identified above are in violation of this Section.

(5) A listing of the specific actions which the aggrieved employee believes would best remedy their grievance.

Upon receiving the written claim, the immediate supervisor shall schedule a personal conference with the aggrieved party to resolve the grievance. If the aggrieved party is not satisfied with the results of this personal conference with the aggrieved party’s immediate supervisor, which must be announced within fifteen (15) days, they 89 AGENDA ITEM NO. 9.
16 must then file a written complaint with his department head within fifteen (15) days of receiving the notice from their immediate supervisor.

c. Level Three - Personal Conference With Department Head : An aggrieved party may appeal the Level Two decision to their department head by filing a written complaint. Said complaint shall contain the same information as described above for the Level Two claim. It shall not be necessary to rewrite the above information. Upon receipt of the complaint, the department head shall schedule a personal conference with the aggrieved. At this conference, the attending aggrieved party and department head should make every effort to resolve t he matter. If the aggrieved party is not satisfied with the results of this personal conference with this department head, which results must be announced within fifteen (15) days of the conference, the employee must then file a written appeal as provided for in Level Four.

d. Level Four – Assistant City Manager/Board of Review: The aggrieved party may appeal the decision within ten (10) days after the decision has been provided at Level Three by filing a request for a hearing. Requests for hearing and final decision before the Assistant City Manager or the Board of Review shall be made with the Personnel/Risk Manager as hereinafter described.

(1) The request shall be in writing and shall include the same information as described in the previous claim in Level Two. This shall be in the form of a separate written request, and said request shall be accompanied by a copy of the written claim filed at Level Two and Level Three.

(2) The Board of Review or Assistant City Manager shall have available to it all documents relating to the complaint and any City records that would be helpful in resolving the problem.

(3) After studying the documentary evidence, the Board of Review shall conduct such hearings as it deemed necessary. At least two (2) days’ notice of any scheduled hearing should be given.

(4) Within a reasonable time after the conclusion of the hearing, the Board of Review or the Assistant City Manager shall submit the written findings of facts and written decision to both the City and the Aggrieved Party.

(5) The Board of review shall be made up of three members, one selected by the Aggrieved Party, one selected by the City and the third selected by the first two from among those individuals currently serving on the City’s Personnel Commission.

Level Five - City Manager’s Decision: After receipt of the advisory findings of fact and advisory decision from the Level Four Board of Review, the City Manager shall investigate and confer with the parties involved. The Aggrieved Party, at the aggrieved party’s discretion, may bring in their conferee. The City Manager shall thereafter communicate a final and conclusive decision in writing together with supporting 90 AGENDA ITEM NO. 9.
17 reasons, to the Aggrieved Party, within twenty (20) days of concluding the investigation of the matter.

General Provisions: To facilitate this procedure, the following provisions shall apply:

(1) Any party to a grievance may, at any point i n the process outlined, have a conferee.

(2) Any employee may serve as a conferee without fear of prejudice or reprisal of any kind being taken against such employee.

(3) Grievance adjustment should be more concerned with “what is right” and less concerned with “who is right”. Effective adjustme nt of grievances requires that all parties involved conduct themselves with decorum and restraint, and that commonly accepted principles of ethical conduct be observed at all times.

(4) All proceedings, at any level, shall be kept private and confidential, and any disposition of the case will not be made public without th e prior joint and mutual agreement of the aggrieved party and the City Manager. An aggrieved party who makes any proceeding or disposition public without said prior joint and mutual agreement shall be held to have thereby waived his grievance. This shall not apply when the Aggrieved Party requests an opportunity to address the Council. Decisions that have City -wide implications shall be communicated to all certifi ed personnel in an objective and impersonal manner.

(5) The City shall keep a written record of all proceedings beginning with Level One. The parties involved shall initial a nd date the records at each Level, indicating their knowledge of the contents, before the grievance shall proceed to the next Level. Such signing shall not necessary indicate agreement to the factual content.

(6) Any costs of operating the grievance procedure shall be borne jointly by the City and the Aggrieved Party.

(7) By mutual written agreement, the time limit at any Level may be extended.

(8) The conferee shall conduct all applicable duties, whenever possible, during “non-working” hours. The conferee shall only be allowed to conduct said duties during working hours if (1) t here is no interference with any other employee’s job performance and ( 2) the conferee received no overtime compensation by the City for time so spent.

24. Lay-Off

A. The provisions of this article shall apply when the City institutes lay -off of bargaining unit employees pursuant to the City’s Personnel Rules and Regulations. 91 AGENDA ITEM NO. 9.
18 B. Statement of Intent : In the event the City should anticipate a lay -off of employees covered by this MOU, the City will notify CEA of its intention to make lay - offs. Within ten (10) days of this notice, either party may agree to reopen this MOU to meet and confer on the topic of cost savings in an effort to avoid a lay -off. Nothing in this section relinquishes the City's right to lay -off employees in the unit if the MOU is reopened and the parties fail to reach a mutually acceptable agreement to avoid a lay- off.

C. Notification: Employees to be laid -off shall be given at least thirty (30) calendar day’s prior notice. Prior to lay -off, the City shall issue a statement to the affected employee concerning the performance of the employee. If the perform ance of the affected employee has been certified as “satisfactory” or better, based on the employee’s last two performance evaluations, the name of the laid-off employee shall be placed on the appropriate reemployment list. If the performance of the laid -off employee is certified as not being “satisfactory” or better, the affected employee’s name shall not be placed on a reemployment list.

D. Order of Layoff : Employees shall be laid -off in the inverse order of their seniority with the City, within the classifications subject to lay-off(s). The City Manager shall determine in which classifications the lay -off(s) shall occur, based on the needs of the City. Seniority shall be determined based upon date of hire to a permanent, full- time position with the City. Within each classification, employees shall be laid -off in the following order:

1. Temporary Employees

2. Contractual Employees

3. Permanent Part-Time Employees

4. Probationary Employees

5. Permanent Employees

E. In cases where there are two or more employees in the classification from which the lay -off is to be made who have the same seniority date, such employees shall be laid-off on the basis of the last evaluation rating in the classification, provided that such rating has been on file at least thirty (30) days and no more than twenty-four (24) months prior to lay- off. In such cases, the employee(s) with the lower evaluation rating will be laid-off first.

F. Bumping: An employee designated to be laid -off may bump into the next lower classification within their classification series, provided that they have seniority over the person being bumped. An employee who is bumped shall be laid -off in the same manner as an employee whose position is abolished.

G. Reemployment List : Employees who are laid-off and who have been certified by the City as providing “satisfactory” performance or better, shall have their names placed on a reemployment list. Vacant positions in the bargaining unit shall be offered to qualified employees on the reemployment list by order of seniority, with the 92 AGENDA ITEM NO. 9.
19 most senior -qualified employee recalled first. Seniority shall be determined by the length of time an employee worked for the City in a permanent, full-time position.

Names shall be maintained on the reemployment list for a period of two (2) years.

Persons who decline a reemployment offer to any permanent position for which they are qualified shall be stricken from the reemployment list.

A laid-off employee who is reemployed to a position in which the employee had regular status shall not be required to serve a new probationary period but shall be required to meet minimum standards for the position. A laid-off employee who is reemployed to a position in which the employee did not have regular status shall be required to serve a new probationary period and meet the minimum standards of the position. Employees who do not pass the requisite probation in another class will be returned to the reemployment list for the class from which they were laid-off. They will be returned to the same position on the reemployment list they occupied at the time of lay-off.

Employees who are reemployed shall have their sick leave balances restored to the amount prior to lay-off, accrue vacation leave at the same rate as prior to lay -off, and be placed at the same salary step if reemployed to the same classification from which the employee was laid -off. Upon recall, the City will allow the recalled employee a reasonable period of time in which to reinstate certifications that may have la psed during the employee’s lay-off period.

H. Non-Discrimination: The City agrees that lay -offs shall be accomplished without regard to an otherwise -qualified employee’s race, color, national origin, religion, sex, or physical disability and any other protected classes as defined by law.

25. Fitness for Duty Examinations

A. In the event the Department Head has reason to believe that an employee is not physically and/or mentally capable of performing the full duties of the employee’s position, or that the employee’s condition represents a danger to self, other employees or the public, the Department Head may immediately place that employee on sick leave, or other accrued leave, or personal leave without pay if accrued leave is exhausted, or if already on sick leave, require the employee to remain off work until cleared for full duty by the City physician or another physician designated by the City.

B. If the employee so requests, the Department Head shall, prior to implementing a decision, present the reasons for taking such action to the employee and, if the employee desires, a representative of the employee's choice.

26. Uniforms

The City shall provide uniforms to all employees who are required to wear uniforms. The City shall determine the uniform design and composition. Uniforms are the property of the City and shall be returned to the City upon separation. Employees will be provided with a minimum of four (4) uniforms annually. Additional uniforms may be provided if necessary, d ue to wear / tear, as determined by the employee’s 93 AGENDA ITEM NO. 9.
20 supervisor. Employees are responsible for maintaining their uniforms in a reasonable manner, ensuring a clean and professional appearance. Uniforms are property of the City and must be returned upon separation from the City.

27. Military Leave

Military leave shall be granted in accordance with the provisions of federal and state law. All employees entitled to military leave shall give the City Manager and/or the City Manager’s authorized agent an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

28. Professional Development

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

The maximum reimbursement rate will be calculated September 1 of each year as the total of eight (8) semesters full -time undergraduate tuition, including required fees, a t California State University Fresno. A total of $2,000 for required textbooks or e-books will be added to the tuition fees noted above for a grand total maximum reimbursement.

Expenses for courses which began prior to July 1, 2019 will not be included in the maximum lifetime allocation.

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

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

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

C. Course work must be for an accredited college or university degree program, and have the prior approval of the Depar tment Head. Accreditation shall be through the U.S. Department of Education unless otherwise approved by the Department Head.

94 AGENDA ITEM NO. 9.
21 E. Course work must be work-related and determined by the Department Head to be of benefit to the C ity. Required course work as part of an approved undergraduate or master’s degree program is eligible for reimbursement.

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

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

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

29. Time Bank

During the time of this agreement, employee donations to the CEA Time Bank will be suspended . Any remaining hours in the time bank may be utilized by CEA elected officers and committee members to attend to CEA business and educational activities. The City Finance Department will maintain records of all hours donated annually to the Time Bank. Upon request, the City Finance Departmen t will provide CEA with quarterly information regarding the available balance in the Time Bank and hours utilized.

The CEA President shall authorize the use of Time Bank hours for the elected officers and committee members of CEA. Hours utilized under this section shall be in minimum amounts of two (2) hour increments. For scheduled trainings, schools, etc ., that occur off City property or out of town, the CEA President shall provide the appropriate Department Head or designee with a minimum of fourteen (14) days’ notice prior to requesting the use of Time Bank hours.

For CEA business meetings, consultations, and trainings that occur on City premises, the CEA President shall obtain reasonable advanced approval from the appropriate Department Head or designee for use of Time Bank hours. The use of Time Bank hours that impacts assigned schedules shall be subject to the approval of the affected Department Head(s).

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

95 AGENDA ITEM NO. 9.
22 30. Workweek

A. The workweek for all unit members shall be 168 consecutive regularly recurring hours.

B. For employees assigned to a “5 / 8” or “4 / 10” work schedule, the workweek shall begin at 0700 hours on Sunday and end at 0700 hours on the following Sunday.

C. For employees assigned to a “9 / 80” work schedule, each employee’s designated FLSA workweek (i.e., 168 regularly recurring hours) shall begin exactly four (4) hours after the start time of the employee’s eight (8) hour shift on the weekday that corresponds with the employee’s regular alternating day off.

31. Flexible Work Schedules

Unit members in Recreation classifications assigned to work on weekends may have their day(s) off scheduled during Monday – Friday.

The City will analyze and respond within ninety (90) days to written proposals from CEA regarding alternative employee work schedules. Such proposals shall be designed with the primary concerns of saving operating costs and enh ancing City service levels.

32. Maintenance of Operations

CEA agrees that for the term of this MOU neither CEA nor any person acting on its behalf will cause, authorize, engage in, sanction, nor will any of the members of the bargaining unit take part in a strike against the City, a work stoppage, slow -down, picketing or the concerted failure to report for duty, or unauthorized absence or abstinence from the full and faithful performance of their duties of employment, including the compliance with the r equest of other labor organizations or bargaining units to engage in such activities.

33. Conclusively

It is understood and agreed to that all documents including but not limited to written ordinances, resolutions, policies and procedures, employee rule s and merit system rules and regulations which relate to wages, hours, and other terms and conditions of employment which are presently in effect are made part of this MOU by reference. Those items set forth specifically in this MOU may be altered, change d, added to, deleted from or modified only through the voluntary, mutual consent of CEA and the City in a written and signed amendment to this Agreement.

CEA and the City agree that during the negotiations which resulted in this MOU, each party had an un limited right and opportunity to make demands and proposals 96 AGENDA ITEM NO. 9.
23 with respect to any subject or matter within the scope of representation . Therefore, during the term of this Agreement, neither the City or CEA shall be obligated to meet and confer on any matter:

1. Whether or not specifically referred to in this MOU;

2. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations;

3. Whether or not the matters were proposed and later withdrawn during negotiations.

Except That: The City may change a written policy affecting wages, hours, and other terms and conditions of employment, which are incorporated by reference in this MOU. The City shall notify CEA in writing of its intention to do so. If CEA does not respond within ten (10) calendar days from the date of mailing of such notification, the City shall assume CEA does not wish to meet and consult on the change in policy. In an emergency, the City retains the right to take such action immediately. CEA will be offered the opportunity to meet and consult as soon as practicable.

34. Past Practices

35. Designation of Confidential Employees

A. In order to implement the provisions of State law on the designation of confidential employees, the following rule shall be incorporated into the City’s Personnel Rules and Regulations:

In accordance with State law, the City Manager may designate as "confidential" those employees who are required to develop or present management positions with respect to employer -employee relations or whose dut ies normally require access to confidential information contributing significantly to the development of management positions. Such designation shall be at the discretion of the City Manager after consultation with the affected recognized employee organization, if any.

B. The City shall, as changes occur , provide to CEA a written list of unit positions designated as confidential.

Those unit positions designated as confidential will continue to be represented by this bargaining unit and may be members in and hold office in the bargaining unit.

However, pursuant to law, such designated positions may not represent the bargaining unit, which represents other employees of the City, on matters within the scope of representation.

97 AGENDA ITEM NO. 9.
24 36. Release Time

Authorized CEA representatives shall receive reasonable release time for the purposes of collective bargaining, the processing of grievances, joint problem -solving meetings between the City and CEA , and disciplinary representation. As soon as practicable prior to the release from duties, the designated representatives shall submit a written request for release to their supervisor(s).

37. Sole Agreement

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

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

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

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

38. Term of Memorandum of Understanding

This MOU shall remain in effect for the period of July 1, 2025, through June 30, 2028. The provisions of this MOU shall not, however, take effect until ratified by both the City Council of the City of Clovis and the general membership of the bargaining unit. The City and CEA acknowledge that all provisions of this agreement, together with those other matters within the scope of representation, are subject to renegotiating upon the expiration of this agreement to the extent provided by law.

CEA membership has ratified the contents of this MOU, by their affirmative vote, on or about May 5, 2025.

98 AGENDA ITEM NO. 9.
25 The City Council approved the provisions of this MOU on May 12, 2025.

For the CITY: For CEA:

______________________________ _________________________________ Andrew Haussler, City Manager Aaron La Mattina, CEA Negotiator

______________________________ _________________________________ Amy Hance, Lead City Negotiator Moniqua Randolph, CEA Negotiator

______________________________ ______________________________ Lori Shively, City Negotiator Perlita Castro, CEA Negotiator

______________________________
Kristen Freberg, City Negotiator

______________________________
Susan Evans, City Negotiator

______________________________
Jose Cortez, City Negotiator

______________________________
Kathy Newberry, City Negotiator

ATTEST: ______________________
Briana Parra, City Clerk

Date: _________________________

99 AGENDA ITEM NO. 9.
26 Side Letter Agreement between the City of Clovis and CEA to the 2025 – 2028 MOU Suspending CEA Member Vacation Time Contributions

During the term of the 2025 – 2028 MOU, additional CEA member vacation time contributions will be suspended

For the City of Clovis: For CEA:

_______________________________ _____________________________ Amy Hance, Lead City Negotiator Aaron La Mattina, CEA President

_______________________________ _____________________________ Lori Shively, City Negotiator Moniqua Randolph, CEA Negotiator

_______________________________ _____________________________ Kristen Freberg, City Negotiator Perlita Castro, CEA Negotiator

Attest: _____________________ Date:______________
Briana Parra, City Clerk

100
AGENDA ITEM NO. 9.
27 Side Letter Agreement between the City of Clovis and CEA to the 2025 – 2028 MOU Regarding Compaction

The City agrees to analyze compaction for the members of CEA after the conclusion of negotiations for the 2025- 2028 MOU, no later than September 30, 2025.

For the City of Clovis: For CEA:

_______________________________ _____________________________ Amy Hance, Lead City Negotiator Aaron La Mattina, CEA President

_______________________________ _____________________________ Lori Shively, City Negotiator Moniqua Randolph, CEA Negotiator

_______________________________ _____________________________ Kristen Freberg, City Negotiator Perlita Castro, CEA Negotiator

Attest: _____________________ Date:______________
Briana Parra, City Clerk

101
AGENDA ITEM NO. 9.

Unit 5CITY OF CLOVIS
CEA - Monthly Salary Schedule - Effective July 1, 2025
Revised 05/05/25
3% Wage Increase PLUS Equity Adjustment (7.00% Staff Analyst) Code Position Grade Step 1 Step 2 Step 3 Step 4 Step 5
5060 Administrative Assistant 490 5,936 6,233 6,545 6,872 7,216 5375 Custodian 90 4,005 4,205 4,415 4,636 4,868
5795 Principal Account Clerk 340 4,934 5,181 5,440 5,712 5,998 5805 Principal Office Assistant 340 4,934 5,181 5,440 5,712 5,998 5826 Recreation Leader 180 4,081 4,285 4,499 4,724 4,960 5830 Recreation Specialist 310 4,834 5,076 5,330 5,597 5,877 5840 Sr Center Nutrition Services Worker 180 4,081 4,285 4,499 4,724 4,960 5930 Senior Custodian 110 4,512 4,738 4,975 5,224 5,485 5860 Staff Analyst 200 6,021 6,322 6,638 6,970 7,319
\\clovis-201\City Pub\MATRIX\HRPY Current Matrices\HR CEA Matrices 5/5/2025 ATTACHMENT 2
102
AGENDA ITEM NO. 9.

Unit 5CITY OF CLOVIS
CEA - Monthly Salary Schedule - Effective July 1, 2025
Revised 05/05/25
3% Wage Increase PLUS Equity Adjustment (7.00% Staff Analyst) Code Position Grade Step 1 Step 2 Step 3 Step 4 Step 5
5060 Administrative Assistant 490 34.25 35.96 37.76 39.65 41.63 5375 Custodian 90 23.11 24.26 25.47 26.75 28.08
5795 Principal Account Clerk 340 28.47 29.89 31.38 32.95 34.60 5805 Principal Office Assistant 340 28.47 29.89 31.38 32.95 34.60 5826 Recreation Leader 180 23.54 24.72 25.96 27.25 28.62 5830 Recreation Specialist 310 27.89 29.28 30.75 32.29 33.91 5840 Sr Center Nutrition Services Worker 180 23.54 24.72 25.96 27.25 28.62 5930 Senior Custodian 110 26.03 27.33 28.70 30.14 31.64 5860 Staff Analyst 200 34.74 36.47 38.30 40.21 42.23
173.3333333 Monthly hours for 40 hour work week
\\clovis-201\City Pub\MATRIX\HRPY Current Matrices\HR CEA Matrices 5/5/2025 103 AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: May 12, 2025
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 25- 03 Peg Bos Plaza to Dave Christian Construction Co., Inc., in the amount of $129,715.50; and Authorize the City Manager to execute the contract on behalf of the City.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION

1. For the City Council to award a contract for CIP 25 -03 Peg Bos Plaza to Dave Christian Construction Company, Inc., in the amount of $129,715.50; and

2. For the City Council to authorize the City Manager to execute the contract on behalf of the City.

EXECUTIVE SUMMARY
Staff is recommending that City Council award the contract to Dave Christian Construction Company, Inc., who was the lowest responsible bidder from a bid opening that took place on April 29, 2025, and authorize the City Manager to execute the project contract on behalf of the City.

The scope of this project is to improve the existing site located on the northwest corner of Sunnyside Ave. and Third St. to honor former mayor Peg Bos, Clovis’ first female mayor. Among other things, the improvements consist of providing electrical power, incorporating lighting, modifying the existing irrigation system and landscape, incorporating a pedestrian path and installation of a flagpole.

BACKGROUND
The following is a summary of the bids received on April 29, 2025:

BIDDERS BASE BID

Dave Christian Construction $129,715.50
Walsh Montgomery Construction $132,242.00
Juarez Brothers General Engineering $155,005.10

ENGINEER’S ESTIMATE $87,075.00
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AGENDA ITEM NO. 10.

All bids were examined, and found to be in order, except for a few arithmetic and clerical errors that did not affect the order of the bid results. For this reason, Dave Christian Construction Company, Inc. , is the lowest responsible bidder. Staff has validated the lowest bidder contractor’s license status and bid bond.

FISCAL IMPACT
This project was budgeted in the 2024 -2025 Community Investment Program. The project is funded by the General Government Services Fund through the City Community Investment Program.

REASON FOR RECOMMENDATION
Dave Christian Construction Company, Inc., is the lowest responsible bidder. There are sufficient funds available for the anticipated cost of this project.

ACTIONS FOLLOWING APPROVAL

1. The contract will be prepared and executed, subject to the Contractor providing performance security that is satisfactory to the City.

2. Construction will begin approximately two (2) weeks after the contract execution and be completed in twenty (20) working days thereafter.

CONFLICT OF INTEREST
None.

Prepared by: Nate Stava, Project Engineer

Reviewed by: City Manager AH

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AGENDA ITEM NO. 10.

ATTACHMENT 1
0 1 20.5
Miles

CITY LIMITS SPHERE OF INFLUENCE
International
Shaw
Gettysburg
Copper
Dakota
Behymer
Perrin
Shepherd
Teague
Nees
Sierra
Bullard
Barstow
Ashlan
DockeryThompsonHighlandLeonardDeWolfLocanTemperanceArmstrongFowlerSunnysideClovisMinnewawaPeachWillow Shields
Alluvial
Herndon
McCall

VICINITY MAP
Nathaniel Stava
Print Date: February 27, 2024
CIP 25-03 PEG BOS PLAZA

PROJECT

LOCATION
Attachment 1
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AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: May 12, 2025
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 24- 02 Alluvial Avenue Street Improvements to Dave Christian Construction Company, Inc., for the amount of $795,342.75; and Authorize the City Manager to Execute the Contract on behalf of the City.

ATTACHMENTS: 1. Vicinity Map

RECOMMENDATION

1. For the City Council to award a contract for CIP 24-02 Alluvial Avenue Street Improvements to Dave Christian Construction Company, Inc., in the amount of $795,342.75; and

2. For the City Council to authorize the City Manager to execute the contract on behalf of the City.

EXECUTIVE SUMMARY
Staff is recommending that City Council award the contract to Dave Christian Construction Company, Inc., who was the low responsible bidder from a bid opening that took place on April 29, 2025, and authorize the City Manager to execute the project contract on behalf of the City.

This project involves ±0.5 miles of street improvements on Alluvial Avenue from Sunnyside Avenue to Fowler Avenue. Project improvements include removing and replacing existing A.C. pavement, replacement of curb returns, adjustments of utility boxes, manholes, and utility valve boxes to finished grade, replacements of traffic striping, markings and signage, traffic signal modification, and reinstallation of traffic loop detectors.

BACKGROUND
The following is a summary of the bids received on April 29, 2025:

BIDDERS BASE BID

Dave Christian Construction $795,342.75
MAC General Engineering $811,946.87
Emmett Valley Construction $875,843.00
Cal Valley Construction $884,749.00
Terra West Construction $910,821.00

ENGINEER’S ESTIMATE $848,694.00
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AGENDA ITEM NO. 11.

All bids were examined, and the bidder’s submittals were found to be in order and Dave Christian Construction Company, Inc., is the lowest responsible bidder. Staff has validated the lowest bidder contractor’s license status and bid bond.

FISCAL IMPACT
This project was budgeted in the 2024 -2025 Community Investment Program. The project is supported by Measure C Pass Through Funding through the City Community Investment Program.

REASON FOR RECOMMENDATION
Dave Christian Construction Company, Inc., is the lowest responsible bidder. There are sufficient funds available for the anticipated cost of this project.

ACTIONS FOLLOWING APPROVAL

1. The contract will be prepared and executed, subject to the Contractor providing performance security that is satisfactory to the City.

2. Construction will begin approximately two (2) weeks after the contract execution and be completed in thirty (30) working days thereafter.

CONFLICT OF INTEREST
None.

Prepared by: Jacob Redelfs, Project Engineer

Reviewed by: City Manager AH

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AGENDA ITEM NO. 11.

ATTACHMENT 1
0 1 20.5
Miles

VICINITY MAP
Jacob Redelfs
Print Date: April 30, 2025
CIP 24-02 Alluvial Avenue Street Improvements
Project Location
Attachment 1
109
AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: Administration
DATE: May 12, 2025
SUBJECT: Consider Approval – City of Clovis Youth Commission Revised Bylaws and Receive the Annual Report Update from the Youth Commission.

Staff: Chad McCollum, Economic Development, Housing and Communications Director / Briana Parra, City Clerk / Avereet Samra, Co- Chair / Alian Marriaga, Co-Chair
Recommendation: Approve

ATTACHMENTS: 1. Redline City of Clovis Youth Commission Bylaws

2. Revised City of Clovis Youth Commission Bylaws

RECOMMENDATION
For the City Council to approve the revised City of Clovis Youth Commission Bylaws, by which, future Youth Commissions will be organized and operated.

EXECUTIVE SUMMARY
The City of Clovis Youth Commission has reviewed and revised the Clovis Youth Commission Bylaws, by which future Youth Commissions will be organized and operated. This effort follows a year of service highlighted in their Annua l Report, which outlines key projects, community involvement, and initiatives focused on youth engagement and well-being.

BACKGROUND
The City of Clovis Youth Commission was established by unanimous decision of the Clovis City Council in October 2023 to engage youth voices in City affairs. The Commission was created to promote civic engagement among Clovis youth and to foster a sense of ownership and responsibility in shaping the City’s future.

Following their first year of service, the Youth Commission re cognized the need to revise their bylaws to more clearly define expectations, roles, and responsibilities. The original set of bylaws was developed and approved by the Commission in May 2024 and formally adopted by the City Council on July 1, 2024. As the year progressed and commissioners gained further insight, they identified areas for improvement and refinement. On April 30, 2025, during a special meeting, the commissioners reviewed and unanimously approved the revised bylaws, which reflect their experiences and vision for the future of the Commission. These updated bylaws are now 110
AGENDA ITEM NO. 12.
presented to the City Council for formal adoption, providing a stronger framework for the continued success and growth of the Clovis Youth Commission.

In addition to their work on the bylaws, the Clovis Youth Commission has made significant strides this year, actively contributing to projects that benefit youth in the community and strengthen civic engagement. A major initiative was the first-ever “Cowboy Cleanup Event,” where the Youth Commission partnered with the Clovis Rodeo to clean the Rodeo Grounds in preparation for April events. This successful project supported the Clovis community while providing valuable hands-on experience in environmental stewardship and event coordination.

The Youth Commissioners also toured City facilities to deepen their understanding of Clovis operations and government services. Throughout the yea r, they volunteered at several high - profile City events, including the Clovis Tree Lighting, Clovis Christmas Parade, Rodeo Parade, Hall of Fame Dinner, and MLK Breakfast. These opportunities allowed them to connect with the community and contribute meaningfully to civic life.

With a strong focus on youth mental health and peer connection, the Commission launched an Instagram account to better reach and engage local youth. Additionally, they formed a Mental Health and Hard Discussions Ad Hoc Committee, whi ch created a kindness initiative through rock painting and the sharing of uplifting messages. These efforts reflect the Commission’s commitment to supporting the emotional well-being of Clovis youth.

Through these projects and initiatives, the Clovis Yout h Commission has demonstrated leadership, creativity, and a strong sense of civic responsibility, making a tangible and lasting impact on the community.

FISCAL IMPACT
There are funds set in the 202 5-2026 budget to cover items associated with the Youth Commission.

REASON FOR RECOMMENDATION
Staff worked closely with the Youth Commissioners to ensure the Bylaws provide direction and parameters for future Commissioners, while remaining flexible enough to allow adjustments as needed.

ACTIONS FOLLOWING APPROVAL
Once approved, City of Clovis Youth Commission Bylaws will be used by staff and future Commissioners to recruit members, organize and run meetings, and execute the goals of the Clovis City Council and the Youth Commission.

CONFLICT OF INTEREST
None.

Prepared by: Briana Parra, City Clerk

Reviewed by: City Manager AH
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AGENDA ITEM NO. 12.

ATTACHMENT 1
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Clovis Youth Commission Bylaws
Working Redline – 04/30/202504/09/2025

Clovis Youth Commission Bylaws
Voted on unanimously and approved by the City of Clovis Youth Commission on May 8, 2024.

Establishment:

The City of Clovis Youth Commission was established by the Clovis City Council by unanimous decision in October of 2023 for the purpose of engaging youth voices in the City of Clovis. The City Council desires to promote civic engagement among the youth of Clovis and to foster a sense of ownership and responsibility in shaping the City’s future.

Duties and Responsibilities:

The City of Clovis Youth Commissioners will hold office October – AprilSeptember through May each year, with Commissioners being selected in the summer and fall leading into the new school year.

The City of Clovis Youth Commission will be responsible for the following:
 Meeting monthly to set and accomplish goals outline d by the Youth Commission, Clovis City Council, and City staff. Formal meetings may not be scheduled in December or May at the discretion of City staff.
 Represent Clovis Youth at designated city events and activities. o Tree Lighting – December
o Christmas Parade – December
o MLK Breakfast – February
o Rodeo Parade – April
o Mayor’s Breakfast - May
 Plan and execute a project benefiting the youth of City of Clovis.  Present to Clovis City Council annually.
 Ad Hoc C ommittees may be formed to focus on specific initiatives or events. Each Ad Hoc Committee will be chaired by a Youth Commissioner.

Membership:

To be eligible to apply for a seat on the Clovis Youth Commission, applicants must:
 Reside within the City of Clovis.
 Be in their Sophomore, Junior, or Senior year
o Commissioners in their Sophomore or Junior year may be reappointed for an additional term, up to a maximum of two or three consecutive years, provided they meet attendance and participation expectations.Commissioners can serve up to 3 years.  Apply, interview, and be selected by a panel consisting of City staff and Youth Commissioners  The City of Clovis Youth Commission will consist of up to 21 members.

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AGENDA ITEM NO. 12.

Application Process, terms:

Council approval will be required for new and reappointed Commissioners.

A vacancy left by a Commissioner unable to fulfill their duties may remain open until the following year . o However, a waitlist of qualified applicants will be created during the interview process.

Individuals from this waitlist may be appointed during a program year to fill any vacancies that arise, at the discretion of City staff.

A leave of absence can be requested to City staff due to circumstances outside the control of the Commissioner . City staff will make the final determination.

New Membership
 Applications will be accepted throughout the summer and close on a date determined by City staff.  The interview panel shall consist of City staff and reappointed Youth Commissioners who are entering their Senior Year .

Reappointments:
 Any current Youth Commissioner who wishes to continue serving in the next program year must submit a reappointment application by a date determined by City staff.  The reappointment application shall include a statement of intent, a review of the Commissioner’s participation, and any other relevant information.
 Attendance and participation will be considered during the reappointment process for returning Commissioners.
 Approved reappointments shall take effect immediately at the start of the new program year without requiring the Commissioner to reapply through the general application process.  Commissioners are expected to attend and actively participate in monthly meetings, events, and activities from September through May. Any Commissioner who misses more than half of these meetings, events, and activities within a program year may be subject to removal from their position and may not be considered for reappointment in the following year .  Any positions not filled through reappointment shall be opened to new applicants through the regular application process.

 Promotion of the Youth Commission application process will begin in May of each school year.  Applications will be accepted throughout the summer and close on a date determined by staff.  Two step interview process, with a panel consisting of staff and Commissioners going into their Senior Year.
 Council approval will be required.
 A vacancy left by a Commissioner unable to fulfill their duties will be left open until the following year .

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AGENDA ITEM NO. 12.
 A Commissioner who misses more than half of the monthly meetings and activities by December will be asked to forfeit their office.
 A leave of absence can be requested to staff due to circumstances outside the control of the Commissioner . Staff will make the final determination.

Leadership Roles:

While City staff will assist with logistics, the Youth Commission will take primary responsibility for the vision, planning, and implementation of Commission-led efforts.

At the end of each year, the Commission shall select two Co-Chairs from among its members to serve for the upcoming Youth Commission term. To be eligible for selection as a Co -Chair, a member must have served at least one year on the Commission. Co -Chairs shall be selected by a majority vote of the Commission. No member may serve more than two consecutive terms as Co-Chair .

At the start of each year, the Commission shall appoint a Secretary from among its members and designate an ex officio member to serve on the Measure Y Oversight Committee and the GPAC Committee. All members shall be eligible for nomination for these positions.

At the beginning of each school year, Co-Chairs will be selected to lead the Commission. Sophomores and Juniors will be eligible for nomination and all Commissioners will vote.

The Youth Commission will include the following leadership positions:

Co-Chair
The Co-Chair is responsible for setting the agenda, running the Youth Commission meetings, and ensuring a quorum is obtained prior to beginning official business. The Co -Chair will work closely with City staff to prepare for meetings and guide the Commission’s discussions and activities.

Secretary
The Secretary will conduct roll call at the start of each meeting, take meeting minutes, and prepare a summary of the meeting to be shared with all Commissioners by the following day. This ensures all members remain informed and engaged, even if they are unable to attend.

Ex Officio Member
The Ex Officio member will serve as a liaison to both the Measure Y Oversight Committee and the General Plan Advisory Committee (GPAC). While they will not be a voting member of the Youth Commission, they are responsible for attending those committee meetings and reporting back to the Commission at the next scheduled meeting.

Meetings:

Commission meetings are subject to the Brown Act.
 The Commission will meet once a month, the date and time to be determined by City staff. Formal meetings may not be scheduled in December or May at the discretion of City staff.

Commissioners may add items to the agenda by:

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AGENDA ITEM NO. 12.
 Send a request to the Co-Chairs and City staff, who will then bring it back to the Youth Commission for consideration and consensus by a majority vote.
 Raising the item during public comment and gaining the support of a majority consensus of the Youth Commission.

Annual Project:

The City of Clovis Youth Commission will select, plan, and carry out a project or series of projects benefiting the Youth of the City of Clovis. Projects may be assig ned by Youththe Youth Commission, City Council, or SCity staff. A Pprojects will have a significant impact on services, facilities, or programs benefiting Clovis Youth.

Annual Report to the City Council:

Youth Commission Co -Chairs or designated representatives will provide an annual presentation to the Clovis City Council.

Representatives from the Youth Commission will present to the Clovis City Council annually.

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AGENDA ITEM NO. 12.

CITY OF CLOVIS

YOUTH COMMISSION
Revised on April 30, 2025

YOUTH COMMISSION BYLAWS
Presented on
May 12, 2025
Clovis City Hall
Council Chambers
ATTACHMENT 2
116
AGENDA ITEM NO. 12.

Clovis Youth Commission Bylaws
Revised April 30, 2025

Clovis Youth Commission Bylaws
Voted on unanimously and approved by the City of Clovis Youth Commission on May 8, 2024.

Establishment:

Duties and Responsibilities:

The City of Clovis Youth Commission ers will hold oﬃce September through May each year, with Commissioners being selected in the summer leading into the new school year.

The City of Clovis Youth Commission will be responsible for the following:
• Meeting monthly to set and accomplish goals outline d by the Youth Commission, Clovis City Council, and City staﬀ. Formal meetings may not be scheduled in December or May at the discretion of City staﬀ.
• Represent Clovis Youth at designated city events and activities. o Tree Lighting – December
o Christmas Parade – December
o MLK Breakfast – February
o Rodeo Parade – April
o Mayor’s Breakfast - May
• Plan and execute a project beneﬁting the youth of City of Clovis. • Present to Clovis City Council annually.

Ad Hoc Committees may be formed to focus on speciﬁc initiatives or events. Each Ad Hoc Committee will be chaired by a Youth Commissioner.

Membership:

To be eligible to apply for a seat on the Clovis Youth Commission, applicants must:
• Reside within the City of Clovis.
• Be in their Sophomore, Junior, or Senior year
• Commissioners in their Sophomore or Junior year may be reappointed for an additional term, up to a maximum of two or three consecutive years, provided they meet attendance and participation expectations. Apply, interview, and be selected by a panel consisting of City staﬀ and Youth Commissioners
• The City of Clovis Youth Commission will consist of up to 21 members. 117
AGENDA ITEM NO. 12.

Application Process, terms:

Council approval will be required for new and reappointed Commissioners.

A vacancy left by a Commissioner unable to fulﬁll their duties may remain open until the following year. o However, a waitlist of qualiﬁed applicants will be created during the interview process.

Individuals from this waitlist may be appointed during a program year to ﬁll any vacancies that arise, at the discretion of City staﬀ.

A l e a v e o f a b s e n c e c a n b e r e q u e s t e d t o C i t y s t a ﬀ d u e t o c i r c u m s t a n c e s o u t s i d e t h e c o n t r o l o f t h e Commissioner. City staﬀ will make the ﬁnal determination.

New Membership
• Applications will be accepted throughout the summer and close on a date determined by City staﬀ. • The interview panel shall consist of City staﬀ and reappointed Youth Commissioners who are entering their Senior Year.

Reappointments:
• Any current Youth Commissioner who wishes to continue serving in the next program year must submit a reappointment application by a date determined by City staﬀ. • The reappointment application shall include a statement of intent, a review of the Commissioner’s participation, and any other relevant information.
• Attendance and participation will be considered during the reappointment process for returning Commissioners.
• Approved reappointments shall take eﬀect immediately at the start of the new program year without requiring the Commissioner to reapply through the general application process. • Commissioners are expected to attend and actively participate in monthly meetings, events, and activities from September through May. Any Commissioner who misses more than half of these meetings, events, and activities within a program year may be subject to removal from their position and may not be considered for reappointment in the following year. • Any positions not ﬁlled through reappointment shall be opened to new applicants through the regular application process.

Leadership Roles:

While City staﬀ will assist with logistics, the Youth Commission will take primary responsibility for the vision, planning, and implementation of Commission-led eﬀorts.

At the start of each year, the Commission shall appoint a Secretary from among its members and designate an ex oﬃcio member to serve on the Measure Y Oversight Committee and the General Plan Advisory Committee (GPAC) Committee. All members shall be eligible for nomination for these positions.

The Youth Commission will include the following leadership positions:

Co-Chair
The Co-Chair is responsible for setting the agenda, running the Youth Commission meetings, and ensuring a quorum is obtained prior to beginning oﬃcial business. The Co-Chair will work closely with City staﬀ to prepare for meetings and guide the Commission’s discussions and activities.

Ex Oﬃcio Member
The Ex Oﬃcio member will serve as a liaison to both the Measure Y Oversight Committee and the General Plan Advisory Committee (GPAC). While they will not be a voting member of the Youth Commission, they are responsible for attending those committee meetings and reporting back to the Commission at the next scheduled meeting.

Meetings:

Commission meetings are subject to the Brown Act.
• The Commission will meet once a month, the date and time to be determined by City staﬀ. Formal meetings may not be scheduled in December or May at the discretion of City staﬀ.

Commissioners may add items to the agenda by:
• Send a request to the Co-Chairs and City staﬀ, who will then bring it back to the Youth Commission for consideration and consensus by a majority vote.
• Raising the item during public comment and gaining the support of a majority consensus of the Youth Commission.

Annual Project:

The City of Clovis Youth Commission will select, plan, and carry out a project or series of projects beneﬁting the Youth of the City of Clovis. Projects may be assigned by the Youth Commission, City Council, or City staﬀ. Projects will have a signiﬁcant impact on services, facilities, or programs beneﬁting Clovis Youth.

Annual Report to the City Council:

Youth Commission Co -Chairs or designated representatives will provide an annual presentation to the Clovis City Council.

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AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: Administration
DATE: May 12, 2025
SUBJECT: Consider Approval – consider the following actions related to various legislation.

a. Consider providing a letter of Support for Senate Bill 496 (Hurtado) Advanced Clean Fleets Regulation: appeals advisory committee:
exemptions.
b. Consider providing a letter of Support for Senate Bill 554 (Jones) Law enforcement: immigration enforcement.
c. Consider providing a letter of Support for Senate Bill 329 (Blakespear) Alcohol and drug recovery or treatment facilities: investigations. d. Consider providing a letter of Support for Assembly Bill 492 (Valencia) Alcohol and drug programs: licensing.
e. Consider providing a letter of Support for Assembly Bill 424 (Davies) Alcohol and other drug programs: complaints.
f. Consider providing a letter of Opposition for Senate Bill 79 (Wiener) Planning and zoning: housing development: transit -oriented development.
g. Consider providing a letter of Opposition for Assembly Bill 942 (Calderon) Net energy metering: eligible customer-generators: tariffs. h. Consider providing a letter of Opposition for Assembly Bill 647 (Gonzalez) Housing Development Approvals: Residential Units.

Staff: Paul Armendariz, Interim Assistant City Manager
Recommendation: Approve

ATTACHMENTS: 1. Proposed Legislation - SB 496 (Hurtado)

2. Letter of Support for SB 496 (Hurtado)

3. Proposed Legislation - SB 554 (Jones)

4. Letter of Support for SB 554 (Jones)

5. Proposed Legislation - SB 329 (Blakespear)

6. Letter of Support for SB 329 (Blakespear)

7. Proposed Legislation - AB 492 (Valencia

8. Letter of Support for AB 492 (Valencia)
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AGENDA ITEM NO. 13.

9. Proposed Legislation - AB 424 (Davies)

10. Letter of Support for AB 424 (Davies)

11. Proposed Legislation - SB 79 (Wiener)

12. Letter of Opposition for SB 79 (Wiener)

13. Proposed Legislation – AB 942 (Calderon)

14. Letter of Opposition for AB 942 (Calderon)

15. Proposed Legislation – AB 647 (Gonzalez)

16. Letter of Opposition for AB 647 (Gonzalez)

RECOMMENDATION
Staff recommends that the City Council consider approving the following legislative positions and authorize the Mayor to sign and transmit letters of support or opposition as appropriate:

Support:

a. Senate Bill 496 (Hurtado) – Supports the establishment of an appeals advisory committee and exempts emergency vehicles under the Advanced Clean Fleets Regulation, which may provide flexibility for municipalities managing fleet transitions.

b. Senate Bill 554 (Jones) – Supports law enforcement's ability to cooperate with immigration authorities while ensuring compliance with state and local laws, enhancing public safety and accountability.

c. Senate Bill 329 (Blakespear) – Supports enhanced investigative procedures for alcohol and drug recovery or treatment facilities, promoting accountability and safety for residents.

d. Assembly Bill 492 (Valencia) – Supports improvements to the licensing process for alcohol and drug programs, encouraging higher standards and program quality.

e. Assembly Bill 424 (Davies) – Supports mechanisms for addressing complaints related to alcohol and other drug programs, providing greater transparency and responsiveness.

Oppose:

f. Senate Bill 79 (Wiener) – Opposes provisions that may undermine local planning authority by expanding state mandates for housing development near transit without sufficient local input.

g. Assembly Bill 942 (Calderon) - Opposes provisions that may hinder the growth of distributed solar energy by altering net energy metering tariffs in ways that could negatively impact residents, agriculture, and local sustainability efforts.

h. Assembly Bill 647 (Gonzalez) - Opposes provisions that override local housing plans by mandat ing high -density development without public input or environmental review, undermining community-driven planning and local control.

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AGENDA ITEM NO. 13.

EXECUTIVE SUMMARY
SB 496, as amended, Hurtado. Advanced Clean Fleets Regulation: appeals advisory committee:
exemptions.

The Advanced Clean Fleets Regulation authorizes entities subject to the regulation to apply for exemptions from its requirements under certain circumstances. This bill would require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory Committee for purposes of reviewing appeals of denied requests for exemptions from the requirements of the Advanced Clean Fleets Regulation.

This bill would exempt from the Advanced Clean Fleets Regulation , or any similar regulation , vehicles reasonably anticipated to respond to emergency situations, or that support those efforts.

The bill would prohibit the state board from requiring a state or local government fleet owner to provide documentation showing an executed zero -emissions vehicle purch ase agreement in order to count an internal combustion engine vehicle as a zero -emissions vehicle purchase for purposes of postponing a zero -emissions vehicle transition mandate in the Advanced Clean Fleets Regulation.

SB 554, as amended, Jones. Law enforcement: immigration enforcement.

Existing law, the California Values Act, generally prohibits California law enforcement agencies from investigating, interrogating, detaining, detecting, or arresting persons for immigration enforcement purposes, including providing information regarding a person’s release date or responding to requests for notification by providing release dates or other information, as specified. The existing law provides that local law enforcement agency responses to federal immigration enforcement requests for assistance are not required, but are permitted in various specified instances , provided that they do not violate any local law or policy. Existing law provides the above-described prohibition does not prevent a California law enforcement agency from performing certain limited exceptions to this prohibition that do not violate any policy of the law enforcement agency or any local law or policy of the jurisdiction in which the agency is operating. Existing law p rovides a law enforcement official with discretion to cooperate with immigration authorities only if doing so would not violate any federal, state, or local law, or local policy, and where permitted by the California Values Act.

This bill would provide th at local law enforcement agency responses to federal immigration requests relating to a person’s release date from jail would be permitted. The bill would also prohibit a local agency, as defined, from enacting an ordinance imposing additional restrictions and prohibitions on local law enforcement related to immigration enforcement than what state law restricts or prohibits. The bill would deem void an ordinance enacted by a local agency prior to January 1, 2026, that violates the above-described provisions. The bill would instead require a law enforcement official to cooperate with immigration authorities only if doing so would not violate any federal or state law or policy, and where permitted by the California Values Act. By imposing new duties on local agencies, this bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 122
AGENDA ITEM NO. 13.

SB 329, as amended, Blakespear and Umberg. Alcohol and drug recovery or treatment facilities:
investigations.

As summarized by the League of California Cities, SB 329 requires the California Department of Health Care Services (DHCS) to complete timely investigations into complaints about alcohol or drug treatment facilities. While existing law requires DHCS to investigate complaints against licensed alcohol and drug treatment facilities, it does not establish timelines for completing those investigations. SB 329 sets clear, reasonable deadlines—aligned with existing DHCS policy—to enhance public transparency and ensure providers are held accountable for delivering high - quality treatment and care.

AB 492, as introduced, Valencia. Alcohol and drug programs: licensing.

As summarized by the League of California Cities, AB 492 would require the Department of Health Care Services (DHCS) to notify cities anytime a new alcohol and drug treatment facility is approved in their jurisdiction.

AB 424, as amended, Davies. Alcohol and other drug programs: complaints.

As summarized by the League of California Cities, AB 424 would require DHCS to notify individuals at three key points : when their complaint is received when the investigation concludes, and the outcome of the investigation. Currently, DHCS does not automatically provide this information. Instead, complainants must file a Public Records Act (PRA) request, which can take months—sometimes over a year—to receive a response.

SB 79 , as amended, Wiener. Planning and zoning: housing development: transit -oriented development.

As summarized by the League of California Cities, this bill requires cities to ministerially approve higher-density residential projects — up to 7 stories — near public transit stops, regardless of zoning codes. SB 79 limits the use of local development standards and allows transit agencies full land-use authority over residential and commercial development on property they own or lease, without any requirement that developers build housing, let alone affordable housing.

AB 942, as amended, Calderon. Net energy metering: eligible customer-generators: tariffs.

Assembly Bill 942 proposes phasing out legacy Net Energy Metering (NEM) programs by requiring customer-generators who have participated in NEM 1.0 or 2.0 for 10 or more years to transition to a new tariff adopted after December 1, 2022, beginning July 1, 2026. The bill also requires new property owners who purchase homes with existing renewable energy systems to adopt the new tariff and disqualifies both groups from certain credits and incentives, such as the avoided cost calculator plus glide path and greenhouse gas allowance credits. The bill authorizes the Public Utilities Commission to adopt new tariffs for these customers if they reduce cost impacts on non -participating customers and includes provisions related to regulatory authority, emissions reduction programs, and potential local government impacts.

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AB 647, as amended, Gonzalez. Housing Development Approvals: Residential Units.

As summarized by the League of California Cities, AB 647 would empower developers to bulldoze nearly any home and replace it with eight new units. Once those units are constructed, Government Code Section 66323(a)(4) requires local jurisdictions to allow up to an additional eight ADUs on the same lot, bringing the total allowable units to sixteen, while simultaneously ignoring existing height limits, density requirements, and parking standards.

BACKGROUND
At the March 4, 2025 , City Council meeting, during Council comments, staff received direction from the Council to prepare an agenda item to consider sending a letter of support for Senate Bill 496 (Hurtado) and Senate Bill 554 (Jones). Staff met with Police Chief Fleming, who is also in support of submitting a letter of support for SB 554.

Additionally, the League of California Cities has recommended submitting letters of support for the following bills: Senate Bill 329 (Blakespear), Assembly Bill 492 (Valencia), and Assembly Bill 424 (Davies).

For Senate Bill 79 (Wiener) , Assembly Bill 942 (Calderon) , and Assembly Bill 647 (Gonzalez) the League of California Cities has recommended submitting a letter of opposition.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
The recommended positions on these bills are in the best interest of the City.

ACTIONS FOLLOWING APPROVAL
Staff will send letters with the Mayor’s signature.

CONFLICT OF INTEREST
None.

Prepared by: Paul Armendariz, Interim Assistant City Manager

Reviewed by: City Manager AH
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AMENDED IN SENATE APRIL 7, 2025
SENATE BILL No. 496
Introduced by Senator Hurtado
(Coauthors: Senators Archuleta and Niello)
(Coauthor: Assembly Member Alanis)
February 19, 2025
An act to add Article 6 (commencing with Section 43850) and Article

6.2 (commencing with Section 43860) to Chapter 4 of Part 5 of Division 26 of the Health and Safety Code, relating to air resources. legislative counsel’s digest
SB 496, as amended, Hurtado. Advanced Clean Fleets Regulation:
appeals advisory committee: exemptions.

Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible. The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from those sources.

Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and federal government fleets of medium- and heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. The Advanced 98 ATTACHMENT 1
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AGENDA ITEM NO. 13.

Clean Fleets Regulation authorizes entities subject to the regulation to apply for exemptions from its requirements under certain circumstances.

This bill w ould require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory Committee by an unspecified date for purposes of reviewing appeals of denied requests for exemptions from the requirements of the Advanced Clean Fleets Re gulation. The bill would require the committee to include representatives of specified governmental and nongovernmental entities. The bill would require the committee to meet monthly and would require recordings of its meetings to be made publicly available on the state board’s internet website. The bill w ould require the committee to consider , and mak e a recommendation on, an appeal of an exemption request denial no later than 60 days after the appeal is made. The bill would require specified information relating to the committee’ s consideration of an appeal to be made publicly a vailable on the state board’ s internet website. The bill would require the state board to consider a recommendation of the committee at a public meeting no later than 60 days after the recommendation is made.

This bill w ould e xpand the emer gency v ehicle e xemption under exempt fr om the Advanced Clean Fleets Re gulation or any similar regulation, as specified. The bill, with respect to requirements applicable to state and local go vernment fleets under the Advanced Clean Fleets Regulation, would modify the requirements of the daily usage exemption and regulation vehicles reasonably anticipated to respond to emergency situations, or that support those efforts. The bill would prohibit the state board from requiring the a state or local go vernment fleet o wner to provide documentation showing the an executed zero-emissions vehicle purchase agreement in order to qualify for a specified e xtension to comply with certain requirements of the re gulation. count an internal combustion engine vehicle as a zer o-emissions vehicle pur chase for purposes of postponing a zero-emissions vehicle transition mandate in the Advanced Clean Fleets Regulation.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Article 6 (commencing with Section 43850) is line 2 added to Chapter 4 of Part 5 of Division 26 of the Health and Safety line 3 Code, to read:
98 — 2 — SB 496

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line 1 Article 6. Advanced Clean Fleets Regulation Appeals Advisory line 2 Committee
line 3
line 4 43850. For purposes of this article, the follo wing definitions line 5 apply:
line 6 (a)  “Advanced Clean Fleets Re gulation” means Article 3.2 line 7 (commencing with Section 2013) of, Article 3.3 (commencing line 8 with Section 2014) of, Article 3.4 (commencing with Section 2015) line 9 of, and Article 3.5 (commencing with Section 2016) of, Chapter line 10 1 of Division 3 of Title 13 of the California Code of Regulations. line 11 (b)  “Committee” means the Advanced Clean Fleets Regulation line 12 Appeals Advisory Committee established pursuant to Section line 13 43851.
line 14 (c)  “Electrical corporation” has the same meaning as defined line 15 in Section 218 of the Public Utilities Code.
line 16 43851. (a)  (1)  On or before ____, the state board shall line 17 establish the Advanced Clean Fleets Regulation Appeals Advisory line 18 Committee.
line 19 (2)  The committee shall review appeals of denied requests for line 20 exemptions or time e xtensions from the requirements of the line 21 Advanced Clean Fleets Re gulation and mak e recommendations line 22 to the state board with respect to the denial of the e xemption or line 23 time extension request.
line 24 (b)  The committee shall be composed of all of the following:
line 25 (1)  One representative of the state board who is appointed by line 26 the state board.
line 27 (2)  One representative of the Public Utilities Commission who line 28 is appointed by the Public Utilities Commission. line 29 (3)  One representati ve of the State Ener gy Resources line 30 Conservation and Development Commission who is appointed by line 31 the State Ener gy Resources Conserv ation and De velopment line 32 Commission.
line 33 (4)  One representative of the Department of General Services line 34 who is appointed by the Director of General Services. line 35 (5)  One representative of the Department of Transportation who line 36 is appointed by the Director of Transportation. line 37 (6)  One representative of a transit agency who is appointed by line 38 the state board.
line 39 (7)  One representative of a regional transportation agency who line 40 is appointed by the state board.
98 SB 496 — 3 —

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AGENDA ITEM NO. 13.
line 1 (8)  (A)  No fewer than 13 and no more than 21 members selected line 2 by the state board from any of the following categories:
line 3 (i)  (I)  Private fleet owners.
line 4 (II)  No less than 25 percent of the members appointed pursuant line 5 to this paragraph shall be private fleet owners. line 6 (ii)  (I)  State and local government representatives with expertise line 7 relating to government fleets.
line 8 (II)  No less than 25 percent of the members appointed pursuant line 9 to this paragraph shall be public fleet managers. line 10 (iii)  Representatives of electrical corporations. line 11 (iv)  Electric vehicle manufacturing industry experts. line 12 (v)  Representatives of environmental and environmental justice line 13 groups.
line 14 (vi)  Representatives of labor groups.
line 15 (B)  Members appointed pursuant to this paragraph shall serv e line 16 on the committee for a minimum of one year and a maximum of line 17 three years.
line 18 43852. (a)  The committee shall meet monthly on an e venly line 19 spaced schedule.
line 20 (b)  (1)  Meetings of the committee shall be open to the public line 21 in accordance with the requirements of the Bagle y-Keene Open line 22 Meeting Act (Article 9 (commencing with Section 11120) of line 23 Chapter 1 of P art 1 of Di vision 3 of Title 2 of the Go vernment line 24 Code).
line 25 (2)  Meetings of the committee shall be recorded and the line 26 recording of each meeting shall be made publicly available on the line 27 state board’s internet website.
line 28 (3)  It is the intent of the Le gislature that members of the line 29 committee review materials relating to committee meetings and line 30 engage in constructive dialogue in all meetings. line 31 (c)  The representative of the state board shall be the nonvoting line 32 chair of the committee.
line 33 (d)  A quorum shall consist of a majority of the voting members line 34 appointed to the committee at the time of a meeting. Any action line 35 requires a majority v ote of the members present at a meeting at line 36 which there is a quorum.
line 37 43853. (a)  If the state board denies an application for an line 38 exemption or time extension from any requirement of the Advanced line 39 Clean Fleets Re gulation, the applicant may appeal the denial to line 40 the committee.
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line 1 (b)  No later than 60 days after the applicant appeals the denial line 2 of the exemption or time extension request to the committee, the line 3 committee shall consider the appeal at a meeting and mak e a line 4 recommendation to the state board re garding whether the line 5 exemption or time extension request should have been denied. line 6 (c)  The chair of the committee shall serve as the liaison between line 7 the committee and the state board, and shall report the actions and line 8 recommendations of the committee to the state board. line 9 (d)  For each appeal to the committee, all of the follo wing line 10 information shall be made publicly available on the state board’s line 11 internet website:
line 12 (1)  The applicant’s original request for an e xemption or time line 13 extension from an y requirement of the Advanced Clean Fleets line 14 Regulation and any accompanying information submitted by the line 15 applicant.
line 16 (2)  All materials of the state board relating to the denial of the line 17 exemption or time extension request.
line 18 (3)  The appeal and an y accompanying information submitted line 19 by the applicant.
line 20 (4)  The minutes of the meeting during which the appeal w as line 21 considered.
line 22 (e)  No later than 60 days after the committee mak es a line 23 recommendation pursuant to subdivision (b), the state board shall line 24 consider the recommendation at a public meeting of the state board. line 25 SEC. 2. Article 6.2 (commencing with Section 43860) is added line 26 to Chapter 4 of P art 5 of Di vision 26 of the Health and Safety line 27 Code, to read:
line 28
line 29 Article 6.2. Advanced Clean Fleets Regulation
line 30
line 31 43860. For purposes of this article, “ Advanced Clean Fleets line 32 Regulation” means Article 3.2 (commencing with Section 2013) line 33 of, Article 3.3 (commencing with Section 2014) of, Article 3.4 line 34 (commencing with Section 2015) of, and Article 3.5 (commencing line 35 with Section 2016) of, Chapter 1 of Di vision 3 of Title 13 of the line 36 California Code of Regulations.
line 37 43861. For purposes of the Advanced Clean Fleets Regulation, line 38 or a similar re gulation adopted by the state board, v ehicles line 39 reasonably anticipated to respond to emergency situations, or that line 40 support those ef forts, and v ehicles reasonably anticipated to be 98 SB 496 — 5 —

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line 1 used by disaster services workers, as described in Section 3100 of line 2 the Government Code, for purposes of responding to the disaster line 3 for which they have been activated, are exempt to the same extent line 4 as authorized emergency vehicles as defined in Section 165 of the line 5 Vehicle Code.
line 6 43862. For purposes of the extension authorized in paragraph line 7 (3) of subdi vision (n) of Section 2013, and subdi vision (c) of line 8 Section 2013.1, of Title 13 of the California Code of Regulations, line 9 the state board shall not require a fleet o wner to submit line 10 documentation sho wing the e xecuted zero-emissions v ehicle line 11 purchase agreement in order to qualify for that extension. line 12 43863. (a)  The state board shall not administer the daily usage line 13 exemption established pursuant to subdivision (b) of Section 2013.1 line 14 of Title 13 of the California Code of Re gulations in accordance line 15 with the criteria set forth in that subdi vision. Instead, the state line 16 board shall administer the daily usage e xemption established line 17 pursuant to that subdi vision in accordance with the criteria set line 18 forth in subdivision (b).
line 19 (b)  Fleet o wners may request an e xemption as specified in line 20 paragraph (2) of subdivision (n) of Section 2013 of Title 13 of the line 21 California Code of Re gulations to purchase a ne w internal line 22 combustion engine (ICE) vehicle of the same configuration as an line 23 ICE v ehicle being replaced as specified in paragraph (1) of line 24 subdivision (b) of Section 2013.1 of Title 13 of the California Code line 25 of Regulations if no new battery-electric vehicle (BEV) is available line 26 to purchase that can meet the demonstrated daily usage needs of line 27 any existing vehicles of the same configuration in the fleet, as line 28 determined by the criteria specified in paragraphs (2) to (5), line 29 inclusive, of subdivision (b) of Section 2013.1 of Title 13 of the line 30 California Code of Re gulations. If appro ved, fleet o wners shall line 31 place their new ICE vehicle orders within one year from the date line 32 the exemption is granted. The executive officer of the state board line 33 shall not approve exemption requests for a v ehicle configuration line 34 that is available to purchase as a near-zero-emissions vehicle. The line 35 fleet owner shall submit the follo wing information by email to line 36 [email protected] to apply:
line 37 (1)  The mak e, model, weight class, configuration, and a line 38 photograph of the ICE vehicle to be replaced.
line 39 (2)  The BEV that is a vailable to purchase in the same weight line 40 class and configuration with the highest rated ener gy capacity 98 — 6 — SB 496

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line 1 available. The fleet owner shall submit the mak e, model, weight line 2 class, configuration, and rated ener gy capacity of the identified line 3 BEV.
line 4 (3)  (A)  The BEV manufacturer’s available full state of charge line 5 minimum and maximum range specifications in ideal and line 6 less-than-ideal conditions, including when operated in ambient line 7 temperatures below 45 and above 90 degrees Fahrenheit and when line 8 operated under maximum towing capacity loads and climbing road line 9 grades with a minimum 5-percent grade for four miles. If this line 10 information is not a vailable from the BEV manuf acturer, a line 11 20-percent reduction in maximum range shall be used for a range line 12 comparison to an ICE v ehicle’s range data. F or v ehicles that line 13 operate truck-mounted or integrated equipment while stationary, line 14 in lieu of supplying the BEV manufacturer’s range specifications line 15 based on vehicle miles traveled, the needed rated energy capacity line 16 is the same as the measured BEV ener gy use specified in line 17 subparagraph (B). The fleet owner shall submit the calculation and line 18 results.
line 19 (B)  In lieu of pro viding BEV manuf acturer minimum and line 20 maximum range specifications as specified in subparagraph (A), line 21 fleet owners may instead submit measured fuel burn rate data from line 22 ICE vehicles of the same configuration already operated on similar line 23 daily assignments to substantiate their e xemption request. line 24 Information shall include v ehicle loading and weight data, route line 25 grade, lo w and high ambient temperatures, and v ehicle miles line 26 traveled per day, for three consecutive business days. For vehicles line 27 that operate truck-mounted or inte grated equipment while line 28 stationary, the fuel burn rate data shall also include fuel used while line 29 stationary truck-mounted or integrated equipment is operated each line 30 day.
line 31 (4)  A description of the daily assignments or routes used by line 32 existing vehicle configurations with an explanation as to why no line 33 new BEVs a vailable to purchase of the same weight class and line 34 configuration can be char ged or refueled during the w orkday at line 35 the depot, within one mile of the routes, or where ZEV fueling line 36 infrastructure is a vailable. The e xplanation shall include a line 37 description of why charging could not be managed during dri ver line 38 rest periods or breaks during the workday.
line 39 (5)  In granting or denying the exemption request, the executive line 40 officer of the state board shall rely on the information submitted 98 SB 496 — 7 —

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line 1 by the applicant and use their good engineering judgment to line 2 determine whether the information meets the criteria specified in line 3 this subdivision. The executive officer shall include information line 4 regarding their years of related v ehicle engineering e xperience, line 5 certifications, and any professional engineering licenses they have line 6 with a denied exemption request.

O
98 — 8 — SB 496

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AGENDA ITEM NO. 13.

ATTACHMENT 2

May 13, 2025

The Honorable Melissa Hurtado
California State Senate
1021 O Street, Suite 6510
Sacramento, California 95814

RE: Letter of Support – Senate Bill 496 (Hurtado): Advanced Clean Fleets

Dear Senator Hurtado,

The City of Clovis is pleased to support your Senate Bill 496, related to the Advanced Clean Fleets mandates. The City of Clovis provides several essential municipal services, such as public safety including Police and Fire emergency services, sanitation, water supply, and public transportation.

Local agencies like ours continue to do our part in achieving the State’s climate and emissions goals. SB 496 will enable us to better meet this challenge and effectively navigate the current Advanced Clean Fleets (ACF) mandates an d their associated ambitious compliance deadlines. Of critical concern to our community, the ACF mandates on local agencies are creating unnecessary challenges in complying while maintaining the many critical services Californians rely upon for their most essential daily needs as well as during emergencies and disasters.

SB 496 will provide some relief to local agencies by establishing an Appeals Advisory Committee by which local agencies may request a review of exemption request denials.

This ensures transparency while protecting due process for those seeking further review.

Additionally, SB 496 would update the emergency vehicle exemption, allowing those vehicles that respond to and support critical operations related to emergencies and disasters, often under austere conditions, to continue to protect our communities.

SB 496 also promotes affordability amid rapidly rising cost pressures on essential local services by averting the costly acquisition of ZEVs before it is possible to install the infrastructure required to use them.
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AGENDA ITEM NO. 13.

City Hall Administration • 1033 Fifth Street, Clovis, CA 93612 • 559.324.2010 • TTY -711 www.cityofclovis.com

These improvements to the ACF will protect the health and safety of Californians, avoid unnecessary costs detrimental to our shared long -term goals, and ensure that local agencies can continue to work diligently to decarbonize their fleet operations and comply with the ACF without being penalized for factors beyond their control. For these reasons City of Clovis is pleased to support your Senate Bill 496. Please feel free to contact us with any questions.

Sincerely,

Vong Mouanoutoua
Mayor, City of Clovis
cc. League of California Cities, [email protected] Rajveer Rakkar, Regional Public Affairs Manager, [email protected]

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AGENDA ITEM NO. 13.

AMENDED IN SENATE APRIL 21, 2025
AMENDED IN SENATE MARCH 24, 2025

SENATE BILL
Introduced by Senator Jones
No. 554
(Coauthors: Senators Alvarado-Gil, Choi, Dahle, Grove, Niello, Ochoa Bogh, Seyarto, and Valladares)
February 20, 2025
An act to amend Sections 7282.5 and 7284.6 of, Md to add Seetion 7284.7 to, of the Government Code, relating to law enforcement.

LEGISLATIVE COUNSEL'S DIGEST
SB 554, as amended, Jones. Law enforcement: immigration enforcement.

Existing law, the California Values Act, generally prohibits California law enforcement agencies from investigating, interrogating, detaining, detecting, or arresting persons for immigration enforcement purposes, including providing information regarding a person's release date or responding to requests for notification by providing release dates or other information, as specified. Existing law provides that responses are never required, but are permitted, provided that they do not violate any local law or policy. Existing law provides the above-described prohibition does not prevent a California law enforcement agency from performing certain limited exceptions to this prohibition that do not violate any policy of the law enforcement agency or any local law or policy of the jurisdiction in which the agency is operating. Existing law provides a law enforcement official with discretion to cooperate with immigration authorities only if doing so would not violate any federal, state, or local law, or local policy, and where permitted by the California Values Act.
97 Attachment 3 135
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SB554 -2-
This bill would instead provide that responses relating to a person's release date, as described above, are permitted. required. The bill would instead require a California law enforcement agency to perform certain limited exceptions to the prohibition, as specified. The bill ·.,vettld pfflhibit a leeal a-gency, as defi:fted, ffem eftaetiftg aft efdiflaftee that woold impese any additieftal pfflhibitiefts ether than these deseribed abeve eft Califomia law eftforeemeftt agefteies related te immigratieft enfureemeftt. The bill weuld deem veid aft erdiftaftee eftaeted by a leeal a-gency prier te Jaftttffl'Y 1, 2026, that vielates the aber-1e deseribed prtWisiefts. The bill would instead require a law enforcement official to cooperate with immigration authorities only if doing so would not violate any federal or state law or policy, and where permitted by the California Values Act. By imposing new duties on local agencies, this bill would impose a state-mandated local program.

The bill wettld include Hftdiftgs that ehanges prnpesed by this bill address a matter ef statewide eefteem rather thaft a mumeipal affair aftd, therefore, apply te all eities, ifteludiftg eharter eities.

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

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
1 SECTION 1. Section 7282.5 of the Government Code is
2 amended to read:
3 7282.5. (a) A law enforcement official shall cooperate with 4 immigration authorities only if doing so would not violate any 5 federal or state law or policy, and where permitted by the California 6 Values Act (Chapter 17.25 (commencing with Section 7284)). 7 Additionally, the specific activities described in subparagraph (C) 8 of paragraph (1) of subdivision (a) of, and in paragraph (4) of 9 subdivision (a) of, Section 7284.6 shall only occur under the 10 following circumstances:
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-3- SB554
1 (1) The individual has been convicted of a serious or violent 2 felony identified in subdivision (c) of Section 1192.7 of, or 3 subdivision ( c) of Section 667 .5 of, the Penal Code. 4 (2) The individual has been convicted of a felony punishable 5 by imprisonment in the state prison.
6 (3) The individual has been convicted within the past five years 7 of a misdemeanor for a crime that is punishable as either a 8 misdemeanor or a felony for, or has been convicted within the last 9 15 years of a felony for, any of the following offenses:
10 (A) Assault, as specified in, but not limited to, Sections 217 .1, 11 220,240,241.1, 241.4, 241.7, 244,244.5, 245,245.2, 245.3, 245.5, 12 4500, and 4501 of the Penal Code.
13 (B) Battery, as specified in, but not limited to, Sections 242, 14 243.1, 243.3, 243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and 15 4501.5 of the Penal Code.
16 (C) Use of threats, as specified in, but not limited to, Sections 17 71, 76, 139, 140,422,601, and 11418.5 of the Penal Code. 18 (D) Sexual abuse, sexual exploitation, or crimes endangering 19 children, as specified in, but not limited to, Sections 266, 266a, 20 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 288, 21 288.5, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal 22 Code.
23 (E) Child abuse or endangerment, as specified in, but not limited 24 to, Sections 270, 271, 271 a, 273a, 273ab, 273d, 273 .4, and 278 of 25 the Penal Code.
26 27
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40 (F) Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified in, but not limited to, Sections 211, 215, 459, 463, 470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal Code.
(G) Driving under the influence of alcohol or drugs, but only for a conviction that is a felony.
(H) Obstruction of justice, as specified in, but not limited to, Sections 69, 95, 95.1, 136.1, and 148.10 of the Penal Code. (I) Bribery, as specified in, but not limited to, Sections 67, 67.5, 68, 74, 85, 86, 92, 93, 137, 138, and 165 of the Penal Code. (J) Escape, as specified in, but not limited to, Sections 107, 109, 110, 4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal Code.
(K) Unlawful possession or use of a weapon, firearm, explosive device, or weapon of mass destruction, as specified in, but not 97 137
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SB554 -4-
1 limited to, Sections 171b, 171c, 171d, 246,246.3, 247,417,417.3, 2 417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2, 3 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 18745, 18750, 4 and 18755 of, and subdivisions (c) and (d) of Section 26100 of, 5 the Penal Code.
6 (L) Possession of an unlawful deadly weapon, under the Deadly 7 Weapons Recodi:fication Act of 2010 (Part 6 (commencing with 8 Section 16000) of the Penal Code).
9 (M) An offense involving the felony possession, sale, 10 distribution, manufacture, or trafficking of controlled substances. 11 (N) Vandalism with prior convictions, as specified in, but not 12 limited to, Section 594.7 of the Penal Code.
13 (0) Gang-related offenses, as specified in, but not limited to, 14 Sections 186.22, 186.26, and 186.28 of the Penal Code. 15 (P) An attempt, as defined in Section 664 of, or a conspiracy, 16 as defined in Section 182 of, the Penal Code, to commit an offense 1 7 specified in this section.
18 (Q) A crime resulting in death, or involving the personal 19 infliction of great bodily injury, as specified in, but not limited to, 20 subdivision (d) of Section 245.6 of, and Sections 187, 191.5, 192, 21 192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code. 22 (R) Possession or use of a :firearm in the commission of an 23 offense.
24 (S) An offense that would require the individual to register as 25 a sex offender pursuant to Section 290,290.002, or 290.006 of the 26 Penal Code.
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39 (T) False imprisonment, slavery, and human trafficking, as specified in, but not limited to, Sections 181, 210.5, 236, 236.1, and 4503 of the Penal Code.
(U) Criminal profiteering and money laundering, as specified in, but not limited to, Sections 186.2, 186.9, and 186.10 of the Penal Code.
(V) Torture and mayhem, as specified in, but not limited to, Section 203 of the Penal Code.
(W) A crime threatening the public safety, as specified in, but not limited to, Sections 219,219.1, 219.2, 247.5, 404,404.6, 405a, 451, and 11413 of the Penal Code.
(X) Elder and dependent adult abuse, as specified in, but not limited to, Section 368 of the Penal Code.
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1 (Y) A hate crime, as specified in, but not limited to, Section 2 422.55 of the Penal Code.
3 (Z) Stalking, as specified in, but not limited to, Section 646.9 4 of the Penal Code.
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(AA) Soliciting the commission of a crime, as specified in, but not limited to, subdivision ( c) of Section 286 of, and Sections 653j and 653.23 of, the Penal Code.
(AB) An offense committed while on bail or released on their own recognizance, as specified in, but not limited to, Section 12022.1 of the Penal Code.
(AC) Rape, sodomy, oral copulation, or sexual penetration, as specified in, but not limited to, paragraphs (2) and (6) of subdivision (a) of Section 261 of, paragraphs (1) and (4) of subdivision (a) of Section 262 of, Section 264.1 of, subdivisions ( c) and ( d) of Section 286 of, subdivisions ( c) and ( d) of Section 287 or of former Section 288a of, and subdivisions (a) and G) of Section 289 of, the Penal Code.
(AD) Kidnapping, as specified in, but not limited to, Sections 207,209, and 209.5 of the Penal Code.
(AE) A violation of subdivision (c) of Section 20001 of the Vehicle Code.
( 4) The individual is a current registrant on the California Sex and Arson Registry.
( 5) The individual has been convicted of a federal crime that meets the definition of an aggravated felony as set forth in subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection (a) of Section 101 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), or is identified by the United States Department of Homeland Security's Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant.
( 6) In no case shall cooperation occur pursuant to this section for individuals arrested, detained, or convicted of misdemeanors that were previously felonies, or were previously crimes punishable as either misdemeanors or felonies, prior to passage of the Safe Neighborhoods and Schools Act ef2014 as it amended the Penal Code.
(b) In cases in which the individual is arrested and taken before a magistrate on a charge involving a serious or violent felony, as identified in subdivision ( c) of Section 1192. 7 or subdivision ( c) 97 139
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1 of Section 667 .5 of the Penal Code, respectively, or a felony that 2 is punishable by imprisonment in state prison, and the magistrate 3 makes a finding of probable cause as to that charge pursuant to 4 Section 872 of the Penal Code, a law enforcement official shall 5 cooperate with immigration officials pursuant to subparagraph (C) 6 of paragraph (1) of subdivision (a) of Section 7284.6. 7 SEC. 2. Section 7284.6 of the Government Code is amended 8 9
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to read:
7284.6. (a) California law enforcement agencies shall not:
(1) Use agency or department moneys or personnel to
investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including any of the following:
(A) Inquiring into an individual's immigration status.
(B) Detaining an individual on the basis of a hold request. (C) Providing information regarding a person's release date or responding to requests for notification by providing release dates or other information unless that information is available to the public, or is in response to a notification request from immigration authorities in accordance with Section 7282.5. Responses are permitted required under this subdivision.
(D) Providing personal information, as defined in Section 1798.3 of the Civil Code, about an individual, including, but not limited to, the individual's home address or work address unless that information is available to the public.
(E) Making or intentionally participating in arrests based on civil immigration warrants.
(F) Assisting immigration authorities in the activities described in Section 1357(a)(3) of Title 8 of the United States Code. (G) Performing the functions of an immigration officer, whether pursuant to Section 1357(g) of Title 8 of the United States Code or any other law, regulation, or policy, whether formal or informal. (2) Place peace officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or special federal deputies for purposes of immigration enforcement.

All peace officers remain subject to California law governing conduct of peace officers and the policies of the employing agency. (3) Use immigration authorities as interpreters for law enforcement matters relating to individuals in agency or department custody.
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1 (4) Transfer an individual to immigration authorities unless 2 authorized by a judicial warrant or judicial probable cause 3 determination, or in accordance with Section 7282.5.
4 ( 5) Provide office space exclusively dedicated for immigration 5 authorities for use within a city or county law enforcement facility. 6 ( 6) Contract with the federal government for use of California 7 law enforcement agency facilities to house individuals as federal 8 detainees for purposes of civil immigration custody, except 9 pursuant to Chapter 17 .8 ( commencing with Section 7310). 10 (b) Notwithstanding the limitations in subdivision (a), a 11 California law enforcement agency shall perform all of the 12 following:
13 (1) Investigating, enforcing, or detaining upon reasonable 14 suspicion of, or arresting for a violation of, Section 1326(a) of 15 Title 8 of the United States Code that may be subject to the 16 enhancement specified in Section 1326(b)(2) of Title 8 of the 1 7 United States Code and that is detected during an unrelated law 18 enforcement activity. Transfers to immigration authorities are 19 permitted under this subsection only in accordance with paragraph 20 (4) of subdivision (a).
21 (2) Responding to a request from immigration authorities for 22 information about a specific person's criminal history, including 23 previous criminal arrests, convictions, or similar criminal history 24 information accessed through the California Law Enforcement 25 Telecommunications System (CLETS), where otherwise permitted 26 by state law.
27 (3) Conducting enforcement or investigative duties associated 28 with a joint law enforcement task force, including the sharing of 29 confidential information with other law enforcement agencies for 30 purposes of task force investigations, so long as the following 31 conditions are met:
32 (A) The primary purpose of the joint law enforcement task force 33 is not immigration enforcement, as defined in subdivision (f) of 34 Section 7284.4.
35 (B) The enforcement or investigative duties are primarily related 36 to a violation of state or federal law unrelated to immigration 3 7 enforcement.
38 (4) Making inquiries into information necessary to certify an 39 individual who has been identified as a potential crime or 40 trafficking victim for a T or U Visa pursuant to Section 97 141
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SB554 -8-
1 1101(a)(15)(T) or 1101(a)(15)(U) of Title 8 of the United States 2 Code or to comply with Section 922( d)( 5) of Title 18 of the United 3 States Code.
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40 ( 5) Giving immigration authorities access to interview an individual in agency or department custody. All interview access shall comply with requirements of the TRUTH Act (Chapter 17 .2 (commencing with Section 7283)).
( c) ( 1) If a California law enforcement agency chooses to participate in a joint law enforcement task force, for which a California law enforcement agency has agreed to dedicate personnel or resources on an ongoing basis, it shall submit a report annually to the Department of Justice, as specified by the Attorney General. The law enforcement agency shall report the following information, if known, for each task force of which it is a member:
(A) The purpose of the task force.
(B) The federal, state, and local law enforcement agencies involved.
( C) The total number of arrests made during the reporting period. (D) The number of people arrested for immigration enforcement purposes.
(2) All law enforcement agencies shall report annually to the Department of Justice, in a manner specified by the Attorney General, the number of transfers pursuant to paragraph (4) of subdivision (a), and the offense that allowed for the transfer pursuant to paragraph ( 4) of subdivision (a).
(3) All records described in this subdivision shall be public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000)), including the
exemptions provided by that act and, as permitted under that act, personal identifying information may be redacted prior to public disclosure. To the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation or a related investigation, that information shall not be disclosed.
( 4) If more than one California law enforcement agency is participating in a joint task force that meets the reporting requirement pursuant to this section, the joint task force shall designate a local or state agency responsible for completing the reporting requirement.
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1 (d) The Attorney General, by March 1, 2019, and annually 2 thereafter, shall report on the total number of arrests made by joint 3 law enforcement task forces, and the total number of arrests made 4 for the purpose of immigration enforcement by all task force 5 participants, including federal law enforcement agencies. To the 6 extent that disclosure of a particular item of information would 7 endanger the safety of a person involved in an investigation, or 8 would endanger the successful completion of the investigation or 9 a related investigation, that information shall not be included in 10 the Attorney General's report. The Attorney General shall post the 11 reports required by this subdivision on the Attorney General's 12 internet website.
13 ( e) This section does not prohibit or restrict any government 14 entity or official from sending to, or receiving from, federal 15 immigration authorities, information regarding the citizenship or 16 immigration status, lawful or unlawful, of an individual, or from 1 7 requesting from federal immigration authorities immigration status 18 information, lawful or unlawful, of any individual, or maintaining 19 or exchanging that information with any other federal, state, or 20 local government entity, pursuant to Sections 1373 and 1644 of 21 Title 8 of the United States Code.
22 (f) Nothing in this section shall prohibit a California law 23 enforcement agency from asserting its own jurisdiction over 24 criminal law enforcement matters.
25 SEC. 3. Seetion 7284.7 is added to the Govemment Code, to 26 read;
27 7284.7. (a) A loeal a-geney shall not enaet an ordinartee that 28 'vV0ttld impose any additional prohibitions other than those in this 29 ehapter on California law enforeement ageneies related to 30 immigration enforeement.
31 (b) An ordinanee enaeted by a loeal a-geney prior to January 1, 32 2026, that violates this seetion shall be deemed void. 33 (e) For purposes of this seetion, "loeal a-geney" has the same 34 meaning as defined in Seetion 54951.
35 SEC. 4. The Legislature finds and deelares that Seetions 1, 2, 36 and 3 of this aet amendiftg Seetions 7282.5 and 7284.6 of, and 37 addiftg Seetion 7284.7 to, the Go't1emment Code address a matter 3 8 of statev.ride eoneem rather than a munieipal affair as that term is 39 1:1:sed in Seetion 5 of Artiele XI of the California Constittttion. 97 143
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1 Therefore, Seetions 1, 2, ttnd 3 of this ttet ttpply to ttH eities, 2 inel:ttding ehttrter eities.
3 SEC. 5.
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8 SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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ATTACHMENT 4

May 13, 2025

The Honorable Brian W. Jones
California State Senate
1021 0 Street, Suite 7640
Sacramento, CA 95814

RE: Letter of Support – SB 554 (Jones) Law Enforcement: immigration enforcement

Dear Senator Jones,

The City of Clovis is pleased to support SB 554 (Jones) , which aims to enhance cooperation between state and federal law enforcement regarding illegal immigration enforcement. The City of Clovis believes this legislation is crucial for ensuring the safety and security of our communities.

The arguments supporting SB 554 are undeniably compelling, directly addressing critical public safety concerns. The primary strength of this bill lies in its ability to prioritize public safety by facilitating the removal of serious criminals from our communities, regardless of immigration status. By focusing on individuals convicted of specific, severe offenses, SB 554 empowers law enforcement to effectively address tho se who pose a direct threat.

Moreover, the bill's emphasis on improved information sharing between local and federal authorities, including the sharing of release date information, will enable more efficient tracking and apprehension of dangerous individua ls, preventing their reintroduction into our neighborhoods. This proactive approach is essential for significantly reducing the potential for reoffending and ensuring the safety of our citizens.

Furthermore, SB 554 provides much -needed clarity and consi stency for local law enforcement agencies. By establishing a statewide standard, the bill eliminates the current confusion and ambiguity s urrounding illegal immigration enforcement responsibilities. This uniformity is crucial for ensuring that all communities across the state adhere to the same standards, allowing law enforcement agencies to operate effectively without the burden of conflicting local ordinances. This clarity will also serve to mitigate 145
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potential legal liability for these agencies, providing them with a clear framework for action.

Additionally, by restricting local jurisdictions from enacting further limitations on cooperation with U.S. Immigration and Customs Enforcement, SB 554 upholds state law and ensures that statewide policies are not undermined. This is of paramount importance for maintaining a consistent and effective approach to public safety across California. A fragmented approach, where local ordinance contradict state law, undermines the vary purpose of statewide policy.

Finally, the specific provisions within SB 554 are essential for protecting public safety and improving communication between agencies. The mandated cooperation in specific cases, combined with the clarification of release date sharing permissibility, are vital tools that will enable law enforcement to effectively address threats to our communities. These targeted provisions are not arbitrary, but rather carefully crafted to enhance the efficacy of law enforcement in safeguarding our state.

Sincerely,

Vong Mouanoutoua
Mayor, City of Clovis
cc. League of California Cities, [email protected] Rajveer Rakkar, Regional Public Affairs Manager, [email protected]

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AMENDED IN SENATE MARCH 28, 2025
SENATE BILL No. 329
Introduced by Senator Blakespear Senators Blakespear and Umberg (Coauthor: Senator Umberg)
(Coauthors: Assembly Members Davies and Dixon)
February 11, 2025
An act to add Section 11834.11 to the Health and Safety Code, relating to alcohol and drug programs.
legislative counsel’s digest
SB 329, as amended, Blakespear. Alcohol and drug recovery or treatment facilities: investigations.

Existing law provides for the licensure and regulation of alcohol or other drug recovery or treatment facilities by the State Department of Health Care Services. Existing law prohibits operating an alcohol or other drug recovery or treatment facility to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license. If a facility is alleged to be providing those services without a license, existing law requires the department to conduct a site visit to investigate the allegation. Existing law also authorizes the department to conduct announced or unannounced site visits to licensed facilities for the purpose of reviewing them for compliance, as specified.

This bill would require the department to assign a complaint under
its jurisdiction regarding an alcohol or other drug recovery or treatment facility to an analyst for investigation within 10 days of receiving the complaint.

If the department receives a complaint that does not fall under its jurisdiction, the bill would require the department to notify the complainant, in writing, that it does not investigate that type of complaint.

The bill would require the department to complete an
98 ATTACHMENT 5
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investigation into a complaint re garding a f acility within 60 days of receiving the complaint. assigning the complaint unless the department requires additional resources, as specified, to complete the investigation.

If the department is not able to complete an in vestigation within 60 days, the bill would require the department to notify the complainant, in writing, of the reason for the delay.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11834.11 is added to the Health and line 2 Safety Code, to read:
line 3 11834.11. The department shall complete conduct an line 4 investigation into a complaint regarding an alcohol or other drug line 5 recovery or treatment f acility in accordance with both of the line 6 following requirements: following:
line 7 (a)  The (1)  If the department determines that it has jurisdiction line 8 over a complaint, the department shall assign a complaint to an line 9 analyst for investigation within 10 days of receiving the complaint. line 10 (2)  If the department r eceives a complaint that does not fall line 11 under its jurisdiction, the department shall notify the complainant line 12 in writing, including thr ough electronic means, that it does not line 13 investigate that type of complaint.
line 14 (b)  (1)  The department shall complete an investigation within line 15 60 days of receiving the complaint. assigning the complaint unless line 16 the department requires either of the following:
line 17 (A)  Assistance from local or other state a gencies to complete line 18 the investigation.
line 19 (B)  Significant additional r esources to complete the line 20 investigation, as determined by the department. line 21 (2)  If the department is not able to complete an in vestigation line 22 within 60 days, the department shall notify the complainant in line 23 writing, including through electronic means, of the reason for the line 24 delay.

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ATTACHMENT 6

May 13, 2025

The Honorable Catherine Blakespear
California State Senate
1021 O Street, Room 7720
Sacramento, CA 95814

RE: Letter of Support – SB 329 (Blakespear) Alcohol and drug recovery or treatment facilities: Investigations

Dear Senator Blakespear,

The City of Clovis is pleased to support SB 329 (Blakespear), which would require the California Department of Health Care Services (DHCS) to complete timely investigations into complaints about alcohol or drug treatment facilities.

While existing law requires DHCS to investigate complaints against licensed alcohol and drug treatment facilities, it does not establish timelines for completing those investigations. SB 329 sets clear, reasonable deadlines —aligned with existing DHCS policy—to enhance public transparency and ensure providers are held accountable for delivering high-quality treatment and care.

A recent state audit on drug and alcohol treatment facilities in Califo rnia confirmed what cities across California have been saying for years: DHCS does not always promptly or thoroughly investigate complaints. Twenty-two of the 60 investigations the audit reviewed took over a year to complete, with ten of those investigations taking more than 600 days.

Delays like these allow serious problems to go unchecked, jeopardizing the health and safety of those receiving care and the broader community.

Residential recovery housing provides a wide range of benefits to some of California’s most vulnerable residents and it is critical that their needs are prioritized over profits.

Compliance with state licensing laws administered through the Department of Health Care Services is essential to safeguarding residents’ well-being and maintaining quality care.

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For these reasons, the City of Clovis is pleased to support SB 329 (Blakespear).

Sincerely,

Vong Mouanoutoua
Mayor, City of Clovis
cc. League of California Cities, [email protected] Rajveer Rakkar, Regional Public Affairs Manager, [email protected]

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california legislature—2025–26 regular session
ASSEMBLY BILL No. 492
Introduced by Assembly Member Valencia
(Principal coauthor: Senator Umberg)
(Coauthors: Assembly Members Davies, Dixon, and Petrie-Norris, and Sanchez)
February 10, 2025
An act to amend Section 11834.09 of the Health and Safety Code, relating to public health.
legislative counsel’s digest
AB 492, as introduced, Valencia. Alcohol and drug programs:
licensing.

Under existing law, the State Department of Health Care Services is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse and problem gambling. Existing law authorizes the department to issue a license to operate an alcohol or other drug recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee, as specified.

This bill would require the department, whenever it issues a license to operate an alcohol or other drug recovery or treatment facility, to concurrently provide written notification of the issuance of the license to the city or county in which the facility is located. The bill would require the notice to include the name and mailing address of the licensee and the location of the facility.

V ote: majority.

Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Revised 4-23-25—See last page. 99
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The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11834.09 of the Health and Safety Code line 2 is amended to read:
line 3 11834.09. (a)   (1)  The department may issue a single license line 4 to operate an alcohol or other drug recovery or treatment facility line 5 upon receipt of a completed written application, fire clearance, line 6 and licensing fee subject to the department’s review and line 7 determination that the applicant can comply with this chapter and line 8 regulations adopted pursuant to this chapter.
line 9 (2)  Whenever the department issues a license pursuant to line 10 paragraph (1), the department shall concurrently provide written line 11 notification of the issuance of the license to the city in which the line 12 facility is located. If the facility is located within an unincorporated line 13 area, the notice shall instead be provided to the county. The notice line 14 shall include the name and mailing address of the licensee and line 15 the location of the facility.
line 16 (b)  Failure to submit a completed written application, fire line 17 clearance, and payment of the required licensing fee in a timely line 18 manner shall result in termination of the department’s licensure line 19 review and shall require submission of a new application by the line 20 applicant.
line 21 (c)   Failure of the applicant to demonstrate the ability to comply line 22 with this chapter or the regulations adopted pursuant to this chapter line 23 shall result in departmental denial of the application for licensure. line 24 (d)   Initial licenses for new facilities shall be provisional for one line 25 year. During the term of the provisional license, the department line 26 may revoke the license for good cause. For the purposes of this line 27 section, “good cause” means failure to operate in compliance with line 28 this chapter or the regulations adopted pursuant to this chapter. A line 29 licensee may not reapply for an initial license for five years line 30 following a revocation of a provisional license. line 31 (e)   On or before July 1, 2022, the department shall adopt line 32 regulations to implement this section in accordance with the line 33 Administrative Procedure Act (Chapter 3.5 (commencing with line 34 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 35 Code).
line 36 (f)  Notwithstanding the rulemaking provisions of the line 37 Administrative Procedure Act, the department may implement, line 38 interpret, or make specific this section by means of provider 99 — 2 — AB 492
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line 1 bulletins, written guidelines, or similar instructions, until line 2 regulations are adopted.
line 3
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REVISIONS: line 5
Heading—Line 3. line 6
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ATTACHMENT 8

May 13, 2025

The Honorable Avelino Valencia
California State Assembly
1021 O Street, Room 5510
Sacramento, CA 95814

RE: Letter of Support – AB 492 (Valencia) Alcohol and drug programs: licensing

Dear Assembly Member Valencia,

The City of Clovis is pleased to support AB 492 (Valencia), which would require the Department of Health Care Services (DHCS) to notify cities anytime a new alcohol and drug treatment facility is approved in their jurisdiction.

California has 2,043 alcohol and drug treatment facilities and DHCS is not currently required to notify local governments when approving licenses, leaving cities in the dark about the operation of new facilities within their jurisdictions. This lack of communication can make it challenging to address community concerns, m aintain public safety, and ensure that recovery and treatment programs are effectively integrated into local communities.

AB 492 would enable cities to better coordinate services and identify emerging trends and potential gaps in the state's approach to t reatment needs. Similar notification requirements are already in place for liquor licenses, cannabis businesses, and syringe exchange programs.

A recent state audit on drug and alcohol treatment facilities in California confirmed what cities across Califo rnia have been saying for years: There is an overconcentration of recovery housing in residential neighborhoods. AB 492 takes a critical step forward by keeping cities informed and enhancing their collaboration with the state to more effectively address substance use treatment needs.

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For these reasons, the City of Clovis is pleased to support AB 492 (Valencia).

Sincerely,

Vong Mouanoutoua
Mayor, City of Clovis
cc. League of California Cities, [email protected] Rajveer Rakkar, Regional Public Affairs Manager, [email protected] 155
AGENDA ITEM NO. 13.

AMENDED IN ASSEMBLY MARCH 19, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 424
Introduced by Assembly Member Davies
February 5, 2025
An act to add Section 11834.33 to the Health and Safety Code, relating to alcohol and other drug programs.
legislative counsel’s digest
AB 424, as amended, Davies. Alcohol and other drug programs:
complaints.

Existing law provides for the licensure and regulation of alcohol or other drug recovery or treatment facilities serving adults by the State Department of Health Care Services, as prescribed. Existing law prohibits the operation, establishment, management, conduct, or maintenance of an alcohol or other drug recovery or treatment facility to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license.

This bill would, when the department receives a complaint against a licensed alcohol or other drug recovery or treatment facility, or a complaint alleging that a facility is unlawfully operating without a license, from a member of the public, require the department to provide, within
30 10 days of the date of the complaint, notice to the person filing the complaint that the complaint has been received and to provide, upon closing the complaint, notice to the person filing the complaint that the complaint has been closed and whether the department found the facility to be in violation of the provisions governing facility licensure and regulation.
98 ATTACHMENT 9
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98 — 2 — AB 424

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ATTACHMENT 10

May 13, 2025

The Honorable Laurie Davies
California State Assembly
1021 O Street, Room 4720
Sacramento, CA 95814

RE: Letter of Support – AB 424 (Davies) Alcohol and other drug programs:
complaints

Dear Assembly Member Davies,

The City of Clovis is pleased to support AB 424 (Davies), which would provide more transparency into how the Department of Health Care Services (DHCS) processes complaints against licensed alcohol and drug treatment facilities.

Residential recovery housing provides a wide range of benefits to some of California’s most vulnerable residents, and it is critical that their needs are prioritized over profits.

Compliance with state licensing laws administered through DHCS is essential to safeguarding residents’ well-being and maintaining quality care.

AB 424 would require DHCS to notify individuals at three key points: when their complaint is received w hen the investigation concludes, and the outcome of the investigation.

Currently, DHCS does not automatically provide this information. Instead, complainants must file a Public Records Act (PRA) request, which can take months —sometimes over a year—to receive a response.

This lack of timely communication creates frustration for both residents and loc al governments. Cities report that constituents and staff frequently contact DHCS for updates, diverting staff time away from critical investigations. This process fails to instill public confidence in the complaint process, which is leaving communities in the dark about issues that directly impact them.

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By improving communication, AB 424 would help cities stay informed and support a more transparent oversight process. For these reasons, the City of Clovis is pleased to support AB 424 (Davies).

Sincerely,

Vong Mouanoutoua
Mayor, City of Clovis
cc. League of California Cities, [email protected] Rajveer Rakkar, Regional Public Affairs Manager, [email protected]

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AMENDED IN SENATE APRIL 23, 2025
AMENDED IN SENATE APRIL 9, 2025
AMENDED IN SENATE MARCH 5, 2025
SENATE BILL No. 79
Introduced by Senator Wiener
January 15, 2025
An act to amend Section 54221 of, and to add Chapter 4.1.5 (commencing with Section 65912.155) to Division 1 of Title 7 of, the Government Code, and to add Section 21080.26.5 to the Public Resources Code, relating to land use.
legislative counsel’s digest
SB 79, as amended, Wiener. Local government land: public transit use: housing development: transit-oriented development. (1)
Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “surplus land” for these purposes to mean land owned in fee simple by any local agency for which the local agency’s governing body takes formal action declaring that the land is surplus and is not necessary for the agency’s use. Existing law defines “agency’s use” for these purposes to include land that is being used for agency work or operations, as provided. Existing law exempts from this definition of “agency’s use” certain commercial or industrial uses, except that in the case of a local agency that is a district, except a local agency whose primary purpose or mission is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, as specified.

This bill would additionally include land leased to support public transit operations in the definition of “agency’s use,” as described above. 96 Attachment 11 160
AGENDA ITEM NO. 13.

The bill would also revise the definition of “agency’s use” with respect to commercial or industrial uses to instead pro vide that a district or a public transit operator may use land for commercial or industrial uses or activities, as described above.
(2) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensi ve, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that contains certain mandatory elements, including a housing element. Existing law requires that the housing element include, among other things, an assessment of housing needs and an in ventory of resources and constraints that are rele vant to the meeting of these needs, including an in ventory of land suitable for residential development, as pro vided. Existing la w, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each re gion, as specified, and requires the appropriate council of local governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the re gional housing need to each locality in the region.

Existing law, the Housing Accountability Act, among other things, requires a local agenc y that proposes to disappro ve a housing development project, as defined, or to impose a condition that the project be developed at a lower density to base its decision on written findings supported by a preponderance of the evidence that specified conditions exist if that project complies with applicable, objecti ve general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete. The act authorizes the applicant, a person who w ould be eligible to apply for residenc y in the housing development project or emer gency shelter, or a housing or ganization to bring an action to enforce the act’ s pro visions, as pro vided, and provides for penalties if the court finds that the local agenc y is in violation of specified provisions of the act.

This bill would require that a housing development project, as defined, proposed within a specified distance of a transit-oriented development (TOD) stop, as defined, be an allo wed use on an y site zoned for residential, mixed, commercial, or light industrial development, if the development complies with applicable requirements, as specified. The bill would establish requirements concerning height limits, density, and floor area ratio in accordance with a de velopment’s proximity to 96 — 2 — SB 79

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specified tiers of TOD stops, as provided. The bill would provide that, for the purposes of the Housing Accountability Act, a proposed development consistent with the applicable standards of these provisions shall be deemed consistent, compliant, and in conformity with prescribed requirements. The bill would provide that a local government that denies a project meeting the requirements of these pro visions located in a high-resource area, as defined, would be presumed in violation of the Housing Accountability Act, as specified, and immediately liable for penalties, as pro vided. The bill w ould specify that a de velopment proposed pursuant to these pro visions is eligible for streamlined, ministerial approval pursuant to specified law, except that the bill would exempt a project under these pro visions from specified requirements, and would specify that the project is required to comply with certain affordability requirements, under that law.

This bill w ould require a proposed de velopment to comply with specified requirements under existing law relating to the demolition of existing residential units. The bill would also authorize a transit agency to adopt objecti ve standards for both residential and commercial development proposed pursuant to these provisions if the development would be constructed on land owned by the transit agency or on which the transit agency has a permanent operating easement, pro vided that the objecti ve standards allo w for the same or greater de velopment intensity as allowed by local standards or applicable state law.

This bill would require the Department of Housing and Community Development to oversee compliance with the bill’s provisions, including, but not limited to, promulg ating specified standards relating to the inventory of land included within a county’s or city’s housing element.

The bill w ould permit a local go vernment to adopt an ordinance to implement these pro visions, as pro vided. The bill w ould require the local government to submit a copy of this ordinance to the department within 60 days of adoption and require the department to re view the ordinance for compliance, as specified. If the department finds an ordinance is out of compliance, and the local government does not take specified steps to address compliance, the bill w ould require the department to notify the local government in writing and authorize the department to notify the Attorney General, as provided.

This bill would define various terms for its purposes and make related findings and declarations.
96 SB 79 — 3 —

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This bill w ould include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities. (3) Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an en vironmental impact report on a project that it proposes to carry out or appro ve that may ha ve a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the en vironment. CEQA, until January 1, 2030, e xempts from its requirements certain transportation-related projects if specified requirements are met, as provided. CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, or other passenger rail service, that will be e xclusively used by lo w-emission or zero-emission v ehicles, on e xisting public rights-of-w ay or e xisting highway rights-of-way.

This bill would exempt from CEQA a public or pri vate residential, commercial, or mix ed-used project that, at the time the project application is filed, is located entirely or principally on land owned by a public transit agency, or fully or partially encumbered by an existing operating easement in f avor of a public transit agenc y, and meets specified requirements. The bill would provide that, for a project that requires the construction of new passenger rail storage and maintenance facilities at a publicly or privately owned offsite location distinct from the principal project site, that project w ould be considered a wholly separate project from the project described in these provisions and shall not be exempt from CEQA.
(4) By increasing the duties of local officials, this bill would impose a state-mandated local program.

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

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.
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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54221 of the Government Code is line 2 amended to read:
line 3 54221. As used in this article, the follo wing definitions shall line 4 apply:
line 5 (a) (1) “Local agenc y” means e very city, whether or ganized line 6 under general law or by charter, county, city and county, district, line 7 including school, sewer, water, utility, and local and regional park line 8 districts of an y kind or class, joint po wers authority, successor line 9 agency to a former rede velopment agency, housing authority, or line 10 other political subdi vision of this state and an y instrumentality line 11 thereof that is empowered to acquire and hold real property. line 12 (2) The Legislature finds and declares that the term “district” line 13 as used in this article includes all districts within the state, line 14 including, but not limited to, all special districts, se wer, water, line 15 utility, and local and regional park districts, and any other political line 16 subdivision of this state that is a district, and therefore the changes line 17 in paragraph (1) made by the act adding this paragraph that specify line 18 that the provisions of this article apply to all districts, including line 19 school, sewer, water, utility, and local and re gional park districts line 20 of an y kind or class, are declaratory of, and not a change in, line 21 existing law.
line 22 (b) (1) “Surplus land” means land owned in fee simple by any line 23 local agency for which the local agenc y’s governing body tak es line 24 formal action in a re gular public meeting declaring that the land line 25 is surplus and is not necessary for the agency’s use. Land shall be line 26 declared either “surplus land” or “e xempt surplus land, ” as line 27 supported by written findings, before a local agency may take any line 28 action to dispose of it consistent with an agenc y’s policies or line 29 procedures. A local agenc y, on an annual basis, may declare line 30 multiple parcels as “surplus land” or “exempt surplus land.” line 31 (2) “Surplus land” includes land held in the Community line 32 Redevelopment Property Trust Fund pursuant to Section 34191.4 line 33 of the Health and Safety Code and land that has been designated line 34 in the long-range property management plan appro ved by the line 35 Department of Finance pursuant to Section 34191.5 of the Health 96 SB 79 — 5 —

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line 1 and Safety Code, either for sale or for future de velopment, but line 2 does not include any specific disposal of land to an identified entity line 3 described in the plan.
line 4 (3)  Nothing in this article prevents a local agency from obtaining line 5 fair market value for the disposition of surplus land consistent with line 6 Section 54226.
line 7 (4)  Notwithstanding paragraph (1), a local agency is not required line 8 to make a declaration at a public meeting for land that is “exempt line 9 surplus land” pursuant to subparagraph (A), (B), (E), (K), (L), or line 10 (Q) of paragraph (1) of subdivision (f) if the local agency identifies line 11 the land in a notice that is published and a vailable for public line 12 comment, including notice to the entities identified in subdivision line 13 (a) of Section 54222, at least 30 days before the e xemption takes line 14 effect.
line 15 (c)  (1)  Except as pro vided in paragraph (2), “agenc y’s use” line 16 shall include, but not be limited to, land that is being used, or is line 17 planned to be used pursuant to a written plan adopted by the local line 18 agency’s go verning board, for agenc y w ork or operations, line 19 including, but not limited to, utility sites, property owned by a port line 20 that is used to support logistics uses, w atershed property, land line 21 being used for conserv ation purposes, land for demonstration, line 22 exhibition, or educational purposes related to greenhouse g as line 23 emissions, sites for broadband equipment or wireless f acilities, line 24 land leased to support public transit operations, and b uffer sites line 25 near sensitive governmental uses, including, b ut not limited to, line 26 waste disposal sites, and w astewater treatment plants. “Agency’s line 27 use” by a local agenc y that is a district shall also include land line 28 disposed for uses described in subparagraph (B) of paragraph (2). line 29 (2)  (A)  “Agency’s use” shall not include commercial or line 30 industrial uses or acti vities, including nongo vernmental retail, line 31 entertainment, or office development. Property disposed of for the line 32 sole purpose of investment or generation of re venue shall not be line 33 considered necessary for the agency’s use.
line 34 (B)  In the case of a local agenc y that is a district or a public line 35 transit operator , “agenc y’s use” may include commercial or line 36 industrial uses or acti vities, including nongo vernmental retail, line 37 entertainment, or office development or be for the sole purpose of line 38 investment or generation of re venue if the agenc y’s go verning line 39 body takes action in a public meeting declaring that the use of the line 40 site will do one of the following:
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line 1 (i)  Directly further the e xpress purpose of agenc y w ork or line 2 operations.
line 3 (ii)  Be expressly authorized by a statute go verning the local line 4 agency, pro vided the district complies with Section 54233.5 if line 5 applicable.
line 6 (d)  (1)  “Dispose” means either of the following:
line 7 (A)  The sale of the surplus land.
line 8 (B)  The entering of a lease for surplus land, which is for a term line 9 longer than 15 years, inclusive of any extension or renewal options line 10 included in the terms of the initial lease, entered into on or after line 11 January 1, 2024.
line 12 (2)  “Dispose” shall not mean either of the following:
line 13 (A)  The entering of a lease for surplus land, which is for a term line 14 of 15 years or less, inclusive of any extension or renewal options line 15 included in the terms of the initial lease.
line 16 (B)  The entering of a lease for surplus land on which no line 17 development or demolition will occur , regardless of the term of line 18 the lease.
line 19 (e)  “Open-space purposes” means the use of land for public line 20 recreation, enjoyment of scenic beauty, or conservation or use of line 21 natural resources.
line 22 (f)  (1)  Except as pro vided in paragraph (2), “e xempt surplus line 23 land” means any of the following:
line 24 (A)  Surplus land that is transferred pursuant to Section 25539.4 line 25 or 37364.
line 26 (B)  Surplus land that is less than one-half acre in area and is line 27 not contiguous to land o wned by a state or local agenc y that is line 28 used for open-space or lo w- and moderate-income housing line 29 purposes.
line 30 (C)  Surplus land that a local agency is exchanging for another line 31 property necessary for the agency’s use. “Property” may include line 32 easements necessary for the agency’s use.
line 33 (D)  Surplus land that a local agenc y is transferring to another line 34 local, state, or federal agency, or to a third-party intermediary for line 35 future dedication for the receiving agency’s use, or to a federally line 36 recognized California Indian tribe. If the surplus land is transferred line 37 to a third-party intermediary, the receiving agency’s use must be line 38 contained in a legally binding agreement at the time of transfer to line 39 the third-party intermediary.
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line 1 (E) Surplus land that is a former street, right-of-w ay, or line 2 easement, and is conveyed to an owner of an adjacent property. line 3 (F) (i) Surplus land that is to be de veloped for a housing line 4 development, which may have ancillary commercial ground floor line 5 uses, that restricts 100 percent of the residential units to persons line 6 and families of low or moderate income, with at least 75 percent line 7 of the residential units restricted to lo wer income households, as line 8 defined in Section 50079.5 of the Health and Safety Code, with line 9 an affordable sales price or an affordable rent, as defined in Section line 10 50052.5 or 50053 of the Health and Safety Code, for 55 years for line 11 rental housing, 45 years for ownership housing, and 50 years for line 12 rental or ownership housing located on tribal trust lands, unless a line 13 local ordinance or a federal, state, or local grant, tax credit, or other line 14 project financing requires a longer period of af fordability, and in line 15 no event shall the maximum affordable sales price or rent level be line 16 higher than 20 percent belo w the median mark et rents or sales line 17 prices for the neighborhood in which the site is located. line 18 (ii) The requirements of clause (i) shall be contained in a line 19 covenant or restriction recorded against the surplus land at the time line 20 of sale that shall run with the land and be enforceable against any line 21 owner who violates the covenant or restriction and each successor line 22 in interest who continues the violation.
line 23 (G) (i) Surplus land that is subject to a local agenc y’s open, line 24 competitive solicitation or that is put to open, competitive bid by line 25 a local agency, provided that all entities identified in subdi vision line 26 (a) of Section 54222 will be in vited to participate in the process, line 27 for a housing or a mix ed-use development that is more than one line 28 acre and less than 10 acres in area, consisting of either a single line 29 parcel, or two or more adjacent or non-adjacent parcels combined, line 30 that includes not less than 300 residential units, and that restricts line 31 at least 25 percent of the residential units to lo wer income line 32 households, as defined in Section 50079.5 of the Health and Safety line 33 Code, with an af fordable sales price or an af fordable rent, as line 34 defined in Sections 50052.5 and 50053 of the Health and Safety line 35 Code, for 55 years for rental housing, 45 years for o wnership line 36 housing, and 50 years for rental or ownership housing located on line 37 tribal trust lands, unless a local ordinance or a federal, state, or line 38 local grant, tax credit, or other project financing requires a longer line 39 period of affordability.
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line 1 (ii)  The requirements of clause (i) shall be contained in a line 2 covenant or restriction recorded against the surplus land at the time line 3 of sale that shall run with the land and be enforceable against any line 4 owner who violates the covenant or restriction and each successor line 5 in interest who continues the violation.
line 6 (H)  (i)  Surplus land totaling 10 or more acres, consisting of line 7 either a single parcel, or tw o or more adjacent or non-adjacent line 8 parcels combined for disposition to one or more b uyers pursuant line 9 to a plan or ordinance adopted by the legislative body of the local line 10 agency, or a state statute. That surplus land shall be subject to a line 11 local agency’s open, competitive solicitation process or put out to line 12 open, competitive bid by a local agency, provided that all entities line 13 identified in subdi vision (a) of Section 54222 will be in vited to line 14 participate in the process for a housing or mixed-use development. line 15 (ii)  The aggregate development shall include the greater of the line 16 following:
line 17 (I)  Not less than 300 residential units.
line 18 (II)  A number of residential units equal to 10 times the number line 19 of acres of the surplus land or 10,000 residential units, whichever line 20 is less.
line 21 (iii)  At least 25 percent of the residential units shall be restricted line 22 to lower income households, as defined in Section 50079.5 of the line 23 Health and Safety Code, with an af fordable sales price or an line 24 affordable rent pursuant to Sections 50052.5 and 50053 of the line 25 Health and Safety Code, for a minimum of 55 years for rental line 26 housing, 45 years for ownership housing, and 50 years for rental line 27 or ownership housing located on tribal trust lands, unless a local line 28 ordinance or a federal, state, or local grant, tax credit, or other line 29 project financing requires a longer period of affordability. line 30 (iv)  If nonresidential de velopment is included in the line 31 development pursuant to this subparagraph, at least 25 percent of line 32 the total planned units affordable to lower income households shall line 33 be made a vailable for lease or sale and permitted for use and line 34 occupancy before or at the same time with e very 25 percent of line 35 nonresidential development made available for lease or sale and line 36 permitted for use and occupancy.
line 37 (v)  A violation of this subparagraph is subject to the penalties line 38 described in Section 54230.5. Those penalties are in addition to line 39 any remedy a court may order for violation of this subparagraph. line 40 A local agenc y shall only dispose of land pursuant to this 96 SB 79 — 9 —

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line 1 subparagraph through a disposition and de velopment agreement line 2 that includes an indemnification clause that pro vides that if an line 3 action occurs after disposition violates this subparagraph, the line 4 person or entity that acquired the property shall be liable for the line 5 penalties.
line 6 (vi)  The requirements of clauses (i) to (v), inclusi ve, shall be line 7 contained in a covenant or restriction recorded against the surplus line 8 land at the time of sale that shall run with the land and be line 9 enforceable ag ainst an y o wner who violates the co venant or line 10 restriction and each successor in interest who continues the line 11 violation.
line 12 (I)  A mixed-use development, which may include more than line 13 one publicly o wned parcel, that meets all of the follo wing line 14 conditions:
line 15 (i)  The development restricts at least 25 percent of the residential line 16 units to lower income households, as defined in Section 50079.5 line 17 of the Health and Safety Code, with an af fordable sales price or line 18 an affordable rent, as defined in Sections 50052.5 and 50053 of line 19 the Health and Safety Code, for 55 years for rental housing, 45 line 20 years for ownership housing, and 50 years for rental or ownership line 21 housing located on tribal trust lands, unless a local ordinance or a line 22 federal, state, or local grant, tax credit, or other project financing line 23 requires a longer period of affordability.
line 24 (ii)  At least 50 percent of the square footage of the ne w line 25 construction associated with the de velopment is designated for line 26 residential use.
line 27 (iii)  The development is not located in an urbanized area, as line 28 defined in Section 21094.5 of the Public Resources Code. line 29 (J)  (i)  Surplus land that is subject to a v alid legal restriction line 30 that is not imposed by the local agenc y and that mak es housing line 31 prohibited, unless there is a feasible method to satisf actorily line 32 mitigate or a void the prohibition on the site. A declaration of line 33 exemption pursuant to this subparagraph shall be supported by line 34 documentary evidence establishing the valid legal restriction. For line 35 the purposes of this section, “documentary e vidence” includes, line 36 but is not limited to, a contract, agreement, deed restriction, statute, line 37 regulation, or other writing that documents the v alid le gal line 38 restriction.
line 39 (ii)  Valid legal restrictions include, but are not limited to, all of line 40 the following:
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line 1 (I)  Existing constraints under o wnership rights or contractual line 2 rights or oblig ations that pre vent the use of the property for line 3 housing, if the rights or oblig ations were agreed to prior to line 4 September 30, 2019.
line 5 (II)  Conservation or other easements or encumbrances that line 6 prevent housing development.
line 7 (III)  Existing leases, or other contractual oblig ations or line 8 restrictions, if the terms were agreed to prior to September 30, line 9 2019.
line 10 (IV)  Restrictions imposed by the source of funding that a local line 11 agency used to purchase a property , pro vided that both of the line 12 following requirements are met:
line 13 (ia)  The restrictions limit the use of those funds to purposes line 14 other than housing.
line 15 (ib)  The proposed disposal of surplus land meets a use consistent line 16 with that purpose.
line 17 (iii)  Valid legal restrictions that would make housing prohibited line 18 do not include either of the following:
line 19 (I)  An existing nonresidential land use designation on the surplus line 20 land.
line 21 (II)  Covenants, restrictions, or other conditions on the property line 22 rendered void and unenforceable by any other law, including, but line 23 not limited to, Section 714.6 of the Civil Code. line 24 (iv)  Feasible methods to mitig ate or a void a v alid le gal line 25 restriction on the site do not include a requirement that the local line 26 agency acquire additional property rights or property interests line 27 belonging to third parties.
line 28 (K)  Surplus land that was granted by the state in trust to a local line 29 agency or that was acquired by the local agency for trust purposes line 30 by purchase or e xchange, and for which disposal of the land is line 31 authorized or required subject to conditions established by statute. line 32 (L)  Land that is subject to either of the follo wing, unless line 33 compliance with this article is expressly required:
line 34 (i)  Section 17388, 17515, 17536, 81192, 81397, 81399, 81420, line 35 or 81422 of the Education Code.
line 36 (ii)  Part 14 (commencing with Section 53570) of Di vision 31 line 37 of the Health and Safety Code.
line 38 (M)  Surplus land that is a former military base that w as line 39 conveyed by the federal go vernment to a local agenc y, and is line 40 subject to Article 8 (commencing with Section 33492.125) of 96 SB 79 — 11 —

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line 1 Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, line 2 provided that all of the following conditions are met:
line 3 (i)  The former military base has an aggregate area greater than line 4 five acres, is e xpected to include a mix of residential and line 5 nonresidential uses, and is expected to include no fewer than 1,400 line 6 residential units upon completion of development or redevelopment line 7 of the former military base.
line 8 (ii)  The affordability requirements for residential units shall be line 9 governed by a settlement agreement entered into prior to September line 10 1, 2020. Furthermore, at least 25 percent of the initial 1,400 line 11 residential units de veloped shall be restricted to lo wer income line 12 households, as defined in Section 50079.5 of the Health and Safety line 13 Code, with an af fordable sales price or an af fordable rent, as line 14 defined in Sections 50052.5 and 50053 of the Health and Safety line 15 Code, for 55 years for rental housing, 45 years for o wnership line 16 housing, and 50 years for rental or ownership housing located on line 17 tribal trust lands, unless a local ordinance or a federal, state, or line 18 local grant, tax credit, or other project financing requires a longer line 19 period of affordability.
line 20 (iii)  Before disposition of the surplus land, the agenc y adopts line 21 written findings that the land is e xempt surplus land pursuant to line 22 this subparagraph.
line 23 (iv)  Before disposition of the surplus land, the recipient has line 24 negotiated a project labor agreement consistent with the local line 25 agency’s project stabilization agreement resolution, as adopted on line 26 February 2, 2021, and an y succeeding ordinance, resolution, or line 27 policy, regardless of the length of the agreement between the local line 28 agency and the recipient.
line 29 (v)  The agenc y includes in the annual report required by line 30 paragraph (2) of subdi vision (a) of Section 65400 the status of line 31 development of residential units on the former military base, line 32 including the total number of residential units that ha ve been line 33 permitted and what percentage of those residential units are line 34 restricted for persons and families of low or moderate income, or line 35 lower income households, as defined in Section 50079.5 of the line 36 Health and Safety Code.
line 37 A violation of this subparagraph is subject to the penalties line 38 described in Section 54230.5. Those penalties are in addition to line 39 any remedy a court may order for violation of this subparagraph line 40 or the settlement agreement.
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line 1 (N)  Real property that is used by a district for an agenc y’s use line 2 expressly authorized in subdivision (c).
line 3 (O)  Land that has been transferred before June 30, 2019, by the line 4 state to a local agenc y pursuant to Section 32667 of the Streets line 5 and Highways Code and has a minimum planned residential density line 6 of at least 100 dwelling units per acre, and includes 100 or more line 7 residential units that are restricted to persons and families of low line 8 or moderate income, with an affordable sales price or an affordable line 9 rent, as defined in Sections 50052.5 and 50053 of the Health and line 10 Safety Code, for 55 years for rental housing, 45 years for ownership line 11 housing, and 50 years for rental or ownership housing located on line 12 tribal trust lands, unless a local ordinance or a federal, state, or line 13 local grant, tax credit, or other project financing requires a longer line 14 period of af fordability. F or purposes of this subparagraph, not line 15 more than 20 percent of the af fordable units may be restricted to line 16 persons and families of moderate income and at least 80 percent line 17 of the af fordable units must be restricted to lo wer income line 18 households as defined in Section 50079.5 of the Health and Safety line 19 Code.
line 20 (P)  (i)  Land that meets the following conditions:
line 21 (I)  Land that is subject to a sectional planning area document line 22 that meets both of the following:
line 23 (ia)  The sectional planning area w as adopted prior to January line 24 1, 2019.
line 25 (ib)  The sectional planning area document is consistent with line 26 county and city general plans applicable to the land. line 27 (II)  The land identified in the adopted sectional planning area line 28 document was dedicated prior to January 1, 2019. line 29 (III)  On January 1, 2019, the parcels on the land met at least line 30 one of the following conditions:
line 31 (ia)  The land was subject to an irrevocable offer of dedication line 32 of fee interest requiring the land to be used for a specified purpose. line 33 (ib)  The land was acquired through a land exchange subject to line 34 a land of fer agreement that grants the land’ s original o wner the line 35 right to repurchase the land acquired by the local agency pursuant line 36 to the agreement if the land will not be de veloped in a manner line 37 consistent with the agreement.
line 38 (ic)  The land w as subject to a grant deed specifying that the line 39 property shall be used for educational uses and limiting other types line 40 of uses allowed on the property.
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line 1 (IV)  At least 25 percent of the units are dedicated to lo wer line 2 income households, as defined in Section 50079.5 of the Health line 3 and Safety Code, at an affordable rent, as defined by Section 50053 line 4 of the Health and Safety Code, or an af fordable housing cost, as line 5 defined by Section 50052.5 of the Health and Safety Code, and line 6 subject to a recorded deed restriction for a period of 55 years for line 7 rental units and 45 years for owner-occupied units, unless a local line 8 ordinance or a federal, state, or local grant, tax credit, or other line 9 project financing requires a longer period of affordability. line 10 (V)  The land is developed at an average density of at least 10 line 11 units per acre, calculated with respect to the entire sectional line 12 planning area.
line 13 (VI)  No more than 25 percent of the nonresidential square line 14 footage identified in the sectional planning area document receives line 15 its first certificate of occupanc y before at least 25 percent of the line 16 residential square footage identified in the sectional planning area line 17 document has received its first certificate of occupancy. line 18 (VII)  No more than 50 percent of the nonresidential square line 19 footage identified in the sectional planning area document receives line 20 its first certificate of occupanc y before at least 50 percent of the line 21 residential square footage identified in the sectional planning area line 22 document has received its first certificate of occupancy. line 23 (VIII)  No more than 75 percent of the nonresidential square line 24 footage identified in the sectional planning area document shall line 25 receive its first certificate of occupancy before at least 75 percent line 26 of the residential square footage identified in the sectional planning line 27 area document has received its first certificate of occupancy. line 28 (ii)  The local agency includes in the annual report required by line 29 paragraph (2) of subdi vision (a) of Section 65400 the status of line 30 development, including the total square footage of the residential line 31 and nonresidential de velopment, the number of residential units line 32 that have been permitted, and what percentage of those residential line 33 units are restricted for persons and f amilies of lo w or moderate line 34 income, or lower income households, as defined in Section 50079.5 line 35 of the Health and Safety Code.
line 36 (iii)  The Department of Housing and Community Development line 37 may request additional information from the agenc y re garding line 38 land disposed of pursuant to this subparagraph. line 39 (iv)  At least 30 days prior to disposing of land declared “exempt line 40 surplus land,” a local agenc y shall pro vide the Department of 96 — 14 — SB 79

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line 1 Housing and Community De velopment a written notification of line 2 its declaration and findings in a form prescribed by the Department line 3 of Housing and Community De velopment. Within 30 days of line 4 receipt of the written notification and findings, the department line 5 shall notify the local agency if the department has determined that line 6 the local agency is in violation of this article. A local agency that line 7 fails to submit the written notification and findings shall be liable line 8 for a civil penalty pursuant to this subparagraph. A local agency line 9 shall not be liable for the civil penalty if the Department of Housing line 10 and Community Development does not notify the agency that the line 11 agency is in violation of this article within 30 days of recei ving line 12 the written notification and findings. Once the department line 13 determines that the declarations and findings comply with line 14 subclauses (I) to (IV), inclusi ve, of clause (i), the local agenc y line 15 may proceed with disposal of land pursuant to this subparagraph. line 16 This clause is declaratory of, and not a change in, existing law. line 17 (v)  If the local agenc y disposes of land in violation of this line 18 subparagraph, the local agenc y shall be liable for a ci vil penalty line 19 calculated as follows:
line 20 (I)  For a first violation, 30 percent of the greater of the final line 21 sale price or the f air mark et v alue of the land at the time of line 22 disposition.
line 23 (II)  For a second or subsequent violation, 50 percent of the line 24 greater of the final sale price or the f air market value of the land line 25 at the time of disposition.
line 26 (III)  For purposes of this subparagraph, fair market value shall line 27 be determined by an independent appraisal of the land. line 28 (IV)  An action to enforce this subparagraph may be brought by line 29 any of the following:
line 30 (ia)  An entity identified in subdivisions (a) to (e), inclusive, of line 31 Section 54222.
line 32 (ib)  A person who w ould ha ve been eligible to apply for line 33 residency in affordable housing had the agenc y not violated this line 34 section.
line 35 (ic)  A housing organization, as that term is defined in Section line 36 65589.5.
line 37 (id)  A beneficially interested person or entity. line 38 (ie)  The Department of Housing and Community Development. line 39 (V)  A penalty assessed pursuant to this subparagraph shall, line 40 except as otherwise pro vided, be deposited into a local housing 96 SB 79 — 15 —

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line 1 trust fund. The local agency may elect to instead deposit the penalty line 2 moneys into the Building Homes and Jobs Trust Fund or the line 3 Housing Rehabilitation Loan Fund. Penalties shall not be paid out line 4 of funds already dedicated to af fordable housing, including, b ut line 5 not limited to, Low and Moderate Income Housing Asset Funds, line 6 funds dedicated to housing for v ery lo w, lo w-, and line 7 moderate-income households, and federal HOME In vestment line 8 Partnerships Program and Community Development Block Grant line 9 Program funds. The local agenc y shall commit and e xpend the line 10 penalty moneys deposited into the local housing trust fund within line 11 five years of deposit for the sole purpose of financing ne wly line 12 constructed housing units that are af fordable to e xtremely low, line 13 very low, or low-income households.
line 14 (VI)  Five years after deposit of the penalty mone ys into the line 15 local housing trust fund, if the funds have not been expended, the line 16 funds shall re vert to the state and be deposited in the Building line 17 Homes and Jobs Trust Fund or the Housing Rehabilitation Loan line 18 Fund for the sole purpose of financing newly constructed housing line 19 units located in the same jurisdiction as the surplus land and that line 20 are af fordable to e xtremely lo w, v ery lo w, or lo w-income line 21 households. Expenditure of any penalty moneys deposited into the line 22 Building Homes and Jobs Trust Fund or the Housing Rehabilitation line 23 Loan Fund pursuant to this subdi vision shall be subject to line 24 appropriation by the Legislature.
line 25 (vi)  For purposes of this subparagraph, the following definitions line 26 apply:
line 27 (I)  “Sectional planning area” means an area composed of line 28 identifiable planning units, within which common services and line 29 facilities, a strong internal unity, and an integrated pattern of land line 30 use, circulation, and townscape planning are readily achievable. line 31 (II)  “Sectional planning area document” means a document or line 32 plan that sets forth, at minimum, a site utilization plan of the line 33 sectional planning area and development standards for each land line 34 use area and designation.
line 35 (vii)  This subparagraph shall become inoperative on January 1, line 36 2034.
line 37 (Q)  Land that is o wned by a California public-use airport on line 38 which residential uses are prohibited pursuant to Federal Aviation line 39 Administration Order 5190.6B, Airport Compliance Program, line 40 Chapter 20 – Compatible Land Use and Airspace Protection. 96 — 16 — SB 79

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line 1 (R)  Land that is transferred to a community land trust, and all line 2 of the following conditions are met:
line 3 (i)  The property is being or will be de veloped or rehabilitated line 4 as any of the following:
line 5 (I)  An owner-occupied single-family dwelling.
line 6 (II)  An owner-occupied unit in a multifamily dwelling. line 7 (III)  A member -occupied unit in a limited equity housing line 8 cooperative.
line 9 (IV)  A rental housing development.
line 10 (ii)  Improvements on the property are or will be a vailable for line 11 use and ownership or for rent by qualified persons, as defined in line 12 paragraph (6) of subdivision (c) of Section 214.18 of the Revenue line 13 and Taxation Code.
line 14 (iii)  (I)  A deed restriction or other instrument, requiring a line 15 contract or contracts serving as an enforceable restriction on the line 16 sale or resale value of owner-occupied units or on the affordability line 17 of rental units is recorded on or before the lien date following the line 18 acquisition of the property by the community land trust. line 19 (II)  For the purpose of this clause, the follo wing definitions line 20 apply:
line 21 (ia)  “A contract or contracts serving as an enforceable restriction line 22 on the sale or resale v alue of o wner-occupied units” means a line 23 contract described in paragraph (11) of subdivision (a) of Section line 24 402.1 of the Revenue and Taxation Code.
line 25 (ib)  “A contract or contracts serving as an enforceable restriction line 26 on the af fordability of rental units” means an enforceable and line 27 verifiable agreement with a public agenc y, a recorded deed line 28 restriction, or other legal document described in subparagraph (A) line 29 of paragraph (2) of subdivision (g) of Section 214 of the Revenue line 30 and Taxation Code.
line 31 (iv)  A copy of the deed restriction or other instrument shall be line 32 provided to the assessor.
line 33 (S)  (i)  For local agencies whose primary mission or purpose is line 34 to supply the public with a transportation system, surplus land that line 35 is de veloped for commercial or industrial uses or acti vities, line 36 including nongo vernmental retail, entertainment, or office line 37 development or for the sole purpose of in vestment or generation line 38 of revenue, if the agency meets all of the following conditions:
line 39 (I)  The agenc y has an adopted land use plan or polic y that line 40 designates at least 50 percent of the gross acreage covered by the 96 SB 79 — 17 —

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line 1 adopted land use plan or polic y for residential purposes. The line 2 adopted land use plan or policy shall also require the development line 3 of at least 300 residential units, or at least 10 residential units per line 4 gross acre, averaged across all land covered by the land use plan line 5 or policy, whichever is greater.
line 6 (II)  The agenc y has an adopted land use plan or polic y that line 7 requires at least 25 percent of all residential units to be developed line 8 on the parcels covered by the adopted land use plan or policy made line 9 available to lower income households, as defined in Section 50079 line 10 of the Health and Safety Code, at an affordable sales price or rented line 11 at an affordable rent, as defined in Sections 50052.5 and 50053 of line 12 the Health and Safety Code, for 55 years for rental housing and line 13 45 years for o wnership housing, unless a local ordinance or the line 14 terms of a federal, state, or local grant, tax credit, or other project line 15 financing requires a longer period of af fordability. These terms line 16 shall be included in the land use plan or polic y and dictate that line 17 they will be contained in a covenant or restriction recorded against line 18 the surplus land at the time of disposition that shall run with the line 19 land and be enforceable against any owner or lessee who violates line 20 the co venant or restriction and each successor in interest who line 21 continues the violation.
line 22 (III)  Land disposed of for residential purposes shall issue a line 23 competitive request for proposals subject to the local agenc y’s line 24 open, competiti ve solicitation process or put out to open, line 25 competitive bid by the local agenc y, pro vided that all entities line 26 identified in subdi vision (a) of Section 54222 are in vited to line 27 participate.
line 28 (IV)  Prior to entering into an agreement to dispose of a parcel line 29 for nonresidential development on land designated for the purposes line 30 authorized pursuant to this subparagraph in an agenc y’s adopted line 31 land use plan or polic y, the agency, since January 1, 2020, must line 32 have entered into an agreement to dispose of a minimum of 25 line 33 percent of the land designated for affordable housing pursuant to line 34 subclause (II).
line 35 (ii)  The agency may exempt at one time all parcels covered by line 36 the adopted land use plan or policy pursuant to this subparagraph. line 37 (2)  Notwithstanding paragraph (1), a written notice of the line 38 availability of surplus land for open-space purposes shall be sent line 39 to the entities described in subdivision (b) of Section 54222 before line 40 disposing of the surplus land, provided the land does not meet the 96 — 18 — SB 79

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line 1 criteria in subparagraph (H) of paragraph (1), if the land is any of line 2 the following:
line 3 (A)  Within a coastal zone.
line 4 (B)  Adjacent to a historical unit of the State Parks System. line 5 (C)  Listed on, or determined by the State Office of Historic line 6 Preservation to be eligible for , the National Re gister of Historic line 7 Places.
line 8 (D)  Within the Lake Tahoe region as defined in Section 66905.5. line 9 (g)  “Persons and families of low or moderate income” has the line 10 same meaning as pro vided in Section 50093 of the Health and line 11 Safety Code.
line 12 SEC. 2. Chapter 4.1.5 (commencing with Section 65912.155) line 13 is added to Division 1 of Title 7 of the Government Code, to read:
line 14
line 15 Chapter 4.1.5. Transit-Oriented Development
line 16
line 17 65912.155. The Le gislature finds and declares all of the line 18 following:
line 19 (a)  California faces a housing shortage both acute and chronic, line 20 particularly in areas with access to rob ust public transit line 21 infrastructure.
line 22 (b)  Building more homes near transit access reduces housing line 23 and transportation costs for California f amilies, and promotes line 24 environmental sustainability, economic growth, and reduced traffic line 25 congestion.
line 26 (c)  Public transit systems require sustainable funding to provide line 27 reliable service, especially in areas experiencing increased density line 28 and ridership. The state does not invest in public transit service to line 29 the same degree as it does in roads, and the state funds a smaller line 30 proportion of the state’ s major transit agencies’ operations costs line 31 than other states with comparable systems. Transit systems in other line 32 countries deri ve significant re venue from transit-oriented line 33 development at and near their stations.
line 34 65912.156. For purposes of this chapter , the follo wing line 35 definitions apply:
line 36 (a)  “Adjacent” means sharing a property line with a transit stop, line 37 including any parcels that serve a parking or circulation purpose line 38 related to the stop.
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line 1 (b)  “Commuter rail” means a rail transit service not meeting line 2 the standards for hea vy rail or light rail, e xcluding California line 3 High-Speed Rail and Amtrak Long Distance Service. line 4 (c)  “Department” means the Department of Housing and line 5 Community Development.
line 6 (d)  “Frequent commuter rail” means a commuter rail service line 7 with a total of at least 24 daily trains per weekday across both line 8 directions and not meeting the standard for v ery high or line 9 high-frequency commuter rail at any point in the past three years. line 10 (e)  “Heavy rail transit” means an electric rail way with the line 11 capacity for a heavy volume of traffic using high-speed and rapid line 12 acceleration passenger rail cars operating singly or in multicar line 13 trains on fixed rails, separate rights-of-way from which all other line 14 vehicular and foot traffic are excluded, and high platform loading. line 15 (f)  “High-frequency commuter rail” means a commuter rail line 16 service operating a total of at least 48 trains per day across both line 17 directions at any point in the past three years. line 18 (g)  “High-resource area” means a highest resource or line 19 high-resource neighborhood opportunity area, as used in the line 20 opportunity area maps published annually by the California Tax line 21 Credit Allocation Committee and the department. line 22 (h)  “Housing development project” has the same meaning as line 23 defined in Section 65589.5.
line 24 (i)  “Light rail transit” includes streetcar , trolley, and tramway line 25 service.
line 26 (j)  “Net habitable square footage” means the finished and heated line 27 floor area fully enclosed by the inside surface of walls, windows, line 28 doors, and partitions, and ha ving a headroom of at least six and line 29 one-half feet, including working, living, eating, cooking, sleeping, line 30 stair, hall, service, and storage areas, b ut e xcluding g arages, line 31 carports, parking spaces, cellars, half-stories, and unfinished attics line 32 and basements.
line 33 (k)  “Rail transit” has the same meaning as defined in Section line 34 99602 of the Public Utilities Code.
line 35 (l)  “Residential floor area ratio” means the ratio of net habitable line 36 square footage dedicated to residential use to the area of the lot. line 37 (m)  “Tier 1 transit-oriented development stop” means a major line 38 transit stop, as defined by Section 21155 of the Public Resources line 39 Code, served by heavy rail transit or very high frequency commuter line 40 rail.
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line 1 (n)  “Tier 2 transit-oriented de velopment stop” means a major line 2 transit stop, as defined by Section 21155 of the Public Resources line 3 Code, excluding a Tier 1 transit-oriented development stop, served line 4 by light rail transit, by high-frequenc y commuter rail, or by b us line 5 service meeting the standards of paragraph (1) of subdi vision (a) line 6 of Section 21060.2 of the Public Resources Code. line 7 (o)  “Tier 3 transit-oriented de velopment stop” means a major line 8 transit stop, as defined by Section 21155 of the Public Resources line 9 Code, excluding a Tier 1 or Tier 2 transit-oriented de velopment line 10 stop, served by frequent commuter rail service or by ferry service. line 11 (p)  “Transit-oriented development stop” means a major transit line 12 stop, as defined by Section 21155 of the Public Resources Code, line 13 excluding any stop served by rail transit with a frequency of fewer line 14 than 10 total trains per weekday.
line 15 (q)  “Very high frequenc y commuter rail” means a commuter line 16 rail service with a total of at least 72 trains per day across both line 17 directions at any point in the past three years. line 18 65912.157. (a)  A housing development project within one-half line 19 or one-quarter mile of a transit-oriented de velopment stop shall line 20 be an allo wed use on an y site zoned for residential, mix ed, line 21 commercial, or light industrial de velopment, if the de velopment line 22 complies with the applicable of all of the following requirements:
line 23 (1)  For a residential development within one-quarter mile of a line 24 Tier 1 transit-oriented development stop, all of the following apply:
line 25 (A)  A development may be built up to 75 feet high, or up to the line 26 local height limit, whichever is greater. If a development proposes line 27 a height under this subpar agraph in e xcess of the local height line 28 limit, then a local go vernment shall not be r equired to gr ant a line 29 waiver, incentive, or concession pur suant to Section 65915 for line 30 additional height beyond that specified under this subparagraph, line 31 except as pr ovided in subpar agraph (D) of par agraph (2) of line 32 subdivision (d) of Section 65915.
line 33 (B)  A local government shall not impose any maximum density line 34 of less than 120 dwelling units per acre. The de velopment line 35 proponent may seek a further increased density in accordance with line 36 applicable density bonus law.
line 37 (C)  A local go vernment shall not enforce an y other local line 38 development standard or combination of standards that w ould line 39 prevent achieving a residential floor area ratio of up to 3.5. 96 SB 79 — 21 —

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line 1 (D)  A de velopment that otherwise meets the eligibility line 2 requirements of Section 65915, including, b ut not limited to, line 3 affordability requirements, shall be eligible for three additional line 4 concessions pursuant to Section 65915.
line 5 (2)  For a residential development further than one-quarter mile line 6 but within one-half mile of a Tier 1 transit-oriented development line 7 stop, all of the following apply:
line 8 (A)  A development may be built up to 65 feet high, or up to the line 9 local height limit, whichever is greater. If a development proposes line 10 a height under this subpar agraph in e xcess of the local height line 11 limit, then a local go vernment shall not be r equired to gr ant a line 12 waiver, incentive, or concession pur suant to Section 65915 for line 13 additional height beyond that specified under this subparagraph, line 14 except as pr ovided in subpar agraph (D) of par agraph (2) of line 15 subdivision (d) of Section 65915.
line 16 (B)  A local government shall not impose any maximum density line 17 standard of less than 100 dwelling units per acre. The development line 18 proponent may seek a further increased density in accordance with line 19 applicable density bonus law.
line 20 (C)  A local go vernment shall not enforce an y other local line 21 development standard or combination of standards that w ould line 22 prevent achieving a residential floor area ratio of up to 3. line 23 (D)  A de velopment that otherwise meets the eligibility line 24 requirements of Section 65915, including, b ut not limited to, line 25 affordability requirements, shall be eligible for tw o additional line 26 concessions pursuant to Section 65915.
line 27 (3)  For a residential development within one-quarter mile of a line 28 Tier 2 transit-oriented development stop, all of the following apply:
line 29 (A)  A development may be built up to 65 feet high, or up to the line 30 local height limit, whichever is greater. If a development proposes line 31 a height under this subpar agraph in e xcess of the local height line 32 limit, then a local go vernment shall not be r equired to gr ant a line 33 waiver, incentive, or concession pur suant to Section 65915 for line 34 additional height beyond that specified under this subparagraph, line 35 except as pr ovided in subpar agraph (D) of par agraph (2) of line 36 subdivision (d) of Section 65915.
line 37 (B)  A local government shall not impose any maximum density line 38 standard of less than 100 dwelling units per acre. The development line 39 proponent may seek a further increased density in accordance with line 40 applicable density bonus law.
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line 1 (C)  A local go vernment shall not enforce an y other local line 2 development standard or combination of standards that w ould line 3 prevent achieving a residential floor area ratio of up to 3. line 4 (D)  A de velopment that otherwise meets the eligibility line 5 requirements of Section 65915, including, b ut not limited to, line 6 affordability requirements, shall be eligible for tw o additional line 7 concessions pursuant to Section 65915.
line 8 (4)  For a residential development further than one-quarter mile line 9 but within one-half mile of a Tier 2 transit-oriented development line 10 stop, all of the following apply:
line 11 (A)  A development may be built up to 55 feet high, or up to the line 12 local height limit, whichever is greater. If a development proposes line 13 a height under this subpar agraph in e xcess of the local height line 14 limit, then a local go vernment shall not be r equired to gr ant a line 15 waiver, incentive, or concession pur suant to Section 65915 for line 16 additional height beyond that specified under this subparagraph, line 17 except as pr ovided in subpar agraph (D) of par agraph (2) of line 18 subdivision (d) of Section 65915.
line 19 (B)  A local government shall not impose any maximum density line 20 standard of less than 80 dwelling units per acre. The development line 21 proponent may seek a further increased density in accordance with line 22 applicable density bonus law.
line 23 (C)  A local go vernment shall not enforce an y other local line 24 development standard or combination of standards that w ould line 25 prevent achieving a residential floor area ratio of up to 2.5. line 26 (D)  A de velopment that otherwise meets the eligibility line 27 requirements of Section 65915, including, b ut not limited to, line 28 affordability requirements, shall be eligible for one additional line 29 concession pursuant to Section 65915.
line 30 (5)  For a residential development within one-quarter mile of a line 31 Tier 3 transit-oriented development stop, all of the following apply:
line 32 (A)  A development may be built up to 55 feet high, or up to the line 33 local height limit, whichever is greater. If a development proposes line 34 a height under this subpar agraph in e xcess of the local height line 35 limit, then a local go vernment shall not be r equired to gr ant a line 36 waiver, incentive, or concession pur suant to Section 65915 for line 37 additional height beyond that specified under this subparagraph, line 38 except as pr ovided in subpar agraph (D) of par agraph (2) of line 39 subdivision (d) of Section 65915.
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line 1 (B)  A local government shall not impose any maximum density line 2 standard of less than 80 dwelling units per acre. The development line 3 proponent may seek a further increased density in accordance with line 4 applicable density bonus law.
line 5 (C)  A local go vernment shall not enforce an y other local line 6 development standard or combination of standards that w ould line 7 prevent achieving a residential floor area ratio of up to 2.5. line 8 (D)  A de velopment that otherwise meets the eligibility line 9 requirements of Section 65915, including, b ut not limited to, line 10 affordability requirements, shall be eligible for one additional line 11 concession pursuant to Section 65915.
line 12 (6)  For a residential development further than one-quarter mile line 13 but within one-half mile of a Tier 3 transit-oriented development line 14 stop, all of the following apply:
line 15 (A)  A development may be built up to 45 feet high, or up to the line 16 local height limit, whichever is greater. If a development proposes line 17 a height under this subpar agraph in e xcess of the local height line 18 limit, then a local go vernment shall not be r equired to gr ant a line 19 waiver, incentive, or concession pur suant to Section 65915 for line 20 additional height beyond that specified under this subparagraph, line 21 except as pr ovided in subpar agraph (D) of par agraph (2) of line 22 subdivision (d) of Section 65915.
line 23 (B)  A local government shall not impose any maximum density line 24 standard of less than 60 dwelling units per acre. The development line 25 proponent may seek a further increased density in accordance with line 26 applicable density bonus law.
line 27 (C)  A local go vernment shall not enforce an y other local line 28 development standard or combination of standards that w ould line 29 prevent achieving a residential floor area ratio of up to 2. line 30 (b)  Notwithstanding an y other la w, a housing de velopment line 31 project that meets any of the eligibility criteria under subdivision line 32 (a) and is immediately adjacent to a Tier 1, Tier 2, or Tier 3 line 33 transit-oriented development stop shall be eligible for an adjacency line 34 intensifier to increase the height limit by an additional 20 feet, the line 35 maximum density standard by an additional 40 dwelling units per line 36 acre, and the residential floor area ratio by 1. line 37 (c)  A de velopment proposed pursuant to this section shall line 38 comply with the antidisplacement requirements of Section 66300.6. line 39 This subdivision shall apply to any city or county. 96 — 24 — SB 79

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line 1 (d)  For purposes of subdi vision (j) of Section 65589.5, a line 2 proposed housing development project that is consistent with the line 3 applicable standards from this chapter shall be deemed consistent, line 4 compliant, and in conformity with an applicable plan, program, line 5 policy, ordinance, standard, requirement, or other similar provision. line 6 (e)  A local go vernment that denies a housing de velopment line 7 project meeting the requirements of this section that is located in line 8 a high-resource area shall be presumed to be in violation of the line 9 Housing Accountability Act (Section 65589.5) and immediately line 10 liable for penalties pursuant to subparagraph (B) of paragraph (1) line 11 of subdivision (k) of Section 65589.5, unless the local government line 12 demonstrates, pursuant to the standards in subdivisions (j) and (o) line 13 of Section 65589.5, that it has a health, life, or safety reason for line 14 denying the project.
line 15 65912.158. Notwithstanding any other provision of this chapter, line 16 a transit agency may adopt objective standards for both residential line 17 and commercial developments proposed to be constructed on land line 18 owned by the transit agency or on which the transit agency has a line 19 permanent operating easement, if the objecti ve standards allo w line 20 for the same or greater de velopment intensity as that allo wed by line 21 local standards or applicable state law.
line 22 65912.159. A housing development project proposed pursuant line 23 to Section 65912.157 shall be eligible for streamlined ministerial line 24 approval pursuant to Section 65913.4 in accordance with all of the line 25 following:
line 26 (a)  The proposed project shall be e xempt from subparagraph line 27 (A) of paragraph (4) of, paragraph (5) of, and clause (i v) of line 28 subparagraph (A) of paragraph (6) of, subdi vision (a) of Section line 29 65913.4.
line 30 (b)  The proposed project shall comply with the af fordability line 31 requirements in subclauses (I) through (III), inclusi ve, of clause line 32 (i) of subparagraph (B) of paragraph (4) of subdi vision (a) of line 33 Section 65913.4.
line 34 (c)  The proposed project shall comply with all other line 35 requirements of Section 65913.4, including, but not limited to, the line 36 prohibition against a site that is within a v ery high fire hazard line 37 severity zone, pursuant to subparagraph (D) of paragraph (6) of line 38 subdivision (a) of Section 65913.4.
line 39 65912.160. (a)  The department shall oversee compliance with line 40 this chapter, including, but not limited to, promulgating standards 96 SB 79 — 25 —

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line 1 on how to account for capacity pursuant to this chapter in a city line 2 or county’s inventory of land suitable for residential development, line 3 pursuant to Section 65583.2.
line 4 (b)  (1)  A local go vernment may adopt an ordinance to line 5 implement the pro visions of this chapter , which may include line 6 revisions to applicable zoning requirements on indi vidual sites line 7 within a transit-oriented de velopment zone, pro vided that those line 8 revisions maintain the average density allowed for the applicable line 9 tier, or up to a 100-percent increase, subject to re view by the line 10 department pursuant to paragraph (3).
line 11 (2)  An ordinance adopted to implement this section shall not line 12 be considered a project under Di vision 13 (commencing with line 13 Section 21000) of the Public Resources Code.
line 14 (3)  (A)  A local go vernment shall submit a cop y of an y line 15 ordinance adopted pursuant to this section to the department within line 16 60 days of adoption.
line 17 (B)  Upon receipt of an ordinance pursuant to this paragraph, line 18 the department shall review that ordinance and determine whether line 19 it complies with this section. If the department determines that the line 20 ordinance does not comply with this section, the department shall line 21 notify the local go vernment in writing and pro vide the local line 22 government a reasonable time, not to exceed 30 days, to respond line 23 before taking further action as authorized by this section. line 24 (C)  The local government shall consider any findings made by line 25 the department pursuant to subparagraph (B) and shall do one of line 26 the following:
line 27 (i)  Amend the ordinance to comply with this section. line 28 (ii)  Adopt the ordinance without changes. The local government line 29 shall include findings in its resolution adopting the ordinance that line 30 explain the reasons the local go vernment belie ves that the line 31 ordinance complies with this section despite the findings of the line 32 department.
line 33 (D)  If the local go vernment does not amend its ordinance in line 34 response to the department’s findings or does not adopt a resolution line 35 with findings explaining the reason the ordinance complies with line 36 this chapter and addressing the department’ s findings, the line 37 department shall notify the local go vernment and may notify the line 38 Attorney General that the local government is in violation of this line 39 section.
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line 1 65912.161. The Legislature finds and declares that the state line 2 faces a housing crisis of availability and affordability, in large part line 3 due to a severe shortage of housing, and solving the housing crisis line 4 therefore requires a multif aceted, statewide approach, including, line 5 but not limited to, encouraging an increase in the o verall supply line 6 of housing, encouraging the de velopment of housing that is line 7 affordable to households at all income le vels, removing barriers line 8 to housing production, expanding homeownership opportunities, line 9 and expanding the availability of rental housing, and is a matter line 10 of statewide concern and is not a municipal af fair as that term is line 11 used in Section 5 of Article XI of the California Constitution. line 12 Therefore, this chapter applies to all cities, including charter cities. line 13 SEC. 3. Section 21080.26.5 is added to the Public Resources line 14 Code, to read:
line 15 21080.26.5. (a)  For the purposes of this section, “public line 16 project” means a project constructed by either a public agency or line 17 private entity, that, upon the completion of the construction, will line 18 be operated by a public agency.
line 19 (b)  This division shall not apply to a public or private residential, line 20 commercial, or mix ed-used project that, at the time the project line 21 application is filed, is located entirely or principally on land owned line 22 by a public transit agency, or fully or partially encumbered by an line 23 existing operating easement in f avor of a public transit agenc y, line 24 and that includes at least one of the following:
line 25 (1)  A project component identified in paragraphs (1) to (5), line 26 inclusive, or paragraph (7) of subdivision (b) of Section 21080.25. line 27 (2)  A public project for passenger rail service f acilities, other line 28 than light rail service eligible under paragraph (5) of subdi vision line 29 (b) of Section 21080.25, including the construction, line 30 reconfiguration, or rehabilitation of stations, terminals, rails, line 31 platforms, or e xisting operations f acilities, which will be line 32 exclusively used by zero-emission or electric trains. The project line 33 shall be located on land owned by a public transit agency, or land line 34 fully or partially encumbered by an e xisting operating easement line 35 in f avor of a public transit agenc y, at the time the project line 36 application is filed.
line 37 (3)  An agreement between the project applicant and public line 38 transit agency that owns the land or has the permanent operating line 39 easement to finance transit capital infrastructure, transit line 40 maintenance, or transit operations, including through a proposed 96 SB 79 — 27 —

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line 1 public financing district, community financing district, or tax line 2 increment generated by the project.
line 3 (c) If a project described in subdi vision (b) requires the line 4 construction of ne w passenger rail storage and maintenance line 5 facilities at a publicly or privately owned offsite location distinct line 6 from the principal project site, then that project shall be considered line 7 a wholly separate project from the project described in subdivision line 8 (b) and shall not be e xempt from this di vision. Any required line 9 environmental re view shall not af fect or render in valid the line 10 exemption provided in subdivision (b), regardless of whether the line 11 project described in subdi vision (b) cannot proceed unless the line 12 offsite facilities are constructed.
line 13 SEC. 4. No reimbursement is required by this act pursuant to line 14 Section 6 of Article XIIIB of the California Constitution because line 15 a local go vernment or school district has the authority to le vy line 16 service char ges, fees, or assessments sufficient to pay for the line 17 program or le vel of service mandated by this act, within the line 18 meaning of Section 17556 of the Government Code.

O
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ATTACHMENT 12

May 13, 2025

The Honorable Scott Wiener
Senator, California State Senate
1021 O St, Suite 8620
Sacramento, CA 95814

RE: Letter of Opposition – SB 79 (Wiener) Transit-oriented Development

Dear Senator Wiener,

The City of Clovis writes to express our strong opposition to your SB 79 (Wiener), which would disregard state-certified housing elements and bestow land use authority to transit agencies without any requirement that developers build housing, let alone affordable housing.

SB 79 doubles down on the recent trend of the state overriding its own mandated local housing elements. This latest overreaching effort forces cities to approve transit-oriented development projects near specified transit stops — up to seven stories high and a density of 120 homes per acre — without regard to the community's needs, environmental review, or public input.

Most alarmingly, SB 79 defies cities’ general plans and provides transit agencies unlimited land use authority on property they own or have a permanent easement, regardless of the distance from a transit stop. Transit agencies would have the power to determine all aspects of the development including heigh t, density, and design, without any regard to local zoning or planning.

This broad new authority applies to both residential and commercial development. Transit agencies could develop 100% commercial projects — even at transit stops — and not provide a single new home, while simultaneously making the argument that more housing must be constructed around transit stops.

The City of Clovis appreciates and respects your desire to pursue a housing production proposal. However, as currently drafted, SB 79 will not spur much -needed housing construction in a manner that supports local flexibility, decision -making, and community 188
AGENDA ITEM NO. 13.

City Hall Administration • 1033 Fifth Street, Clovis, CA 93612 • 559.324.2010 • TTY -711 www.cityofclovis.com
input. State-driven ministerial or by-right housing approval processes fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements.

California will never produce the number of homes needed with an increasingly state - driven, by-right housing process. What we really need is a sustainable state investment that matches the scale of this decades-in-the-making crisis. For these reasons, the City of Clovis strongly opposes SB 79.

Sincerely,

Vong Mouanoutoua
Mayor, City of Clovis
cc. League of California Cities, [email protected] Rajveer Rakkar, Regional Public Affairs Manager, [email protected]

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AMENDED IN ASSEMBLY MAY 5, 2025
AMENDED IN ASSEMBLY MARCH 25, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 942
Introduced by Assembly Member Calderon
February 19, 2025
An act to add Section 2827.2 to the Public Utilities Code, relating to electricity.
legislative counsel’s digest
AB 942, as amended, Calderon. Net energy metering: eligible customer-generators: tariffs.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are generally under the direction of their governing boards. Existing law requires each electrical utility, including each electrical corporation, local publicly owned electric utility, electrical cooperative, or other entity that offers electrical service, except as specified, to develop a standard contract or tariff that provides for net energy metering (NEM), which, among other things, compensates each eligible customer-generator, as defined, for the electricity it generated during a preceding 12-month period that exceeds the electricity supplied by the electrical utility through the electrical grid to the eligible customer-generator during that same period, as provided.

Existing law requires each electrical utility to make the contract or tariff available to eligible customer-generators, upon request, on a first-come-first-served basis until the time that the total rated generating capacity used by those eligible customer-generators exceeds 5% of the 97 Attachment 13 190
AGENDA ITEM NO. 13.
electrical utility’s aggregate customer peak demand, except as specified.

This contract or tariff is commonly known as NEM 1.0.

Existing la w requires the commission to de velop an additional standard contract or tarif f, which may include NEM, for eligible customer-generators that are customers of large electrical corporations, as defined. Existing la w requires each lar ge electrical corporation to offer this standard contract or tariff to its eligible customer-generators beginning July 1, 2017, or before that date if ordered to do so by the commission because it has reached the above-mentioned 5% NEM 1.0 program limit, and prohibits limiting the amount of generating capacity or the number of ne w eligible customer-generators entitled to receive service pursuant to this standard contract or tarif f, as specified. This contract or tarif f is commonly kno wn as NEM 2.0. Existing la w authorizes the commission to re vise the standard contract or tarif f as appropriate to achieve specified objectives.

Pursuant to its authority, the commission adopted Decision 22-12-056 (December 19, 2022), commonly kno wn as the net billing tarif f, that creates a successor tarif f to the NEM 1.0 and 2.0 tarif fs and includes specified elements, including, among other things, retail e xport compensation rates based on hourly a voided cost calculator v alues averaged across days in a month, as specified, and an a voided cost calculator plus adder , based on cents per kilo watt-hour e xported, available during the first 5 years of the successor tarif f, as specified, known as the avoided cost calculator plus glide path.

This bill w ould provide that, on and after July 1, 2026, an eligible customer-generator that has taken service pursuant to NEM 1.0 or 2.0 for 10 or more years is no longer entitled to tak e service under that contract or tariff. The bill would require that eligible customer-generator to take service under the then-current applicable tarif f adopted by the commission after December 1, 2022, disqualify that eligible customer-generator from eligibility for the avoided cost calculator plus glide path, as specified, and w ould require the eligible customer-generator to pay all nonbypassable charges that are applicable to customers that are not eligible customer-generators.

This bill w ould, on and after January 1, 2026, for a customer that becomes a new eligible customer-generator by purchasing real property that contains a rene wable electrical generation f acility upon which a prior eligible customer-generator took service, require the new eligible customer-generator to tak e service under the then-current applicable tariff adopted by the commission after December 1, 2022, w ould 97 — 2 — AB 942

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disqualify the new eligible customer-generator from eligibility for the avoided cost calculator plus glide path, as specified, and would require the new eligible customer-generator to pay all nonbypassable char ges that are applicable to customers that are not eligible customer-generators.

This bill would authorize the commission to adopt a new tariff for an above-described eligible customer -generator that has tak en service pursuant to NEM 1.0 or 2.0 for 10 or more years, or a ne w eligible customer-generator that purchased real property that contains a renewable electrical generation f acility, and to require those eligible customer-generators to use that ne w tariff if it results in a lo wer cost impact on customers who are not eligible customer-generators than the prior tariff that w as applicable to those eligible customer -generators, as provided.

Existing law, the California Global Warming Solutions Act of 2006, designates the State Air Resources Board as the state agenc y charged with monitoring and re gulating sources of emissions of greenhouse gases and requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030.

The act, until January 1, 2031, authorizes the state board to adopt a regulation establishing a mark et-based compliance mechanism that meets certain requirements. Pursuant to this authority , the state board adopted the Cap-and-Trade Program that, among other things, mak es certain electrical distrib ution utilities eligible for direct allocation of greenhouse gas allowances, as specified.

Existing law requires the commission to require revenues, including any accrued interest, recei ved by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electric utilities pursuant to the program, as pro vided, to be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporation.

This bill w ould, be ginning January 1, 2026, disqualify eligible customer-generators from receiving this credit.

Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because a violation of a commission action implementing this bill’s requirements would be a crime, the bill would impose a state-mandated local program.

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

Statutory provisions establish procedures for making that reimbursement. 97 AB 942 — 3 —

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Le gislature finds and declares all of the line 2 following:
line 3 (a)  Senate Bill 100 of the 2017–18 Re gular Session (Chapter line 4 312 of the Statutes of 2018) established the state policy that eligible line 5 renewable energy resources and zero-carbon resources supply 100 line 6 percent of all retail sales of electricity to California end-use line 7 customers by 2045. Senate Bill 1020 of the 2021–22 Re gular line 8 Session (Chapter 361 of the Statutes of 2022) established the same line 9 100 percent renewable energy procurement standard for electricity line 10 serving all state agencies by 2035.
line 11 (b)  Senate Bill 1078 of the 2001–02 Regular Session (Chapter line 12 516 of the Statutes of 2002) established the California Renewables line 13 Portfolio Standard Program, which has been subsequently amended line 14 to require all load-serving entities to procure 60 percent of their line 15 electricity portfolios from eligible renewable energy resources by line 16 2030.
line 17 (c)  Rooftop solar has been integral towards meeting the state’s line 18 clean ener gy goals, with o ver 2,000,000 solar installations in line 19 California as of 2024.
line 20 (d)  Subsidies for residential rooftop solar ha ve been provided line 21 to spur installation since the enactment of Senate Bill 656 of the line 22 1995–96 Regular Session (Chapter 369 of the Statutes of 1995). line 23 These subsidies offer solar customers credits on their electricity line 24 bills for the self-generated electricity the y send back to the line 25 electrical grid.
line 26 (e)  The current rates of these subsidies create a significant line 27 shortfall for co vering the fix ed costs of the electrical grid, and line 28 nonsolar ratepayers make up the difference, often referred to as a line 29 cost shift.
line 30 (f)  According to the Public Advocate’s Office of the Public line 31 Utilities Commission, this cost shift on nonrooftop solar customers line 32 of Pacific Gas and Electric Company, Southern California Edison line 33 Company, and San Die go Gas & Electric Compan y has gro wn 97 — 4 — AB 942

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line 1 from $3.4 billion annually in 2021 to $8.5 billion annually by the line 2 end of 2024. These trends suggest that the cost shift will continue line 3 to grow.
line 4 (g)  For the average nonsolar ratepayer, this cost shift accounts line 5 for 21 to 27 percent, inclusive, of their electricity bill. line 6 (h)  In 2023, the average annual household income of residential line 7 rooftop solar customers was an estimated $115,000. line 8 (i)  Conversely, in 2021, lo w-income customers that were line 9 enrolled in the California Alternate Rates for Ener gy program line 10 represented 28 percent of total residential customers, but only 13.1 line 11 percent of these customers benefited from rooftop solar subsidy line 12 programs.
line 13 (j)  As the o verall cost of li ving increases in the state, the line 14 Legislature must mitig ate cost shift inequities and reduce utility line 15 bills by evaluating programs funded by utility ratepayers. line 16 SEC. 2. Section 2827.2 is added to the Public Utilities Code, line 17 to read:
line 18 2827.2. (a)  (1)  Notwithstanding Section 2827, Section 2827.1, line 19 and any decision of the commission, on and after July 1, 2026, an line 20 eligible customer-generator that has taken service for 10 or more line 21 years pursuant to a standard contract or tariff developed pursuant line 22 to Section 2827 or 2827.1 shall no longer be entitled to take service line 23 under that standard contract or tariff.
line 24 (2)  On and after July 1, 2026, all of the follo wing shall apply line 25 to the eligible customer-generator described in paragraph (1):
line 26 (A)  The eligible customer -generator shall tak e service under line 27 the then-current applicable tarif f adopted by the commission line 28 pursuant to Section 2827.1 after December 1, 2022. line 29 (B)  The eligible customer-generator shall not be eligible for the line 30 avoided cost calculator plus glide path pro vided in commission line 31 Decision 22-12-056 (December 19, 2022), Order Instituting line 32 Rulemaking to Re visit Net Ener gy Metering Tariffs Pursuant to line 33 Decision 16-01-044, and to Address Other Issues Related to Net line 34 Energy Metering.
line 35 (C)  The eligible customer-generator shall pay all nonbypassable line 36 charges that are applicable to customers that are not eligible line 37 customer-generators.
line 38 (b)  On
line 39 2827.2. (a)  On and after January 1, 2026, all of the following line 40 shall apply to a customer that becomes a ne w eligible 97 AB 942 — 5 —

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line 1 customer-generator by purchasing real property that contains a line 2 renewable electrical generation facility upon which a prior eligible line 3 customer-generator took service:
line 4 (1)  The new eligible customer-generator shall take service under line 5 the then-current applicable tarif f adopted by the commission line 6 pursuant to Section 2827.1 after December 1, 2022. line 7 (2)  The new eligible customer -generator shall not be eligible line 8 for the a voided cost calculator plus glide path pro vided in line 9 commission Decision 22-12-056 (December 19, 2022), Order line 10 Instituting Rulemaking to Re visit Net Ener gy Metering Tariffs line 11 Pursuant to Decision 16-01-044, and to Address Other Issues line 12 Related to Net Energy Metering.
line 13 (3)  The ne w eligible customer -generator shall pay all line 14 nonbypassable charges applicable to customers who are not eligible line 15 customer-generators.
line 16 (c)
line 17 (b)  The commission may adopt a ne w tarif f for eligible line 18 customer-generators described in subdivision (a) or new eligible line 19 customer generators customer-generators described in subdivision line 20 (b), (a), and may require those eligible customer-generators to use line 21 that new tariff if it results in a lower cost impact on customers who line 22 are not eligible customer-generators than the prior tariff that was line 23 applicable to those eligible customer-generators. line 24 (d)
line 25 (c)  On and after January 1, 2026, eligible customer-generators line 26 shall not receive the customer credit provided in Section 748.5. line 27 (e)
line 28 (d)  For purposes of this section, both of the following definitions line 29 apply:
line 30 (1)  “Eligible customer -generator” has the same meaning as line 31 defined in Section 2827.
line 32 (2)  “Renewable electrical generation f acility” has the same line 33 meaning as in Section 2827.
line 34 SEC. 3. No reimbursement is required by this act pursuant to line 35 Section 6 of Article XIIIB of the California Constitution because line 36 the only costs that may be incurred by a local agenc y or school line 37 district will be incurred because this act creates a ne w crime or line 38 infraction, eliminates a crime or infraction, or changes the penalty line 39 for a crime or infraction, within the meaning of Section 17556 of line 40 the Government Code, or changes the definition of a crime within 97 — 6 — AB 942

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line 1 the meaning of Section 6 of Article XIII B of the California line 2 Constitution.

O
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ATTACHMENT 14

May 13, 2025

The Honorable Lisa Calderon
California State Assembly
1021 O St, Suite 4650
Sacramento, CA 95814

RE: Letter of Opposition – AB 942 (Calderon) Net energy metering: eligible customer-generators: tariffs

Dear Assemblymember Calderon,

On behalf of the City of Clovis, I am writing to express our opposition to Assembly Bill (AB) 942, which proposes substantial changes to California’s Net Energy Metering (NEM) policy. We believe these changes pose a significant threat to the continued grow th of distributed solar energy within our city, Central Valley, and the state at large with potentially harmful consequences for our residents, economy, and environmental goals.

The City of Clovis recognizes the critical role that renewable energy plays i n building a sustainable and resilient future. Existing NEM policies have been essential in encouraging investments in on-site solar energy systems by homeowners, schools, small businesses, and agricultural operations. These investments not only reduce energy costs and improve energy independence but also create local jobs and promote environmental stewardship throughout our community.

AB 942 threatens to undermine these benefits by introducing new, less favorable tariff structures that would apply to curr ent and future solar customers. We are particularly concerned about the bill’s retroactive impact on existing solar users , individuals, and organizations that made significant financial commitments under the promise of long - standing rules and projected cos t savings. Changing these terms midstream is inequitable, introduces uncertainty into the market, and risks eroding public trust in California’s energy policies.

For cities like Clovis, which are actively expanding local clean energy projects and working to manage rising utility costs, this legislation represents a step backward. By diminishing the value of distributed solar, AB 942 would directly discourage future solar 197
AGENDA ITEM NO. 13.

City Hall Administration • 1033 Fifth Street, Clovis, CA 93612 • 559.324.2010 • TTY -711 www.cityofclovis.com
adoption, reduce opportunities for our residents to control their energy bills, and place an outsized burden on low - and middle-income households, many of whom have turned to solar as a practical, long-term cost-saving solution.

We urge the Legislature to consider the broader implications of this policy. The State should focus on refining and improving the NEM framework in a way that is fair, predictable, and supportive of continued clean energy growth. Any adjustments to cost recovery should be carefully crafted to preserve the core economic incentives that have enabled widespread solar ad option, while also protecting the commitments made by existing solar customers under the current system.

For these reasons, the City of Clovis strongly opposes Assembly Bill 942.

Sincerely,

Vong Mouanoutoua
Mayor, City of Clovis
cc. League of California Cities, [email protected] Rajveer Rakkar, Regional Public Affairs Manager, [email protected]

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AMENDED IN ASSEMBLY APRIL 24, 2025
AMENDED IN ASSEMBLY MARCH 28, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 647
Introduced by Assembly Member Mark González
(Coauthor: Assembly Member Wicks)
February 13, 2025
An act to amend Section 65585 of, and to add Section 65852.22 to, the Government Code, relating to housing.
legislative counsel’s digest
AB 647, as amended, Mark González. Housing development
approvals: residential units.
(1) Existing law, the Planning and Zoning law, requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, among other requirements, that the parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as defined, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as defined. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with specified provisions, except as provided.

This bill would require a proposed housing development containing no more than 8 residential units that is located on a lot with an existing 97 Attachment 15 199
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single-family home or is zoned for 8 or fe wer residential units to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, among other requirements, that the proposed housing de velopment dedicates at least one residential unit to deed-restricted af fordable housing to households making at or belo w 80% of the area median income, as specified. The bill w ould prohibit a local agenc y from applying any development standard that will have the effect of physically precluding the construction of a housing development that meets those requirements, as specified, and from imposing on a housing development subject to these provisions any objective zoning standard or objective design standard that meets certain criteria, including imposing an y requirement that applies to a project solely or partially on the basis that the housing development receives approval pursuant to these provisions.

The bill w ould prohibit a setback, height limitation, lot co verage limitation, floor area ratio, or other standard that would limit residential development capacity from being required for certain structures.

Existing la w requires an application for a proposed housing development containing no more than 2 residential units within a single-family residential zone, as described abo ve, to be considered approved or denied within 60 days from the date the local agenc y receives a completed application, and requires the application to be deemed appro ved if the agenc y has not appro ved or denied the application within those 60 days. Existing la w requires a permitting agency that denies an application described abo ve to, within 60 days from the date the local agency receives the application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of ho w the application can be remedied by the applicant. Existing la w authorizes a local agenc y to adopt an ordinance to implement these provisions, as specified.

This bill w ould require a local agenc y to ministerially consider , without discretionary review or a hearing, an application submitted to the local agency pursuant to these pro visions, and to approve or deny an application for a housing de velopment project submitted to a local agency pursuant to these pro visions within 60 days from the date the local agency receives the completed application. The bill would deem an application approved if the local agenc y does not approve or deny the completed application within those 60 days. The bill would require a local agency that denies an application, within 60 days from the date the local agency receives the completed application, to return in writing 97 — 2 — AB 647

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a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application. By requiring local planning officials to re view and approve applications for housing de velopment projects, as described above, this bill would impose a state-mandated local program.

The bill w ould authorize a local agenc y to disappro ve a housing development project that meets the above-described requirements if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as specified, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill w ould authorize a local agenc y to adopt an ordinance to implement these provisions, as specified. The bill would specify that an application for a proposed housing development submitted pursuant to these pr ovisions is ineligible for , among other things, a density bonus, as specified.
(2) Existing law requires a city or county to adopt a general plan for land use de velopment within its boundaries that includes certain mandatory elements. Existing law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with specified pro visions of that la w.

Existing law requires the department to notify a city , county, or city and county, and authorizes the department to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that, among other things, the local government has taken action in violation of specified provisions of law.

This bill w ould also include among those specified pro visions the changes proposed by the bill.
(3) Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an en vironmental impact report on a project that it proposes to carry out or appro ve that may ha ve a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the appro val of ministerial projects.
97 AB 647 — 3 —

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By establishing a streamlined, ministerial approval process for certain housing developments, this bill w ould expand the e xemption for the ministerial appro val of projects under CEQA. Under the bill, an ordinance adopted by a local agenc y to implement certain pro visions of the bill would not be considered a project under CEQA. (4) The bill w ould include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known, and may be cited, as the line 2 Better Urban Infill and Livable Design (BUILD) Housing Act of line 3 2025.
line 4 SEC. 2. Section 65585 of the Government Code is amended line 5 to read:
line 6 65585. (a) In the preparation of its housing element, each city line 7 and county shall consider the guidelines adopted by the department line 8 pursuant to Section 50459 of the Health and Safety Code. Those line 9 guidelines shall be advisory to each city or county in the line 10 preparation of its housing element.
line 11 (b) (1) (A) At least 90 days prior to adoption of a re vision of line 12 its housing element pursuant to subdivision (e) of Section 65588, line 13 or at least 60 days prior to the adoption of a subsequent amendment line 14 to this element, the planning agency shall submit a draft element line 15 revision or draft amendment to the department. The local line 16 government of the planning agenc y shall mak e the first draft line 17 revision of a housing element available for public comment for at line 18 least 30 days and, if an y comments are recei ved, the local line 19 government shall take at least 10 b usiness days after the 30-day line 20 public comment period to consider and incorporate public line 21 comments into the draft re vision prior to submitting it to the line 22 department. F or an y subsequent draft re vision, the local 97 — 4 — AB 647

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line 1 government shall post the draft revision on its internet website and line 2 shall email a link to the draft re vision to all indi viduals and line 3 organizations that ha ve previously requested notices relating to line 4 the local government’s housing element at least seven days before line 5 submitting the draft revision to the department. line 6 (B)  The planning agenc y staf f shall collect and compile the line 7 public comments regarding the housing element recei ved by the line 8 city, county, or city and county and pro vide these comments to line 9 each member of the legislative body before it adopts the housing line 10 element.
line 11 (C)  The department shall review the draft and report its written line 12 findings to the planning agency within 90 days of its receipt of the line 13 first draft submittal for each housing element revision pursuant to line 14 subdivision (e) of Section 65588 or within 60 days of its receipt line 15 of a subsequent draft amendment or an adopted revision or adopted line 16 amendment to an element. The department shall not re view the line 17 first draft submitted for each housing element re vision pursuant line 18 to subdivision (e) of Section 65588 until the local government has line 19 made the draft available for public comment for at least 30 days line 20 and, if comments were recei ved, has tak en at least 10 b usiness line 21 days to consider and incorporate public comments pursuant to line 22 paragraph (1).
line 23 (2)  (A)  At least 90 days prior to the initial adoption of a revision line 24 of its housing element pursuant to subdivision (e) of Section 65588, line 25 and at least 7 days prior to an y subsequent adoption submittal if line 26 changes have occurred to the inventory of sites, a local government line 27 shall do both of the following:
line 28 (i)  Make a draft of its in ventory of sites required pursuant to line 29 paragraph (3) of subdivision (a) of Section 65583 available to the line 30 department and the public and post the draft in ventory on its line 31 internet website.
line 32 (ii)  Send an email to all individuals and organizations that have line 33 previously requested notices notifying them that the inventory has line 34 been updated that includes a link to the draft in ventory on its line 35 website.
line 36 (B)  The requirements of this paragraph shall apply to the seventh line 37 and each subsequent revision of the housing element. line 38 (c)  In the preparation of its findings, the department may consult line 39 with any public agenc y, group, or person. The department shall line 40 receive and consider an y written comments from an y public 97 AB 647 — 5 —

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line 1 agency, group, or person re garding the draft or adopted element line 2 or amendment under review.
line 3 (d)  In its written findings, the department shall determine line 4 whether the draft element or draft amendment substantially line 5 complies with this article.
line 6 (e)  Prior to the adoption of its draft element or draft amendment, line 7 the le gislative body shall consider the findings made by the line 8 department. If the department’s findings are not a vailable within line 9 the time limits set by this section, the le gislative body may act line 10 without them.
line 11 (f)  If the department finds that the draft element or draft line 12 amendment does not substantially comply with this article, the line 13 legislative body shall take one of the following actions:
line 14 (1)  (A)  Change the draft element or draft amendment to line 15 substantially comply with this article.
line 16 (B)  Any change to a draft element or draft amendment pursuant line 17 to subparagraph (A) shall be completed in accordance with line 18 subdivision (b). This subparagraph does not constitute a change line 19 in, but is declaratory of, existing law.
line 20 (2)  Adopt the draft element or draft amendment without changes. line 21 The legislative body shall include in its resolution of adoption line 22 written findings that e xplain the reasons the le gislative body line 23 believes that the draft element or draft amendment substantially line 24 complies with this article despite the findings of the department. line 25 (g)  (1)  Promptly follo wing the adoption of its element or line 26 amendment, the planning agency shall submit a copy of the adopted line 27 element or amendment and an y findings made pursuant to line 28 paragraph (2) of subdivision (f) to the department. line 29 (2)  This subdivision shall not be construed to excuse a legislative line 30 body from complying with subdi vision (f). This paragraph does line 31 not constitute a change in, but is declaratory of, existing law. line 32 (h)  The department shall, within 60 days, re view adopted line 33 housing elements or amendments and an y findings pursuant to line 34 paragraph (2) of subdivision (f), make a finding as to whether the line 35 adopted element or amendment is in substantial compliance with line 36 this article, and report its findings to the planning agency. line 37 (i)  (1)  (A)  The department shall re view any action or f ailure line 38 to act by the city, county, or city and county that it determines is line 39 inconsistent with an adopted housing element or Section 65583, line 40 including any failure to implement any program actions included 97 — 6 — AB 647

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line 1 in the housing element pursuant to Section 65583. The department line 2 shall issue written findings to the city, county, or city and county line 3 as to whether the action or f ailure to act substantially complies line 4 with this article, and provide a reasonable time no longer than 30 line 5 days for the city , county, or city and county to respond to the line 6 findings before taking any other action authorized by this section, line 7 including the action authorized by subparagraph (C). line 8 (B)  If the department finds that the city’s, county’s, or city and line 9 county’s action or failure to act does not substantially comply with line 10 its adopted housing element or its obligations pursuant to Section line 11 65583, there shall be a rebuttable presumption of invalidity in any line 12 legal action challenging that action or failure to act. line 13 (C)  If the department finds that the action or f ailure to act by line 14 the city, county, or city and county does not substantially comply line 15 with this article, and if it has issued findings pursuant to this section line 16 that an amendment to the housing element substantially complies line 17 with this article, the department may re voke its findings until it line 18 determines that the city, county, or city and county has come into line 19 compliance with this article.
line 20 (2)  The department may consult with an y local go vernment, line 21 public agency, group, or person, and shall recei ve and consider line 22 any written comments from any public agency, group, or person, line 23 regarding the action or f ailure to act by the city , county, or city line 24 and county described in paragraph (1), in determining whether the line 25 housing element substantially complies with this article. line 26 (j)  The department shall notify the city , county, or city and line 27 county and may notify the office of the Attorney General that the line 28 city, county, or city and county is in violation of state la w if the line 29 department finds that the housing element or an amendment to this line 30 element, or an y action or f ailure to act described in subdi vision line 31 (i), does not substantially comply with this article or that any local line 32 government has taken an action in violation of the following:
line 33 (1)  Housing Accountability Act (Section 65589.5). line 34 (2)  Section 65863.
line 35 (3)  Chapter 4.3 (commencing with Section 65915). line 36 (4)  Section 65008.
line 37 (5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, line 38 Sections 65941.1, 65943, and 66300).
line 39 (6)  Section 8899.50.
line 40 (7)  Section 65913.4.
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line 1 (8)  Article 11 (commencing with Section 65650). line 2 (9)  Article 12 (commencing with Section 65660). line 3 (10)  Section 65913.11.
line 4 (11)  Section 65400.
line 5 (12)  Section 65863.2.
line 6 (13)  Chapter 4.1 (commencing with Section 65912.100). line 7 (14)  Section 65905.5.
line 8 (15)  Chapter 13 (commencing with Section 66310). line 9 (16)  Section 65852.21.
line 10 (17)  Section 65852.22.
line 11 (18)  Section 65852.24.
line 12 (19)  Section 66411.7.
line 13 (20)  Section 65913.16.
line 14 (21)  Article 2 (commencing with Section 66300.5) of Chapter line 15 12.
line 16 (22)  Section 65852.28.
line 17 (23)  Section 65913.4.5.
line 18 (24)  Section 66499.41.
line 19 (25)  Homeless Housing, Assistance, and Pre vention program line 20 (Chapter 6 (commencing with Section 50216) and Chapter 6.5 line 21 (commencing with Section 50230) of Part 1 of Division 31 of the line 22 Health and Safety Code).
line 23 (26)  Encampment Resolution Funding program (Chapter 7 line 24 (commencing with Section 50250) of Part 1 of Division 31 of the line 25 Health and Safety Code).
line 26 (27)  Family Homelessness Challenge Grants and Technical line 27 Assistance Program (Chapter 8 (commencing with Section 50255) line 28 of Part 1 of Division 31 of the Health and Safety Code). line 29 (28)  (A)  Article 11.5 (commencing with Section 65658). line 30 (B)  This paragraph shall become operati ve only if Assembly line 31 Bill 3068 of the 2023–24 Re gular Session of the Le gislature is line 32 enacted and takes effect on or before January 1, 2025. line 33 (k)  Commencing July 1, 2019, prior to the Attorney General line 34 bringing any suit for a violation of the pro visions identified in line 35 subdivision (j) related to housing element compliance and seeking line 36 remedies available pursuant to this subdi vision, the department line 37 shall offer the jurisdiction the opportunity for tw o meetings in line 38 person or via telephone to discuss the violation, and shall provide line 39 the jurisdiction written findings re garding the violation. This line 40 paragraph does not af fect any action filed prior to the ef fective 97 — 8 — AB 647

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line 1 date of this section. The requirements set forth in this subdivision line 2 do not apply to an y suits brought for a violation or violations of line 3 paragraphs (1) and (3) to (9), inclusive, of subdivision (j). line 4 (l) In any action or special proceeding brought by the Attorney line 5 General relating to housing element compliance pursuant to a line 6 notice or referral under subdivision (j), the Attorney General may line 7 request, upon a finding of the court that the housing element does line 8 not substantially comply with the requirements of this article line 9 pursuant to this section, that the court issue an order or judgment line 10 directing the jurisdiction to bring its housing element into line 11 substantial compliance with the requirements of this article. The line 12 court shall retain jurisdiction to ensure that its order or judgment line 13 is carried out. If a court determines that the housing element of line 14 the jurisdiction substantially complies with this article, it shall line 15 have the same force and effect, for purposes of eligibility for any line 16 financial assistance that requires a housing element in substantial line 17 compliance and for purposes of an y incentives pro vided under line 18 Section 65589.9, as a determination by the department that the line 19 housing element substantially complies with this article. line 20 (1) If the jurisdiction has not complied with the order or line 21 judgment after 12 months, the court shall conduct a status line 22 conference. Following the status conference, upon a determination line 23 that the jurisdiction f ailed to comply with the order or judgment line 24 compelling substantial compliance with the requirements of this line 25 article, the court shall impose fines on the jurisdiction, which shall line 26 be deposited into the Building Homes and Jobs Trust Fund. Any line 27 fine le vied pursuant to this paragraph shall be in a minimum line 28 amount of ten thousand dollars ($10,000) per month, but shall not line 29 exceed one hundred thousand dollars ($100,000) per month, except line 30 as pro vided in paragraphs (2) and (3). In the e vent that the line 31 jurisdiction fails to pay fines imposed by the court in full and on line 32 time, the court may require the Controller to intercept any available line 33 state and local funds and direct such funds to the Building Homes line 34 and Jobs Trust Fund to correct the jurisdiction’ s failure to pay . line 35 The intercept of the funds by the Controller for this purpose shall line 36 not violate any provision of the California Constitution. line 37 (2) If the jurisdiction has not complied with the order or line 38 judgment after three months follo wing the imposition of fees line 39 described in paragraph (1), the court shall conduct a status line 40 conference. Following the status conference, if the court finds that 97 AB 647 — 9 —

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line 1 the fees imposed pursuant to paragraph (1) are insufficient to bring line 2 the jurisdiction into compliance with the order or judgment, the line 3 court may multiply the fine determined pursuant to paragraph (1) line 4 by a factor of three. In the e vent that the jurisdiction f ails to pay line 5 fines imposed by the court in full and on time, the court may line 6 require the Controller to intercept an y available state and local line 7 funds and direct such funds to the Building Homes and Jobs Trust line 8 Fund to correct the jurisdiction’ s failure to pay. The intercept of line 9 the funds by the Controller for this purpose shall not violate an y line 10 provision of the California Constitution.
line 11 (3)  If the jurisdiction has not complied with the order or line 12 judgment six months follo wing the imposition of fees described line 13 in paragraph (1), the court shall conduct a status conference. Upon line 14 a determination that the jurisdiction failed to comply with the order line 15 or judgment, the court may impose the following:
line 16 (A)  If the court finds that the fees imposed pursuant to line 17 paragraphs (1) and (2) are insufficient to bring the jurisdiction into line 18 compliance with the order or judgment, the court may multiply line 19 the fine determined pursuant to paragraph (1) by a f actor of six. line 20 In the event that the jurisdiction fails to pay fines imposed by the line 21 court in full and on time, the court may require the Controller to line 22 intercept any available state and local funds and direct such funds line 23 to the Building Homes and Jobs Trust Fund to correct the line 24 jurisdiction’s f ailure to pay . The intercept of the funds by the line 25 Controller for this purpose shall not violate an y provision of the line 26 California Constitution.
line 27 (B)  The court may order remedies available pursuant to Section line 28 564 of the Code of Civil Procedure, under which the agent of the line 29 court may tak e all go vernmental actions necessary to bring the line 30 jurisdiction’s housing element into substantial compliance pursuant line 31 to this article in order to remedy identified deficiencies. The court line 32 shall determine whether the housing element of the jurisdiction line 33 substantially complies with this article and, once the court makes line 34 that determination, it shall have the same force and effect, for all line 35 purposes, as the department’ s determination that the housing line 36 element substantially complies with this article. An agent appointed line 37 pursuant to this paragraph shall ha ve e xpertise in planning in line 38 California.
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line 1 (4)  This subdivision does not limit a court’s discretion to apply line 2 any and all remedies in an action or special proceeding for a line 3 violation of any law identified in subdivision (j). line 4 (m)  In determining the application of the remedies a vailable line 5 under subdivision (l), the court shall consider whether there are line 6 any mitigating circumstances delaying the jurisdiction from coming line 7 into compliance with state housing la w. The court may consider line 8 whether a city, county, or city and county is making a good f aith line 9 effort to come into substantial compliance or is facing substantial line 10 undue hardships.
line 11 (n)  Nothing in this section shall limit the authority of the office line 12 of the Attorney General to bring a suit to enforce state la w in an line 13 independent capacity. The office of the Attorney General may seek line 14 all remedies available under law including those set forth in this line 15 section.
line 16 (o)  Notwithstanding Sections 11040 and 11042, if the Attorney line 17 General declines to represent the department in an y action or line 18 special proceeding brought pursuant to a notice or referral under line 19 subdivision (j), the department may appoint or contract with other line 20 counsel for purposes of representing the department in the action line 21 or special proceeding.
line 22 (p)  Notwithstanding any other provision of law, the statute of line 23 limitations set forth in subdivision (a) of Section 338 of the Code line 24 of Civil Procedure shall apply to any action or special proceeding line 25 brought by the office of the Attorney General or pursuant to a line 26 notice or referral under subdi vision (j), or by the department line 27 pursuant to subdivision (o).
line 28 (q)  The amendments to this section made by the act adding this line 29 subdivision shall not be construed to limit the department’s ability line 30 to enforce programmatic requirements or remedies against cities, line 31 counties, and continuums of care pursuant to the Homeless line 32 Housing, Assistance, and Pre vention program (Chapter 6 line 33 (commencing with Section 50216) and Chapter 6.5 (commencing line 34 with Section 50230) of P art 1 of Di vision 31 of the Health and line 35 Safety Code), the Encampment Resolution Funding program line 36 (Chapter 7 (commencing with Section 50250)), and the F amily line 37 Homelessness Challenge Grants and Technical Assistance Program line 38 (Chapter 8 (commencing with Section 50255)).
line 39 SEC. 3. Section 65852.22 is added to the Government Code, line 40 to read:
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line 1 65852.22. (a)  A proposed housing de velopment containing line 2 no more than eight residential units that is located on a lot with an line 3 existing single-f amily home or is zoned for eight or fe wer line 4 residential units shall be considered ministerially , without line 5 discretionary re view or a hearing, if the proposed housing line 6 development meets all of the following requirements:
line 7 (1)  (A)  The proposed housing de velopment dedicates at least line 8 one residential unit to deed-restricted af fordable housing to line 9 households making at or belo w 80 percent of the area median line 10 income. The residential unit shall be subject to a recorded deed line 11 restriction for af fordable rent for a period of 55 years for rental line 12 units and for af fordable cost for a period of 45 years for line 13 owner-occupied units.
line 14 (B)  For purposes of this paragraph, the follo wing definitions line 15 apply:
line 16 (i)  “Affordable cost” has the same meaning as ”af fordable line 17 housing cost” described in Section 50052.5 of the Health and line 18 Safety Code.
line 19 (ii)  “Affordable rent” has the same meaning as “affordable rent” line 20 described in Section 50053 of the Health and Safety Code. line 21 (iii)  “Area median income” has the same meaning as “area line 22 median income” as published by the department pursuant to Section line 23 50093 of the Health and Safety Code.
line 24 (2)  Each of the residential units in the proposed housing line 25 development may be leased, sold, or con veyed in an y manner line 26 under applicable la w, including, b ut not limited to, an y of the line 27 following:
line 28 (A)  Rental housing.
line 29 (B)  Part of a common interest de velopment, pursuant to the line 30 Davis-Stirling Common Interest De velopment Act (P art 5 line 31 (commencing with Section 4000) of Division 4 of the Civil Code). line 32 (C)  Part of a tenancy in common, as described in Section 685 line 33 of the Civil Code.
line 34 (D)  Part of a housing cooperative, as defined in Section 817 of line 35 the Civil Code.
line 36 (3)  The site of the housing de velopment project satisfies both line 37 of the following requirements:
line 38 (A)  It is located in a residential zone.
line 39 (B)  (i)  The lot is a le gal parcel located within either of the line 40 following:
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line 1 (I)  An incorporated city, the boundaries of which include some line 2 portion of an urbanized urban area.
line 3 (II)  An urbanized area or urban cluster. urban area. line 4 (ii)  For purposes of this subparagraph, the following definitions line 5 apply: “urban ar ea” means an urban ar ea designated by the line 6 United States Census Bureau, as published in the Federal Register, line 7 Volume 87, Number 249, on December 29, 2022.
line 8 (I)  “Urbanized area” means an urbanized area designated by line 9 the United States Census Bureau, as published in the Federal line 10 Register, Volume 77, Number 59, on March 27, 2012. line 11 (II)  “Urban cluster” means an urban cluster designated by the line 12 United States Census Bureau, as published in the Federal Register, line 13 Volume 77, Number 59, on March 27, 2012.
line 14 (4)  The development of the housing development project does line 15 not require the demolition or alteration of an y of the follo wing line 16 types of housing:
line 17 (A)  Housing that is subject to a recorded covenant, ordinance, line 18 or law that restricts rent to levels affordable to persons and families line 19 of low, very low, or extremely low income.
line 20 (B)  Housing that is subject to any form of rent or price control line 21 through a local public entity’s valid exercise of its police power. line 22 (C)  Housing occupied by tenants within the five years preceding line 23 the date of the application, including housing that has been line 24 demolished or that tenants have vacated before the submission of line 25 the application for a development permit.
line 26 (5)  The housing development project will be served by a public line 27 water system and a municipal sewer system.
line 28 (6)  The housing de velopment project is not located on a site line 29 that is any of the following:
line 30 (A)  (i)  An area of the coastal zone subject to paragraph (1) or line 31 (2) of subdivision (a) of Section 30603 of the Public Resources line 32 Code.
line 33 (ii)  An area of the coastal zone that is not subject to a certified line 34 local coastal program or a certified land use plan. line 35 (iii)  An area of the coastal zone that is vulnerable to fiv e feet line 36 of sea le vel rise, as determined by the National Oceanic and line 37 Atmospheric Administration, the Ocean Protection Council, the line 38 United States Geological Survey, the University of California, or line 39 a local agency’s coastal hazards vulnerability assessment. 97 AB 647 — 13 —

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line 1 (iv)  In a parcel in the coastal zone and located on either of the line 2 following:
line 3 (I)  On, or within a 100-foot radius of, a wetland, as defined in line 4 Section 30121 of the Public Resources Code.
line 5 (II)  On prime agricultural land, as defined in Sections 30113 line 6 and 30241 of the Public Resources Code.
line 7 (B)  Either prime farmland or farmland of statewide importance, line 8 as defined pursuant to United States Department of Agriculture line 9 land inventory and monitoring criteria, as modified for California, line 10 and designated on the maps prepared by the F armland Mapping line 11 and Monitoring Program of the Department of Conserv ation, or line 12 land zoned or designated for agricultural protection or preservation line 13 by a local ballot measure that w as approved by the voters of that line 14 jurisdiction.
line 15 (C)  Wetlands, as defined in the United States Fish and Wildlife line 16 Service Manual, Part 660 FW 2 (June 21, 1993).
line 17 (D)  Within a high or v ery high fire hazard se verity zone, as line 18 determined by the Department of F orestry and Fire Protection line 19 pursuant to Section 51178, or within the state responsibility area, line 20 as defined in Section 4102 of the Public Resources Code. This line 21 subparagraph does not apply to sites that have adopted fire hazard line 22 mitigation measures pursuant to e xisting b uilding standards or line 23 state fire mitig ation measures applicable to the de velopment, line 24 including, but not limited to, standards established under all of the line 25 following or their successor provisions:
line 26 (i)  Section 4291 of the Public Resources Code or Section 51182, line 27 as applicable.
line 28 (ii)  Section 4290 of the Public Resources Code. line 29 (iii)  Chapter 7A of the California Building Standards Code (Title line 30 24 of the California Code of Regulations).
line 31 (E)  A hazardous w aste site that is listed pursuant to Section line 32 65962.5 or a hazardous waste site that is otherwise designated by line 33 the Department of Toxic Substances Control, unless either of the line 34 following apply:
line 35 (i)  The site is an underground storage tank site that received a line 36 uniform closure letter issued pursuant to subdivision (g) of Section line 37 25296.10 of the Health and Safety Code based on closure criteria line 38 established by the State Water Resources Control Board for line 39 residential use or residential mix ed uses. This section does not 97 — 14 — AB 647

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line 1 alter or change the conditions to remo ve a site from the list of line 2 hazardous waste sites listed pursuant to Section 65962.5. line 3 (ii)  The State Department of Public Health, the State Water line 4 Resources Control Board, the Department of Toxic Substances line 5 Control, or a local agenc y making a determination pursuant to line 6 subdivision (c) of Section 25296.10 of the Health and Safety Code, line 7 has otherwise determined that the site is suitable for residential line 8 use or residential mixed uses.
line 9 (F)  Within a delineated earthquak e fault zone, as determined line 10 by the State Geologist in any official maps published by the State line 11 Geologist, unless the development complies with applicable seismic line 12 protection b uilding code standards adopted by the California line 13 Building Standards Commission under the California Building line 14 Standards La w (P art 2.5 (commencing with Section 18901) of line 15 Division 13 of the Health and Safety Code), and by an y local line 16 building department under Chapter 12.2 (commencing with Section line 17 8875) of Division 1 of Title 2.
line 18 (G)  Within a special flood hazard area subject to inundation by line 19 the 1-percent annual chance flood (100-year flood) as determined line 20 by the Federal Emergency Management Agency (FEMA) in any line 21 official maps published by FEMA. If a development proponent is line 22 able to satisfy all applicable federal qualifying criteria in order to line 23 provide that the site satisfies this subparagraph and is otherwise line 24 eligible for streamlined approval under this section, a local agency line 25 shall not deny the application on the basis that the de velopment line 26 proponent did not comply with any additional permit requirement, line 27 standard, or action adopted by that local agency that is applicable line 28 to that site. A development may be located on a site described in line 29 this subparagraph if either of the following are met:
line 30 (i)  The site has been subject to a Letter of Map Re vision line 31 prepared by FEMA and issued to the local jurisdiction. line 32 (ii)  The site meets FEMA requirements necessary to meet line 33 minimum flood plain management criteria of the National Flood line 34 Insurance Program pursuant to Part 59 (commencing with Section line 35 59.1) and Part 60 (commencing with Section 60.1) of Subchapter line 36 B of Chapter I of Title 44 of the Code of Federal Regulations. line 37 (H)  Within a regulatory floodway as determined by FEMA in line 38 any official maps published by FEMA, unless the de velopment line 39 has recei ved a no-rise certification in accordance with Section line 40 60.3(d)(3) of Title 44 of the Code of Federal Re gulations. If a 97 AB 647 — 15 —

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line 1 development proponent is able to satisfy all applicable federal line 2 qualifying criteria in order to pro vide that the site satisfies this line 3 subparagraph and is otherwise eligible for streamlined appro val line 4 under this section, a local agenc y shall not den y the application line 5 on the basis that the development proponent did not comply with line 6 any additional permit requirement, standard, or action adopted by line 7 that local agency that is applicable to that site. line 8 (I)  Lands identified for conserv ation in an adopted natural line 9 community conservation plan pursuant to the Natural Community line 10 Conservation Planning Act (Chapter 10 (commencing with Section line 11 2800) of Di vision 3 of the Fish and Game Code), a habitat line 12 conservation plan pursuant to the federal Endangered Species Act line 13 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural line 14 resource protection plan.
line 15 (J)  Habitat for protected species identified as candidate, line 16 sensitive, or species of special status by state or federal agencies, line 17 fully protected species, or species protected by the federal line 18 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 19 the California Endangered Species Act (Chapter 1.5 (commencing line 20 with Section 2050) of Division 3 of the Fish and Game Code), or line 21 the Native Plant Protection Act (Chapter 10 (commencing with line 22 Section 1900) of Division 2 of the Fish and Game Code). line 23 (K)  Lands under conservation easement.
line 24 (b)  (1)  A local agency shall not apply any development standard line 25 that will have the effect of physically precluding the construction line 26 of a housing de velopment that meets the requirements of line 27 subdivision (a). This subdivision shall not be interpreted to require line 28 a local agenc y to w aive or reduce de velopment standards if the line 29 waiver or reduction w ould ha ve a specific, adv erse impact, as line 30 defined in paragraph (2) of subdi vision (d) of Section 65589.5, line 31 upon the public health or safety, and for which there is no feasible line 32 method to satisf actorily mitig ate or a void the specific, adv erse line 33 impact.
line 34 (2)  Notwithstanding paragraph (1), a local agenc y shall not line 35 impose on a housing de velopment subject to this section an y line 36 objective zoning standard or objecti ve design standard that does line 37 or is any of the following:
line 38 (A)  Imposes any requirement that applies to a project solely or line 39 partially on the basis that the housing de velopment recei ves line 40 approval pursuant to this section.
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line 1 (B)  Requires a setback between the units, except as required in line 2 the California Building Standards Code (Title 24 of the California line 3 Code of Regulations).
line 4 (C)  Requires that parking be enclosed or covered. line 5 (D)  Imposes side and rear setbacks from the original lot line line 6 inconsistent with subparagraph (B) of paragraph (2) of subdivision line 7 (b) of Section 65852.21.
line 8 (E)  Imposes height restrictions less than that of one story above line 9 the maximum height otherwise applicable to the parcel. line 10 (F)  Imposes off-street parking requirements.
line 11 (G)  Imposes a floor area ratio standard that is less than 2.0. line 12 (3)  Notwithstanding paragraph (1), no setback, height limitation, line 13 lot co verage limitation, floor area ratio, or other standard that line 14 would limit residential development capacity shall be required for line 15 an existing structure or a structure constructed in the same location line 16 and within the same dimensions as an existing structure. line 17 (c)  (1)  A local agenc y shall ministerially consider , without line 18 discretionary review or a hearing, an application submitted to the line 19 local agency pursuant to this section.
line 20 (2)  A local agency shall approve or deny an application for a line 21 housing development project submitted to a local agency pursuant line 22 to this section within 60 days from the date the local agenc y line 23 receives a completed application. If the local agenc y does not line 24 approve or den y a completed application within 60 days, the line 25 application shall be deemed approved. If the local agency denies line 26 the application, the local agenc y shall, within 60 days from the line 27 date the local agenc y receives the completed application, return line 28 in writing a full set of comments to the applicant with a list of line 29 items that are defective or deficient and a description of ho w the line 30 applicant can remedy the application.
line 31 (d)  A local agenc y may disappro ve a housing de velopment line 32 project that meets the requirements of this section if it mak es a line 33 written finding, based upon a preponderance of the evidence, that line 34 the proposed housing development project would have a specific, line 35 adverse impact, as defined and determined in paragraph (2) of line 36 subdivision (d) of Section 65589.5, upon the public health and line 37 safety safety , and for which there is no feasible method to line 38 satisfactorily mitigate or avoid the specific, adverse impact. line 39 (e)  A local agenc y may adopt an ordinance to implement the line 40 provisions of this section. An ordinance adopted to implement this 97 AB 647 — 17 —

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line 1 section shall not be considered a project under Di vision 13 line 2 (commencing with Section 21000) of the Public Resources Code. line 3 (f)  An application for a proposed housing development submitted line 4 pursuant to this section shall be ineligible for a density bonus, or line 5 any incentives, concessions, waivers or reductions of development line 6 standards, or parking ratios, provided under Section 65915. line 7 (f)
line 8 (g)    The Legislature finds and declares that the pro vision of line 9 adequate housing, in light of the severe shortage of housing at all line 10 income levels in this state, is a matter of statewide concern and is line 11 not a municipal affair as that term is used in Section 5 of Article line 12 XI of the California Constitution. Therefore, this section serves a line 13 significant and legitimate public purpose by eliminating potential line 14 restrictions that could inhibit the production of adequate housing, line 15 and applies to all cities, including charter cities. line 16 (g)
line 17 (h)  For purposes of this section, “local agenc y” means a city , line 18 county, or city and county, whether general law or chartered. line 19 SEC. 4. No reimbursement is required by this act pursuant to line 20 Section 6 of Article XIIIB of the California Constitution because line 21 a local agency or school district has the authority to le vy service line 22 charges, fees, or assessments sufficient to pay for the program or line 23 level of service mandated by this act, within the meaning of Section line 24 17556 of the Government Code.

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ATTACHMENT 16

May 13, 2025

The Honorable Mark González
California State Assembly
1021 O St, Suite 6150
Sacramento, CA 95814

RE: Letter of Opposition – AB 647 (González, M.) Housing Development Approvals: Residential Units.

Dear Assemblymember González,

The City of Clovis must oppose your AB 647 (González), which would disregard state - mandated local housing elements and force cities to allow up to eight housing units — only one of which is required to be affordable — on lots with an existing single -family home or in an are a zoned for eight units or less, without any environmental review or public input.

AB 647 would empower developers to bulldoze nearly any home and replace it with eight new units. Once those units are constructed, Government Code Section 66323(a)(4) requires local jurisdictions to allow up to an additional eight ADUs on the same lot, bringing the total allowable units to sixteen, while simultaneously ignoring existing height limits, density requirements, and parking standards.

The City of Clovis appreciates your desire to pursue a proposal that boosts housing production. Unfortunately, AB 647 ignores local flexibility, decision -making, and community input, which are critical components that, when coupled with ongoing, dedicated funding, can help spur desperately needed housing construction in the state.

AB 647 and other ministerial or by-right housing approval processes fail to recognize the extensive public engagement and costs associated with developing and adopting zoning ordinances and state -mandated h ousing elements that are certified by the California Department of Housing and Community Development. It is concerning that cities are being forced to spend tens of thousands of dollars on housing plans only to have them pushed aside and replaced with one-size-fits-all zoning dictated by the Legislature.

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City Hall Administration • 1033 Fifth Street, Clovis, CA 93612 • 559.324.2010 • TTY -711 www.cityofclovis.com
For these reasons, the City of Clovis regretfully must oppose AB 647 (González).

Sincerely,

Vong Mouanoutoua
Mayor, City of Clovis
cc. League of California Cities, [email protected] Rajveer Rakkar, Regional Public Affairs Manager, [email protected]

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TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: May 12, 2025
SUBJECT: Consider Approval - Res. 2 5-___, Approving an Updated (Reduced) Water Major Facilities Development Impact Fee Schedule and providing a description of fees to be requested for County Adoption.

Staff: Thad Avery, City Engineer
Recommendation: Approve

ATTACHMENTS: 1. Res. 25-___, Approving Updated Water Major Facilities Development Impact Fee Schedule, including Fee Schedule

2. Nexus Memo

3. AB602 Findings

RECOMMENDATION
For the City Council to approve Res. 25 -___, revising the Water Major Facilities Fee in the Master Development Fee Schedule and providing a description of fees to be requested for County Adoption.

EXECUTIVE SUMMARY
After further review and analysis of the components and calculation methodology of the Water Major Facilities Development Impact Fee, and several meetings with the development community, staff propose s an updated Water Major Facilities Fee Schedule which reflect s a reduction in the Fee approved by the City Council on June 10, 2024. The proposed Fee Schedule reflects 21 percent reduction to the current Water Major Facilities Fee rates. Approval of the lower Water Major Facilities Fee will result in an approximate 5 percent decrease in the overall Development Impact Fee obligation for all projects.

BACKGROUND
On June 10, 2024 , Staff brought to Council a Development Impact Fee (DIF) increase for all fees. Most fees were increased by the Engineering News Record Construction Cost Index (CCI) as authorized by section 3.10.02(a) of the Municipal Code, excluding the Water Major Facilities Fee. A comprehensive update was performed on the Water Major Facilities Fee and an increase of 104% was proposed. Council approved the proposed increases to all the development fees based on CCI, including the 104% increase to the Water Major Facilities Fee. The new fee rates 219
AGENDA ITEM NO. 14.
went into effect on August 12, 2024, which was at least 60 days after Council approval as required by Government Code section 66017 for increased fees.

Shortly after the new fees went into effect, the City received a letter from the BIA challenging the fee methodology, assumptions, and financing specifically for the Water Major Facilities Fee. To address the concerns outlined in the letter from the BIA, c ity staff set up a working group with the BIA and their consultant to review and evaluate the components, cost estimates, and methodology of the Water Major Facilities Fee. City staff also worked with an outside consultant to develop a new fee methodology and corresponding cash flow analysis, which were presented to the working group during a series of meetings over two months. From these meetings, staff and BIA worked to: 1) reduce the scope of time considered in the fee program, 2) examine future bonding needs and capacities through a cash-flow analysis, and 3) remove financing for future estimated bonds – both near-term and longer -term bonds - from the fee at the request of the BIA. It should be noted that removing near-term bond financing will result in a large fee increase if or when a bond is needed, which was conveyed to and understood and acknowledged by both the BIA working group and the larger stakeholder community . The results of the revised methodology and the corresponding group meetings were a proposed 21% decrease to the Water Major Facilities Fee. The current fee rate is $12,256 per EDU (equivalent dwelling unit per 5.1 to 5.5 units/acre density) and the proposed new fee rate is $9,625 per EDU at that density with the fee rate adjusted according to residential density and other land uses . This change results in an approximately 5 percent decrease to the total fee obligation for all projects.

Stakeholder Outreach
Staff held two public, in-person meetings with stakeholders in April to discuss the proposed rates and methodology. An invitation for the two meetings was sent by email to a group of over 2 00 stakeholders, including the Building Industry Association (BIA), Fresno Metropolitan Flood Control District (FMFCD), the Clovis Unified School District, and several local residential and non-residential developers. This was in addition to a total of ten smaller working group meetings between staff and the BIA.

Mitigation Fee Act (Government Code, Sections 66000 – 66024) Section 66001 of the Government Code requires that the City shall do all of the following at the time that it establishes, increases or imposes a fee as a condition of approval of a development project:

1. Identify the purpose of the fee.

2. Identify the use to which the fee is to be put (identify the public facilities to be constructed).

3. Determine how there is a reasonable relationship (nexus) between the use of the fee and the type of development project on which the fee is imposed.

4. Determine how there is a reasonable relationship (nexus) between the need for the public facility and the type of development project on which the fee is imposed.

Items 1 and 2 are addressed, clearly identified, and supported in various provisions of the municipal code for each fee imposed by the City , including the Water Major Facilities Fee . 220
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Additionally, the Water Major Facilities Development Impact Fee Nexus Memorandum dated April 30, 2025 (Attachment 2) also addresses items 1 and 2 above.

Items 3 and 4 ar e met for each fee imposed by the City, including the Water Major Facilities Fee, through the determinations made in various actions taken by the City Council, including:

 Adoption of the City’s General Plan.
 Adoption of each Specific Plan in the City.
 Adoption of each Master Plan for City infrastructure, including the Sewer, Water, Recycled Water, and other Master Plans.
 The method by which fee rates are established , which involves calculating the estimated cost of facilities and improvements identified in the various adopted plans needed for new development and distribut ing that estimated cost of the needed facilities and improvements among the developable properties within the respective service areas based on the nexus between the proposed development and the proposed fees and the impacts to be mitigated by the fees in rough proportionality to the development’s impact on, or need for, the public facilities and improvements.
 The Water Major Facilities Development Impact Fee Nexus Memorandum dated April 30, 2025 (Attachment 2) also addresses items 3 and 4 above.

AB602 (Government Code Section 66016.5(a)(5)
AB602 established new requirements beginning in 2022 for agencies implementing Development Impact Fee programs to base resident ial impact fees on the square footage of the proposed residential units or make specific findings to explain why other metrics are appropriate. To comply with AB602, staff evaluated and compared the current metrics used for imposing DIFs with the proposed square foot metric, and staff has determined the effectiveness and appropriateness of the current metrics for imposing DIFs by the City has been established with the support of decades of data and results and continues to be supported by such data and res ults. These findings are included in Attachment 3 and are included as part of the Resolution for approving the updated Water Major Facilities Fee Schedule.

Staff concluded that the current method in which the proposed updated Water Major Facilities Development Impact Fee is imposed either on a per unit basis or a per acreage basis has proven to be the most fair and reasonable means for housing development and complies with the Mitigation Fee Act as supported by the necessary fndings (Attachment 3). To charge based on a square footage basis would be unsupported by empirical data and less compliant with the Mitigation Fee Act.

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FISCAL IMPACT
The proposed updated Water Major Facilities Fee rates will lower the amount collected per unit but still allow the City to meet its existing bonding obligations from previously issued bonds to support development and provide funding for needed future major Water facilites and infrastructure improvements to support the developments paying the required Fee.

REASON FOR RECOMMENDATION
The proposed updated Water Major Facilities Fee rates are required to fund major water infrastructure that is needed to support new development.

ACTIONS FOLLOWING APPROVAL

1. Staff will notify the development community and implement the proposed updated Water Major Facilities Fee rates the following business day after approval of the resolution.

2. Staff will proceed with getting the updated fees adopted by the Fresno County Board of Supervisors.

CONFLICT OF INTEREST
None.

Prepared by: Christopher Kelly, Civil Engineer

Reviewed by: City Manager AH
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ATTACHMENT 1
RESOLUTION 25-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AN

UPDATED (REDUCED) WATER MAJOR FACILITIES DEVELOPMENT IMPACT FEE

SCHEDULE

WHEREAS, the City of Clovis is authorized pursuant to the Mitigation Fee Act (the “Act”), commencing with Government Code section 66000 et seq., to impose development impact fees to prevent new development from adversely impacting the level of service for public facilities in Clovis by requiring new development to contribute to the cost of improvements needed to meet the needs of new development and to provide a funding source from new development for capital improvements necessitated by and needed to serve the development; and

WHEREAS, the City has duly adopted various development impact fees in accordance with applicable provisions of the Act, and such fees are described in applicable provisions of the Clovis Municipal Code; and

WHEREAS, o n June 10, 2024, the City Council duly approved updates to all development impact fees and the approv ed fees became effective on August 12, 2024 , and the entire record of proceedings for the June 10, 2024 , City Council approval is incorporated herein and made part of the record of proceedings for this item, including without limitation the June 10, 2024, staff report and all attachments thereto, the presentation by City staff, and all written materials and comments provided during the public hearing conducted on June 10, 2024; and

WHEREAS, following the approval of the development impact fees on June 10, 2024, City staff undertook a comprehensive and detailed review of the Water Major Facilities Fee at the request of the local development community, including the local Building Industry Association; and

WHEREAS, as part of the comprehensive and detailed review of the Water Major Facilities Fee, the required nexus analysis was performed and a Water Major Facilities Development Impact Fee Nexus Memorandum dated April 30, 2025 was prepared (Attachment 2 to the staff report for this resolution ), including the necessary findings required by Government Code section 66016.5(a)(5)(B) for using an alternative basis for calculating fees rather than the inappropriate square footage metric of calculati ng fees (Attachment 3 to the staff report for this resolution), which nexus memorandum and findings are attached with the staff report for this item and incorporated herein by this reference, and staff recommends the City Council approve the nexus memorandum dated April 30, 2025, and referenced findings in accordance with Government Code section 223
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66016.5(a)(5)(B), and approve the updated Water Major Facilities Development Impact Fee Schedule set forth in Table 4 of the Water Major Facilities Developm ent Impact Fee Nexus Memorandum dated April 30, 2025; and

WHEREAS, Clovis Municipal Code section 3.10.02 provides that any adjusted development impact fees shall be subject to City Council review and approval by resolution and shall be included in the City’s Master Development Fee Schedule; and

WHEREAS, the applicable memorandum of understanding between the County of Fresno and the City of Clovis (MOU), as amended, requires the City to adopt a resolution describing the type, amount, and purpose of City development impact fees to be requested for County adoption, and make findings demonstrating that the fees comply with applicable provisions of state law and the Act; and

WHEREAS, approval of this resolution and the levying of the updated Water Major Facilities Development Impact Fees has been reviewed by City staff in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines and staff recommends the City Council determines that approval of this resolution approving the updated Water Major Facilities Fee Rate Schedule is exempt from CEQA pursuant to Section 15061(b)(3), 15273, and 15378(b)(4) of the CEQA Guidelines because the approval of this resolution is a government funding mechanism which does not involve any commitment to any specific project, and because it can be seen with certainty that there is no possibility that the fees may have a significant effect on the environment in that this resolution contains no provisions to modify physical design, development, or con struction of development, or authorizing any development project; and

WHEREAS, the City Council has reviewed and considered the entire record of proceedings for the proposed updated Water Major Facilities Development Impact Fee, including without limitation the staff report and all attachments thereto, staff’s presentation during the meeting on this item, and all oral and written comments and materials provided at the meeting.

NOW, THEREFORE, BE IT RESOLVED , that the City of Clovis hereby finds and resolves as follows:

1. The above recitals are true and correct and are incorporated herein by this reference.

2. Purpose of the Fees. The purpose of the Water Major Facilities Development Impact Fees set forth in Table 4 of the Water Major Facilities Development Impact Fee Nexus Memorandum dated April 30, 2025, attached with the staff report 224
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(Attachment 2) for this resolution, is to prevent new development from adversely impacting the level of service for public facilities in Clovis by requiring new development to contribute to the cost of improvements needed to meet the needs of new development and to provide a funding source from new development for capital improvements necessitated by and needed to serve that development. The fees advance a legitimate City inter est by enabling the City to provide public facilities necessitated by development.

3. Use of the Fees. The revenue from the Water Major Facilities Development Impact Fees set forth in Table 4 of the Water Major Facilities Development Impact Fee Nexus Memoran dum dated April 30, 2025, will be used to acquire land and equipment and construct new and expanded facilities needed to mitigate the impacts of new development. Those improvements are identified the City’s General Plan, the City’s Water Master Plan, and in the Water Major Facilities Development Impact Fee Nexus Memorandum dated April 30, 2025.

4. Reasonable Relationship: There is a reasonable relationship between:

A. The use of the fees and the types of development projects on which they are imposed; and
B. The need for facilities and the types of development projects on which the fees are imposed.

5. The entire record of proceedings for the Water Major Facilities Development Impact Fees, including the record of proceedings from the approval of development impact fees on June 10, 2024, the staff report and Attachments to the staff report for this resolution, and the staff presentation and all materials and comments provided at the May 12, 2025, City Council meeting during consideration of this matter, includes all the requisite information to support the adoption of the updated Water Major Facilities Development Impact Fee Schedule set forth in Table 4 of the Water Major Facilities Development Impact Fee Nexus Memorandum dated April 30, 2025, as required under applicable provisions of the Act, including Government Code section 66001(a).

6. The Findings in Support of the Continuation of City Policies to Impose Residential Development Impact Fees on a Per Unit or Per Acre Basis attached with the staff report (Attachment 3) for this resolution are approved in accordance with Government Code section 66016.5(a)(5)(B).

7. Fee Schedule Approval. The Water Major Facilities Development Impact Fee Schedule set forth in Table 4 of the Water Major Facilities Development Impact Fee 225
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Nexus Memorandum dated April 30, 2025, Attachment 2 to the staff report for this resolution, is hereby approved and adopted.

8. Approval of this resolution and the referenced Water Major Facilities Development Impact Fee Schedule is exempt from CEQA pursuant to Section 15061(b)(3), 15273, and 15378(b)(4) of the CEQA Guidelines because the approval is a government funding mechanism which does not involve any commitment to any specific project, and because it can be seen with certainty that there is no possibility that the fees may have a significant effect on the environment in that this resolution contains no provisions to modify physical design, development, or construction of development, or authorizing any development project.

9. City staff is directed to update the City’s Master Development Fee Schedule as necessary to incorporate the updated Water Major Facilities Development Impact Fee Schedule approved hereby, and request County adoption of the updated Water Major Facilities Development Impact Fee Schedule approved hereby consistent with the provisions of the MOU between the City and County.

10. Effective Date. This Resolution and the approved updated Water Major Facilities Development Impact Fee Schedule are effective immediately as the Fee Schedule reflects a reduction in the previously approved Water Major Facilities Development Impact Fee Schedule on June 10, 2024.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on May 12, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: May 12, 2025

_____________________________ ______________________________ Mayor City Clerk
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Clovis City CouncilMay 12, 2025

Clovis City Council
May 12, 2025