CLOVIS CITY COUNCIL MEETING June 2, 2025 6:00 P.M. Council Chamber Meeting called to order by Mayor Mouanoutoua at 6:00 Flag Salute led by Councilmember Bessinger Roll Call: Present: Counciimembers Ashbeck, Basgall, Bessinger, Mayor Pro Tem Pearce Mayor Mouanoutoua PUBLIC COMMENTS = 6:01 The following individuals addressed the Council regarding the California Interscholastic Federation (CIF) Championships held at Clovis North High School: Josh Fuller, resident Denny Boyles, former Planning Commissioner Danell Black, Licensed Professional Clinical Counselor and resident Kendra Devegen, resident Stetler Brown, resident and LGBTQ+ advocate David Rowell, resident Eric Rollins, resident Nasreen Johnson, State Center Community College District Trustee Bill Scott, resident Brian Wilson, resident Dr. Jeni-Ann Kren, resident Kay Errotabere, resident Belva Mays, resident, spoke to how great Fire Station #2 is and expressed her appreciation to the Council. Mayor Mouanoutoua acknowledged for the record that two written public comment were received regarding the California Interscholastic Federation (CIF) Championships held at Clovis North High School and one written public comment regarding Catalytic Converters Unlawful Possession Ordinance. CONSENT CALENDAR - 6:35 Upon call, there was no public comment. Motion by Councilmember Ashbeck, seconded by Councilmember Bessinger, that the items on the Consent Calendar be approved. Motion carried by unanimous vote. 1. Administration - Approval - Minutes from the May 19, 2025, Council Meeting, and Minutes from the May 27, 2025, Special Council Meeting. 2. Finance = Approval - Res. 25-54, A Resolution of Intention (ROI) to Annex Territory (Annexation #76) (T6452 Northwest Corner Sunnyside/Perrin, T6467 Southeast Corner Minnewawa/Perin, T6375 Northeast Corner MinnewawaShepnero, to the Community Facilities District (CFD) 2004-1 and to Authorize the Levy of Special Taxes Therein and Setting the Public Hearing for July 7, 2025. Page 1 of 3 3. General Services - Approval Res. 25-55, Authorizing Amendments to the City's Classification Plan by Revising the Traffic Signal Operations Specialist Classification in the Planning and Development Services Department. 4. General Services = Approval - Res. 25-56, Authorizing Amendments to the City's Classification and Compensation Plans Adding a Deputy Fire Marshal Classification with a Salary Range of $9,642 to $11,720 per month. 5. General Services - Approval = Res. 25-57, Authorizing Amendments to the City's Classification and Compensation Plans by Revising the Transit Manager Classification and the Deputy General Services Director Classification and adopting the Transit Compliance and Grants Management Officer Classification with a Salary Range of $8,235 to $10,010 per month in the General Services Department; and Approval - Res. 25-58, Authorizing Amendments to the City's Position Allocation Plan by deleting two (2) Management Analyst positions and adding two (2) Transit Compliance and Grants Management Officer positions within the General Services Department. 6. General Services - Approval - Authorize the City Manager to Execute a 36-month Janitorial Services Contract with Environmental Control for the term of August 1, 2025, through July 31, 2028, in the amount of $1,756,605.62. 7. General Services - Approval - Res. 25-59, Approval of a Memorandum of Understanding between the City of Clovis and the Confidential Technical and Financial Professional. 8. Planning and Development Services - Approval - Res. 25-60, Adopt a list of projects funded by Senate Bill 1: The Road Repair and Accountability Act. 9. Planning and Development Services = Approval - Consultant List from which Professional Consultants may be selected for Fiscal Year 2025-2026. 10. Public Utilities - Approval - Continue Emergency Authorization for the City Manager to Approve and Sign a Contract for Emergency Water Main Repairs in an amount not to exceed $250,000, Pursuant to Public Contract Code Section 22050. PUBLIC HEARINGS = 6:36 6:36 ITEM 11 - Consider Introduction = Ord. 25-08, Adding Chapter 5.36 to Title 5, of the Clovis Municipal Code Pertaining to Regulation of Commercial Grade Scrap Metal. David Rowell, resident, supported the proposed ordinance. Brian Wilson, resident, raised a concern about brass fire department connections being stolen, suggesting that brass should also be included in the ordinance due to its high resale value. Bill Scott, resident, expressed concern that the ordinance doesn't account for legitimate reuse scenarios, potentially putting well-meaning individuals at risk of legal trouble. Steven Trevino, resident, voiced concerns about uncertainty and questioning its clarity and fairness especially regarding assumptions about individuals' behavior. Motion for approval by Mayor Pro Tem Pearce seconded by Councimember Bessinger. Motion carried by 4-1 with Councilmember Basgall voting no. 6:58 ITEM 12 - Consider Approval - Res. 25-XX, 2025-2026 City of Clovis Annual Budget, Five Year Capital Improvement Program, Measure Y, and Information regarding the Clovis Successor Agency. (Continued from the May 19, 2025, meeting) Page 2 of 3 Steven Trevino, resident, asked whether any funding or plans are designated for improving older neighborhoods. Brian Wilson, resident, expressed confusion about budget figures for the police department over several years and questioned how Measure Y funds and general fund allocations are being distribute. Motion by Councimember Bessinger, seconded by Councilmember Ashbeck to continue the Annual Budget adoption to June 9, 2025. Motion carried 3-2 with Mayor Pro Tem Pearce and Mayor Mouanoutoua voting no. CITY MANAGER COMMENTS = 7:14 City Manager Haussler provided the following updates: Clovis Mobile Rec June Park Tour Schedule begins, and applications are now being accepted for both the Youth Commission and the Measure Y Oversight Committee. COUNCIL COMMENTS = 7:14 There was no formal Council direction for staff. CLOSED SESSION = 7:33 Upon call, there was no public comment. ITEM 13 - GOVERNMENT CODE SECTION 54957.6 Conference with Labor Negotiators Agency Designated Representatives: Andrew Haussler, Paul Armendariz, Amy Hance, Jay Schengel, Scott Cross Employee Organization: All Bargaining Units ITEM 14 - GOVERNMENT CODE SECTION 54956.9(D)(4) Conference with Legal Counsel - Anticipated Litigation Deciding Whether to Initiate Litigation One Potential Case RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION No action taken. ADJOURNMENT Mayor Mouanoutoua adjourned the meeting of the Council to June 2, 2025. OF GTI LOVis Meeting adjourned: 8:10 p.m. * * E - Buanh Mayor City Clerk DE Page 3 of 3 Public Comment Rec'd June 2, 2025 Briana Parra From: Daryl Terrell daylereleyahoo.om, Sent: Friday, May 23, 2025 12:12 PM To: CityClerk Subject: [External) Consideration Of A Proposed Catalytic Converter Unlawful Possession Ordinance Attachments: 2023-003pdf.pdf, 5-20-25_JTEM 17_On file with Clerk - Ordinance Summary.FRESNO CO PROPOSED CATALYTIC CONVERTER UNLAWFUL POSSESSION ORDINANCE pdf; 5-20-25_IST READING OF THE FRESNO CO PROP CATALYTIC CONVERTER UNLAWFUL POSSESSION ORD.pdf; 5-20-25_JTEM 7_STAFF REPORT FRESNO CO PROPOSED CATALYTIC CONVERTER UNLAWFUL POSSESSION ORD.pdf; CHAPTERED AB 641, STATE CATALYTIC CONVERTER LAW.pdf Follow Up Flag: Follow up Flag Status: Completed Good afternoon, Madam City Clerk lwould like to request these comments to be entered into the public record for the scheduled June 2, 2025. would like to be in person to advocate for the Honorable City Council and Honorable Mayor for the consideration and adoption of a Catalytic Converter Unlawful Possession Ordinance modeled after the City of Fresno or Fresno County, which was approved the first reading, Introduction of the ordinance on May 20. However, ifla am unable to attend this meeting, will do may best to attend the next scheduled meeting. Here are my comments below. wanted to formally introduce myself. My name is Daryl Terrell, a resident of Moreno Valley in Riverside County. Like you, I have been active in my community for 30 years. First off, want to say thank you, Honorable Mayor and Honorable City Council for your service to the people in your community. I'm deeply inspired by your leadership in standing up for the voiceless, working people, and the business community. Your efforts to ensure they have a better quality of life are truly commendable. Catalytic Converter Thefts, unfortunately, directly impacts this quality of life. People go months without the vehicles that they rely on for work, to drop off their kids at school, to visit loved ones. It's an unexpected cost in the thousands of dollars. Paying for the bill, waiting for the part, then waiting for the repair, and really having no idea when you'll be getting your car back make this crime more impactful than just the price on the invoice. That why I need your help, along with your esteemed colleagues in holding these catalytic converter thieves accountable. 1 On Tuesday, the Honorable Fresno County Board approved the First Reading of a proposed Ordinance modeled after the City of Fresno, whose city council adopted their own on ordinance on February 23, 2023. I'm considering attending your next meeting on Tuesday, June 2, 2025, if not, the next regular scheduled meeting to advocate for your esteemed colleagues to consider reviewing the Fresno County's Ordinance and the City of Fresno's Ordinance to address the legal loophole in State Catalytic Converter Theft Law, AB 641, what I call "The 8, You Skate" Law. If you find it to be meritorious, consider adopting a similar ordinance in creating uniformity throughout our 58 counties. Under this proposed ordinance, it will be unlawful for any person to possess any used catalytic converter that is not attached to a vehicle. If a person is found in possession, they must provide valid documentation or other proof to verify they are in lawful possession of the catalytic converter. If they don't, they face criminal misdemeanor, fines, and possible 6 months up to 12 in County Jail. When our state lawmakers passed laws to regulate recyclers, they did not penalize the individuals that were caught with the stolen catalytic converters. There are 55 counties that are under the State Catalytic Converter Theft law, AB 641, that allows law enforcement to charge thieves with illegal automobile dismantling when they are caught with nine or more stolen cut catalytic converters without a dismantler permit. It's a license violation; a slap on the wrist. That created a loophole that allowed thieves to steal up to 8 catalytic converters without consequence, causing financial chaos for residents and businesses. San Bernardino County, Riverside, the 28 cities within the county, and Fresno County have recently adopted our ordinance. have advocated tirelessly since December 2024 in attending Honorable County Board of Supervisors meetings in other counties like Ventura, Los Angeles, Orange, Imperial, Kern, Santa Barbara, San Diego, San Luis Obispo, Tulare, and Fresno County to advocate for the adoption of an ordinance similar to Riverside and San Bernardino Counties to ensure consistency across all 58 counties. We must make crime illegal, again county by county and city by city. The lawmakers in Sacramento will not do it. We can start a movement in holding thieves accountable. Here's some things you should consider. Ifitisn't problem yet or there's no upticks in theft. Don't wait until it becomes an issue; instead, be proactive on this issue. A proposed ordinance will serve as a deterrent to potential thieves, signaling that your county does not tolerate crime. Ify you commit theft there, they will be held accountable and face imprisonment. Also, the passage of a potential ordinance would address the simple possession of catalytic converters, which has not) yet been addressed in state law. Most importantly, the proposed 2 ordinance will allow your Deputies to enforce theft crimes regardless of whether a thief is in possession of 1 or 9 unlawfully dismantled catalytic converters. I'm attaching this Fresno County's staff report, their ordinance, The City Fresno ordinance, and State Law, AB 641. Please consider reviewing this ordinance. Sincerely, Daryl Terrell 3 BILL NO. B-3 ORDINANCE NO. 2023-003 AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, ADDING SECTION 3 TO ARTICLE 27, CHAPTER 9 OF THE FRESNO MUNICIPAL CODE PROHIBITING THE UNLAWFUL POSSESSION OF DETACHED CATALYTIC CONVERTERS. WHEREAS, theft of catalytic converters from automobiles has been an increasing problem within the City in recent years; WHEREAS, catalytic converters contain expensive precious metals including platinum, palladium, and rhodium, which costs more than $11,000 per ounce; WHEREAS, the average cost of replacing a stolen catalytic converter and repairing the damage to the vehicle is typically more than $2,000 to the victim; WHEREAS, individuals in possession of stolen catalytic converters often recycle them for substantial profit while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the nconvenience of repairing their vehicles, and feeling unsafe in the community; WHEREAS, there is no City, State, or Federal legislation applicable within the City to define and punish catalytic converter thefts absent an identifiable victim; WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: the ease and undetectable nature of committing the thefts in a matter of seconds using common tools such as a reciprocating saw, the ability to recycle catalytic 1 of5 5 Date Adopted: 02/23/2023 Date Approved 02/28/2023 Effective Date: 03/31/2023 Ordinance No. 2023-003 converters at scrap metal yards for high dollar returns, and the challenges with prosecuting criminals for catalytic converter theft where a victim cannot be identified; WHEREAS, finding the victims of these crimes is nearly impossible due to the manner in which catalytic converter thefts occur and the lack of identifying markers on catalytic converters linking stolen catalytic converters to the respective victims; WHEREAS, due to lack of legislation defining and prosecuting illegal possession of catalytic converters, many catalytic converter theft cases in the City have gone unsolved; WHEREAS, there is currently no City, State, or Federal legislation applicable within the City requiring individuals to provide proof to law enforcement as to how they obtained detached catalytic converters, thus limiting law enforcement's ability to protect the public by deterring catalytic converter thefts; WHEREAS, this Ordinance is necessary to provide the City of Fresno Police Department a means to protect the public, deter this criminal activity and promote a more productive use of City of Fresno resources by staff responsible for investigating catalytic converter thefts. THEREFORE, the City hereby enacts this ordinance requiring a person in possession of a detached catalytic converter to show proof of valid ownership to law enforcement upon request. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3 is added to Article 27, Chapter 9 of the Fresno Municipal Code to read: Section 9-2703 2of5 5 oF UNLAWFUL POSSESSION OF DETACHED CATALYTIC CONVERTER (a) It is unlawful for any person, other than a Core Recycler as defined in California Business and Professions Code section 21610, to possess any catalytic converter that is not attached to a vehicle unless the person has valid proof of ownership of the catalytic converter. (b) This section does not apply to a detached catalytic converter that has been tested, certified, and labeled or otherwise approved for reuse, and being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. SS 7401 et seq.) and regulations under the Clean Air Act, as they may, from time to time, be amended. (c) For purposes of this section, "valid proof of ownership" means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents: 1. Bill of sale from the original owner with photographs or similar visual representation. 2. Documentation from an auto-body shop proving that the owner relinquished the catalytic converter to the auto-body shop. 3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter. 4. Photographs or similar visual representation of the vehicle from which the catalytic converter originated. 3of5 (d) It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show valid proof of ownership. (e) Each violation of this section constitutes a separate violation, including but not limited to: possession of multiple catalytic converters during a single contact by law enforcement, or the locating of catalytic converter(s) at other locations discovered as a result of the initial contact by law enforcement, or any other circumstance connecting the potential violator to the unlawful possession of catalytic converter(s), and is subject to all remedies and enforcement measures authorized by the Fresno Municipal Code. (f) Any person who violates any provision of this section shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000, imprisonment in the county jail for a term not to exceed 12 months, or both. (g) If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. (h) Compliance with Business & Professions Code S 21610 and Vehicle Code S 10852.5 is legally required. (i). A core recycler, as defined in Business and Professions Code S 21610, operating under a permit granted by the City of Fresno who is found to be in violation of any 4 of5 applicable law shall have revocation proceedings initiated in accordance with Section 15- 5016, Revocation of Permits. SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. STATE OF CALIFORNIA ) ) COUNTY OF FRESNO SS. CITY OF FRESNO I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the 23rd day of February 2023. AYES Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza NOES None ABSENT : None ABSTAIN : None Mayor Approval: February 28 2023 Mayor Approval/No Return: NIA 2023 Mayor Veto: N/A 2023 Council Override Vote: NIA 2023 TODD STERMER, CMC City Clerk BY: 2-282023 Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney 2-28-23 BY: R Pauline Brickey Date Deputy-City Attorney 50f5 OF cCy February 24, 2023 Council Adoption: 02/23/2023 Mayor Approval: TO: MAYOR JERRY DYER Mayor Veto: Override Request: FROM; 16 TODD STERMER, CMC City Clerk SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the City Council meeting of February 23, 2023, Council adopted the attached Bill No. B-3, Ordinance No. 2023-003, entitled ***BILL B-3 (Intro'd 2/9/2023)(For Adoption) Ordinance to prohibit the unlawful possession of catalytic converters (Citywide) (Subject to Mayor's Veto). Item 1-V, File ID 23-303, by the following vote: Ayes . Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza Noes None Absent None Abstain : None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before March 6, 2023. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 10th day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval. APPROVED /NO RETURN: VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) Date: /2023 JerryDyer, Mayor COUNCIL OVERRIDE ACTION: Date: Ayes Noes AI3 3914.15/99A4 ONS3USO Absent Abstain hz a 85351 EZOZ GBAI3038 SUMMARY OF ORDINANCE Amend the Ordinance Code of Fresno County by amending Title 10 to add Chapter 10.48 Unlawful Possession of Detached Catalytic Converters, which will create a criminal or administrative penalty for1 the unlawful possession of detached catalytic converters in the unincorporated portions of Fresno County. Anyone in possession of one or more detached catalytic converters will be required to demonstrate valid proof of ownership or be subject to fines or jail time. 1 BEFORE THE BOARD OF SUPERVISORS 2 OF THE COUNTY OF FRESNO STATE OF CALIFORNIA 3 ORDINANCE NUMBER 4 5 AN ORDINANCE OF FRESNO COUNTY, STATE OF CALIFORNIA, 6 TO ADD CHAPTER 10.48 TO TITLE 10 OF THE FRESNO COUNTY 7 ORDINANCE CODE, PROHIBITING THE UNLAWFUL 8 POSSESSION OF DETACHED CATALYTIC CONVERTERS 9 10 The Board of Supervisors of the County of Fresno ordains as follows: 11 Section 1. FINDINGS. The Board of Supervisors of the County of Fresno hereby finds 12 and declares as follows: 13 WHEREAS, the theft of catalytic converters has been a persistent problem in 14 Fresno County in recent years; and 15 WHEREAS, catalytic converters contain expensive precious metals including 16 platinum, palladium, and rhodium, which costs from $1,000 (platinum), $2,000 (palladium) 17 and over $14,000 (rhodium) per ounce; and 18 WHEREAS, the average cost of replacing a stolen catalytic converter and repairing 19 the damage to the vehicle may cost the victim between $1,000 to $3,000, or more; and 20 WHEREAS, individuals in possession of stolen catalytic converters often recycle 21 them for substantial profit while victims of these thefts suffer the consequences of paying 22 thousands of dollars for repairs, the inconvenience of repairing their vehicles, and feeling 23 unsafe in the community; and 24 WHEREAS, catalytic converter thefts are a persistent problem because individuals 25 are incentivized to commit catalytic converter thefts for multiple reasons including, but not 26 limited to: (1) the ease and undetectable nature of committing the thefts in a matter of 27 minutes using common tools such as a reciprocating saw, (2) the ability to recycle 28 catalytic converters at scrap metal yards for high dollar returns, and (3) the challenge of 1 1 prosecuting criminals for catalytic converter theft where a victim cannot be identified; and 2 WHEREAS, finding the victim of these crimes is extremely difficult due to the 3 manner in which the catalytic converter thefts occur and the lack of identifying markers 4 on catalytic converters (prior to 2024 vehicle models) to link a stolen catalytic converter 5 to the victim; and 6 WHEREAS, the inability to identify the victims of catalytic converter thefts can 7 inhibit the ability to successfully prosecute individuals for the thefts; and 8 WHEREAS, there is currently no state or federal legislation applicable within 9 Fresno County requiring individuals to provide proof to law enforcement showing how 10 they obtained detached catalytic converters, thus limiting law enforcement's ability to 11 protect the public by deterring catalytic converter thefts; and 12 WHEREAS, this ordinance is necessary to provide the Fresno County Sherif's 13 Office and the Fresno County Code Enforcement Division with a means to protect the 14 public, deter this criminal activity and promote a more productive use of Fresno County 15 resources. 16 Section 2. The Ordinance Code of the County of Fresno is hereby amended by adding 17 Chapter 48 to Title 10 to read as follows: 18 19 Chapter 10.48 UNLAWFUL POSSESSION OF A DETACHED CATALYTIC 20 CONVERTER 21 22 Section 10.48.010 = Title, Purpose, and Intent 23 Section 10.48.020 = Authority 24 Section 10.48.030 = Definitions 25 Section 10.48.040 - Unlawful Possession of a Catalytic Converter 26 Section 10.48.050 - Criminal Penalties 27 Section 10.48.060 - Administrative Penalties 28 Section 10.48.070 - Appeal of Administrative Citations 2 1 Section 10.48.080 - Non-Exclusive Remedies 2 Section 10.48.090 - Severability 3 Section 10.48.100 - Effective Date 4 5 10.48.010 = Title, Purpose, and Intent 6 This Chapter shall be known as the Unlawful Possession of a Detached 7 Catalytic Converter Ordinance. The Board of Supervisors finds that catalytic converter 8 theft is an increasing problem within Fresno County and causes significant financial 9 damage to the victims. The purpose and intent of this ordinance is to curb the theft of 10 catalytic converters throughout the unincorporated areas of the County and to hold 11 accountable those engaged in this criminal behavior. 12 13 10.48.020 - Authority 14 In accordance with the California Constitution, Article XI, Section 7, a county 15 may make and enforce within its limits all local, police, sanitary and other ordinances and 16 regulations not in conflict with general laws. 17 18 10.48.030 - Definitions 19 As used in this ordinance, the following terms shall have the following 20 meanings: 21 (a) Board. The County of Fresno Board of Supervisors. 22 (b) County. The County of Fresno. 23 (c) Catalytic converter. Any exhaust emission control device, or portion 24 thereof, that converts toxic gases and pollutants in exhaust gas from 25 an internal combustion engine into less toxic pollutants. 26 (d) Documentation or other proof. Written document(s) clearly 27 identifying the vehicle from which the catalytic converter originated 28 based on the totality of the circumstances, which includes, but is not 3 1 limited to, the following types of documents: 2 1. Bill of sale from the original owner with photographs. 3 2. Verifiable documentation from an auto-body shop proving the 4 owner relinquished the catalytic converter to the auto-body shop. 5 3. Verifiable electronic communication from the previous owner to 6 the possessor relinquishing ownership of the catalytic converter. 7 4. Photographs of the vehicle from which the catalytic converter 8 originated. 9 5. Vehicle registration associated with the catalytic converter 10 containing an etched associated license plate number or vehicle 11 identification number or driver's license number of the registered 12 vehicle owner. 13 (e) Lawful Possession. This term includes (1) being the lawful owner 14 of the catalytic converter or (2) being in possession of the catalytic 15 converter with the lawful owner's verifiable written consent. The 16 deputy Sheriff or enforcement officer is not required to prove the 17 catalytic converter was stolen to establish an Unlawful Possession. 18 (f) Enforcement Officer. The Sheriff, the Code Enforcement Official, 19 or District Attorney, and their designees. 20 21 10.48.040 - Unlawful Possession of a Catalytic Converter 22 Barring any provision of state law permitting the same, it is unlawful for any 23 person to possess any catalytic converter which is not attached to a vehicle unless the 24 person has documentation or other proof, as defined in Chapter 10.48.030. 25 (a) This section does not apply to a detached catalytic converter that has 26 been verifiably tested, certified, and labeled or otherwise approved 27 for reuse, and is being bought or sold for purposes of reuse in 28 accordance with the federal Clean Air Act (42 U.S.C. Section 7401 4 1 et seq.) and other regulations under the Clean Air Act, as they may 2 be amended from time to time. 3 (b) It is unlawful for any person to knowingly falsify, or cause to be 4 falsified, any information in a record intended to show valid proof of 5 ownership as defined in Chapter 10.48.030. 6 (c) Evidence of unlawful possession may be presumed by the number 7 of detached catalytic converters within one's possession and/or by 8 the condition of the dismantled catalytic converter(s), including but 9 not limited to, the manner a catalytic converter has been detached or 10 cut from a vehicle. 11 (d) Compliance with Business & Professions Code Section 21610 and 12 Vehicle Code Section 10852.5 is legally required. 13 14 10.48.050 - Criminal Penalties 15 a) Misdemeanor Penalty. Any person who violates any provision of this 16 ordinance is guilty of a misdemeanor, and upon conviction shall be 17 punished by a fine not exceeding one thousand dollars ($1,000), or 18 by imprisonment in the County jail for a term not exceeding one year, 19 or by both. Upon any second or subsequent conviction of the offense, 20 the person shall be punished by the penalties of a fine of one 21 thousand dollars ($1,000) and by imprisonment in the County jail for 22 one year. 23 b) State Penalties Apply. Nothing in this ordinance shall be intended to 24 limit any of the penalties provided for under California law, including 25 but not limited to the Penal Code, with regard to the unlawful sale, 26 use, possession, delivery, and/or receipt of catalytic converters. 27 c) Separate Offenses. Acts, omissions, or conditions in violation of this 28 ordinance that continue, exist, or occur on more than one day, 5 1 constitute separate violations on each day. Violations continuing, 2 existing, or occurring on the service date, the effective date, and 3 each day between the service date and the effective date are 4 separate violations. A person is guilty of a separate offense for each 5 and every instance during which he or she commits, continues, or 6 permits a violation of this ordinance. A person is deemed guilty of a 7 separate offense for each and every violation of this ordinance, or 8 any portion thereof. 9 10 10.48.060 - Administrative Penalties 11 a) Administrative Citations. Pursuant to Section 53059.4, of the 12 California Government Code, a County code enforcement officer or 13 Sheriffs deputy may issue an administrative citation to any person 14 for a violation of this Chapter occurring in the presence of the 15 enforcement officer, or deputy, or upon the enforcement officer or 16 deputy's reasonably reliable confirmation of a violation. 17 b) Administrative Fine Amounts. The fine amounts for any 18 administrative citation issued under this chapter shall be: 19 1. Up to one thousand dollars ($1,000) for a first violation. 20 2. Two thousand dollars ($2,000) for the second offense within 21 thirty-six (36) months. 22 3. Five thousand dollars ($5,000) for each subsequent offense 23 within thirty-six (36) months. 24 c) Contents of the Administrative Citation. An administrative citation 25 issued for a violation of this Chapter shall contain the following 26 information: 27 1. The date, location, and approximate time the violation was 28 observed; 6 1 2. A description of the violation; 2 3. Evidence identifying the person receiving the administrative 3 citation as the person responsible for the violation; 4 4. The amount of the administrative civil penalty imposed for the 5 violation; 6 5. Instructions for the payment of the administrative civil penalty, 7 the time period by which it shall be paid, and the 8 consequences of failure to pay the administrative civil penalty 9 within this time; 10 6. Instructions on how to appeal the administrative citation. The 11 failure of the administrative citation to set forth all required 12 contents shall not affect the validity of the administrative 13 citation or any proceedings to enforce said citation. The 14 administrative civil penalty may be imposed via the 15 administrative process set forth in this ordinance or may be 16 imposed by the court if the violation requires court 17 enforcement without an administrative process. 18 d) Service of Citations. An administrative citation issued pursuant to this 19 Chapter shall be served on the responsible person as follows: 20 1. The enforcement officer or deputy Sheriff may personally 21 serve the responsible person at any time. The enforcement 22 officer or deputy Sheriff may obtain the signature of the 23 responsible person on the administrative citation, which shall 24 create a presumption of personal service. The lack of 25 signature shall in no way affect the validity of the 26 administrative citation. 27 2. Alternatively, or in addition to personally serving the 28 administrative citation, the enforcement officer or deputy 7 1 Sheriff may provide notice by mailing the administrative 2 citation to the responsible person by first class mail, postage 3 prepaid. 4 3. Alternatively, or in addition to personally serving or mailing the 5 administrative citation, an enforcement officer or deputy 6 Sheriff may utilize any other means fairly and reasonably 7 calculated to provide notice of the violation. 8 e) Effective Date of Service. Service of the administrative citation shall 9 be effective on the date it was personally served, mailed, or 10 otherwise delivered by the enforcement officer or deputy Sheriff, 11 regardless of when it is actually received by the responsible person. 12 f) Finality. Unless the responsible person properly requests a hearing 13 to challenge an administrative citation issued pursuant to this 14 Chapter within thirty (30) days of the date of issuance, the 15 administrative citation shall constitute the final administrative order, 16 and the imposition of the administrative penalty shall become a final 17 order. 18 1. Separate Offenses. Acts, omissions, or conditions in 19 violation of this ordinance that continue, exist, or occur on 20 more than one day constitute separate violations on each 21 day. Violations continuing, existing, or occurring on the 22 service date, the effective date, and each day between the 23 service date and the effective date are separate violations. 24 A person is guilty of a separate offense for each and every 25 instance during which he or she commits, continues, or 26 permits a violation of this ordinance. A person is deemed 27 guilty of a separate offense for each and every catalytic 28 converter in the person's possession that is not attached 8 1 to a vehicle unless the person has a valid proof of 2 ownership of the catalytic converter. 3 4 10.48.070 = Appeal of Administrative Citations 5 The procedures to appeal an administrative citation issued pursuant to this 6 Chapter are as follows: 7 a) Hearing Request. Any person issued an administrative citation for 8 violation of this Chapter may contest the citation by requesting a 9 hearing according to the procedures found in Section 1.13.170 of this 10 code. A person financially unable to pay the administrative fine as 11 provided in Section 1.13.170 may request an advance deposit 12 hardship waiver as set forth in Section 1.13.180. 13 b) Hearing Officer. For hearings to challenge an administrative citation 14 issued pursuant to this Chapter, the County Administrative Officer, 15 or the designee thereof, in consultation with the Director of the 16 enforcing department of the County, or the designee thereof, or the 17 Sherif-Coroner, or the designee thereof, shall appoint a hearing 18 officer to preside over an administrative citation hearing that has 19 been properly requested under the provisions of this Chapter and 20 this code. 21 c) Hearing Procedures. The procedures for a hearing to contest an 22 administrative citation issued pursuant to this Chapter are the same 23 as those listed in Section 1.13.200 of this code. 24 d) Right to Judicial Review. Any person aggrieved by the decision of an 25 administrative hearing officer in any hearing on an administrative 26 citation under this Chapter, may obtain review of the administrative 27 decision by filing a petition for review with the Fresno County 28 Superior Court, in accordance with the timeline and other provisions 9 1 set forth in Section 53069.4 in the California Government Code. 2 e) The procedures of Sections 1.14.020-1.14.050 of this code are 3 applicable to this Chapter. 4 f) Recovery of Administrative Citations and Civil Penalties. The County 5 may collect any past due administrative citation(s) or unpaid civil 6 penalties, assessed, and issued pursuant to this Chapter, by use of 7 any and all available legal means, including without limitation, as a 8 personal obligation or a lien recorded against any real property 9 owned by the person(s) found to have violated this Chapter. County 10 Counsel may bring a civil action in the name of the County to recover 11 any past due administrative citation(s) or unpaid civil penalties and 12 may enforce any judgment to collect any unpaid sum in the same 13 manner as civil judgments. 14 15 10.48.080 = Non-Exclusive Remedies and Penalties 16 All remedies and penalties for violations of the prohibitions in this ordinance 17 shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal 18 or civil action, citation or administrative proceeding or abatement remedy does not 19 preclude the use of additional citations or other remedies as authorized by other 20 ordinance or law. Enforcement remedies may be employed concurrently or consecutively. 21 Conviction and punishment of or enforcement against any person hereunder shall not 22 relieve such person from the responsibility of correcting, removing or abating a violation, 23 nor prevent the enforced correction, removal or abatement thereof. 24 25 10.48.090 - Severability 26 The provisions of this ordinance are separate and severable. If any 27 provision of this ordinance is for any reason held by a court to be unconstitutional or 28 invalid, the Board declares that it would have passed this ordinance irrespective of the 10 1 invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or 2 invalidity shall therefore not affect the remaining provisions of this ordinance, or the 3 validity of its application to other persons or circumstances. 4 5 10.48.100 = Effective Date 6 This ordinance shall take effect (the "Effective Date") and be in force and 7 effect thirty (30) days after the second reading hereof by the Board of Supervisors and its 8 passage. 9 10 The foregoing was passed and adopted by the following vote of the Board of 11 Supervisors of the County of Fresno this day of 2025, to wit: 12 13 AYES: NAYS: 14 ABSENT: ABSTAINS: 15 16 Ernest "Buddy" Mendes 17 Chairman of the Board of Supervisors of the County of Fresno 18 19 20 Attest: Bernice E. Seidel 21 Clerk of Board of Supervisors County of Fresno, State of California 22 23 By: 24 Deputy 25 26 27 28 11 Board Agenda Item 7 1856 FRES DATE: May 20, 2025 TO: Board of Supervisors SUBMITTED BY: Supervisor Garry Bredefeld, District 2 Supervisor Brian Pacheco, District 1 SUBJECT: Proposed Amendment to Ordinance Code of Fresno County, Adding Chapter 10.48, UNLAWFUL POSSESSION OF DETACHED CATALYTIC CONVERTERS, to Title 10, "Public, Peace, Morals and Welfare" RECOMMENDED ACTION(S): 1. Conduct first hearing to amend the Ordinance Code of Fresno County, Title 10, to add Chapter 10.48, "UNLAWFUL POSSESSION OF DETACHED CATALYTIC CONVERTERS"; and waive reading of the Ordinance in its entirety and set the second hearing for June 10, 2025; 2. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and 3. Direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1). There is no additional Net County Cost associated with the recommended actions which will add Chapter 10.48 to the Fresno County Ordinance Code "UNLAWFUL POSSESSION OF DETACHED CATALYTIC CONVERTERS" and will set a second hearing to enable your Board to ensure that a local ordinance is in place imposing fines and potential jail time for those in unlawful possession of a catalytic converter(s). The proposed ordinance will provide law enforcement with additional tools to provide verifiable proof that a catalytic converter is possessed illegally. In unincorporated Fresno County, hundreds of catalytic converters have been stolen from vehicles, resulting in thousands of dollars in repairs for vehicle owners through no fault of their own. This proposed ordinance will make unlawful possession of a detached catalytic converter either a misdemeanor subject to: A fine of up to $1,000 or by imprisonment in the County Jail for up to one year, or both Upon a second offense and subsequent conviction of the offense, the offender shall be punished with a fine of $1,000 and one (1) year in County Jail or a violation subject to an administrative penalty in the amount of: Up to $1,000 for a first violation. $2,000 for a second violation within 36 months. $5,000 for each subsequent violation within 36 months. ALTERNATIVE ACTION(S): Your Board could determine not to approve the recommended actions; however, the criminal or administrative penalties would not be in place for the violations included in this ordinance. Law and code County of Fresno Page 1 File Number: 25-0427 File Number: 25-0427 enforcement have little ability to arrest or ticket a suspected catalytic converter thief, which would subject the suspect to fines, possible jail and taking possession of the stolen catalytic converter(s). Under existing state law, thieves must be in possession of nine (9) or more catalytic converters and be without an auto dismantler's license to be subject to penalty a license violation, which is an infraction. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended actions. Patrol and enforcement efforts by the Sheriff's Office and code enforcement may incur such impacts or costs in the future, but these may be partially offset by payments of fines. Staff will monitor impacted County departmental budgets accordingly. DISCUSSION: Hundreds of catalytic converters have been stolen from vehicle owners in unincorporated Fresno County. Thefts of catalytic converters continue to be a problem for residents. Thieves can remove catalytic converters in a few minutes with a reciprocating saw and minimal skill. The precious metal materials in the catalytic converter palladium, platinum, and rhodium - allow thieves to profit with hundreds of dollars per stolen device. This theft results in thousands of dollars in repair and replacement costs for vehicle owners through a criminal act and no fault of their own. A catalytic converter is a required piece of equipment on vehicles in California because they reduce emissions coming out of the tailpipe, leading to cleaner air for all Californians. To clean the air, catalytic converters use precious metals that create chemical reactions to reduce emissions. Those precious metals make catalytic converters an attractive and lucrative target for thieves, who can remove them quickly and get paid hundreds, possibly more than $1,000, for each stolen device. Also, most catalytic converters (prior to 2024 vehicle models) do not have identifying features that would reveal the vehicle it came from and the name of the victim/owner unless that victim/owner had identifying information placed on the device. Without an identified victim, law enforcement cannot arrest the suspected thief. The cost for a victim of catalytic converter theft to replace the device can be thousands of dollars. When a catalytic converter is removed, a vehicle will not pass smog tests and will not operate within emission guidelines set by the State of California. So, deterring this type of theft can lead to cleaner air for Fresno County residents. Under existing law, legal consequences are limited. Law enforcement can stop a vehicle with as many as eight (8) catalytic converters and not have legal grounds to make an arrest. The proposed ordinance makes unlawful possession of a catalytic converter a misdemeanor or code violation, punishable by up to one (1) year in County jail or a fine of up to $1,000. Possession of more than one (1) detached catalytic converter without valid proof of ownership constitutes separate violations for each unit. A second offense will result in either additional jail time and fines or increased administrative penalties. State penalties apply. Nothing in this ordinance limits applicable penalties under state law, including the Penal Code. Each act or instance of violation shall be considered a separate offense. The proposed ordinance defines unlawful possession of a catalytic converter and requires valid documentation when the part is not attached to a vehicle. Anyone in possession of a detached catalytic converter is required to present documentation to prove lawful possession. For detached catalytic converters to remain in possession of an individual detained by law enforcement under the ordinance, the following is required: written document(s) clearly identifying the vehicle from which the catalytic converter originated, which includes, but is not limited to: County of Fresno Page 2 File Number: 25-0427 File Number: 25-0427 Bill of sale from the original owner with photographs Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter Photographs of the vehicle from which the catalytic converter originated Vehicle registration associated with the catalytic converter containing an associated license plate number or vehicle identification number or driver's license number of the registered vehicle's owner This proposed ordinance is specific, targeting individuals with commercial quantities of likely stolen metals. It is not intended to disrupt legitimate recyclers, auto dismantlers or people who recycle legitimate scrap metal. ATTACHMENTS INCLUDED AND/OR ON FILE: Ordinance On file with Clerk - Ordinance Summary CAO ANALYST: Fine Nai County of Fresno Page 3 File Number: 25-0427 Ch.537 2- This bill would also exclude from the definition of an "automobile dismantler" a person who possesses 9 or more catalytic converters that are used in the same manner as the unregistered and inoperable vehicles. 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. The people of the State of California do enact as follows: SECTION 1. Section 220 of the Vehicle Code is amended to read: 220. (a) An "automobile dismantler" is a person not otherwise expressly excluded by Section 221 who is engaged in the business of buying, selling, or dealing in vehicles of a type required to be registered under this code, including nonrepairable vehicles, forthe purpose of dismantling the vehicles, who buys or sells the integral parts and component materials thereof, in whole or in part, or deals in used motor vehicle parts. This section does not apply to the occasional and incidental dismantling of vehicles by dealers who have secured dealer plates from the department for the current year whose principal business is buying and selling new and used vehicles, or by owners who desire to dismantle not more than three personal vehicles within any 12-month period. (b) Notwithstanding subdivision (a), "automobile dismantler" includes a person not otherwise expressly excluded by Section 221 who keeps or maintains on real property owned by the person, or under their possession or control, either of the following vehicles or catalytic converters, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials, whether metal, glass, fabric, or otherwise, or to dispose of them, or for any other purpose: (1) Two or more unregistered motor vehicles no longer intended for, or in condition for, legal use on the highways. (2) Nine or more used catalytic converters that have been cut from a motor vehicle using a sharp implement. (c) (I) Notwithstanding paragraph (2) of subdivision (b),a' "junk dealer," as defined in Section 21601 of the Business and Professions Code, a "recycler," as defined in Section 21605 of the Business and Professions Code, or a "commercial enterprise" or' "core recycler," as defined in Section 21610ofthe Business and Professions Code, is not an automobile dismantler even ifi it possesses nine or more used catalytic converters that have been cut from a motor vehicle using a sharp implement. (2) This subdivision does not apply to a "commercial enterprise" described in subparagraph (A) of paragraph (2) of subdivision (a) of Section 21610 of the Business and Professions Code. SEC. 2. Section 221 of the Vehicle Code is amended to read: 94 3- Ch.537 221. (a) The term "automobile dismantler" does not include any of the following: (1) The owner or operator of any premises on which two or more unregistered and inoperable vehicles are held or stored, or a person who possesses nine or more catalytic converters, if the vehicles or catalytic converters are used for restoration or replacement parts or otherwise, in conjunction with any of the following: (A) Any business of a licensed dealer, manufacturer, or transporter. (B) The operation and maintenance of any fleet of motor vehicles used for the transportation of persons or property. (C) Any agricultural, farming, mining, or ranching business that does not sell parts of the vehicles, except for either of the following purposes: (i) For use in repairs performed by that business. (ii) For use by a licensed dismantler or an entity described in paragraph (3). (D) Any motor vehicle repair business registered with the Bureau of Automotive Repair, or those exempt from registration under the Business and Professions Code or applicable regulations, that does not sell parts of the vehicles, except for either of the following purposes: (i) For use in repairs performed by that business. (ii) For use by a licensed dismantler or an entity described in paragraph (3). (2) A person engaged in the restoration of vehicles of the type described in Section 5004 or in the restoration of other vehicles having historic or classic significance. (3) The owner of a steel mill, scrap metal processing facility, or similar establishment purchasing vehicles of a type subject to registration, not for the purpose ofs selling the vehicles, in whole or in part, but exclusively for the purpose of reducing the vehicles to their component materials, if either the facility obtains, on a form approved or provided by the department, a certification by the person from whom the vehicles are obtained that each of the vehicles has been cleared for dismantling pursuant to Section 5500 or 11520, or the facility complies with Section 9564. (4) Any person who acquires used parts or components for resale from vehicles which have been previously cleared for dismantling pursuant to Section 5500 or 11520. Nothing in this paragraph permits a dismantler to acquire or sell used parts or components during the time the dismantler license is under suspension. (b) Any vehicle acquired for the purpose specified in paragraph (3) of subdivision (a) from other than a licensed dismantler, or from other than an independent hauler who obtained the vehicle, or parts thereof from a licensed dismantler, shall be accompanied by either a receipti issued by the department evidencing proof of clearance for dismantling under Section 5500,or a copy of the ordinance or order issued by a local authority for the abatement of the vehicle pursuant to Section 22660. The steel mill,scrap metal processing facility, or similar establishment acquiring the vehicle shall attach the form 94 Ch.537 evidencing clearance or abatement to the certification required pursuant to this section. All forms specified in paragraph (3) of subdivision (a) and in this subdivision shall be available for inspection by a peace officer during business hours. SEC.3. Section 11500 of the Vehicle Code is amended to read: 11500. (a) (1) Itshall be unlawful for any person to act as an automobile dismantler without first having an established place of business that meets the requirements set forth in Section 11514 and without first having procured a license or temporary permit issued by the department, or when such license or temporary permit has been canceled, suspended, revoked, invalidated, expired, or the terms and conditions of an agreement effected pursuant to Section 11509.1 have not been fulfilled. A violation of this subdivision is a misdemeanor, and is subject to the penalties described in paragraph (2). (2) Notwithstanding Section 42002, a person convicted of a first violation of subdivision (a) for any reason other than described in paragraph (3) shall be punished by a fine of not less than two hundred fifty dollars ($250). A person convicted of a second separate violation of subdivision (a) for this reason shall be punished by a fine of not less than five hundred dollars ($500).. A person convicted of a third or subsequent violation of subdivision (a) for this reason shall be punished by a fine of not less than one thousand dollars ($1,000). (3) A person who violates subdivision (a) due to possessing nine or more catalytic converters that have been cut from a vehicle pursuant to Section 220 is, for a first violation, guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). A person convicted of a second separate violation of subdivision (a) for this reason is guilty of a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250). A person convicted of a third separate violation of subdivision (a) for this reason is guilty of a misdemeanor punishable by a fine of not less than five hundred dollars ($500). A person convicted of a fourth or subsequent violation of subdivision (a) for this reason shall be punished by a fine of not less than one thousand dollars ($1,000). (b) (1) A building or place used for the purpose of automobile dismantling in violation of subdivision (a) is a public nuisance subject to being enjoined, abated, and prevented, and for which damages may be recovered by any public body or officer. (2) As used in this section, "public body" means any state agency,county, city, district, or any other political subdivision of the state. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 oft the Government Code, or changes the definition of a crime 94 5- Ch.537 within the meaning of Section 6 of Article XIIB of the. California Constitution. 94 Briana Parra From: City of Clovis Website <wp-donotreply@ciclovis.caus> Sent: Sunday, June 1, 2025 7:10 AM To: Andrew Haussler; Rebecca Simonian; Briana Parra Subject: [External] Public Comment for City Council Council Meeting Date: 2025-06-02 Item Number (put "O" if your comment is regarding an item not on the agenda): 0 Full Name: William Theile Email: mig.meleospegobalne Comment: As a city council Ifeel you owe an apology to the transgender athlete who competed in the CIF events this past weekend. Your comments should have been more positive and welcoming to ALL athletes and you should take your concerns with CIF. - askyou "who are you to judge" * when it takes far more courage to "come out" than it does to compete! The council should address the issues such as "Clovis has lost the small town feel, or a moratorium on home building, instead of helping cause demonstrations! Please keep your politics out of sports and remember the LGBTQ community is just asking for support and safety from the rest of us. Ihope you will consider my comments. Chris Supporting Files (2 Max.): - Date: June 1, 2025 Time: 7:09 am Remote IP: 99.20.220.183 1 Briana Parra From: City of Clovis Website pdootepyPadousawr Sent: Sunday, June 1, 2025 3:48 PM To: Andrew Haussler; Rebecca Simonian; Briana Parra Subject: [External] Public Comment for City Council Council Meeting Date: 2025-06-02 Item Number (put "O" ifyour comment is regarding an item not on the agenda): 0 Full Name: Jay Fowler Email: ynsalylowlereat.net Comment: The recent public comments from councilwoman Pearce regarding the transgender athlete competing in last weekend's track and field event are hers and should have been conveyed as hers, not as a representative of The City of Clovis. dentifying herself as the Mayor Pro-Tem and the use of City of Clovis letterhead while expressing her views is inappropriate and deceptive. Councilwoman Pearce needs to be reminded that the only time she is permitted to speak as a representative of the Cityis while she is attending an official City Council Meeting or is representing content that the entire council has discussed, debated, and agreed upon. Until then, she is simply a citizen of the community with no more power or influence than any other citizen. As much as I personally feel that transgender females should not be allowed to compete against biological females in athletics competitions, I don't want my city council members concerning themselves publicly with issues over which they have no jurisdiction. - would prefer their attention be centered on public safety, infrastructure, and the development of our city, etc. Supporting Files (2 Max.): Date: June 1, 2025 Time: 3:48 pm Remote IP: 73.116.9.95 1