Clovis City Council
April 3, 2023

April 03, 2023 - 1 - 1:21 PM A G E N D A • C I T Y C O U N C I L M E E T I N G

April 3, 2023 6:00 PM Council Chamber

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

The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; you may participate by calling in by phone (see “Verbal Comments” below); and you may view the meeting which is webcast and acces sed at www.cityofclovis.com/agendas.

Written Comments

 Members of the public are encouraged to submit written comments at:
www.cityofclovis.com/agendas at least two (2) hours before the meeting (4:00 p.m.). You will be prompted to provide:

 Council Meeting Date
 Item Number
 Name
 Email
 Comment

 Please submit a separate form for each item you are commenting on.

 A copy of your written comment will be provided to the City Council noting the item number.

If you wish to make a verbal comment, please see instructions below.

 Please be aware that any written comments received that do not specify a particular agenda item will be marked for the general public comment portion of the agenda.

 If a written comment is received after 4:00 p.m. on the day of the meeting, efforts will be made to provide the comment to the City Council during the meeting. However, staff cannot guarantee that written comments received after 4:00 p.m. will be provided to City Council during the meeting. All written comments received prior to the end of the meeting will be made part of the record of proceedings.

Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 www.cityofclovis.com
1 April 03, 2023 - 2 - 1:21 PM Verbal Comments

 If you wish to speak to the Council on an item by telephone, you should contact the City Clerk at (559) 324-2060 no later than 4:00 p.m. the day of the meeting.

 You will be asked to provide your name, phone number, and your email. You will be emailed instructions to log into Webex to participate in the meeting. Staff recommends participants log into the Webex at 5:30 p.m. the day of the meeting to perform an audio and mic check.

 All callers will be placed on mute, and at the appropriate time for your comment your microphone will be unmuted.

 In order for everyone to be heard, please lim it your comments to 5 minutes or less, or 10 minutes per topic

Webex Participation

 Reasonable efforts will be made to allow written and verbal comment from a participant communicating with the host of the virtual meeting. To do so, a participant will need to chat with the host and request to make a written or verbal comment. The host w ill make reasonable efforts to make written and verbal comments available to the City Council. Due to the new untested format of these meetings, the City cannot guarantee that these written and verbal comments initiated via chat will occur. Participants w anting to make a verbal comment via call will need to ensure that they accessed the WebEx meeting with audio and microphone transmission capabilities.

CALL TO ORDER

FLAG SALUTE - Councilmember Pearce

ROLL CALL

PRESENTATIONS/PROCLAMATIONS

1. Presentation of Proclamation declaring April as Community College Month.

PUBLIC COMMENTS - This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 5 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact the C ity Manager’s office and submit correspondence at least 10 days before the desired date of appearance.

ORDINANCES AND RESOLUTIONS - With respect to the approval of resolutions and ordinances, the reading of the title shall be deemed a motion to waive a re ading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

2 April 03, 2023 - 3 - 1:21 PM CONSENT CALENDAR - Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.

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

3. Fire - Receive and File – 2022 Fire Department Annual Report.

4. General Services – Approval – Res. 23 -___, Amending the C ity’s FY 2022 -2023 Position Allocation Plan by deleting one (1) Principal Office Assistant and adding one (1) Staff Analyst position within the Public Utilities Department.

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

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

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

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

8. Consider – For the City Council to consider options to seek additional fun ding for Police, Fire, Streets, and Parks.

Staff: Andrew Haussler, Assistant City Manager
Recommendation: Consider and Provide Policy Direction

9. Consider – A Request from The 500 Club located at 771 W Shaw Ave, Clovis, CA 93612, to have the City call a Special Election on November 7, 2023, to place on the ballot for voters to consider an increase in the number of allowed gaming tables from 20 to 51.

Staff: John Holt, City Manager
Recommendation: Consider and provide policy direction

10. Receive and File – General Services Department Update.

Staff: Shonna Halterman, General Services Director
Recommendation: Receive and File

3 April 03, 2023 - 4 - 1:21 PM

COUNCIL ITEMS

11. Consider Approval – To submit a letter of Opposition for Assembly Bill 742– Jackson, Limiting the Use of Police Canines.

Staff: John Holt, City Manager
Recommendation: Approve

12. Consider Approval – To submit a letter of Support for Assembly Bill 1067– Gavin’s Law (hit-and-run penalties).

Staff: John Holt, City Manager
Recommendation: Approve

13. Consider Approval – To submit a letter of Support for Assembly Bill 1708 – Muratsuchi, amending Proposition 47 to increase accountability for repeat theft offenders.

Staff: John Holt, City Manager
Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS

CLOSED SESSION - A “closed door” (not public) City Council meeting, allowed by State law, for consideration of pending legal matters and certain matters related to personnel and real estate transactions.

14. Government Code Section 54956.9(d)(2)

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation
Three potential cases based on claims received for the Sunnyside Avenue water main break and property flooding incident on January 3, 2022.

ADJOURNMENT

FUTURE MEETINGS

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

Apr. 10, 2023 (Mon.)
Apr. 17, 2023 (Mon.)
May 1, 2023 (Mon.)
May 8, 2023 (Mon.)
May 15, 2023 (Mon.)

4 5
AGENDA ITEM NO. 1.

PRELIMINARY - SUBJECT TO APPROVAL

CLOVIS CITY COUNCIL MEETING

March 20, 2023 6:01 P.M. Council Chamber

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

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

PUBLIC COMMENTS – 6:02

Cheryl Medrano, resident, commented on the ongoing negotiations regarding the Sunnyside Avenue water main break.

Brett Berdine, resident, invited the City Council to attend the Vietnam War Vets event at the Clovis Veterans Memorial District on March 29, 2023.

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

Erica Idan, resident, shared concerns regarding a transition home in her neighborhood near Freedom Elementary.

Briana Wheeler, resident, shared concerns regarding a transition home in her neighborhood near Freedom Elementary.

Resident, shared concerns regard ing a transition home in her neighborhood near Freedom Elementary.

Robert W., resident, shared concerns regarding transition home in his neighborhood near Freedom Elementary.

Charlene T., resident, shared concerns regarding transition home in her neigh borhood near Freedom Elementary.

Megan Bjerk, State of Idaho Probation and Parole Officer, shared concerns regarding transition home in her family’s neighborhood near Freedom Elementary.

Steven Frijol, resident, shared concerns regarding traffic on Clo vis Avenue and signs/messages with profanity in public.

6 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

CONSENT CALENDAR – 6:37

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

1. Administration - Approval - Minutes from the March 13, 2023, Council Meeting.

2. General Services – Approval - Claim Rejection of the General Liability Claim on behalf of Dale Cottrell.

3. Planning and Development Services – Approval – Bid Award for CIP 23 -01 Rubberized Cape Seal 2023 in the Amount of $2,242,120; and Authorize the City Manager to execute the contract on behalf of the City.

4. Planning and Development Services - Approval – Res. 23 -18, Amending the Fresno Metropolitan Flood Control District (FMFCD) Schedule of Drainage Costs and Fees for 2023-2024.

5. Planning and Development Services - Approval – Res. 23 -19, Final Map Tract 6161, located at the southeast area of Ashlan Avenue and Thompson Avenue (KB Home South Bay, Inc., a California Corporation).

6. Planning and Development Services - Approval – Res. 23-20, Annexation of Proposed Tract 6161, located at the southeast area of Ashlan Avenue and Thompson Avenue to the Landscape Maintenance District No. 1 of the City of Clovis (KB Home South Bay, Inc., A California Corporation).

ADMINISTRATIVE ITEMS – 6:38

6:38 ITEM 7 - CONSIDER APPROVAL - RES. 23 -21, A RESOLUTION ACCEPT ING AND AUTHORIZING THE SUBM ISSION OF THE 2022 G ENERAL PLAN ANNUAL PROGRESS REPORT, INC LUDING THE 2022 HOUS ING ELEMENT ANNUAL PROGRESS REPORT TO THE GOVERNOR’S OFFICE OF PLANNING AND RESEARCH

AND THE CALIFORNIA D EPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.

Patience Milrod, CCLS Representative, noted that the City should include a footnote for Regional Housing Needs Allocation numbers.

Des Haus, resident, shared information regarding HCA10 and other bills that are being heard at the State level.

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

Motion carried by unanimous vote.

ADJOURN TO THE JOINT MEETING WITH THE CLOVIS PLANNING COMMISSION – 7:07

7 AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

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

Commissioners Antuna, Bedsted, Hatcher, Hinkle,
Chair Cunningham

7:08 ITEM 8 - CONSIDER – REVIEW AND PROVIDE COMMENTS TO BE INCORPORATED INTO THE DRAFT SIXTH CYCLE HOUSING ELEMENT.

ADJOURN TO THE CLOVIS CITY COUNCIL MEETING – 8:53

CITY MANAGER COMMENTS – 8:53

It was the consensus of the City Council to place an item on a future agenda to discuss allowing backyard chickens.

COUNCIL COMMENTS – 8:58

CLOSED SESSION – 9:06

9. GOVERNMENT CODE SECT ION 54956.9(A) CONFERENCE WITH LEG AL COUNCIL- EXISTING LITIGATION WORKERS COMPENSATION CASE IN REGARDS TO:

RICHARD CADIGAN

Motion to approve a settlement of the case via a stipulated award in the total amount of $108,822.50. Motion by Councilmember Pearce, seconded by Councilmember Mouanoutoua. Motion carried by unanimous vote.

10. GOVERNMENT CODE SECT ION 54956.9(D)(2) CONFERENCE WITH LEGA L

COUNSEL - ANTICIPATED LITIGATION SIGNIFI CANT EXPOSURE TO LIT IGATION

THREE POTENTIAL CASE S BASED ON CLAIMS RECEIVED FOR THE SUNNYSIDE

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

No action taken. Direction was given to legal counsel and staff.

Mayor Ashbeck adjourned the meeting of the Council to April 3, 2023

Meeting adjourned: 9:36 p.m.

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

TO: Mayor and City Council
FROM: Fire Department
DATE: April 3, 2023
SUBJECT: Fire - Receive and File – 2022 Fire Department Annual Report.

ATTACHMENTS: 1. 2022 Fire Department Annual Report

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

RECOMMENDATION
For the City Council to receive and file the Fire Department’s Annual Report for 2022.

EXECUTIVE SUMMARY
The Fire Department Annual Report for 2022 is the Department’s way of communicating to elected officials, cooperating fire agencies, and most importantly, our community, the quality and quantity of service provided to our citizens in 2022. The report also serves as a record of our activities and accomplishments for future reference and comparison.

BACKGROUND
The Department has many accomplishments to report, and one of the primary reasons for such success is the teamwork between the firefighters, City staff, elected officials, and most importantly, our citizens.

Notable Accomplishments of 2022:

• The Fire Department opened a new fire station, Station 6, serving the Loma Vista area.

• Placed a new fire engine in-service at Fire Station 6 (E46).

• Replaced all self-contained breathing apparatus (SCBA) with new units for use on structure fires and hazardous materials incidents.

9 AGENDA ITEM NO. 3.

Over the past twenty years, the Fire Department has accomplished so much with the resources provided, and we will continue to use the resources provided wisely to serve the citizens of the community. During this period, the Fire Department has maintained accreditation, improved their ISO rating, and found other funding sources for improvements.

FISCAL IMPACT
None.

REASON FOR RECOMMENDATION
Annual Report of Clovis Fire Department’s activities and performance for 2022.

ACTIONS FOLLOWING APPROVAL
Staff will file the report.

Prepared by: John Binaski, Fire Chief

Reviewed by: City Manager AH

10 AGENDA ITEM NO. 3.
$WWDFKPHQW 11
AGENDA ITEM NO. 3.




 
 
12 AGENDA ITEM NO. 3.

 





 



 



 



 



 





 
13 AGENDA ITEM NO. 3.







 
14 AGENDA ITEM NO. 3.








 



15 AGENDA ITEM NO. 3.


 





16 AGENDA ITEM NO. 3.

 
!

"
"# $ %"

#%$



17 AGENDA ITEM NO. 3.

&"
"

'
18 AGENDA ITEM NO. 3.



 (
19 AGENDA ITEM NO. 3.

 %

"

 )
20 AGENDA ITEM NO. 3.



 &"
"
*









 *
21 AGENDA ITEM NO. 3.
22 AGENDA ITEM NO. 3.

+ 
"

 $ ,
-



 




$ ,
 
 "$ &"$
23 AGENDA ITEM NO. 3.
#.
/

0
$ 1+ 

#," %

/

0
$ 1+ 

#," 2
#.
24 AGENDA ITEM NO. 3.
25 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: General Services Department
DATE: April 3, 2023
SUBJECT: General Services – Approval – Res. 23 -___, Amending the City’s FY 2022-2023 Position Allocation Plan by deleting one (1) Principal Office Assistant and adding one (1) Staff Analyst position within the Public Utilities Department.

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

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

RECOMMENDATION
For Council to approve a resolution amending the City’s FY 2022-2023 Position Allocation Plan by deleting one (1) Principal Office Assistant position and adding one (1) Staff Analyst position within the Public Utilities Department.

EXECUTIVE SUMMARY
Currently, the Public Utilities Department is authorized for six (6) Principal Office Assistant positions for fiscal year 2022-2023. It is recommended that the City’s Position Allocation Plan be amended by deleting one (1) Principal Office Assistant position and adding one (1) Staff Analyst position within the Public Utilities Department to work on confidential and higher-level tasks and provide additional support to Management and Administration. Council approval is required for changes to the Position Allocation Plan.

BACKGROUND
The Public Utilities Department has evaluated the work assignments and needs in the Department and have determined that the addition of one (1) Staff Analyst position and the deletion of one (1) Principal Office Assistant position will more efficiently support the current needs of the department.

26 AGENDA ITEM NO. 4.

This Department position will have the responsibility for ensuring confidential information, recordkeeping of safety sensitive personnel and functions, financial accounting of the Landscape Maintenance District, as well as other higher-level tasks required for operational necessity. The conversion of a Principal Office Assistant to Staff Analyst will provide the additional support to Management, Administration, and the Public Utilities Department as a whole. The new position will function under the operational support arm of the Public Utilities Department.

The position allocation change would result in five (5) Principal Office Assistants and one (1) Staff Analyst position within the Department. The desired position allocation change results in the need to modify the City’s Position Allocation Plan, which requires Council approval.

FISCAL IMPACT
The fiscal impact of salary and benefits for this position allocation change would be minimal and estimated at less than $2,000 for FY 2022 -23. There are adequate funds in the Public Utilities Department budget to cover any additional costs for the position.

REASON FOR RECOMMENDATION
The deletion of one (1) Principal Office Assistant position and the addition of one (1) Staff Analyst position will provide needed additional support within the Public Utilities Department. The change must be reflected in the authorized FY 2022-2023 Public Utilities Department position allocation.

Modification of the Position Allocation Plan requires Council Approval.

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

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager AH

27 AGENDA ITEM NO. 4.

ATTACHMENT 1

RESOLUTION 23-___

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

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

WHEREAS, a review of the staffing needs of the City indicates that the addition of one (1) Staff Analyst position and the deletion of one (1) Principal Office Assistant position is necessary in order to provide the needed capacity to cover the complex work assignments within the Public Utilities Department; and

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

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

* * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on April 3, 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: April 3, 2023

___________________________ __________________________ Mayor City Clerk

28 AGENDA ITEM NO. 4.

ATTACHMENT A

POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 22-23

DEPARTMENT NUMBER OF POSITIONS

Public Utilities Department

Add: Staff Analyst 1.0

Delete: Principal Office Assistant 1.0

29 AGENDA ITEM NO. 4.

TO: Mayor and City Council
FROM: General Services
DATE: April 3, 2023
SUBJECT: General Services – Approval – Contract Award to Compass Energy Solutions to Implement Energy Efficiency Projects for $962,625 ; and Approval - Res. 23-___, Authorizing a Loan Application through the California Energy Commission for Project Funding.

ATTACHMENTS: 1. Agreement

2. Resolution 23-___

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

RECOMMENDATION
For the City Council to a ward a contract to Compass Energy Solutions (CES) to develop and deliver a cost effective turnkey Solar Photovoltaic (PV) project at the City’s three (3) new facilities: Fire Station #6, Senior Activity Center, and Transit Hub.

EXECUTIVE SUMMARY
The General Services Division conducted a Request for Proposal (RFP) for the acquisition of an Energy Services Company (ESCO) to implement approximately $ 1 million in energy efficiency projects. The selected vendor is Compass Energy, which has worked with the City for over 13 years to implement multiple energy saving projects.

In addition to approving a new contract with Compass Energy, staff recommends the approval of a resolution authorizing the application and utilization of the California Energy Commission (CEC) 1% Energy Loan Program as the source of funding for these projects. Solar projects are no longer funded through PG&E on-bill financing.

The City will spend $962,625 in net project costs for implementation of the three energy efficiency projects, and in return, an ticipate an annual savings of $99,344. This equates to an average weekly savings of $ 1,910 over the life expectancy of the equipment. The initial investment will pay for itself in 8.2 years.
30 AGENDA ITEM NO. 5.

BACKGROUND
The City currently has energy efficient upgrades on all its facilities ranging from LED lights to Solar PV systems. To accommodate the growth of the community, the City has added Fire Station 6, a new senior center, and transit hub. While architects designed the facilities to accommodate roof-top solar panels, solar panel and system installation was not included in the construction of the facilities. Therefore, C ity staff issued a Request for Proposal (RFP) for an ESCO to develop and deliver rooftop Solar PV projects. The RFP was posted to the City’s web- based bid management system which distributed the invitation to registered vendors interested in energy efficiency projects. The City’s web-based management system distributed the RFP to one hundred thirty -six (136) vendors, of which twenty -one (21) vendors downloaded RFP documents for review. Four (4) vendors attended the mandatory pre -proposal meeting which included a tour of all effected facilities with only two vendors submitting responses to the RFP.

The following matrix reflects the results of the RFP:

As a matter of information, an ESCO is a company that contracts with private and public sector energy users to propose turnkey, cost -effective energy strategies that address energy consumption and generation using a wide spectrum of energy measures. An independent ESCO is one who has no allegiance to any specific brand or manufacturer, who can solicit bids based upon the project’s integrity, and seek the best possible value paired with long -term integrity, unbiased of any pre-loyalties or commitments.

City’s History with Compass Energy Solutions

During 2009, the City implemented the competitive bid process to retain an ESCO for the implementation of various energy efficiency projects. At the time, the City’s web -based management system distributed the RFP to twenty -three (23) vendors . Four (4) vendors attended the mandatory pre -proposal meeting which included a tour of all effected facilities.

Compass Energy Solutions (CES), an independent ESCO, was the only ESCO to submit a proposal and was subsequently awarded a contract for the Energy Efficiency Community Block Grant (EECBG) funded $1.6 mil city-wide energy-efficiency project.

During 2011, the City approved to amend CES’s contract, as provided within the terms of the original contract, to act as the City’s ESCO for the implementation of a $3.4 mil solar project.

In 2017-2018, the City made a major effort to retrofit its existing buildings with LED lighting. CES was the responsible contractor on this project, which provided significant energy savings to the City.

Vendor
Projected
Annual $$
Savings
Project Cost Annual kWh
Savings
Payback in
Years
Compass Energy $99,344 $962,625 351,750 8.2
Centrica $90,455 $998,455 291,241 9
31 AGENDA ITEM NO. 5.

CES is well quali fied, recently participating in the State of California’s 2012 Request for Qualifications (RFQ) to establish a qualified ESCO pool for the implementation of State sponsored Energy Efficiency Projects. The RFQ was issued under the authority of Section 388 of the Public Utilities Code to establish a pool of qualified ESCOs that had the resources, financial capability and stability, expertise, and experience to provide services required for implementing State energy services projects. CES is currently listed as a prequalified ESCO for State of California/General Services to implement state energy projects.

CEC Loan Application

To apply for the CEC loan, Council must approve a resolution (Attachment 2 attached) authorizing the city’s application and authorize the City Manager to execute the necessary loan documents.

The CEC also requires that the resolution include a statement declaring that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15301 Existing Facilities Class 1 and Section 15302 Replacement or Reconstruction Class 2. Class 1 exemptions consist of the operation, repair, maintenance, permitting, leas ing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. Class 2 exemptions consist of replacement or reconstruction of existing structures or facilities. A Notice of Exemption has been prepared by city Planning and Development Services Department staff and is available for public review.

FISCAL IMPACT
The energy efficiency project’s proposed price is $ 962,625. The energy efficiency project’s proposed funding source is a 1% CEC loan of $962,625. The initial investment will pay for itself in 8.2 years with anticipated annual savings of $99,344.

REASON FOR RECOMMENDATION
The proposal submitted by Compass Energy Solutions met all the City's criteria for the provision of implementing Solar Photovoltaic projects . Compass Energy Solutions is an established national firm with an excellent professional reputation. They are currently conducting work in California, Virginia, Maryland, and North Carolina. Compass Energy Solutions was qualified by the California Energy Commission as an Energy Services Company (ESCO) in 2012, allowing them to conduct qualified energy services in California. Their parent company, Compass Energy Services is based out of Virginia, with Compass Energy Solutions having two branch offices located in Southern and Northern California.

Compass Energy Solutions has a proven track record with the City. Previously, they were the recipient of a contract award by the City for the purposes of conducting an energy cost recovery analysis which included a review of all electrical and gas accounts, and utility tariffs. During the tenure of this contract, Compass Energy Solutions was very professional, providing City staff with constant updates of their recommendations and all PG&E correspondence.

32 AGENDA ITEM NO. 5.

ACTIONS FOLLOWING APPROVAL
Staff will execute an agreement between the City and Compass Energy Solutions, in the amount of $962,625.00 for Solar PV projects at the new Senior Activity Center, Transit Hub and Fire Station #6 for approval by the City Manager. Upon approval, Staff will immediately schedule Compass Energy Solutions to commence work and submit the approved resolution to the CEC to process the loan.

Prepared by: Stephen Frankian, Facilities Maintenance and Purchasing Manager

Reviewed by: City Manager AH

33 AGENDA ITEM NO. 5.

1 Attachment 1

EXHIBIT B

CONSULTANT PROPOSAL

The City of Clovis
ESCO Projects Implementation

Due Date: February 7, 2023 by 2:00pm

Johnny Mattice
Director Business Development
916-216-6739
[email protected]

34 AGENDA ITEM NO. 5.

2 February 7, 2023

Shonna Halterman
General Services Director
City of Clovis
1033 5th St
Clovis, CA 93612

Re: ESCO Projects Implementation

Dear Shonna,
Compass Energy Solutions (CES) is pleased to develop and deliver comprehensive energy services for the City of Clovis. CES has successfully worked with the City for the past 13 years, delivering multiple energy savings and sustainability projects. We are proud to have requested No Change Orders over our 13-year partnership. We are excited for the opportunity to deliver another successful Solar PV project for Fire Station #6, Senior Activity Center and the Transit Hub.

CES will provide a phased approach to install Fire Station #6 first, while the Senior Activity Center and Transit Hub are under construction. Our resources will allow CES to secure volatile steel and panel pricing now, utilizing the phased approach and maximizing savings on Fire Station #6, while the Senior Activity Center & Transit Hub are under construction.

CES will provide a cost-effective turnkey Solar PV solution to maximize the available rooftop space and reduce operating costs through sustainability. We will also provide a finance option through the California Energy Commission (CEC) 1% Loan. CES has assisted its clients in qualifying 100% of submitted CEC Loans for energy projects. Last month we successfully qualified $3M in CEC lo ans for a District Wide LED Lighting/Controls Project.

Compass Energy Solutions accepts the terms of the solicitation.

Authorized Personnel:

Johnny Mattice Phil Zubicki
Director of Business Development Director of Operations Western Region Western Region
[email protected] [email protected] 916-216-6739 951-553-6334

Sincerely,
Fred Ghahramani
President/CEO
35 AGENDA ITEM NO. 5.

3 Table of Contents
Pages
Executive Summary 3

Background, Experience & Capabilities 4-12
Background and Firm Profile
Project Team
References
Performance Contracting
Recommended Technologies

Technical Approach 13-16
Needs Analysis
Training Project Management
Savings Projections
Diverse Vendors

Financial Approach 17-19
Financing Source
Guaranteed Documents
Standards of Service and Comfort
Savings Calculations

Bidding Process 20

Energy Savings Computations 21-24
Baseline Methodology
Operational and Maintenance (O&M) Savings
Measurement and Verification (M&V) Plan
Calculation Methodology
Staff Responsibilities

Other Benefits 25

Exhibit B 26

Exhibit C 27

Acknowledgment Signed 28

Insurance Documents 29-31
General Liability
Workers Compensation
Fidelity Bond
36 AGENDA ITEM NO. 5.

4 Bid Bond 32
Executive Summary

Compass Energy Solutions has been successfully working with Cities, Counties, Community Colleges and K12 clients for the past 19 years. CES is 100% product and service neutral, which allows us to provide the most cost effective and turnkey energy saving solutions. A great example of CES’s quality energy projects and unparalleled service has been on display for the City of Clovis for the past 13 years. We deliver on time and within budget. CES has never requested a single change order from any of our City of Clovis projects.

(CES) has the experience and expertise to develop, manage and implement cost effective energy conservation projects in the areas of LED Lighting, Solar PV, HVAC Replacement, Energy Storage and Building Controls. Coupled with our extensi ve data base of design professional and vendor resources we bring the greatest return on investment for our customers. Partnering with Compass Energy Solutions ensures that your investment is protected, implemented and meeting the expected energy reduction savings.

We truly consider our company a partner with the City of Clovis. We have enjoyed our rapport with the City of Clovis and have been impressed with City staff’s knowledgebase and their ability to comprehend the sometimes complex world of renewable energy and conservation.

As a partner, CES recognizes that ESCO awarded projects under California Government Code 4217 require the item appear and be presented in a public forum to the City Council, therefore as in our previous projects, CES will assist City staff in providing pertinent information and charts so that staff can develop their PowerPoint presentation. Also, if requested, CES in tandem with City staff will participate in the actual presentation to the City Council and be available for any questions the Council may have. We have conducted tandem presentations in the past for the City of Clovis with a high degree of success.

CES has provided service to the City of Clovis for the past 13 years. As a matter of peace of mind, the City can be assured that we have and will continue to provide and resolve post install issues for CES installed projects. We truly believe that character plays a large part in the true overall value of a project. We are here to support the City for the post duration of our installed projects and assuring the City that they have invested in a bona-fide high-quality project that will serve the taxpayers for years to come.

37 AGENDA ITEM NO. 5.

5 Background Experience & Capabilities

Background and Firm Profile
Compass Energy Solutions (CES) has been in business and executing performance contracting with the Public Sector for 19 years. CES is pleased to present our qualifications and capabilities to identify and develop cost effective, energy efficient and capital improvement projects for the City of Clovis. Our California Offices will be participating in the development of the proposal, evaluation process and in the execution of all services.

CES is one of the nation’s premier Energy Services Company (ESCO), providing comprehensive and proven energy infrastructure development, asset management, efficiency improvements and performance contracting to a wide range of institutional, higher education, state and local government customers. Headquartered at 1811 Huguenot Rd, Suite #206, Midlothian VA 23113. Our Folsom office will provide management and support the City of Clovis Project. This submittal is generated from the Folsom Office with support from our corporate office. C ES has 100+ years of combined technical and managerial expertise in the Energy Services and Energy Efficiency business.

CES provides unparalleled service thorough a single point of contact. CES’s strength is our ability to listen, understand, collaborate and define the exact needs of our customer. Once a scope of work has been developed, we have the experience and expertise to execute on time and within budget.

Project Contact Person:

Johnny Mattice
Director Business Development
916-216-6739
[email protected]

CES Officers:

Fred Ghahramani President/CEO
Chris Zigler CFO
Vance Williams VP Business Development

CES has executed 75+ energy savings performance contracts since inception. Since 2009, CES has successfully implemented (8) energy efficient and sustainability projects for the City of Clovis that have met or exceeded expectations. CES did not issue a single Change Order in our 13 -year partnership with the City . Each project has been directly managed from our Califor nia offices in Folsom & Redlands. CES has 12 full time personnel.

We are privileged to work with K -12, Community Colleges, higher education, and State and local agencies. CES is particularly proud of the awards our Community College customers have achieved over the years, including Santa Monica College, Santa Barbara City College, and most recently two districts, Victor Valley College and Palomar College, were both recognized in 2019 by the CC Chancellors office Board of Governors in achieving extraordin ary Energy Efficiency and Sustainability awards.
38 AGENDA ITEM NO. 5.

6 CES, through a competitive bid process, will select the most qualified subcontractors and will negotiate the best possible value for the City. We also utilize a network of local qualified subcontractors to perform various tasks and trades for our projects.

CES has the resources to provide guaranteed performance contracting, but we do not recommend the guaranteed savings model to our clients. We guarantee the performance of the equipment through our M&V protocol. Guaranteed savings contracts, by design, are difficult to fully understand and are layered with caveats that benefit/protect the ESCO’s. There are additional costs with a guaranteed savings model that includes ongoing measurement & verification along with continuous commissioning to ensure the agreed upon savings. Paperwork/accounting for the City is another pitfall in the guaranteed savings model. The agreed upon savings is set at such a low baseline that the savings will most likely be achieved and if the savings are not achieved there are stipulations in the contract to assist the ESCO in lowering their risk. If the guaranteed savings are not met, then negotiations take place; more money and time for the City. CES would appreciate the opportunity to meet with you and your applicable staff for an open discussion on this topic and to provide insight of how energy performance contracting actually works. CES does not believe the guaranteed savings, shared savings or power purchase agreements (PPA) benefit our customers.

Project Team
CES’s organizational structure is designed to provide the City of Clovis with the most cost-effective energy efficiency & renewable solution. Our company is very active in performance contracting in California. CES possesses a flat, compact structure, intended to simplify and expedite decisions and problem solving. We pay close attention our customer’s needs and each detail of the project. Our professional staffs are licensed in California, in a variety of Contracting disci plines and professional Mechanical Engineering.

The basis for our organization’s arrangement is our points of contact with a client. Single point of contact is our project executive (Johnny Mattice), energy engineers (Don Fantz – P.E., Kevin Fantz), and project manager, (Phil Zubicki) —the team is provided with peer level support within a the department and leadership directly from CES President, Fred Ghahramani. Each of the managers receives guidance from our founders and principals. This arrangement, wit h at most three tiers, has historically provided the greatest customer service capacity and most streamlined execution of energy service projects.

Fred Ghahramani, President Compass Energy Solutions - Mr. Ghahramani’s 30 year plus career has centered on energy contracting, consulting and engineering, while working for several large utilities, utility consulting firms, and energy services companies. Prior to founding Compass Energy Solutions, Mr. Ghahramani served as Vi ce President and General Manager of Noresco, LLC where he managed the performance contracting business in the Western Region. Before joining Noresco, Fred worked for Dominion Evantage, where he was the Director of Business and Product Development; developi ng and deploying innovative products and services such as performance contracting and energy asset management to higher education, K -12, state and local government customers. Prior to Evantage, he worked as Vice President of the Consulting Business Unit for A&C Consultants, Inc., in San Francisco, where he provided consulting to utility and energy companies nationally. Prior to that, he served over ten years with Pacific Gas and Electric Company in several executive positions of increasing responsibility, focusing on research & planning, engineering and marketing functions. Fred has played a major role in developing and implementing over $500 million 39 AGENDA ITEM NO. 5.

7 in performance contracting projects. Mr. Ghahramani holds a B.S. in Civil Engineering with a structural option from New Mexico State University and a Master of Business Administration from Golden Gate University.

Christopher Ziegler, Chief Financial Officer - Prior to co-founding Compass Energy Services Inc., Mr. Ziegler served as General Manager of Evantage, Dominion’s Energy Services division. Prior to his appointment as General Manager, Chris was a sales executive on Wholesale Energy-Trading Floor for Virginia Power. Before joining Dominion, Mr. Ziegler held numerous positions with a large multi- national industrial concern where his positions included directing a sales and marketing team based in London, which had selling responsibilities in Western Europe, the Middle East, and Africa. Mr.

Ziegler holds a B.S. in Accounting and Finance from Miami University a nd a Master of Business Administration from Case Western Reserve University. Chris is a Certified Public Accountant.

Johnny Mattice, Director Business Development - Johnny is responsible for developing and implementing $30M+ in new business strategies on the West Coast for Compass Energy. Prior to joining CES in March, 2009, Johnny spent 10 years developing and executing marketing and sales strategies in the Energy sector. He was the top Sales Manager in Northern California for Ice Energy, Inc. working wit h thermal energy storage and energy efficiency projects. Johnny holds a B.A. in Psychology from Brigham Young University, Provo Utah.

Phil Zubicki, Director of Operations – Mr. Zubicki is a versatile and creative professional with proven expertise in project development, project and construction management. He has demonstrated ability to develop and implement integrated energy projects and exceeding customers’ expectations.

His entrepreneurial background provides extensive knowledge of complete business and technical cycles and commitment to excellence which produces exceptional results. Greatest strengths demonstrated in challenging engineering and construction situations that require broad range of skills with creative problem solving, relationship building and persuasive communication in project development and implementation. Philip has worked with large commercial construction entities and energy efficiency technology incubators. He has de monstrated proven abilities in selecting, negotiating and managing sub -contractors to implement complex energy projects coast to coast.

Philip has earned his BA in Business Management from Kent State University. He has California B Contractor’s License and is a LEED Accredited Professional.

Donald Fantz Sr. Project Developer - Mr. Fantz has over 30 years of experience as a consulting engineer, energy engineer and performance contracting specialist. His energy engineering experience begin in the 1980’s bei ng employed by Pacific Gas and Electric company (PG&E), where he was a trail blazer in customer energy efficiency and energy conservation. While employed by PG&E, as an energy engineer and energy solutions manager, he was involved with the largest Commerc ial, Industrial and Agricultural customers in San Joaquin Valley and the Bay Area at that time. Mr. Fantz is known nationally in the fields of refrigeration, air conditioning, heating, process design and in the field of power generation and cogeneration ( CHP.) Don is a licensed mechanical engineer (PE) in California. Mr. Fantz is an alumnus of Freson State University (FSU). Mr. Fantz holds a BS degree in Mechanical Engineering from Fresno State University and a Master Degree in Engineering from University of Colorado. He has organized and conducted training seminars in the field of energy conservation for Public Utilities and large commercial and industrial customers. Mr. Fantz is well known as a guest speaker for various technical societies on the subje ct of cogeneration, power 40 AGENDA ITEM NO. 5.

8 generation, photovoltaic solar power generation, absorption refrigeration and thermal energy storage among other energy related topics.

Kevin Fantz, Energy Specialist- Mr. Fantz has over 25 years of experience in energy related fields. His experience in energy management began in 1986 when he was a Flight Engineer in the Air Force as an aviator on C -141 large cargo airlift airframes and has continued to the present. He has been a small commercial energy surveyor for PG&E, an Ene rgy Specialist for P&P Engineering, Resource Manager at Lemoore Naval Air Station where he earned the Federal Energy Management Program award, and commercial energy consultant. Mr. Fantz has crafted many successful programs for both profit and non -profit organizations. These include coordination of California State Grant programs, most notable the Fresno Chamber of Commerce Energy Program, Irrigation District Energy Grants, and Federal Energy Efficiency programs. Mr. Fantz has a BS in Management and Information Systems from CSU at Fresno.

CES’s proposed management approach involves assigning senior level engineers and project management staff to the City of Clovis project. One lead project developer will be assigned to orchestrate the evaluation/design of measures and their presentation to the City’s point of contact.

One lead senior project manager will be responsible for the implementation of those measures, management of subcontractors and the ultimate satisfaction of the client. This project manager will have the ability to make binding field decisions in order to expedite the project.

CES ensures project success by streamlined and efficient organization of resources, focus on communication with the client, availability of resources and knowledge, well-defined accountability, and agile decision -making. In addition, the selection of well -qualified subcontractors, the best possible equipment and a commitment to a customer’s vision provide a combination that will lead to a well executed project.

41 AGENDA ITEM NO. 5.

9 References:

Performance Contracting

Client: College of the Sequoias Community College District Location: Hanford, CA
Project Date: June-December 2022
Project Size: Hanford Educational Center Campus

Total Project Cost: $2.1M

List of Improvements: Developed and implemented 300kW AC Solar Carport

Projected Annual kWh Savings: 540,000
Projected Annual Stipulated Savings: $108,000

Contract Terms: Design/Build, Stipulated Savings

Source of Funds: District Funds

Technical Design Personnel: Vance Williams, Fred Ghahramani, Phil Zubicki, Johnny Mattice, TJ McDonald

Project Schedule: Project completed December 2022

References:

Ron Ballesteros-Perez
Assistant Superintendent/Vice President, Administrative Services College of the Sequoias
(559) 730-3734
[email protected]

42 AGENDA ITEM NO. 5.

10 *PALOMAR COLLEGE WAS RECOGNIZED STATEWIDE FOR “BEST OVERALL DISTRICT- MEDIUM” IN THE CCCCO ANNUAL EXCELLENCE IN ENERGY AND SUSTAINABILITY AWARD COMPETITION.

Client: Palomar CCD
Location: San Marcos, CA
Project Dates: January 2014 – Current

Project Size: (4) Campuses
Total Project Cost: $17.3M

List of Improvements: LED Interior/ Exterior/Parking lot Lighting District wide State of the Art, Title 24 Occupancy Sensor Controls
HVAC Replacement
Campus wide Energy Management System (EMS) upgrade
216 kW Solar Carport and Rooftop PV
620 kW Solar Carport (SEC)
439 kW Solar Carport (Main Campus)
161 kW Solar Carport (NEC)

Projected Annual kWh Savings: 5,590,000
Projected Annual Savings: $824,000
Estimated CCC/IOU Incentives: $600,000

Contract Terms: Design/Build, Stipulated Savings
Source of Funds: 0% SDGE On Bill Financing
CCC/IOU Partnership Rebate
Proposition 39 & District Funding

*Compass Energy negotiated to secure the OBF and Partnership Rebate on behalf of Palomar CCD to cover the balance remaining after Proposition 39 funding.

Technical Design Personnel: Vance Williams, Fred Ghahramani, Phil Zubicki, Rick Brown, Ken Riley, Brandon Reed, Jason Smith

References:

Ron Ballesteros-Perez
VP Administrative Services
(559) 730-3734
[email protected]

43 AGENDA ITEM NO. 5.

11 Client: City of Clovis
Location: Clovis, CA
Project Dates February 2010 - Current
Project Size: (12) Buildings

Total Project Cost: $12.85M

List of Improvements: Citywide Interior & Exterior LED Lighting Retrofits w/Controls Citywide HVAC - Boiler & Chiller Replacements
Solar Photovoltaic – Multiple sites totaling 1.2MW AC

Projected Annual kWh Savings: 3,981,478
Projected Annual Savings: $789,500

Contract Terms: Design/Build, Stipulated Savings

Source of Funds: EECBG Grant, CEC loan, Municipal loan, Utility On Bill Financing, CSI, Utility Incentives

*Compass Energy negotiated and secured the EECBG Grant, Municipality Loans, 1% CEC Loan, CSI & PG&E Rebates on behalf of the City of Clovis

Technical Design Personnel: Johnny Mattice, Fred Ghahramani, Irwin Weingarten, Vance Williams, Mike Baxter, Rick Brown, Phil Zubicki

Project Schedule: Completed on Schedule

References:

Larry Louie (Retired)
Department Support Manager
(559) 260-5752
[email protected]

44 AGENDA ITEM NO. 5.

12 Client: Yosemite Community College District
Location: Modesto, CA
Project Dates November 2022- April 2023
Project Size: (40+) Buildings

Total Project Cost: $5.5M

List of Improvements: LED Retrofit & Dimming Controls East/West Campus Update Building Controls & Standardize HVAC Set Points
Adjusted after hours kWh consumption
290 kW Solar Carport East Campus

Projected Annual kWh Savings: 7,400,000
Projected Annual Stipulated Savings: $681k

Contract Terms: Design/Build, Stipulated Savings

Source of Funds: CEC 1% Loan, Utility Rebate and District Funds

*Compass Energy negotiated and secured the CEC 1% Loan and $200k in Utility Rebates

Technical Design Personnel: Johnny Mattice, Fred Ghahramani, Phil Zubicki, Vance Williams

Project Schedule: On Schedule to be completed April 2023

References:

Judy Lanchester
Director Facilities, Planning & Operations
(209) 575-6903
[email protected]
45 AGENDA ITEM NO. 5.

13 Client: County of Calaveras
Location: San Andreas, CA
Project Dates June-November 2020
Project Size: (15+) Buildings

Total Project Cost: $3.2M

List of Improvements: Replaced (54) HVAC Units
Replaced (2) Gas Fired Boilers
Installed & Commissioned HVAC Controls

Projected Annual kWh Savings: 1,200,000
Projected Annual Stipulated Savings: $102k

Contract Terms: Design/Build, Stipulated Savings

Source of Funds: Municipality Loan and County Funds

Technical Design Personnel: Johnny Mattice, Fred Ghahramani, Phil Zubicki, Vance Williams

Project Schedule: On Schedule and completed in November 2020

References:

Al Alt (Retired)
County Administrative Officer
(530) 521-1955
[email protected]

Recommended Technologies
Although the project for the RFP is strictly Solar PV, CES has included a wide range of ECM’s in our references to show our versatility and expertise in all areas of energy conservation.

46 AGENDA ITEM NO. 5.

14 Technical Approach

Needs Analysis
CES will take a holistic approach to understanding the scope and how energy impacts the City. The first step to an energy service project is to perform a comprehensive energy audit. A site audit is mandatory and will provide the details necessary for the most cost-effective installation. Available space and building kW/kWh load will determine the optimal size of the solar system. Since each site has identified Solar Rooftop space, CES will maximize the space for optimal production and savings.

Next, we will conduct an in-depth energy and economic analyses of the project to determine its cost effectiveness and impact.

Our preliminary review of the design and analysis must indicate that the project is economically viable and will pay for itself within the useful life of its operation. A CES energy audit includes site visits, facility personnel interviews, utility bill analysis, energy simulation modeling and detailed energy engineering calculations.

In our analysis, we will take a more conservative approach to costing and energy analysis. Therefore, CES will not cut corners, delete any work and will not substitute inferior materials and equipment in order to justify our price and our proposal. We assure the City that we shall deliver energy efficiency & renewable projects with superior workmanship, within budget and on time. Ultimately, it is CES’s goal to always utilize equipment and components possessing a high degree of trouble-free endurance, worthy for installation at a government facility.

Once the project is complete CES will contract with a 3 rd party Monitoring and Verification (M&V) company to verify that the system will provide the contracted kW AC.

Training
CES has developed and provided extensive training programs to its customers. The anticipated energy and costs savings will be assured by through implementation of a successful training program. We will provide workshops with training manuals on equipment operation and maintenance procedures/intervals. We will involve the maintenance staff early on, to teach and demonstrate the importance of energy savings coupled with operation efficiencies. We will take a hands-on approach, involving facility maintenance and operations’ staff and be sure they are fully onboard and equipped with the necessary knowledge that will assure they understand the project and are committed to the success of the program.

Staff Training is an integral part of this proposal. We beli eve training staff who will maintain the equipment empowers the client to deliver the energy savings. CES will hold a comprehensive 2 -4 hour monitoring training session specifically tailored for the client’s operational personnel.

Additional training wi ll be made available if needed. CES will commission the monitoring system and identify the optimal parameters for alerts/alarms and establish a City Staff priority list for monitoring notifications. CES will also provide a recommended panel cleaning schedule to maximize production.

47 AGENDA ITEM NO. 5.

15 Project Management
Compass Energy Solutions will manage all Owner initiatives in accordance with the Project Management Institute (PMI) triple constraint of scope schedule and budget. The PMI Project Management Book of Knowledge (PMBOK) lists the five phases of project management as initiation, planning, execution, control and closeout. Training and experience has validated these phases as the most cost effective scheduling methodology to accomplish the goals of the project.

Timeline
The timeline for any project begins with the Notice to Proceed (NTP). After receiving the NTP from the Owner, CES will be begin to develop the preliminary project schedule in anticipation of the kick- off meeting with the Owner.

The scope of work will be phased, requiring multiple mobilizations at each respective site. During the kick-off meeting, a preliminary project schedule i n MS Project format, incorporating a detailed Work Breakdown Structure (WBS) will be reviewed and discussed. Input from the Owner regarding timing and priorities will be noted and incorporated into a revised schedule and submitted for approval. During the execution phase, the project schedule will be updated on a mutually agreed upon interval and submitted accordingly. The project duration is a function of the scope of work, construction document development, material lead time and receiving the necessary a pprovals from the authorities having jurisdiction (AHJ).

Project Development
CES will follow the standard architectural design phases of Schematic Design, Design Development and Construction Documents when preparing the project drawings. At each phase of design, progress drawings will be shared with the Owner for review and critique. Changes to the drawings, if any, will be made incorporating input from the Owner at each phase. This process will apply for all locations.

At the conclusion of the Design D evelopment phase, the Construction Document phase will begin with the intent of completing drawings for submission to the authorities having jurisdiction (AHJ) as part of the permit application process.

Construction Phase
Predicting the time window for co mpletion of the plan check process by the AHJ is speculative and will be represented on the preliminary schedule as an estimated timeline. Materials and equipment will then be ordered, following receipt of the approved construction documents. Based on the availability and delivery dates provided by the manufacturers, a more precise construction schedule will be developed and submitted to the Owner.

Following mobilization and the commencement of field activities, project meetings can be scheduled on an interval at the discretion of the Owner. During each project meeting an updated project schedule will be submitted and discussed as needed.

48 AGENDA ITEM NO. 5.

16 Utility Interconnect and Testing
At the conclusion of the Construction Phase the solar array at each respective loc ation will be interconnected to the utility power grid. Following the interconnect, the photovoltaic modules will be cleaned in anticipation of Measurement and Verification (M&V). The purpose of M&V is to ensure and demonstrate that the array is performing within its power generation design parameters. As standard practice, CES will have the M&V performed by a third -party firm, for purposes of objectivity.

Closeout Phase
The Closeout Phase consists primarily of compiling all of the project documentation which consists, but is not limited to:

1. Compass Energy Solutions warranty statement.

2. All product cut sheets.

3. All product warranty documents.

4. Copies of all approved submittals.

5. Copy of the building permit.

6. Copy of all inspection cards.

7. Complete set of approved drawings.

8. Memory device (1) containing all of the closeout materials listed.

Team Member Responsibilities
Project Manager
The PM has the most direct contact with field forces and reports to the Compass Energy Director of Operations. Primary responsibilities include:

1. Maintaining adherence to the jobsite safety program.

2. Ensuring quality control.

3. Project schedule compliance.

4. Coordination of field forces.

5. Interface with the City representative.

Director of Operations
The Compass Energy Director of Operations primary responsibilities include:

1. Primary interface with the City during the Construction Phase.

2. Development and maintenance of the project schedule.

3. Ensure compliance with all contractual obligations.

4. Prepare all documents for scheduled Owner’s meetings.

5. Coordinate and participate in project meetings.

6. Respond to Owner representative with information and updates as needed and/or requested.

49 AGENDA ITEM NO. 5.

17 Savings Projections
Base line calculation, ECM calculations and post -installation calculations are based on industry recognized standards and tools that will include a number of attributes such as historical utility data, on site measurement, equipment name plate data and a n umber of other engineering calculations, inclusive of computer simulations. Since utility data history is not available or limited for this project, CES used PG&E’s per sq/ft electrical use for the Senior Center & Transit Hub and used Fire Station #5’s electrical load profile to estimate Fire Station #6. We also analyzed the limited Fire Station #6 electrical data to determine the cost/kWh. The identified solar roof area production will not exceed the estimated electrical load for each of the sites.

Each of the Solar PV sites has an identified roof area that is solar ready. CES will provide the most efficient and high output panels to produce the most savings within the identified solar ready areas.

Helioscope is the software tool that we will use to calculate the estimated annual kWh production of each system. The Helioscope software is a system calculation tool that will assist CES with annual kWh production and projected cost savings based on weather variables and Peak/Partial Peak utility daily hours. CES will provide an estimated annual kWh production based on all current variables.

Once the estimated annual kWh production is determined, CES will identify a blended utility rate, specific for each location based upon PG&E’s rate tariff. The blended rat e will be multiplied with the annual kWh production to provide an annual stipulated savings for each location. The information is transferred into Exhibit C.

Diverse Vendors
CES offers a corporate culture where ideas are welcomed and encouraged; diversity programs capture the strength of thought rather than ethnicity, and mentoring/training programs take careers and business opportunities to new heights. CES offers opportunities in Energy Engineering, Mechanical Engineering, Electrical Engineering, Project Development, Construction Management, and Measurement & Verification fields. We also offer great careers to experienced professionals pursuing opportunities in conceptual sales and business development. CES offers exclusive subcontract opportunities to VENDORS qualified under Federal and State Diversity Programs.

In 2012 CES was interested in expanding into State & Federal projects. CES worked closely with Veteran-Owned Small Business (VOSB) owners and incorporated the VOSB into our energy savings proposal to the Department of General Services (DGS). Although CES decided not to work on State & Federal projects, the VOSB played an integral role in our State proposals.

50 AGENDA ITEM NO. 5.

18 Financial Approach

Financial Source
There are (2) exceptional finance vehicles that allow Cities to implement energy efficient projects:

California Energy Commission (CEC) 1% Energy Loan Program and PG&E 0% On Bill Financing (OBF). CES has over 15 years of experience working with the CEC & OBF finance programs. CES has successfully assisted the City of Clovis in qualifying multiple CEC & OBF projects. As an added benefit and pass-through cost, CES manages all the paperwork to qualify the projects, the payment reimbursement process and the post project quarterly reporting.

The CEC 1% Loan Program
• 1% up to 20 years
• No collateral
• Secured by the savings
• $3M Max

PG&E 0% On Bill Financing
• 0% up to 10 years
• No collateral
• Secured by the savings
• $4M Max
• Solar does not qualify

CES would recommend the CEC 1% Energy Loan Program for the Solar Rooftop Project. The process is user friendly, the 1% loan is secured by the savings and the reimbursement payments are within 15 days. The CEC 1% Loan creates a net positive cash flow, day 1 for the Solar Rooftop Project.

In addition to the multiple CEC & OBF projects that we qualified for the City of Clovis, CES has executed 11+ CEC & OBF energy projects for other clients. Last month, we qualified a $3M CEC 1% Energy Loan for a Central Valley Community Colleg e to implement a Solar Carport & LED Lighting Project.

Guarantee Documents
CES guarantees the performance and equipment of the Solar PV System through an M&V protocol.

CES does not recommend a guaranteed savings approach for the City of Clovis. Guaranteed savings contracts are convoluted and are layered with caveats that benefit/protect the ESCO’s. There are additional costs with a guaranteed savings model that includes ongoing measurement & verification along with commissioning to ensure the agreed upon savings. Paperwork/accounting for the City is another pitfall in the guaranteed savings model. The agreed upon savings is set at such a low baseline that the savings will most likely be achieved and if the savings are not achieved , there are further stipulations in the contract to assist the ESCO in lowering their risk. If the guaranteed savings are not met, then negotiations take place; more money and time for the City. CES does not believe the guaranteed savings, shared savings or power purchase agreements (PPA) benefit our customers.

51 AGENDA ITEM NO. 5.

19 Standards of Service and Comfort
CES is not proposing a guaranteed savings contract because of the response stated in the Guaranteed Document section and other sections throughout the RFP. Guaranteed Savings and PPA contracts favor the ESCO’s and create a much higher cost/risk for the customer.

CES feels that it is in the best interest of our clients and this Solar PV RFP that a more cost-effective stipulated savings approach is implemented.

The City is in control of mitigating the risk by managing two areas of maintenance for the Solar Rooftop Project: Panel Cleaning and System Monitoring on a regular basis. This will assist in reaching the stipulated savings.

Savings Calculations
CES will take a holistic approach to understanding the scope and how energy impacts the City of Clovis. The first step to an energy service project is to perform a comprehensive energy audit. We typically conduct a detailed review of the individual buildings, conducting an in -depth energy and economic analyses of the project to determine its cost effectivene ss and impact. Our preliminary review of the design and analysis indicate that the project is economically viable and will pay for itself within the useful life of its operation. A CES energy audit includes site visits, facility personnel interviews, utili ty bill analysis, energy simulation modeling and detailed energy engineering calculations.

In our analysis, we will take a more conservative approach to costing and stipulated energy analysis. Therefore, CES will not cut corners, delete any work and wil l not substitute inferior materials and equipment in order to justify our price and our proposal. We assure Clovis that we shall deliver energy efficiency & renewable projects with superior workmanship, within budget and on time.

The savings is determined by multiplying the kW AC system size by the estimated annual sun hours; which will provide an estimated annual kWh production. The annual kWh production is multiplied by the utility electric blended rate of $.30 for Fire Station #6 and $.28 blended rate for Transit Hub & Senior Center to arrive at the first year savings of $99,344. The $.30 rate at Fire Station #6 is based on the limited utility data and is conservative since we do not have utility data for the peak season.

The Senior Center & Transit Hub $.28 are based on PG&E rates schedules for buildings of this type and size.

We are using a tier 1 high efficiency bi -facial panel with an efficiency rate of 21.2%. The panel is 98% efficient during year 1 and has a slight degradation of .45% each year thereafter. California Solar Initiative (CSI) guidelines reflect an 80% efficiency rating at 25 years; the current panel identified for this project will retain an 87% efficiency rating at 25 years.

Inverter efficiency also plays a significant role with sy stem efficiency. The identified three phase inverter is 98% efficient.

52 AGENDA ITEM NO. 5.

20 Monitoring & Verification (M&V) Protocols:

1. The array must be cleaned the day before an expected clear day to remove dust and debris

2. Measure ambient temperature in four locations per array, derive averages

3. Measure cell temperature in four locations per array, derive averages

4. Measure irradiance in multiple locations in conjunction with AC output readings

5. Measure wind speed in four locations per array

6. The electrical engineer will calculate the planned voltage drop in the system wiring, which will be between 2‐3%

7. Measure system AC output (kW) at the inverter and at the Main Switchboard using handheld equipment. The two reading locations will show the voltage drop along the AC home run.

8. Measure DC output at the string combiner boxes and at the DC inputs of the inverter. The two reading locations will show the voltage drop along the DC wiring run.

9. Apply adjustment factors (2‐6) to the measurements derived in steps 7 and 8. These factor s will be compared to the published data generated by the CECPV calculator for the date and hour of testing for this system in this location.

53 AGENDA ITEM NO. 5.

21 Bidding Process

CES is 100% brand, product and service neutral and is not affiliated with any manufacturer or product line. This flexibility affords CES the ability to respond to, and provide, the most cost -effective solutions for our clients.

In conjunction with the customer, the energy efficien cy measures to be addressed will be developed into a comprehensive project scope of work. The scope of work (SOW) is the standard by which all selected and invited participating vendors are measured.

Compass Energy Solution will utilize our resources to identify multiple qualified vendors who fulfill the requirements necessary for successful implementation. The primary metrics for selection are as follows:

1. Core competency of skill sets.

2. Previous successful implementation with Compass.

3. Geographic proximity to the site in order to capture cost efficiency.

4. Ability to meet or exceed the completion timeline expectations.

5. Previous experience with the type of customer (public sector, private sector).

6. Bonding capability.

7. Insurance coverage limits.

The Cities ability to post the project on their Website, allows local bidders to submit their interest level and capabilities to CES. CES will qualify all interested vendors.

54 AGENDA ITEM NO. 5.

22 Energy Savings Computations

The list provided under this section in the RFP is detailed and represents all the areas that Compass Energy would cover in a comprehensive feasibility study for specific energy conservation measures (ECM). LED Lighting Retrofit or a HVAC Replacement Project would require a different set of saving calculations than a Central Plant or Solar PV Project. CES also considers Title 24 mandates in calculating the stipulated savings.

Solar PV savings will be calculated in a stipulated savings approach. CES will provide key data points, such as histo rical sun data for the central valley area, panel wattage/degradation, inverter efficiency and PG&E rate analysis as it relates to peak/partial peak times. The data points will be entered into the Helioscope tool (qualified by the California Energy Commiss ion) that will provide kWh system production. The stipulated savings will be calculated with system production and adjusted for PG&E’s peak/partial peak time of use.

Baseline Methodology
Baseline Methodology does not apply to this particular Solar Rooftop Project. Senior Center and Transit Hub do not have any historical utility data and Fire Station #6 is limited to 6 months of history.

CES calculated an estimated electrical load profile f or the Senior Center & Transit Hub by using PG&E’s per sq/ft electrical use. We used Fire Station #5 electrical load profile and the limited electrical data to estimate Fire Station #6. The identified solar roof area production will not exceed the estimated electrical load for each of the sites.

Operational and Maintenance (O&M) Savings
O&M savings are identified in more detail for guaranteed savings projects or Power Purchase Agreements (PPA). The Solar Rooftop project will have two areas that will suppor t the stipulated savings: Panel Cleaning & System Monitoring

Panel cleaning is important to maximize production. We recommend Panel Cleaning 6 times a year in the Central Valley: February, May, July, August, September & November

AlsoEnergy is the current monitoring system which will be installed and linked to the Solar Rooftop Project. This will allow the city-wide solar systems to be managed by a single dashboard. Managing the alerts and alarms in a timely manner will maximize production and savings for the systems.

Measurement and Verification (M&V)
The purpose of M&V is to ensure and demonstrate that the array is performing within its power generation design parameters. As standard practice, Compass Energy has the M&V performed by a third-party firm for purposes of objectivity.

The vendor will deliver a high‐performance solar electric system and will empirically prove that they meet or exceed expectations. The proposed system AC output is rated by the California Energy Commission at: +/- 550 kW CEC-AC at PVUSA Test Conditions (PTC) with a CEC‐rated inverter efficiency of 95.0%. The kW peak values above are a predicted value used for comparative purposes; the system will not regularly output kW peak. Actual output will depend on several adjustment factors addressed herein.
55 AGENDA ITEM NO. 5.

23 We will conduct a field test once the system is commissioned to verify that actual output meets adjusted expectations, when adjusted for:
• cell temperature, insolation, and incidence angle at the time of testing; and • fixed de‐rate of 2% to account for voltage drop in the system.

We propose a target range not to exceed 2% of the designed system output of +/ - 550 kW CEC-AC.

There are other minor factors such as series resistance, shunt resistance, diode ideality factor, refraction index of glass at varying degrees of incidence, etc., making a perfect prediction elusive.

We will thus measure cell temperature, light current (w/m2), and angle of incidence (relation of sun’s position to array azimuth and tilt angle) at the time of output t esting to determine system production against the reference system calculated by the CEC‐NSHP calculator hourly historic data. This methodology indicates that an accurate way to measure light intensity is to reference a single solar cell’s performance. With that variable known, we can reference actual performance against referenced performance for the entire array.

Temperature
According to manufacturer’s specs and industry STC for crystalline silicon PV cells, for every degree Centigrade above 25° C cell t emperature, voltage will decrease by 0.5%. This is known as the “module temperature coefficient of power.” Thus, if we measure the ambient temperature to be 30°, or five degrees above 25°, we will expect a 2.5% voltage drop. We propose to take four tempera ture readings at each array, arriving at an average for each array and thereby an average among the arrays.

We will also measure cell temperature at these same locations.

Wind Speed
If on the day of the test we have exactly 1 m/s of wind speed, then no adjustment factor for wind need be applied. If we have less wind than the PTC standard, we will see higher cell temps and lose voltage; conversely, if we have more wind, we will see lower cell temps and gain back voltage loss. The wind speed measured will be divided into the 1 m/s standard. For example, 1 m/s wind speed and 20° C ambient temperature translate in one PTC test to a module temperature of 47° C. If the wind speed is less, the module temp will rise proportionately. If we measure the wind speed to be less than 1 m/s, and the cell temperature to be greater than 47° C, we will apply an adjustment factor accordingly, based upon the module temperature coefficient of power, as defined above.

Irradiance
The standard amount of illumination that is required for a PV module to function to PTC or STC specifications is 1000 watt/m2. Real world conditions (time of day, season, humidity, cloud cover) often provide less than 1000 watt/m2 an d so an adjustment factor must be applied. For example, if we conduct the test in mid‐December and measure 600 watt/m2, we would expect to see 60% performance from the PV modules, before other losses are considered. We will take light level readings at four locations per array, at a minimum, to determine the irradiance adjustment factor. As irradiance is often the most variable of the variables, we will coordinate light level readings with AC output readings at the inverter.

Voltage Drop
The system will be designed to maintain a voltage drop of no more than 2%. This is a common assumption for electrical system engineering. We will measure the voltage at different points across 56 AGENDA ITEM NO. 5.

24 the system to verify the voltage drop does not exceed 2%. If it does, we will incur a per kW penalty, inasmuch as it will lead to a decrease in kW that exceeds expectations.

Measurement and Verification Procedure

1. The array must be cleaned the day before an expected clear day to remove dust and debris

2. Measure ambient temperature in four locations per array, derive averages

3. Measure cell temperature in four locations per array, derive averages

4. Measure irradiance in multiple locations in conjunction with AC output readings

5. Measure wind speed in four locations per array

6. The electrical engine er will calculate the planned voltage drop in the system wiring, which will not exceed 2%

7. Measure system AC output (kW) at the inverter and at the Main Switchboard using handheld equipment. The two reading locations will show the voltage drop along the AC home run.

8. Measure DC output at the string combiner boxes and at the DC inputs of the inverter. The two reading locations will show the voltage drop along the DC wiring run.

9. Apply adjustment factors (2‐6) to the measurements derived in steps 7 and 8. These factors will be compared to the published data generated by the CECPV calculator for the date and hour of testing for this system in this location.

For example, if on the day of verification testing, insolation is measured at 880 w/m2, and cell surface temperatures are at 40° C, the design value of 30 kW would be adjusted by 0.88 from Schedule MV1, and 0.92757 from Schedule MV2, resulting in an environment‐adjusted target of: 30 x (0.88 x

0.92757), or 24.5 kW peak.

Calculation Methodology
CES mitigates the City’s risk by using a conservative approach in determining the dollar savings for Solar PV; unlike an LED lighting retrofit, which is more straight forward. If you remove a 20w lamp and replace it with a 10w lamp, the 10w delta is your s avings. Solar PV is a moving target with variables in the weather and PG&E rate increases. PG&E has stated a minimum annual 5% rate increase through 2030. A good example of weather variables are the Summer fires, which created smoke that shut out the sun and decreased solar production across California.

CES will maximize the identified solar rooftop space with high efficiency and high output tier 1 panels, which will be driven by a high efficiency inverter. We are using a tier 1 high efficiency bi - facial panel with an efficiency rate of 21.2%. The panel is 98% efficient year 1 and has a slight degradation of .45% each year after. California Solar Initiative (CSI) guidelines reflect an 80% efficiency at 25 years. The current panel identified for this project has an 87% efficiency rating at 25 years. Panel efficiency is important because panel degradation plays a role in determining the overall lifetime savings and must be accounted for in the calculations.

The dollar savings is calculated by multiplying the kW AC system size by the estimated annual sun hours; which will provide an estimated annual kWh production. The annual kWh production is multiplied by the utility electric blended rate of $.30 for Fire Station #6 and $.28 blended rate for Transit Hub & Senior Center to arrive at the first year savings of $99,344. The $.30 rate at Fire Station #6 is based on the limited utility data and is conservative since we do not have utility data for the peak season. The Senior Center & Transit Hub $.28 are based on P G&E rates schedules for buildings of this type and size.
57 AGENDA ITEM NO. 5.

25 Staff Responsibilities
The Solar Rooftop project will have two areas that will support the stipulated savings: Panel Cleaning & System Monitoring

Panel cleaning is important to maximize production. We recommend Panel Cleaning (6) times a year in the Central Valley: February, May, July, August, September & November. This will ensure peak system production.

AlsoEnergy is the current monitoring system which will be installed and linked to the Solar Rooftop Project. This will allow the city-wide solar systems to be managed by a single dashboard. Managing the alerts and alarms in a timely manner will maximize production and savings for the systems. It is important to address system alert/alarms in a timely manner in order to minimize any type of system downtime.

CES understands that Energy Projects are not our customer’s core competency. We will minimize and streamline the responsibilities to further ensure a successful project.

58 AGENDA ITEM NO. 5.

26 Other Benefits

CES has over 15 years of experience with successful California Energy Commission applications that have allowed Cities and Districts to implement energy saving projects with no out-of-pocket expense.

All of our projects provide a net positive cash flow for our customers from day 1.

The City of Clovis has experienced first-hand our ability to not only deliver a project, but the detailed communication and exceptional service we provide during and after the project is complete. Our references will tell you that CES is a true partner that will make sure expectations are met or exceeded.

An important benefit to our customers is knowing that there will be No Change Orders, CES will take all the risk in delivering a turnkey cost-effective solution.

The (3) new buildings coming online for the City will add electrical costs to the overall utility account.

The Solar Rooftop Project will not only reduce the electrical costs at each facility, but protect the facilities from PG&E rate increases. Every dollar saved goes directly to the City’s bottom line.

In addition, CES is committed to the City of Clovis as a partner/energy consultant to provide further insight, professional advice and information, not only on this project, but any future energy endeavors the City may have.

As we have in the past, it is our intent to work closely with your assigned management team, post install, to provide them with the necessary data in order for them to prepare a follow -up staff report to the Clovis City Council at whatever time int erval you feel necessary, (e.g. 1 year, 3 year). We realize the importance of keeping your City Council properly informed of the City’s investment and do not take the responsible expenditure of taxpayer dollars lightly.

CES will also make its services ava ilable to the City for future energy strategies, whether it’s for something as simple as energy site assessments, PG&E meter audits (to assure each facility is on the most cost-efficient meter rating), or full implementation of beneficial energy conservation measures.

59 AGENDA ITEM NO. 5.

27 Exhibit B
Project Description

Project A
Fire Station #6
CES is proposing a 24.4 kW AC Rooftop System for Fire Station #6 to maximize production on the available roof space. (2) 97% CEC Efficiency Rated Solar Edge Three Phase Inverters with Synergy Technology will be installed, along with (56) Hanwha Tier 1 480w Q Cells, Bifacial Double Glass Modules.

The limited utility data shows a $.30/kWh blended rate. The blended rate is conservative since it does not include the peak season.

Project B
Clovis Senior Activity Center
CES is proposing a 152.2 kW AC Rooftop System for the Senior Center to maximize production on the available roof space. (3) 97% CEC Efficiency Rated Solar Edge Three Phase Inverters with Synergy Technology will be installed, along with (349) Hanwha Tier 1 480w Q Cells, Bifacial Double Glass Modules.

$.28/kWh blended rate is used in the annual savings based on the PG&E per sq/ft calculations for the building type and size.

Project C
Transit Hub
CES is proposing the same size system for Transit Hub as Fire Station #6, a 24.4 kW AC Rooftop System to maximize production on the available roof space. (2) 97% CEC Efficiency Rated Solar Edge Three Phase Inverters with Synergy Technology will be installed, along with (56) Hanwha Tier 1 480w Q Cells, Bifacial Double Glass Modules.

$.28/kWh blended rate is used in the annual savings based on the PG&E per sq/ft calculations for the building type and size.

The overall turnkey design-build, not to exceed project, with no change orders will provide 221 kW DC/201 kW AC. This will be verified through an independent M&V company once the project is complete. The (3) new systems will be linked to the existing Also Energy monitoring system.

A tentative construction schedule timeline is 4-6 months from Notice to Proceed (NTP). Installation can start on Fire Station #6, but overall project completion will be dictated by the completion of the Senior Center & Transit Hub.

60 AGENDA ITEM NO. 5.

28 Exhibit C
Project Cost Analysis

ECM Description Location
Annual
kWh
Savings
Annual Therm
Savings
Projected
Annual
$$ Savings
Project
Costs
Estimated
Rebates
Net Project
Cost
Payback
Years
Fire Station #6
Photovoltaic Design &
Install
42,700 $12,810 $116,864 8.5
Clovis Senior Activity
Center Photovoltaic
Design & Install
266,350 $74,578 $728,897 8.2
Transit Hub
Photovoltaic Design &
Install
42,700 $11,956 $116,864 8.2
Total 351,750 $99,344 $962,625
Project
Cost PG&E Rebate Net Project
Cost
Annual
Savings
Average
Payback
$962,625 $99,344 8.2
Total Project Summary
61 AGENDA ITEM NO. 5.

29 Acknowledgment

62 AGENDA ITEM NO. 5.

30 Insurance Documents

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $

COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
1/20/2023
(804) 213-3553 4553 (804) 359-9546
44520
Compass Energy Solutions, L.P.
1811 Huguenot Road, Suite 206
Midlothian, VA 23113
A 2,000,000
X EPK-141441 10/26/2022 10/26/2023 100,000
10,000
2,000,000
2,000,000
2,000,000
1,000,000A
X EPK-141441 10/26/2022 10/26/2023
3,000,000A
EFX-121400 10/26/2022 10/26/2023 3,000,000
0 City of Clovis, its officers, agents, employees and vlounteers are included as additional insureds with respects to work performed by the named insured, per attached Endorsements EN0111-0211 and EN0115-0211.

City of Clovis
1033 fifth Street
Clovis, CA 93612
COMPENE-01 XR1JSCHNURMAN
AssuredPartners of VA, LLC - Richmond
4909 Dickens Road, Suite 200
Richmond, VA 23230
Joanne Schnurman
[email protected]
Crum & Forster Specialty Insurance
X
X
X
X X
X
X
X
63 AGENDA ITEM NO. 5.

31 64
AGENDA ITEM NO. 5.

32 65
AGENDA ITEM NO. 5.

33 66
AGENDA ITEM NO. 5.

34 EXHIBIT C

INSURANCE REQUIREMENTS

Prior to commencement of the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City.

a. Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:

(i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $2,000,000.00 per occurrence or claim and $2,000,000 in the aggregate. Said insurance shall be maintained for an additional period of five years following the earlier of completion of Consultant’s Services under this Agreement or termination of this Agreement.

(ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

(iii) Worker's Compensation Insurance as required by the State of California.

(iv) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.

(v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.

b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:

(i) The City, its officers, officials, employees, agents, and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at 67 AGENDA ITEM NO. 5.

35 least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).

(ii) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

(iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.

(iv) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

(v) Any deductibles or self-insured retentions must be declared to and approved by the City of Clovis Risk Services. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.

d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement.

e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above.

f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement. 68 AGENDA ITEM NO. 5.

36 EXHIBIT D

SIGNING AUTHORITY

69 AGENDA ITEM NO. 5.

37 CITY OF CLOVIS

CONSULTANT SERVICE AGREEMENT

This Consultant Services Agreement ("Agreement") is entered into between the City of Clovis, a California general law city ("City") and Compass Energy Solutions ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on April 25, 2023 ("Effective Date").

RECITALS

A. City desires to obtain Energy Consultant Services ("Services") more fully described in Exhibit A, and, if applicable, as further set forth in the proposal from Consultant attached as Exhibit B, which are incorporated herein by reference.

B. Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.

C. City desires to retain Consultant, and Consultant desires to provide the City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform the Services described in the Recitals and detailed in Exhibits A & B. Changes in the scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.

2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement and/or Exhibit A conflict with Exhibit B, this Agreement and Exhibit A shall control. No contractual terms and/or conditions found in Exhibit B shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant.

3. Term of Agreement; Commencement of Services; Schedule. The term of this Agreement shall commence on April 25, 2023, and Consultant shall begin performing the Services on that date, unless otherwise instructed by City. This Agreement shall terminate on March 25, 2024, unless extended beyond that date by mutual consent of the Parties, for a period not exceeding 1 year. This Agreement may be terminated prior to the end of the term pursuant to Section 17 herein.

Consultant shall perform the Services according to the schedule set forth in Exhibits A and/or B, if applicable. If no schedule is set forth in Exhibits A and/or B, City and Consultant shall mutually agree on a schedule for performance of the Services and completion of any deliverables. The schedule shall be subject to modification based on the City’s operational needs. City will notify Consultant in advance of any modification to the schedule.

70 AGENDA ITEM NO. 5.

38 4. Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement according to the rate(s) stated in Exhibit A or in Consultant’s Proposal, which is set forth in Exhibit B, as applicable. The total amount paid by City to Consultant shall not exceed Nine Hundred Sixty Two Thousand Six Hundred Twenty-five Dollars ($962,625).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business.

Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City.

6. Consultant Representations; Standard of Care; Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which Services are being provided under this Agreement and Consultant and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards. Consultant shall comply with all Labor Code requirements for public works projects if applicable to Consultant’s work under this Agreement.

7. Identity of Subcontractors and Sub-Consultants. Consultant shall, before commencing any work under this Agreement, provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City's permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.

8. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

9. Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of 71 AGENDA ITEM NO. 5.

39 City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

10. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Consultant under this Agreement.

11. Ownership and Inspection of Documents. All data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit.

Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of City. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

12. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

13. City Name and Logo. Consultant shall not use City's name or insignia, photographs relating to the City projects or work for which Consultant's services are rendered, or any publicity pertaining to the Consultant's Services under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

14. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Consultant’s or its employees’ performance of the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.

15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

16. City Right to Employ Other Consultants. Unless Exhibit A specifically provides that the Services City seeks pursuant to this Agreement are exclusive to Consultant, this Agreement and performance of the Services are non-exclusive and City reserves the right to employ other consultants in connection with the Services while this Agreement is in effect.
72 AGENDA ITEM NO. 5.

40 17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:

a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Consultant. Upon receipt of a termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, unless the notice directs otherwise.

b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach.

c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.

d. Effect of Termination. Upon termination of this Agreement, Consultant shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever.

18. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit C.

19. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Consultant or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

20. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business tax certificate from City and pay the applicable annual business registration tax to City during the term of this Agreement.

21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due 73 AGENDA ITEM NO. 5.

41 Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.

22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:

a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.

b. Delivered by e-mail to a known address of the party to whom it is directed provided the e- mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.

c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery.

d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.

23. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

25. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities. Evidence of Consultant’s authority is attached as Exhibit D.

26. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either 74 AGENDA ITEM NO. 5.

42 party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

31. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

32. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

33. Performance Requirements. Notwithstanding, and in addition to the provisions of, Section 17 of this Agreement, if the Services performed hereunder are not in conformity with the requirements of this Agreement and other pertinent documents, City shall have the right to require Consultant to correct the work in conformity with the requirements of this Agreement at no additional increase in the payment to Consultant. Consultant shall promptly correct the work rejected by City for failing to conform to the requirements of the Agreement. Remedy for non-compliance or non-performance shall commence within 24 hours of notice. City shall also have the right to require Consultant to take all necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement. In the event Consultant fails to correct the work or fails to take necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.

34. Licensing. Consultant shall maintain the following license throughout the performance of this Agreement: Class A&B. Consultant shall also obtain and maintain a City of Clovis Business Tax Certificate prior to commencing performance of the Services.

35. Payment Bond. When required by applicable law, including Civil Code section 9550, prior to commencing any portion of the Services, the Consultant shall apply for and furnish City a payment bond for its portion of the Services which shall cover 100% payment for all obligations arising under the Agreement and guaranteeing the payment in full of all claims for labor performed and materials supplied for the Services. Only bonds executed by admitted Surety insurers as defined in Code of Civil Procedure section 75 AGENDA ITEM NO. 5.

43 995.120 shall be accepted. The surety insurers must, unless otherwise agreed to by City in writing, at the time of issuance of the bonds, have a rating not lower than “A-” as rated by A.M. Best Company, Inc. or other independent rating companies. City reserves the right to approve or reject the surety insurers selected by Consultant and to require Consultant to obtain bonds from surety insurers satisfactory to City.

36. Performance Bond. Prior to commencing any portion of the Services, the Consultant shall apply for and furnish City a performance bond for its portion of the Services which shall cover 100% faithful performance of all obligations arising under the Agreement. Only bonds executed by admitted Surety insurers as defined in Code of Civil Procedure section 995.120 shall be accepted. The surety insurers must, unless otherwise agreed to by City in writing, at the time of issuance of the bonds, have a rating not lower than “A-” as rated by A.M. Best Company, Inc. or other independent rating companies. City reserves the right to approve or reject the surety insurers selected by Consultant and to require Consultant to obtain bonds from surety insurers satisfactory to City.

37. Delay Damages. Time is of the essence with respect to this Agreement and the Services performed by Consultant. Consultant’s failure to timely complete the Services under this Agreement shall result in the assessment of delay damages at the rate of $300.00 per day for each calendar day the Services remain unfinished beyond the Completion Date or Services remains incomplete beyond any phase or milestone identified in the schedule as being subject to Delay Damages. The actual occurrence of damages and the actual amount of the damages which City would suffer for such delayed completion of the Services are impracticable and extremely difficult to calculate. Damages which City would suffer in the event of such delay include, but are not limited to, loss of the use of the other contractor’s work and the project, disruption of activities, costs of administration and supervision, and the incalculable inconvenience and loss suffered by the public. Accordingly, the parties agree that the amount set forth herein shall be presumed to be the amount of damages which City shall directly incur for each calendar day that completion of the Services are delayed.

38. Prevailing Wages; Apprenticeship. When the Services constitute a public work under the Labor Code, the Services shall be performed in accordance with the provisions of Section 1770 et seq. of the La bor Code of the State of California, and all other applicable provisions concerning public works projects, which are hereby incorporated by reference and made a part hereof . Consultant shall be responsible for the payment of prevailing wages in accordance with State and Federal law. Consultant shall further be responsible for ensuring any subcontractors comply with any requirements for the payment of prevailing wages in accordance with State and Federal law, if applicable. The Consultant and any subcontractor under the Consultant as a penalty to the Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which s uch worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to e ach worker by the Consultant. Consultant shall comply with all requirements and obligations relating to apprentices, apprenticeships, and/or apprenticeable crafts or trades, as applicable, including but not limited to Labor Code section 1775.5. Consultant shall register with the Department of Industrial Relations, if required.

[Signature Page Follows]

76 AGENDA ITEM NO. 5.

44 Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.

CONSULTANT CITY OF CLOVIS

By: __________________________ By: ______________________________ John Holt, City Manager

Date: __________________ Date: ______________________

Party Identification and Contact Information:

Consultant City of Clovis
Compass Energy Solutions General Services
Attn: Johnny Mattice Attn: Stephen Frankian
Title Director Business Development Title: Facilities Maintenance/Purchasing Manager 2088 Fenceline Drive 1033 Fifth Street
Folsom, CA 95630 Clovis, CA 93612
[email protected] [E-Mail Address] [email protected] [E-Mail Address] 916-216-6739 [Phone Number] 559-324-2705 [Phone Number]

ATTEST

_______________________________
Karey Cha, City Clerk

APPROVED AS TO FORM

_______________________________
Scott G. Cross, City Attorney

77 AGENDA ITEM NO. 5.

45 EXHIBIT A

DESCRIPTION OF SERVICES

SCOPE OF SERVICES : To include but not limited to Design, Bid and Construction of the projects listed below.

Project A
Fire Station #6
CES is proposing a 24.4 kW AC Rooftop System for Fire Station #6 to maximize production on the available roof space. (2) 97% CEC Efficiency Rated Solar Edge Three Phase Inverters with Synergy Technology will be installed, along with (56) Hanwha Tier 1 480w Q Cells, Bifacial Double Glass Modules.

The limited utility data shows a $.30/kWh blended rate. The blended rate is conservative since it does not include the peak season.

Project B
Clovis Senior Activity Center
CES is proposing a 152.2 kW AC Rooftop System for the Senior Center to maximize production on the available roof space. (3) 97% CEC Efficiency Rated Solar Edge Three Phase Inverters with Synergy Technology will be installed, along with (349) Hanwha Tier 1 480w Q Cells, Bifacial Double Glass Modules.

$.28/kWh blended rate is used in the annual savings based on the PG&E per sq/ft calculations for the building type and size.

Project C
Transit Hub
CES is proposing the same size system for Transit Hub as Fire Station #6, a 24.4 kW AC Rooftop System to maximize production on the available roof space. (2) 97% CEC Efficiency Rated Solar Edge Three Phase Inverters with Synergy Technology will be installed, along with (56) Hanwha Tier 1 480w Q Cells, Bifacial Double Glass Modules.

$.28/kWh blended rate is used in the annual savings based on the PG&E per sq/ft calculations for the building type and size.

The overall turnkey design-build, not to exceed project, with no change orders will provide 221 kW DC/201 kW AC. This will be verified through an independent M&V company once the project is complete. The (3) new systems will be linked to the existing Also Energy monitoring system.

A tentative construction schedule timeline is 4-6 months from Notice to Proceed (NTP). Installation can start on Fire Station #6, but overall project completion will be dictated by the completion of the Senior Center & Transit Hub.

78 AGENDA ITEM NO. 5.

46 SCHEDULE

PG&E Application submitted prior to April 14, 2023
CEC Loan Application
Start Date: April 25, 2023
Completion Date March 25, 2024

COMPENSATION AND RATES

Consultant shall be compensated according to the following rates/fees:

These rates/fees represent the total cost for all Services provided under this Agreement, including labor, equipment, materials, costs and expenses, taxes, and overhead, to be paid for Services satisfactorily performed.

Total compensation, including expense reimbursement, shall not exceed [Nine Hundred Sixty-two Thousand Six Hundred Twenty-five Dollars]:

CONTRACT TOTAL: $962,625

79 AGENDA ITEM NO. 5.

ATTACHMENT 2
RESOLUTION 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING A LOAN APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR

FUNDING OF SPECIFIED ENERGY EFFICIENCY PROJECTS

WHEREAS, the California Energy Commission provides loans to schools, hospitals, local governments, special districts, and public care institutions to finance energy efficiency improvements.

NOW THEREFORE, BE IT RESOLVED, that the Clovis City Council authorizes the City of Clovis to apply for an energy efficiency loan from the California Energy Commission to implement energy efficiency measures.

BE IT ALSO RESOLVED, that in compliance with the California Environmental Quality Act (CEQA), the Clovis City Council (Governing Body) finds that the activity funded by th e loan is a project that is exempt under CEQA Guidelines Section 5301 Existing Facilities Class 1 and Section 15302 Replacement or Reconstruction Class 2.

BE IT ALSO RESOLVED , that if recommended for funding by the California Energy Commission, the Clovis City Council authorizes City of Clovis to accept a loan up to $962,625.

BE IT ALSO RESOLVED , that the amount of the loan will be paid in full, plus interest, under the terms and conditions of the Loan Agreement, Promissory Note and Tax Certificate of the California Energy Commission.

BE IT FURTHER RESOLVED, that John Holt, Clovis City Manager, is hereby authorized and empowered to ex ecute in the name of the City of Clovis all necessary documents to implement and carry-out the purpose of this resolution, and to undertake all actions necessary to undertake and complete the energy efficiency projects.

* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on April 3, 2023 by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:
_____________________________ ______________________________ Mayor City Clerk
80 AGENDA ITEM NO. 5.

TO: Mayor and City Council
FROM: General Services Department
DATE: April 3, 2023
SUBJECT: General Services – Approval – Res. 23 -___, Authorizing the General Services Manager to Apply for and Administer the Public Benefit Grants Program – New Alternative Fuel Vehicle Purchase Through San Joaquin Valley Air Pollution Control District.

ATTACHMENTS: 1. Resolution

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

RECOMMENDATION
For the City Council to authorize the General Services Manager to apply for and administer the Public Benefit Grants Program – New Alternative Fuel Vehicle Purchase through the San Joaquin Valley Air Pollution Control District (SJVAPCD).

EXECUTIVE SUMMARY
The San Joaquin Valley Air Pollution Control District is providing funding opportunities under its Public Benefit Grants Program to local public agencies. The Public Benefit Grants Program offers a variety of programs including the New Alternative Fuel Veh icle Purchase. The New Alternative Fuel Vehicle Purchase Program offers $20,000 per vehicle, up to a maximum of $100,000 to support the replacement of public agency vehicles. Purchased vehicles must be alternative fueled vehicles such as electric, plug-in, hybrid, CNG, LNG, LPG, etc.

Clovis Transit has an array of vehicles that are past their useful life and must be replaced. Staff intends to utilize this grant funding to replace up to five (5) of its on -route driver relief and lead driver vehicles. The charging infrastructure for the replacement vehicles is readily available at the corporation yard. An application and resolution must be submitted to San Joaquin Valley Air Pollution Control District for the City to be considered for this funding.

81 AGENDA ITEM NO. 6.

BACKGROUND
San Joaquin Valley has been identified as a nonattainment area due to its poor air quality. The San Joaquin Valley Air Pollution Control District (SJVAPCD) aims to improve the health and quality of life for all valley residents through a variety of p rograms such as the Public Benefit Grants Program – New Alternative Fuel Vehicle Purchase. The New Alternative Fuel Vehicle Purchase Program offers public agencies funding support to purchase fleet vehicles used by employees in normal daily operations. Thi s program supports the purchase of alternative fuel vehicles by providing $20,000 per vehicle, up to a maximum of $100,000 per calendar year.

The California Air Resource Board’s (CARB) Innovative Clean Transit (ICT) rule requires all transit agencies to convert its vehicles to zero-emission models. Additional CARB zero-emission fleet conversion mandates are currently in the review phase and are anticipated to require all Clovis Transit vehicles, including operation support sedans and vans, to be zero -emission.

Through the utilization of the SJVAPCD’s New Alternative Fuel Vehicle Purchase Program, existing department vehicles for Clovis Transit that are past their useful life will be purchased at a lower cost. Clovis Transit would be able to apply the New A lternative Fuel Vehicle Purchase grant funds to replace up to five (5) of its operation support vehicles. S taff is considering the Chevrolet Bolt priced between $31,000 to $36,000 or a similar vehicle and the final decision will be made depending on availability and cost.

If the grant is approved, the SJVAPCD will provide up to $100,000 for the purchase and replacement of five (5) Clovis Transit support vehicles. Staff would be responsible for purchasing alternative vehicles, submitting reimbursement re quests, retention of records for purchases, vehicle maintenance and insurance, retention of vehicles for a minimum of three years, and annual reporting to SJVAPCD.

FISCAL IMPACT
The purchase of Clovis Transit fleet vehicles has been included in FY 23/24 budget using State Transit Assistance (STA) funds. If this grant is approved, the City would be reimbursed up to $100,000 of those vehicle costs.

REASON FOR RECOMMENDATION
The Public Benefits Grants Program – New Alternative Fuel Vehicle Purchase requires a resolution stating the authorization for the grant and identification of a signing authority for annual reporting and financial documents.

ACTIONS FOLLOWING APPROVAL
Staff will submit the grant application along with resolution to the SJVAPCD.

Prepared by: Amy Hance, General Services Manager

Reviewed by: City Manager AH

82 AGENDA ITEM NO. 6.

ATTACHMENT 1
RESOLUTION 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS AUTHORIZING

THE GENERAL SERVICES MANAGER TO MAKE APPLICATION FOR AND ADMINISTER THE PUBLIC BENEFIT GRANTS PROGRAM – NEW ALTERNATIVE FUEL VEHICLE

PURCHASE THROUGH THE SAN JOAQUIN VALLEY

AIR POLLUTION CONTROL DISTRICT

WHEREAS, several Local, State, and Federal programs allow public, non -profit, and government service providers to apply for administration, capital, and operation assistance programs or grants; and

WHEREAS, the City of Clovis must authorize someone by resolution as the “Authorized Individual” to make application and administer the Public Benefit Grants Program – New Alternative Fuel Vehicle Purchase through the San Joaquin Valley Air Pollution Control District; and

NOW, THEREFORE, BE IT RESOLVED , that the City of Clovis hereby authorizes the General Services Manager to make application for, to sign required assurances, and to administer the Public Benefit Grants Program – New Alternative Fuel Vehicle Purchase through the San Joaquin Valley Air Pollution Control District with respect to applications for Local, State, and Federal programs, projects, or grants, on behalf of the District.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on April 3, 2023, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: April 3, 2023

______________________________ ______________________________ Mayor City Clerk

83 AGENDA ITEM NO. 6.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: April 3, 2023
SUBJECT: Planning and Development Services – Approval – Final Acceptance for CIP 19-15, Gettysburg/Norwich Alley Reconstruction – Villa Avenue to Gettysburg Avenue.

ATTACHMENTS: 1. Vicinity Map

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

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

EXECUTIVE SUMMARY
The project consisted of removal of the existing pavement and the installation of new paving, aggregate base, concrete valley gutter, concrete drive approaches, and adjusting manholes and valve boxes to grade.

BACKGROUND
Bids were received on November 1, 2022, and the project was awarded by the City Council to the low bidder, Asphalt Design by Juan Gomez, on November 14, 2022. The project was completed in accordance with the construction documents and the contractor has su bmitted a request for acceptance of the project.

84 AGENDA ITEM NO. 7.

FISCAL IMPACT

1. Award $171,710.00

2. Cost increases/decreases resulting from differences $5,378.50 between estimated quantities used for award and
actual quantities installed.

3. Contract Change Orders $0.00
CCO
___________
Final Contract Cost $177,088.50

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

ACTIONS FOLLOWING APPROVAL

1. The Notice of Completion will be recorded; and

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

Prepared by: Rami Abunamous, Engineering Inspector

Reviewed by: City Manager AH

85 AGENDA ITEM NO. 7.

Willow
Peach
Clovis
Sunnyside
Fowler
Armstrong
Temperance
Locan
De Wolf
Shepherd
Teague
Nees
Alluvial
Herndon
Sierra
Bullard
Barstow
Shaw
Gettysburg
Ashlan
Dakota
Leonard
Highland
Minnewawa
4 ATTACHMENT A

CITY LIMITS SPHERE OF INFLUENCE

VICINITY MAP
Project Location
1 Attachment 1
November 14, 2022 John Cross
CIP 19-15 Gettysburg/Norwich Alley Reconstruction
86 AGENDA ITEM NO. 7.

TO: Mayor and City Council
FROM: Administration
DATE: April 3, 2023
SUBJECT: Consider – For the City Council to consider options to seek additional funding for Police, Fire, Streets, and Parks.

Staff: Andrew Haussler, Assistant City Manager
Recommendation: Consider and Provide Policy Direction

ATTACHMENTS: None.

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

RECOMMENDATION
For the City Council to consider options and provide policy direction addressing options to seek additional funding for Police, Fire, Streets, and Parks.

EXECUTIVE SUMMARY
On February 13, 2023, the Clovis Police Department provided City Council an update on the department. It was the consensus of the Council to place an item on the agenda to dis cuss funding options to be considered for a future election. In November 2021, the Clovis Police Department provided City Council a state of the department update noting the shortage of staffing in the Police Department. Over the next six months, the Council appointed a 25 member Citizens’ Advisory Committee that met and provided Council feedback and recommendations.

A joint meeting was held between the Clovis City Council and the Citizens Advisory Committee on April 6, 2022. At that meeting, Chair Chris Casado and Vice Chair Greg Newman presented the findings of the Committee to Council. In summary: a majority of the Committee did not feel that the current Clovis Police Department staffing and funding is adequate for Clovis to remain the safest city in the Valley ; a majority of the Committee agree that additional sworn police officers are needed over the next five years ; and a majority of the Committee agree d that if an increase in services and resources is pursued, it should be funded by some form of tax increase ballot measure. In 2022 City Council placed Measure B on the November ballot to increase the Transient Occupancy Tax from 10% to 12%. Measure B was approved by the voters with over two-thirds support generating an additional $500,000 - $800,000 per year going forward. Staff is 87 AGENDA ITEM NO. 8.
now returning to Council based on the direction from the February 13, 2023, meeting to discuss more options for Council to consider.

BACKGROUND
2022 Citizens Advisory Committee Survey results summary:

1. A majority of the Committee did not feel that the current Clovis Police Department staffing and funding are adequate for Clovis to remain the safest city in the Valley.

2. A majority of the Committee agreed that additional sworn police officers are needed.

3. A majority of the Committee agreed that if an increase in services and resources is pursued, it should be funded by some form of tax increase ballot measure.

4. 50% of the Committee ranked Public Safety as the most important service the city provides when asked to prioritize categories of services. “Economy” was number two at 27%.

Issues for Potential Tax Measure

In California, all taxes imposed by local governments are classified as either general or special taxes and must be put before voters as a local ballot measure for approval. The most common types of taxes imposed by local governments include:
 Parcel tax - a special tax imposed on real property based on units of property rather than assessed value (CA Constitution, Art. XIII, Sec. 4.)  Sales tax - a percentage of the sale of goods and services  Hotel tax - (Transient Occupancy Tax or “TOT”) - a percentage of hotel, motel, and other short-term lodging charges
 Utility User tax - a tax imposed on water, e lectric, sewer, telephone, or other public utilities
In 1996, California voters approved a statewide initiative - Proposition 218 - that added Article XIII C and Article XIII D to the state constitution and governs taxes imposed by local governments. Article XIII C, section 2, provides the following rules for approval of taxes imposed by local governments: (1) general taxes must be approved by a simple majority of voters; (2) general taxes must be put before voters at a regular, general election; and (3) special taxes must be approved by a two-thirds supermajority of voters.

General and Special Taxes
All taxes imposed by local governments are classified as either general or special taxes.

A general tax is any tax levied to fund general government purposes and which goes into the local government entity's general fund. General taxes imposed by local governments must be approved by voters and, moreover, they must be put before voters during regularly scheduled general elections. General taxes require approval from a simple majority o f votes cast at the election - 50 percent + one vote.

A special tax is any tax levied for a specific purpose. If revenue from a tax is earmarked for a particular purpose such as public safety or police, it is a special tax. Special taxes imposed by 88 AGENDA ITEM NO. 8.
local governments require a two-thirds (66.67 percent) supermajority vote of votes cast at an election for approval. A special tax may be held at either a regularly scheduled general election (November) or a special election such as March or April 2023.

Taxes Imposed by Citizen Initiatives
Local citizen initiatives can also be used to levy taxes in California. Following the approval of Proposition 218 in 1996, the re strictions outlined above concerning special and general taxes were applied to citizen initiatives. In August 2017, however, the California Supreme Court ruled in California Cannabis Coalition v. City of Upland that one provision of Proposition 218 - the requirement that general taxes be put on the ballot during regular, general elections contained in Article XIII C, Section 2(b) - did not apply to citizen initiatives.

The Court determined that the citizen initiative process is separate from the actions of local governments and therefore taxes imposed by citizen initiatives do not fall under the category of taxes imposed by local governments. The ruling also stated that the local initiative process in California contained a mechanism by which initiatives can qualify for special election ballots and that this provision should not be restricted by Article XIII C, Section 2(b), which does not explicitly mention the in itiative power. Since Article XIII C, Section 2 - which also contains the majority voter approval requirement for general taxes and the two -thirds supermajority voter approval requirement for special taxes - refers to taxes imposed by local governments thr oughout, this ruling raised questions about whether the other provisions of Proposition 218 applied to citizen initiatives.

In 2020, the Fifth District Court of Appeal held that Fresno’s Measure P (for Parks), a special tax citizen initiative was approved with 52% of the vote despite being a special tax. The court determined that the two -thirds special tax voter approval requirement was applicable only for special taxes imposed by a local government (a tax measure placed on the ballot by the city) and not applicable for a special tax citizen initiative. Thus, a special tax citizen initiative requires approval of only a simple majority of votes cast to be approved by the voters.

89 AGENDA ITEM NO. 8.

Tax Measure Outcomes 2020

How Much Revenue would be Generated by Tax Type?

Sales Tax – a 1.0% sales tax increase would generate approximately $ 25 million annually (5- year average); ½ Cent approximately $12.5 million; ¼ Cent approximately $6.25 million. The

7.975% sales tax rate in Clovis consists of 7.25% California state sales tax, of which 1.25% goes directly to the county and City, plus .725% in other Fresno County special taxes including Measure C. Under the current tax rate, a $100 purchase in Clovis would be taxed $7.98. If a ½ cent sales tax increase was approved, a $100 purchase would be taxed $8.48, or 50 cents more.

Parcel Tax – A special tax requiring 2/3 voter approval. Different options are available including taxing all parcels the same, taxing commercial and residential parcels at different amounts, or taxing only some parcels such as only residential parcels. Example – 36,000 residential parcels taxed at $200 per year would generate approximately $7.2 million. If a parcel tax is approved, the current CFD could be terminated, if desired.

Transient Occupancy Tax (TOT) – a 2% increase approved by the voters in November 2022 will generate approximately an additional $500,000 - $800,000 per year.

Utility User Tax – Example - 36,000 customers taxed at $10 per month or $20 bi-monthly would generate $4.3 million per year.

Landscape Maintenance District Expansion – Property owners can approve with a 50% +1 vote within the district for the expansion of services the City’s current Landscape Maintenance District performs to include street lighting, a potential savings of $2+ million in general fund.

Not all taxes produce a guaranteed amount of revenue. The most volatile tax types include TOT and Sales Tax. Each of these are dependent on economic performance that can vary significantly, for better or worse. The taxes that are more consistent include a Parcel Tax and a Utility User Tax. These taxes are typically less volatile regardless of economic performance and can include an increase for inflation annually.
90 AGENDA ITEM NO. 8.

FISCAL IMPACT
The various options the Council have involve some fiscal impact. If some form of tax measure is pursued it will have an impact on City revenues if approved by t he voters. The examples above provide an order of magnitude for potential revenue amounts that could be generated.

Use of a consultant could range from $100,000 to $200,000. Putting an item on the ballot for a November election could cost approximately $ 75,000 additional cost. Putting an item on a special election (March or April) could cost approximately $300,000. For cost estimating, staff is using year one cost of an officer and related equipment of approximately $300,000, and approximately $180,000 annually total cost thereafter.

REASON FOR RECOMMENDATION
On February 13, 2023, the Clovis Police Department provided City Council an update on the department. It was the consensus of the Council to place an item on the agenda to discuss funding options to be considered for a future election.

ACTIONS FOLLOWING APPROVAL
Staff will implement Council direction.

Prepared by: John Holt, City Manager

Reviewed by: City Manager JH
91 AGENDA ITEM NO. 8.

TO: Mayor and City Council
FROM: Administration
DATE: April 3, 2023
SUBJECT: Consider – A Request from The 500 Club located at 771 W Shaw Ave, Clovis, CA 93612, to have the City call a Special Election on November 7, 2023, to place on the ballot for voters to consider an increase in the number of allowed gaming tables from 20 to 51.

Staff: John Holt, City Manager
Recommendation: Consider and provide policy direction

ATTACHMENTS: 1. 500 Club legal counsel letter requesting to increase the number of allowed gaming tables from 20 to 51 dated March 20, 2023.

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

RECOMMENDATION
For the City Council to consider a request from The 500 Club located at 771 W Shaw Ave, Clovis, CA 93612, to have the City call a special election in November 202 3 to place on the ballot for voters to consider an increase in the number of allowed gaming tables from 20 to 51.

EXECUTIVE SUMMARY
The 500 Club, located at 771 W Shaw Ave, Clovis, CA 93612, has requested that the City Council call a special election on November 7, 2023, to place on the ballot for voters to consider an increase in the number of allowed gaming tables from 20 to 51. The purpose of this request is to expand the gaming opportunities for their patrons, which they believe will increase revenue for both the establishment and the City.

The 500 Club is a well-established and reputable gaming establishment in Clovis, with a history of operating in compliance with local and state laws and regulations. The increase in the number of gaming tables will allow for a wider range of games and tournaments to be offered to patrons, which will attract more visitors and potentially increase revenue for the establishment. In turn, 92 AGENDA ITEM NO. 9.
this will also benefit the city by generating additional revenue, creating new jobs, and boosting economic growth.

Staff is estimating that the cost to conduct a special election in November 202 3 would be approximately $350,000. The City Attorney is currently evaluating if there are any options for the City Council to consider on where the funding to pay for the election would come from.

If approved, the proposed increase in gaming tables will be subject to stric t regulations and oversight by the City of Clovis and the California Gambling Control Commission to ensure compliance with all laws and regulations. The special election in November 2023 will provide an opportunity for voters to have a say in this matter a nd for the City Council to make an informed decision.

It should be noted that the expansion from 20 to 51 tables could not be supported at its current location. It is likely that the owners would be looking for a property in the City that they could own and expand into at a future date.

The 500 Club's request for a special election in November 202 3 to increase the number of allowed gaming tables from 20 to 51 has the potential to generate significant economic benefits for both the establishment and the city. We recommend that the City Council consider this request and provide direction to staff on the moving forward with the request.

FISCAL IMPACT
If council were to approve the calling of the election and the voters approve the expansion from 20 to 51 gaming tables, the City of Clovis would likely see an increase in revenues in future years.

REASON FOR RECOMMENDATION
Staff is in receipt of a request from the 500 Club that the City Council call a special election in November 2023 to place on the ballot for voters to consider an increase in the number of allowed gaming tables from 20 to 51.

ACTIONS FOLLOWING APPROVAL
Staff will implement Council direction. If approved staff would return to City Council at least 88 days before November 7, 2023, to have the City Council call the special election.

Prepared by: John Holt, City Manager

Reviewed by: City Manager JH
93 AGENDA ITEM NO. 9.

J. BLONIEN

A PROFESSIONAL LAW CORPORATION
1121 L STREET, SUITE 105
SACRAMENTO, CALIFORNIA 95814
916-441-4242
WWW.JBLONIEN.COM
March 20
, 2023
Clov
is City Council
1033 5th Street
Clovis, CA 93612
Re:

Potential Special Election to Increase City Revenue
Dear Honorable
Members of the Clovis City Council,
U
p until this year, the California Gambling Control Act (“GCA,” Bus. & Prof.

Code §§ 19800 et seq.) prohibited local governments from amending ordinances that would expand legal gaming. (Bus. & Prof. Code § 19962(b).) This long-standing moratorium was not extended in the most recent legislative session, and the GCA’s prohibition sunset on January 1, 2023. The Gambling Control Commission (“the Commission”) noted this expiration of the moratorium in a Notice issued on September 14, 2022. Therefore, there is an opportunity—which may be short-lived, if the Legislature revisits the moratorium in 2023—for local governments in California to authorize an expansion in legal gaming.

Clovis has one cardroom, the 500 Club. The 500 Club currently has twenty tables (20) and even with a 6.5-month closure during the pandemic has produced $3,326,701.00 revenue for t
he City of Clovis since 2019. In 2022 alone the revenue generated for the City was $
1,155,309.00. This is just the direct revenue generated for the City. The 500 Club has maintained a good relationship with the City, law enforcement, and seeks to expand its a
bility to contribute to this community. The 500 Club would like to work with the Clovis
City Council to take advantage of the window of opportunity that currently exists and e
xplore the possibility of a special election to amend the current City Ordinance re
garding the number of allowable gaming tables. Specifically, we would like to engage in a conversation about a special election to amend the current city ordinance allowing t
wenty gaming tables to mirror the 51 tables that are allowed in our neighboring city, Fresn
o.

Attachment 1 94
AGENDA ITEM NO. 9.

To amend the existing ordinance, 5.6.09(a), the law would require the amendment to be placed on a ballot by the city council (See Cal. Elections Code § 9222) and submitted to the people for a vote. The need for an election arises from the GCA’s requirement that any ordinance to “expand” gambling must be submitted to the voters and adopted by majority vote if that ordinance proposed to “expand” gambling beyond what was permitted in the local jurisdiction on January 1, 1996, subject to certain limits.

Bus. & Prof. Code § 19961(b). This includes an increase of 25 percent or more in the number of gambling tables allowed in the city, county, or city and county. If the city council places a measure on the ballot, the city council can also order a special election, which must be held not less than 88 days later.

We are hopeful that the City Council will consider our request to discuss this matter and what would be needed to accomplish the goal of bringing more jobs and more tax revenue to support our community. We look forward to working with you on this matter.

Very Truly Yours,

Jarhett Blonien
95 AGENDA ITEM NO. 9.

TO: Mayor and City Council
FROM: Administration Department
DATE: April 3, 2023
SUBJECT: Receive and File – General Services Department Update.

Staff: Shonna Halterman, General Services Director
Recommendation: Receive and File

ATTACHMENTS: 1. None.

General Services Director Shonna Halterman will provide a verbal presentation on this item.

Please direct questions to the City Manager’s office at 559-324-2060. 96 AGENDA ITEM NO. 10.

TO: Mayor and City Council
FROM: Administration
DATE: April 3, 2023
SUBJECT: Consider Approval – To submit a letter of Opposition for Assembly Bill 742– Jackson, Limiting the Use of Police Canines.

Staff: John Holt, City Manager
Recommendation: Approve

ATTACHMENTS: 1. Proposed Legislation – AB 742

2. Draft Letter of Opposition – AB 742

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

RECOMMENDATION
For the City Council to submit a letter in opposition to Assembly Bill 742- Jackson, proposing ending the use of K-9 units for arrest, apprehension, and crowd control.

EXECUTIVE SUMMARY
Assembly Bill 742, authored by Assemblym ember Dr. Corey A. Jackson, has been introduced to end the use of K -9 units for arrest, apprehensi on, and crowd control. AB 742 would not completely ban K -9 units ; the bill would continue to allow for search and rescue, explosive detection, and narcotic detection using police canines as long as it would not include the use of biting. Staff has reviewed the bill and is recommending City Council provide policy direction to oppose the legislation. The use of police canines has proven to be a valuable tool in assisting our police officers in keeping our community safe and secure. AB 74 2 would impose unnecessary restrictions on the use of police canines, making it more difficult for our police department to do its job effectively. If the recommendation is approved, staff will draft a letter to submit to the legislature for consideration.

BACKGROUND
Assembly Bill 742, authored by Assemblym ember Dr. Corey A. Jackson, has been introduced to end the use of K -9 units for arrest, apprehension, and crowd control. AB 742 would not 97 AGENDA ITEM NO. 11.
completely ban K -9 units ; the bill would continue to allow for s earch and rescue, explosive detection, and narcotic detection using police canines as long as it would not include the use of biting. Staff has reviewed the bill and is recommending City Council provide policy direction to oppose the legislation. The l egislation has been introduced and is pending referral in the Assembly. AB 742, as introduced, declares the following:

1. The use of police canines has been a mainstay in the constant dehumanizing, cruel abuse of Black Americans and people of color in this country. Be it in response to the Black Lives Matter protests over the murder of George Floyd, during the Los Angeles Race Riots and the Civil Rights Movement, or by slave catchers, police canines are a carryover from a dark past that is not often discussed.

2. The use of police canines has serious consequences. Research on this topic found that canine bites resulted in hospital visits 67.5 percent of the time, while other uses of force, including batons and tasers, resulted in hospital visits 22 percent of th e time or less.

Research has also found cases of permanent physical disfigurement and injuries to bones, blood vessels, nerves, breasts, testicles, faces, noses, and eyes, sometimes causing blindness, as a result of canine bites. Based on these findings, t he researchers stated that canine bites should be considered a level of force immediately below deadly force. They equated a police canine bite to an officer swinging a baton with three -centimeter spikes attached.

3. The use of police canines mirrors other biases in use of force by police. Per the Department of Justice Use of Force data from 2016 to 2019, inclusive, Black people are 3.5 times more likely than any other group to be subjected to use of force due to police canine use, with Hispanic people being the second most likely compared to cases involving White people at six per one million people.

Police departments throughout California are required to follow strict standards and laws on how and when canines can be used. Use of canines in volatile situations have proven to remove the need to use deadly force to apprehend criminal suspects, resulting in the safety of the officers and citizens involved. Removing this tool from police officers could be detrimental to the safety and security of officers, citizens, and their communities.

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

FISCAL IMPACT
None at this time.

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

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

Prepared by: Rebecca Simonian, Executive Assistant

Reviewed by: City Manager JH
98 AGENDA ITEM NO. 11.

California-2023-AB742-Introduced
https://legiscan.com/CA/text/AB742/id/2696383/California-2023-AB742-Introduced.html[3/9/2023 8:14:13 AM] ASSEMBLY BILL NO. 742
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Jackson
(Coauthor: Assembly Member Kalra)
February

13,

2023
An act to add Section 13653 to the Penal Code, relating to law enforcement.

LEGISLATIVE COUNSEL'S DIGEST
AB 742, as introduced, Jackson. Law enforcement: police canines.

Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance of an individual. Existing law requires law enforcement agencies to maintain a policy on the use of force.

Existing
law prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards.

This bill would prohibit the use of an unleashed police canine by law enforcement to apprehend a person, and any use of a police canine for crowd control. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill.

Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:

SECTION 1. The Legislature finds and declares the following:
(a)
The use of police canines has been a mainstay in the constant dehumanizing, cruel abuse of Black Americans and people of color in this country. Be it in response to the Black Lives Matter protests over the murder of George Floyd, during the Los Angeles Race Riots and the Civil Rights Movement, or by slave catchers, police canines are a carryover from a dark past that is not often discussed.
(b)
The use of police canines has serious consequences. Research on this topic found that canine bites resulted in Attachment 1
99 AGENDA ITEM NO. 11.

California-2023-AB742-Introduced
https://legiscan.com/CA/text/AB742/id/2696383/California-2023-AB742-Introduced.html[3/9/2023 8:14:13 AM] hospital visits 67.5 percent of the time, while other uses of force, including batons and tasers, resulted in hospital visits 22 percent of the time or less. Research has also found cases of permanent physical disfigurement and injuries to bones, blood vessels, nerves, breasts, testicles, faces, noses, and eyes, sometimes causing blindness, as a result of canine bites.

Based on these findings, the researchers stated that canine bites should be considered a level of force immediately below deadly force. They equated a police canine bite to an officer swinging a baton with three-centimeter spikes attached. (c)
The use of police canines mirrors other biases in use of force by police. Per the Department of Justice Use of Force data from 2016 to 2019, inclusive, Black people are 3.5 times more likely than any other group to be subjected to use of force due to police canine use, with Hispanic people being the second most likely compared to cases involving White people at six per one million people.

SEC. 2. Section 13653 is added to the Penal Code, to read:
13653. (a) It is the intent of the Legislature to prevent the use of police canines for the purpose of arrest, apprehension, or any form of crowd control.
(b)
A peace officer shall not use an unleashed police canine to arrest or apprehend a person. (c)
A police canine shall not be used for crowd control at any assembly, protest, or demonstration. (d)
A police canine shall not be used in any circumstance to bite. (e)
A law enforcement agency shall not authorize any use or training of a police canine that is inconsistent with this section.
(f)
This section shall not be interpreted as to prevent the use of police canines by law enforcement for purposes of search and rescue, explosives detection, and narcotics detection that do not involve biting. 100
AGENDA ITEM NO. 11.

Attachment 2

April 4, 2023

Assemblymember Dr. Corey A. Jackson
Capitol Office (AD-60)
PO Box 942849
Sacramento, CA 94249-0060

RE: AB 742 (Jackson): Law Enforcement: Limiting the Use of Police Canines Notice of OPPOSITION

Dear Assemblymember Jackson,

We are writing to express our strong opposition to AB 742, which would restrict the use of police canines in law enforcement.

As a city, we rely on our police department to keep our community safe and secure. The use of police canines is a valuable tool in achieving this goal. Canines are highly trained to detect drugs and explosives, locate missing persons, and apprehend suspects who may be dangerous to officers and the public. The use of canines has been proven to be effective in numerous law enforcement situations, and it would be a disservice to our community to limit their use.

AB 742 would impose unnecessary restrictions on the use of police canines, making it more difficult for our police department to do its job effectively. We believe that our law enforcement officers should have the flexibility to use all available resources to protect our community. This bill would create additional burdens on our officers, and potentially put them at greater risk when responding to dangerous situations.

We understand the concerns about the potential misuse of police canines, but we believe that existing policies and procedures are sufficient to prevent such incidents from occurring. Our police department has rigorous training and protocols in place to ensure that the use of canines is done appropriately and within the bounds of the law.

101
AGENDA ITEM NO. 11.

City Hall Administration • 1033 Fifth Street, Clovis, CA 93612 • 559.324.2010 • TTY-711 [email protected] • www.cityofclovis.com
In summary, we urge you to reconsider AB 742, as it would limit our ability to protect our community and put our officers at unnecessary risk. We appreciate your consideration of our concerns.

Sincerely,

Lynne Ashbeck
Mayor, City of Clovis

cc: Raj Rakkar, Regional Public Affairs Manager, League of California Cities League of California Cities (via email: [email protected])

102
AGENDA ITEM NO. 11.

TO: Mayor and City Council
FROM: Administration
DATE: April 3, 2023
SUBJECT: Consider Approval – To submit a letter of Support for Assembly Bill 1067– Gavin’s Law (hit-and-run penalties).

Staff: John Holt, City Manager
Recommendation: Approve

ATTACHMENTS: 1. Proposed Legislation – AB 1067 – Gavin’s Law

2. Draft Letter of Support – AB 1067

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

RECOMMENDATION
For the City Council to submit a letter in support of Assembly Bill 1067- Gavin’s Law, increasing the penalties for hit-and-runs in which a person is killed.

EXECUTIVE SUMMARY
Assemblyman Jim Patterson has re -introduced Gavin’s Law (AB 1067) to close a disturbing loophole in the Vehicle Code that inadvertent ly encourages drivers, especially those who may be under the influence, to flee the scene of an accident rather than stay at the scene.

AB 1067 would increase the penalties for hit -and-runs in which a person is killed, bringing the penalties for a hit -and-run more in line with the penalties for vehicular manslaughter. If the recommendation is approved, staff will draft a letter to submit to the legislature for consideration.

BACKGROUND
Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident.

103
AGENDA ITEM NO. 12.

Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law authorizes the court, in the interests of justice and for other reasons stated in the record, to reduce or eliminate the minimum imprisonment or fine requirements.

This bill would instead make a person who fails to immediately stop, as required, at the scene of an accident that resulted in a permanent, serious injury subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine, and if the accident resulted in death, the violation of those requirements would be punishable by impriso nment in the state prison for 3, 4, or 6 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine.

Staff has reviewed the bill and is recommending that the City Council draft a letter in support of the proposed legislation. The legislation has been introduced and has been referred to the Committee on Public Safety. The position of the League of Cities is stated as “watch” at this time.

FISCAL IMPACT
None at this time.

REASON FOR RECOMMENDATION
The position this bill is recommending is in the best interest of the City and will close the loophole in the Vehicle Code that inadvertently encourages someone to flee the scene of hit -and-run incidents.

ACTIONS FOLLOWING APPROVAL
Staff will draft a letter of support for the Mayor’s signature.

Prepared by: Rebecca Simonian, Executive Assistant

Reviewed by: City Manager JH
104
AGENDA ITEM NO. 12.
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1067
Introduced by Assembly Member Jim Patterson
February 15, 2023
An act to amend Section 20001 of the Vehicle Code, relating to vehicles.
legislative counsel’s digest
AB 1067, as introduced, Jim Patterson. Vehicle accidents: fleeing the scene of an accident.

Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident.

Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law authorizes the court, in the interests of justice and for other reasons stated in the record, to reduce or eliminate the minimum imprisonment or fine requirements.

This bill would instead make a person who fails to immediately stop, as required, at the scene of an accident that resulted in a permanent, serious injury subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine, and if the accident resulted in death, 99 ATTACHMENT 1
105
AGENDA ITEM NO. 12.
the violation of those requirements w ould be punishable by imprisonment in the state prison for 3, 4, or 6 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine.

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. This act shall be kno wn, and may be cited, as line 2 Gavin’s Law.
line 3 SEC. 2. Section 20001 of the Vehicle Code is amended to read:
line 4 20001. (a)  The dri ver of a v ehicle involved in an accident line 5 resulting in injury to a person, other than himself or herself, that line 6 driver, or in the death of a person shall immediately stop the line 7 vehicle at the scene of the accident and shall fulfill the requirements line 8 of Sections 20003 and 20004.
line 9 (b)  (1)  Except as pro vided in paragraph (2), If the accident line 10 described in subdivision (a) r esults in injury , other than a line 11 permanent, serious injury, a person who violates subdi vision (a) line 12 shall be punished by imprisonment in the state prison, or in a line 13 county jail for not more than one year, or by a fine of not less than line 14 one thousand dollars ($1,000) nor more than ten thousand dollars line 15 ($10,000), or by both that imprisonment and fine. line 16 (2)  If the accident described in subdivision (a) results in death line 17 or permanent, serious injury , a person who violates subdi vision line 18 (a) shall be punished by imprisonment in the state prison for two, line 19 three, or four years, or in a county jail for not less than 90 days line 20 nor more than one year, or year and by a fine of not less than one line 21 thousand dollars ($1,000) nor more than ten thousand dollars line 22 ($10,000), or by both that imprisonment and fine. ($10,000). line 23 However, the court, in the interests of justice and for reasons stated line 24 in the record, may reduce or eliminate the minimum imprisonment line 25 required by this paragraph.
line 26 (3)  Except as pr ovided in subdivision (c), if the accident line 27 described in subdivision (a) results in death, a person who violates line 28 subdivision (a) shall be punished by imprisonment in the state line 29 prison for three, four, or six years, or in a county jail for not less line 30 than 90 days nor more than one year, and by a fine of not less than line 31 one thousand dollars ($1,000) nor more than ten thousand dollars line 32 ($10,000). However, the court, in the inter ests of justice and for 99 — 2 — AB 1067

106
AGENDA ITEM NO. 12.
line 1 reasons stated in the record, may reduce or eliminate the minimum line 2 imprisonment required by this paragraph.
line 3 (3)
line 4 (4)  In imposing the minimum fine required by this subdivision, line 5 the court shall tak e into consideration the defendant’ s ability to line 6 pay the fine and, in the interests of justice and for reasons stated line 7 in the record, may reduce the amount of that minimum fine to less line 8 than the amount otherwise required by this subdivision. line 9 (c)  A person who flees the scene of the crime after committing line 10 a violation of Section 191.5 of, or paragraph (1) of subdivision (c) line 11 of Section 192 of the Penal Code, upon conviction of any of those line 12 sections, in addition and consecutive to the punishment prescribed, line 13 shall be punished by an additional term of imprisonment of fiv e line 14 years in the state prison. This additional term shall not be imposed line 15 unless the alle gation is char ged in the accusatory pleading and line 16 admitted by the defendant or found to be true by the trier of f act. line 17 The court shall not strike a finding that brings a person within the line 18 provisions of this subdi vision or an alle gation made pursuant to line 19 this subdivision.
line 20 (d)  As used in this section, “permanent, serious injury” means line 21 the loss or permanent impairment of function of a bodily member line 22 or organ.

O
99 AB 1067 — 3 —

107
AGENDA ITEM NO. 12.

Attachment 2

April 4, 2023

Assemblymember Jones-Sawyer
P.O. Box 942849
Sacramento, CA 94249-0057

RE: Support Letter for AB 1067 – Gavin’s Law

Dear Chairman Jones-Sawyer, Sr.,

We are writing to express support for AB 1067 (Patterson), which will ensure justice for Californians and increase the penalties for committing a hit-and-run.

AB 1067 is named after Gavin Gladding, a beloved Clovis Unified School District Vice Principal who was tragically killed in a hit-and-run incident in 2018. Sadly, there are so many other families who have been in similar circumstances.

Currently, the penalty for an individual who leaves the scene of a vehicle accident resulting in permanent serious injury or death is a maximum of four years and/or a fine of $1,000-$10,000.

The potential sentence for leaving the scene of an incident is not enough to deter drivers, especially those who may be under the influence, from leaving the scene. When these drivers leave the scene, not only are they failing to render aid to any injured victim, but they are also removing evidence from the scene of a crime. Law enforcement officials are not able to conduct field sobriety tests of the driver, document his/her statement, or collect any other pertinent information and evidence, therefore hamstringing the entire investigation.

Conversely, if someone under the influence were to stay at the scene, that person could (and likely would) then be given a longer prison sentence - possibly up to fifteen years - and/or a higher fine, than an individual who fled the scene.

As noted by the Assembly Public Safety Committee members in 2019, there is currently a loophole in the law as it is written that inadvertently encourages someone to flee the scene of an incident, and it needs to be addressed.

108
AGENDA ITEM NO. 12.

City Hall Administration • 1033 Fifth Street, Clovis, CA 93612 • 559.324.2010 • TTY-711 [email protected] • www.cityofclovis.com
AB 1067 addresses this loophole and will increase the possible penalty for hit-and-runs resulting in or death to a maximum possible penalty of six years in jail. By bringing this code more in line with the penalties assessed for vehicular manslaughter, AB 1067 will encourage drivers to stay at the scene of a crime, even if they may be under the influence.

For these reasons, we support AB 1067 and urge an “aye” vote.

Sincerely,

Lynne Ashbeck
Mayor, City of Clovis

cc: Alisha Gallon, Asm. Patterson’s Office via email: [email protected])

109
AGENDA ITEM NO. 12.

TO: Mayor and City Council
FROM: Administration
DATE: April 3, 2023
SUBJECT: Consider Approval – To submit a letter of Support for Assembly Bill 1708 – Muratsuchi, amending Prop osition 47 to increase accountability for repeat theft offenders.

Staff: John Holt, City Manager
Recommendation: Approve

ATTACHMENTS: 1. Proposed Legislation – AB 1708 – (Muratsuchi) Theft

2. Draft Letter of Support – AB 1708

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

RECOMMENDATION
For the City Council to submit a letter in support Assembly Bill 1708 – (Muratsuchi) Theft, which would amend Proposition 47 to increase accountability for repeat theft offenders and offer pathways for pre-plea diversion programming.

EXECUTIVE SUMMARY
The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud.

AB 1708 would provide appropriate revisions to Proposition 47 that more holistically address the root causes of crime . If the recommendation is approved, staff will draft a letter in support to submit to the legislature for consideration.

110
AGENDA ITEM NO. 13.

BACKGROUND
Proposition 47 made promises of safe neighborhoods, but the unintended consequences that followed have provided anything but. Our communities deserve better, and cities are more than ready to find solutions that fix Proposition 47.

Specifics of AB 1708:
• Requires a person convicted of petty theft or shoplifting, with two or more prior convictions for specified theft-related offenses, to be punished by imprisonment in county jail for up to one year.
• Authorizes a city, county prosecuting authority, or county probation department to create a diversion program for persons who commit repeat theft offenses. • Any provisions that amend Proposition 47 would become effective only upon approval by the voters at the next statewide general election.

According to a February 2023 study conducted by the Public Policy Institute of California, a strong majority of Californians worry they or a family member will be a victim of a crime. Cities are feeling impacts from crime-related activity in their communities and are looking for solutions to fix Proposition 47. We need to increase accountability for those who continue to create victims throughout our communities.

Mental health and substance use treatment programming are essential to lowering recidivism rates and increasing community well ness. AB 1708 would provide appropriate revisions to Proposition 47 that more holistically address the root causes of crime.

If the recommendation is approved, staff will draft a letter to submit to the legislature for consideration. Cal Cities current position: Sponsor.

FISCAL IMPACT
None at this time.

REASON FOR RECOMMENDATION
The position this bill is recommending is in the best interest of the City and will amend Proposition 47 to increase accountability for repeat theft offenders and offer pathways for pre-plea diversion programming.

ACTIONS FOLLOWING APPROVAL
Staff will draft a letter of support for the Mayor’s signature.

Prepared by: Rebecca Simonian, Executive Assistant

Reviewed by: City Manager JH
111
AGENDA ITEM NO. 13.

AMENDED IN ASSEMBLY MARCH 9, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1708
Introduced by Assembly Member Muratsuchi
February 17, 2023
An act relating to corrections. to amend Sections 459.5 and 490.2 of, to add Section 666.1 to, and to add Chapter 2.97 (commencing with Section 1001.98) to Title 6 of Part 2 of, the Penal Code, relating to theft.
legislative counsel’s digest
AB 1708, as amended, Muratsuchi. Corrections: rehabilitati ve programing. Theft.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law.

This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud.
(2) Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor.

This bill would similarly exclude certain offenses from this provision, including, among others, the theft of a vehicle, identity theft, and credit card fraud.
(3) Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.
98 Attachment 1
112
AGENDA ITEM NO. 13.

This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years.
(4)  Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county pr obation department to cr eate a diversion or deferred entry of judgment program pursuant to this section for per sons who commit a theft of fense or r epeat theft of fenses, as specified.

This bill would authorize a city or county pr osecuting authority or county probation department to create a diversion program for persons who commit theft or repeat theft offenses, as specified. (5)  This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.

Existing la w requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates re gardless of security level or sentence length.

This bill would express the intent of the Legislature to enact legislation that w ould increase accountability for repeat of fenders through participation in rehabilitative services.

Vote: majority. Appropriation: no. Fiscal committee: no yes.​ State-mandated local program: no.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 459.5 of the Penal Code is amended to line 2 read:
line 3 459.5. (a)  Notwithstanding Section 459, shoplifting is defined line 4 as entering a commercial establishment with intent to commit line 5 larceny while that establishment is open during re gular business line 6 hours, with the intent to steal retail property or merchandise, where line 7 the value of the property that is taken or intended to be taken does line 8 not exceed nine hundred fifty dollars ($950). Any other entry into line 9 a commercial establishment with intent to commit larcen y is line 10 burglary. Shoplifting shall be punished as a misdemeanor, except line 11 that a person with one or more prior con victions for an of fense 98 — 2 — AB 1708

113
AGENDA ITEM NO. 13.
line 1 specified in clause (i v) of subparagraph (C) of paragraph (2) of line 2 subdivision (e) of Section 667 or for an of fense requiring line 3 registration pursuant to subdi vision (c) of Section 290 may be line 4 punished pursuant to subdivision (h) of Section 1170. line 5 (b)  Any act of shoplifting as defined in subdivision (a) shall be line 6 charged as shoplifting. No person who is charged with shoplifting line 7 may also be charged with burglary or theft of the same property. line 8 (c)  This section does not apply to theft of a firearm; forgery, as line 9 described in Chapter 4 (commencing with Section 470); the line 10 unlawful sale , tr ansfer, or con veyance of an access car d in line 11 violation of Section 484e; for gery of an access car d in violation line 12 of Section 484f; the unlawful use of an access card in violation of line 13 Section 484g; theft from an elder or dependent adult in violation line 14 of subdivision (e) of Section 368; r eceiving stolen pr operty in line 15 violation of Section 496; embezzlement, as described in Chapter line 16 6 (commencing with Section 503); identity theft in violation of line 17 Section 530.5; or the theft or unauthorized use of a vehicle in line 18 violation of Section 10851 of the Vehicle Code. line 19 (d)  As used in this section, the following terms have the following line 20 meanings:
line 21 (1)  “Retail pr operty or mer chandise” means any article , line 22 product, commodity, item, or component intended to be sold in line 23 retail commerce.
line 24 (2)  “Value” means the retail value of an item as advertised by line 25 the affected retail establishment, including applicable taxes. line 26 SEC. 2. Section 490.2 of the Penal Code is amended to read:
line 27 490.2. (a)  Notwithstanding Section 487 or any other provision line 28 of law defining grand theft, obtaining any property by theft where line 29 the value of the money, labor, real or personal property taken does line 30 not exceed nine hundred fifty dollars ($950) shall be considered line 31 petty theft and shall be punished as a misdemeanor , except that line 32 such person may instead be punished pursuant to subdivision (h) line 33 of Section 1170 if that person has one or more prior con victions line 34 for an of fense specified in clause (i v) of subparagraph (C) of line 35 paragraph (2) of subdivision (e) of Section 667 or for an of fense line 36 requiring registration pursuant to subdivision (c) of Section 290. line 37 (b)  This section shall not be applicable to any theft that may be line 38 charged as an infraction pursuant to any other provision of law. line 39 (c)  This section shall does not apply to theft of a firearm. line 40 firearm; forgery, as described in Chapter 4 (commencing with 98 AB 1708 — 3 —

114
AGENDA ITEM NO. 13.
line 1 Section 470); the unlawful sale , tr ansfer, or con veyance of an line 2 access card in violation of Section 484e; forgery of an access card line 3 in violation of Section 484f; the unlawful use of an access card in line 4 violation of Section 484g; theft from an elder or dependent adult line 5 in violation of subdivision (e) of Section 368; r eceiving stolen line 6 property in violation of Section 496; embezzlement, as described line 7 in Chapter 6 (commencing with Section 503); identity theft in line 8 violation of Section 530.5; or the theft or unauthorized use of a line 9 vehicle in violation of Section 10851 of the Vehicle Code. line 10 SEC. 3. Section 666.1 is added to the Penal Code, to read:
line 11 666.1. (a)  (1)  Notwithstanding any other law, a person who, line 12 having two or mor e convictions for any of the of fenses listed in line 13 paragraph (2), and who is subsequently convicted of petty theft or line 14 shoplifting, is punishable by imprisonment in the county jail not line 15 exceeding one year, or pursuant to subdivision (h) of Section 1170. line 16 (2)  This section applies to the following offenses:
line 17 (A)  Petty theft, as described in Section 488.
line 18 (B)  Grand theft, as described in Section 487.
line 19 (C)  Theft fr om an elder or dependent adult in violation of line 20 subdivision (e) of Section 368.
line 21 (D)  The theft or unauthorized use of a vehicle, as described in line 22 Section 10851 of the Vehicle Code.
line 23 (E)  Burglary, as described in Section 459.
line 24 (F)  Carjacking, as described in Section 215.
line 25 (G)  Robbery, as described in Section 211.
line 26 (H)  Receiving stolen property, as described in Section 496. line 27 (I)  Shoplifting, as described in Section 459.5. line 28 (J)  Mail theft, as described in subdivision (e) of Section 530.5. line 29 (b)  This section shall not be construed to preclude prosecution line 30 or punishment pursuant to any other law.
line 31 SEC. 4. Chapter 2.97 (commencing with Section 1001.98) is line 32 added to Title 6 of Part 2 of the Penal Code, to read:
line 33
line 34 Chapter 2.97. Theft Crimes Diversion
line 35
line 36 1001.98. (a)  The city or county prosecuting attorney or county line 37 probation department may cr eate a diver sion program pursuant line 38 to this section for per sons who commit a theft of fense or repeat line 39 theft offenses. The program may be conducted by the prosecuting line 40 attorney’s office or the county probation department. 98 — 4 — AB 1708

115
AGENDA ITEM NO. 13.
line 1 (b)  Except as provided in subdivision (e), this chapter does not line 2 limit the power of the pr osecuting attorney to prosecute theft or line 3 repeat theft.
line 4 (c)  If a county creates a diversion or deferred entry of judgment line 5 program for individuals committing theft or repeat theft offenses, line 6 on receipt of a case or at arr aignment, the prosecuting attorney line 7 shall either refer the case to the county pr obation department to line 8 conduct a pr efiling in vestigation r eport to assess the line 9 appropriateness of pr ogram placement or , if the pr osecuting line 10 attorney’s office oper ates the pr ogram, determine if the case is line 11 one that is appr opriate to be r eferred to the pr ogram. In line 12 determining whether to refer a case to the program, the probation line 13 department or pr osecuting attorne y shall consider , b ut is not line 14 limited to, all of the following factors:
line 15 (1)  Any prefiling investigation report conducted by the county line 16 probation department or nonprofit contract agency operating the line 17 program that e valuates the individual’ s risk and needs and the line 18 appropriateness of program placement.
line 19 (2)  If the per son demonstr ates a willingness to enga ge in line 20 community service, restitution, or other mechanisms to repair the line 21 harm caused by the criminal activity and addr ess the underlying line 22 drivers of the criminal activity.
line 23 (3)  If a risk and needs assessment identifies underlying line 24 substance abuse or mental health needs or other drivers of criminal line 25 activity that can be addr essed through the diversion or deferred line 26 entry of judgment program.
line 27 (4)  If the person has a violent or serious prior criminal record line 28 or has previously been referred to a diversion program and failed line 29 that program.
line 30 (5)  Any r elevant information concerning the efficacy of the line 31 program in r educing the lik elihood of participants committing line 32 future offenses.
line 33 (d)  On r eferral of a case to the pr ogram, a notice shall be line 34 provided to the person alleged to have committed the offense with line 35 both of the following information:
line 36 (1)  The date by whic h the per son must contact the diver sion line 37 program or deferr ed entry of judgment pr ogram in the manner line 38 designated by the supervising agency.
line 39 (2)  A statement of the penalty for the of fense or offenses with line 40 which that person has been charged.
98 AB 1708 — 5 —

116
AGENDA ITEM NO. 13.
line 1 (e)  The prosecuting attorney may enter into a written agreement line 2 with the person to refrain from, or defer, prosecution on the offense line 3 or offenses on the following conditions:
line 4 (1)  Completion of the program requirements such as community line 5 service or courses reasonably required by the prosecuting attorney. line 6 (2)  Making adequate r estitution or an appr opriate substitute line 7 for restitution to the victim or victims.
line 8 SEC. 5. This act amends the Safe Neighborhoods and Schools line 9 Act, an initiative statute approved by the voters at the November line 10 4, 2014, statewide general election as Pr oposition 47, and shall line 11 become ef fective only when submitted to and appr oved by the line 12 voters. The Secretary of State shall submit Sections 1, 2, and 3 of line 13 this act for appr oval by the voter s at a state wide election in line 14 accordance with Section 9040 of the Elections Code. line 15 SECTION 1. It is the intent of the Le gislature to enact line 16 legislation that would increase accountability for repeat offenders line 17 through participation in rehabilitative services.

O
98 — 6 — AB 1708

117
AGENDA ITEM NO. 13.

Attachment 2

April 4, 2023

The Honorable Reginald Jones-Sawyer
Chair, Assembly Public Safety Committee
Legislative Office Building
1020 N Street, Room 111
Sacramento, CA 95814

RE: AB 1708 (Muratsuchi) Theft.

Notice of SUPPORT (As Amended 3/9/23)

Dear Assembly Member Jones-Sawyer,

The City of Clovis is pleased to support AB 1708 (Muratsuchi). This measure would increase accountability for repeat theft offenders and offer pathways for pre-plea diversion programming.

If passed, the bill would send the issue to the voters for approval at the next statewide general election.

This strategy is one of many supported by cities to address crime and its underlying causes. We remain committed to improving California’s carceral systems, interrupting and ending cycles of recidivism, and building a community-based system of care that appropriately meets the needs of all community members.

Proposition 47 of 2014 made promises of safe neighborhoods, but the unintended consequences that followed have provided anything but. According to a February 2023 study conducted by the Public Policy Institute of California, a strong majority of Californians worry they or a family member will be a victim of a crime (21% very, 44% somewhat). This is the sentiment being felt by residents of cities throughout the state.

Our communities deserve better, and cities are more than ready to find solutions that fix Proposition 47.

The City of Clovis is keenly interested in exploring additional strategies to address the impacts of crime in our communities. This includes resources to improve community safety through prevention and early intervention programming, as well as improved re-entry service provision 118
AGENDA ITEM NO. 13.

City Hall Administration • 1033 Fifth Street, Clovis, CA 93612 • 559.324.2010 • TTY-711 [email protected] • www.cityofclovis.com
for our formerly incarcerated community members. While these provisions have historically been the responsibility of state and county departments, cities are interested in increased collaboration to meet these urgent needs.

For these reasons, the City of Clovis requests your support on AB 1708.

Sincerely,

Lynne Ashbeck
Mayor, City of Clovis

cc: The Honorable Al Muratsuchi
(via email: [email protected] ) Raj Rakkar, Cal Cities Regional Public Affairs Manager (via email:
[email protected])
League of California Cities (via email: [email protected]) 119
AGENDA ITEM NO. 13.