CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JANAURY 13, 2022; 5:15 P.M.
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:
Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.
Study Session: None
LAST ORDINANCE: 2021-03 CITY LAST RESOLUTION: 2021-55
(SA) LAST RESOLUTION: 2021-04 PFA LAST RESOLUTION: 2021-05 AGENDA
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:
2. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez; Mayor Alvaro Preciado.
CITY CLERK:
Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.
3. CLOSED SESSION: (City/Successor Agency):
It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.
A. Pending Litigation (Government Code § 54956.9).
Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).
Significant exposure to litigation (Government Code § 54956.9(d)(2)).
Number of potential cases is: 1.
B. Conference with Labor Negotiator(s) (Government Code § 54957.6).
It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives:
Designated representatives: APOA.
C. Personnel (Government Code § 54957 (b)).
Consider public employee performance evaluation for the following positions:
Title: City Manager
4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES:
Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person.
5. CONSENT CALENDAR:
All items listed under the consent calendar are routine and enacted by one motion: (Action).
A. Ratify a Resolution of the City Council of the City of Avenal Adopting/Approving a Memorandum of Understanding (MOU) for the Avenal Police Officer’s Association (APOA) For FY 2021/2022, 2022/2023, 2023/2024: Resolution 2022-01.
B. Waive Second Reading and Adopt Ordinance 2021-02, implementing requirements for handling of organic waste and edible foods: Resolution 2022-02.
C. Consider Waiver of Portion of Required Years of Service for Retiree Health Benefit, Upon Completion of 15 Years of Uninterrupted Service to City (City Manager): Resolution 2022-03.
Jan 13, 2022 Pg. 1
6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR
CONSIDERATION:
A. Discussion of legislative needs to local/state elected officials for 2022.
7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS:
A. Activity Reports:
1) Public Works/Code Enforcement/Animal Control Departments Activity Report: Rob Williams, Public Works Director.
2) IT Department Activity Report: Humberto Bermudez, IT Manager. 3) Community Activities Events: Sheila Verdugo, Community Activities Supervisor B. Special Presentations/Reports:
1) Avenal Landfill Quarterly Report: George Anderson, Site Manager
8. PUBLIC HEARING(s):
A. Consider Annual Review of Development Impact Fees (DIF), DIF Capital Improvement Plan, and Review of Funds and Balances for FY 2020/21
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution
9. OLD BUSINESS:
A. Consider Extending Local Emergency Declared on March 24, 2020: (Discussion/Action).
B. Consider Extending Local Emergency Declared on May 27, 2021: (Discussion/Action).
10. NEW BUSINESS:
A. Consider Approving the Recognized Obligation Payment Schedule FY 22-23 for July 2022 through June 2023: (Discussion/Action).
11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.
12. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204.
Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.
I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on January 10, 2022.
/s/ Maria Ortiz
Maria Ortiz, City Clerk
Jan 13, 2022 Pg. 2
CIUDAD DE AVENAL
"Capital Mundial del Pistacho®"
REUNIÓN REGULAR DEL CONCEJO MUNICIPAL / AGENCIA SUCESORA/PFA JANAURY 13, 2022; 5:15 p.M.
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA A TRAVÉS DE ZOOM VIDEO/WEB CONFERENCING:
Enlace Web: bit.ly/AvenalCouncil o usar https://us02web.zoom.us/j/87243440488 O llamando al +1 669 900 6833 y usando el ID de reunión 872 4344 0488 para unirte.
Sesión de estudio: Ninguna
ÚLTIMA ORDENANZA: 2021-03 CIUDAD ÚLTIMA RESOLUCIÓN: 2021-55 ( SA) ÚLTIMA RESOLUCIÓN: 2021-04 PFA ÚLTIMA RESOLUCIÓN: 2021-05 AGENDA
1. LLAMADA AL ORDEN Y JURAMENTO DELEALTAD:
2. PASE DELISTA : Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde Interino Alejandro Ramírez; Alcalde Álvaro Preciado.
SECRETARIO DE LA CIUDAD:
Sección 54952.3 del Código de Gobierno: Los miembros del Concejo Municipal / Agencia Sucesora tienen derecho a recibir un total de $ 300.00 por mes debido a ser elegidos para el Concejo Municipal. No reciben ninguna otra compensación por sentarse como miembros de la Agencia Sucesora.
3. SESIÓN CERRADA: (Ciudad/Agencia Sucesora):
Es la intención de este órgano rector reunirse en sesión privada para revisar su posición e instruir a sus representantes designados: Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre temas de interés relacionados con la sesión privada.
A. Litigio pendiente (Código de Gobierno § 54956.9).
Conferencia con asesor legal – LITIGIO ANTICIPADO (Código de Gobierno § 54956.9(d)).
Exposición significativa a litigios (Código de Gobierno § 54956.9 (d) (2)).
El número de casos potenciales es: 1.
B. Conferencia con Negociador(es) Laboral(es) (Código de Gobierno § 54957.6).
Este órgano rector tiene la intención de reunirse en sesión privada para examinar su posición e instruir a susrepresentantes designados:
Representantes designados: APOA.
C. Personal (Código de Gobierno § 54957 (b)).
Considere la evaluación del desempeño de los empleados públicos para lossiguientes puestos:
Título: City Manager
4. COMENTARIOS PÚBLICOS/ANUNCIOS Y APARICIONES NO PROGRAMADAS:
Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre cualquier punto en la agenda o sobre cualquier otro tema de interés para el público que esté dentro de la jurisdicción de la materia del Concejo Municipal / Agencia Sucesora. La ley estatal prohíbe a cualquier miembro del Consejo / Agencia comentar o actuar sobre asuntos que no están en la agenda. Se permiten tres (3) minutos por persona.
5. CALENDARIO DE CONSENTIMIENTO:
Todos los elementos enumerados en el calendario de consentimiento son rutinarios y se promulgan mediante una moción: (Acción).
A. Ratificar una Resolución delConcejoMunicipal ode la Ciudad ode la Ciudad deAvenal Adoptando/Aprobando un Memorando de Entendimiento (MOU) fo tla Asociación de Oficiales de Policía de Avenal (APOA) Para el año fiscal 2021/2022, 2022/2023, 2023/2024:
Resolución 2022-01.
B. Renunciar a la segunda lectura y adoptar la Ordenanza 2021-02,requisitos de implementación para el manejo de desechos orgánicos y alimentos comestibles: Resolución 2022-02.
C. Considere la exención de la porción de los años de servicio requeridos para el beneficio de Jan 13, 2022 Pg. 3
salud para jubilados, al completar 15 años de servicio ininterrumpido a la ciudad (administrador de la ciudad): Resolución 2022-03.
6. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / PUNTOS A CONSIDERAR:
A. Discusión de las necesidades legislativas de los funcionarios electos locales / estatales para 2022.
7. INFORMES DE ACTIVIDAD/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:
A. Informes de actividad:
1) Informe de actividades de los Departamentos de Obras Públicas/Aplicación del Código/Control de Animales: Rob Williams, Director de Obras Públicas. 2) Informe de Actividad del Departamento de TI: Humberto Bermúdez, Gerente de TI. 3) Eventos de Actividades Comunitarias: Sheila Verdugo, Supervisora de Actividades Comunitarias
B. Presentaciones/Informes Especiales:
1) Informe trimestral del vertedero de Avenal: George Anderson, gerente del sitio
8. AUDIENCIA(S) PÚBLICA(S):
A. Considere la revisión anual de las tarifas de impacto en el desarrollo (DIF), el plan de mejora de capital del DIF y la revisión de fondos y saldos para el año fiscal20 20/21 • Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución
9. NEGOCIO ANTIGUO:
A. Considere extender la emergencia local declarada el 24 de marzo de 2020: (Discusión / Acción).
B. Considere extender la emergencia local declarada el 27 de mayo de 2021: (Discusión / Acción).
10. NUEVOS NEGOCIOS:
A. Considere la posibilidad de aprobar el Calendario de Pago de Obligaciones Reconocidas del año fiscal 22-23 para julio de 2022 a junio de 2023: (Discusión/ Acción).
11. CORRESPONDENCIA/ANUNCIOS/COMENTARIOS FINALES:
• Próximos/Futuros puntos del orden del día a considerar. • Correspondencia/Anuncios/Información/Comentarios finales.
12. APLAZAMIENTO:
1) De conformidad con la Ley de Estadounidenses con Discapacidad, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. La notificación 48 horas antes de la reunión permitirá a la ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión [28 CFR 35.02.35.1044 AA Título II]. 2) Los materiales relacionados con un punto de esta Agenda presentados al [Consejo / Autoridad] después de la distribución del paquete de la agenda están disponibles para inspección pública en la oficina [De los Secretarios de la Ciudad] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal.
Certifico que este taller de la Agenda del Concejo Municipal de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 10 de enero de 2022. /s/ María Ortiz
María Ortiz, Secretaria municipal
Jan 13, 2022 Pg. 4
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 13, 2022
RE: Ratify a Resolution of the City Council of the City of Avenal Adopting/Approving a Memorandum of Understanding (MOU) for the Avenal Police Officer’s Association (APOA) For FY 2021/2022, 2022/2023, 2023/2024: Resolution 2022-01.
INFORMATION:
On December 9, 2021, the City Council and the Avenal Police Officer’s Association (APOA), reached an agreement for adopting a new MOU for the FY 2021/2022, 2022/2023, & 2023/2024.
Attached is the resolution which authorizes the City Manager to sign and execute agreements with the APOA. The full resolution is being presented today in open session for ratification.
RECOMMENDATION:
Approve by motion Resolution 2022-01 as presented.
Jan 13, 2022 Pg. 5
1 of 2
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
Resolution of the City Council of the City
of Avenal Adopting/Approving a
Memorandum of Understanding (MOU) for
the Avenal Police Officer’s Association
(APOA) For FY 2021/2022, 2022/2023,
2023/2024
RESOLUTION 2022-__01__
WHEREAS, a Resolution to Meet and Confer with the Avenal Police Officer’s Association (APOA) was adopted in 2011 to meet and discuss working conditions, salaries, benefits, and other incidental matters; and
WHEREAS, the City Council and APOA have discussed said matters which relate to and affect the FY 2021/2022, 2022/2023, 2023/2024 City Budget; and WHEREAS, the City Council and the City Manager and Chief of Police, have agreed to the following:
SEE ATTACHMENT A & B
UPON MOTION OF COUNCIL MEMBER ______ , SECONDED BY
COUNCIL MEMBER _______ , THE FOLLOWING WAS PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON JANUARY 13, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the foregoing recitals to be true, correct and incorporated herein; Jan 13, 2022 Pg. 6
2 of 2
2. That the City Council hereby approves the MOU as agreed upon by both the City and APOA as per Attachment A & B.
3. That such benefits are effective as of July 1, 2021.
4. That all existing benefits shall be retained.
5. The City Council of the City of Avenal hereby authorizes the Mayor or City Manager to sign and execute documents and agreements related to this action on behalf of the City of Avenal.
6. Ordered relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
20200916 - Avenal - Resolution Appointing City Attorney-v1.doc Jan 13, 2022 Pg. 7
1 MEMORANDUM OF UNDERSTANDING BETWEEN
THE REPRESENTATIVES OF MANAGEMENT FOR
THE CITY OF AVENAL
AND
AVENAL POLICE OFFICERS' ASSOCIATION
July 1, 2021 – June 30, 2024
Jan 13, 2022 Pg. 8
2 TABLE OF CONTENTS
ARTICLE 1 PREAMBLE
ARTICLE 2 RECOGNITION CLAUSE
ARTICLE 3 MAINTENCE OF BENEFITS
ARTICLE 4 SCOPE OF AGREEMENT
ARTICLE 5 SEPARABILITY CLAUSE
ARTICLE 6 SAVINGS CLAUSE
ARTICLE 7 ASSOCIATION RIGHTS
ARTICLE 8 CITY RIGHTS
ARTICLE 9 NO STRIKE-NO LOCKOUT
ARTICLE 10 GRIEVANCE PROCEDURE
10.1 Purpose
10.2 Definition
10.3 Policy
10.4 Procedure
ARTICLE 11 ASSOCIATION REPRESENTATIVES
ARTICLE 12 HOURS AND OVERTIME
12.1 Payment for Overtime
12.2 3-12 plus 8 Program
12.3 Time Cards
ARTICLE 13 COMPENSATORY TIME (See Appendix A)
ARTICLE 14 STAND-BY PAY
14.1 On-call rates
14.2 On-call response time
14.3 On Call/Standby Update
ARTICLE 15 CALL BACK
15.1 After Leaving Work Site
15.2 Early - less than 8 hours notice
15.3 Call Back - at least 24 hours notice
15.4 Exclusions
15.5 Court Time
ARTICLE 16 SHIFT CHANGE
16.1 Frequency
16.2 Probationary Police Officers
Jan 13, 2022 Pg. 9
3 16.3 Police Officers
16.4 Senior Officer and Sergeants
16.5 Seniority Defined
ARTICLE 17 PAY PRACTICES
17.1 General Pay (See Appendix B)
17.2 Step Progression
17.3 Educational Incentive
17.4 Bilingual Pay (See Appendix C)
17.5 Special Assignment Pay
17.6 Field Training Officer Pay
17.7 Longevity Pay (See Appendix D)
ARTICLE 18 EMPLOYEE INSURANCE (See Appendix E)
ARTICLE 19 RETIREMENT
19.1 Retirement Plan
19.2 Retiree Insurance (See Appendix F)
ARTICLE 20 HOLIDAYS (See Appendix G)
ARTICLE 21 VACATION (See Appendix H)
ARTICLE 22 LEAVE
22.1 Sick Leave (See Appendix I)
22.2 Leave of absence without pay (See Appendix J)
22.3 Absence without leave (See Appendix K)
22.4 Leave of absence for death outside immediate family (See Appendix L)
22.5 Military Leave (See Appendix M)
22.6 Maternity (See Appendix N)
22.7 Employee's time off to vote (See Appendix O)
22.8 Jury Duty: Leave of Absence (See Appendix P)
22.9 Subpoenas: Leave of Absence (See Appendix Q)
22.10 Leave for attendance at industrial relations department hearing or related physical examinations (See Appendix R)
22.11 Pre-Approval of Leave (See Appendix S)
ARTICLE 23 GENERAL PROVIVIONS
23.1 Uniform Allowance
23.2 Assigned take home vehicles
23.3 Body Armor
23.4 Education Reimbursement (See Appendix T)
23.5 Personal property reimbursement
23.6 Carpool Program
ARTICEL 24 LAYOFF (See Appendix U)
ARTICLE 25 TRAVEL AND EXPENSE (See Appendix V)
ARTICLE 26 DUES DEDUCTION
Jan 13, 2022 Pg. 10
4 ARTICLE 1: PREAMBLE
Pursuant to the Meyers-Milias-Brown Act, this Memorandum of Understanding has been entered into by the City of Avenal, hereinafter referred to as the "City," and the Avenal Police Officers' Association, hereinafter referred to as the "Association." The purpose of this Memorandum of Understanding is the promotion of harmonious relations between the City and the Association, the establishment of equitable procedures for the peaceful resolution of differences and the establishment of the entire and complete agreement covering the rates of compensation, hours of work and all other conditions of employment to be observed by the parties.
ARTICLE 2: RECOGNITION
The City hereby recognizes the Association as the sole and exclusive bargaining representative for all regular, permanent employees within the bargaining unit consisting of the following classifications:
Police Officer
Police Senior Officer
Police Sergeant
ARTICLE 3: MAINTENANCE OF BENEFITS
The parties agree that wages, hours and terms and conditions of employment as provided by ordinance, rule, regulation or policy, or previously adopted Memoranda of Understanding which are in existence at the commencement of this Agreement, and not otherwise modified by this Agreement, shall not be diminished, lessened or reduced for the duration of this Agreement except as provided in Article 4, Section 2.
ARTICLE 4: SCOPE OF AGREEMENT
The Association and the City agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of bargaining and that this Agreement represents a full and complete understanding and agreement of the parties on all issues between the Association and the City.
This Agreement supersedes all previous Memoranda of Understanding or Agreements between the Association and the City. It is understood that for the term of this Agreement, changes in terms and conditions of employment specifically referenced herein may be accomplished only through the "meet and confer" process and by mutual consent of the parties. Changes in other terms and conditions of employment may be accomplished otherwise as provided by law.
Jan 13, 2022 Pg. 11
5 ARTICLE 5: SEPARABILITY CLAUSE
It is agreed by the parties to this Agreement that for the term of this Agreement, any conflict between any section or part thereof of this Agreement and any City or Department rule, regulation, ordinance, code, resolution, procedure or practice existing as of the date of the Agreement or adopted thereafter, shall be resolved in favor of the provisions contained in this Agreement.
ARTICLE 6: SAVINGS CLAUSE
If any article or section of this Agreement should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. In the event of invalidation of any article or section, the City and the Association agree to meet and confer within 30 days.
ARTICLE 7: ASSOCIATION RIGHTS
Employees shall be free to participate in Association activities without interference, intimidation or discrimination in accordance with State law and City policies, rules and regulations. Association rights shall include:
a. The right to represent its members before the City Council or advisory boards or commissions with regard to wages, hours and working conditions or other matters within the scope of representation, subject to the provisions of applicable Federal, State or Local laws and regulations.
b. The right to be given reasonable written notice of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation.
c. The right to a reasonable amount of time during regular working hours to represent its members before the City Council or their representatives when formally meeting and conferring on matters within the scope of representation, or any other activities that the parties agree.
d. The right to payroll deductions made for payment of organizational dues and for programs agreed upon as a result of the meet and confer process. e. The right to the use of designated bulletin boards by the Association in each building or facility where Association employees are assigned. f. The use of City facilities for Association activities providing that appropriate advance arrangements are made. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.
Jan 13, 2022 Pg. 12
6 g. The City Council or its designated representative making copies of their meeting agenda available.
h. Reasonable access to employee work locations for officers of the Association and their officially designated representatives, for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the Department or with established safety or security requirements.
i. There shall be no discrimination against any employee or applicant for employment by the City because of participation in legitimate Association activities.
j. The Association shall have right to utilize City duplicating equipment, at a cost not to exceed that charged City Departments and under the same conditions imposed upon City Departments, and to utilize the City inter-office mail system for the conduct of Association business.
k. Designated representatives of the Association shall be entitled to use up thirty two hours (32) hours (per board member) per calendar year of release time for legitimate Association business. Use of the release time shall be subject to advance notice and shall not interfere with the efficiency, safety and security of City operations. Hours do not carry over into the following year. Approval shall not be unreasonably denied.
ARTICLE 8: CITY RIGHTS
Except as otherwise specifically provided in this Agreement, the City has and retains the sole and exclusive rights and functions of management, including, but not limited, to the following:
a. To determine the nature and extent of services to be performed, as well as the right to determine and implement its public functions and responsibility. b. To manage all facilities and operations of the City, including the methods, means and personnel by which City operations ate to be conducted. c. To schedule and assign work.
d. To establish, modify or change work standards.
e. To direct the working forces, including the right to hire, assign or promote any employee.
f. To determine the layout and the machinery, equipment or materials to be used. g. To determine the location of all plants and facilities.
Jan 13, 2022 Pg. 13
7 h. To determine processes, techniques, methods and means of all operations, including changes or adjustments of any machinery or equipment. i. To determine the size and composition of the working force. j. To determine policy and procedures affecting the selection or training of employees.
k. To establish, assess, and implement employee performance standards, including, but not limited to, quality and quantity standards; the assessment of employee performance; and the procedures for said assessment. l. To control and determine the use and location of City property, material, machinery or equipment.
m. To determine safety, health and property protection measures. n. To transfer work from one job to another or form one plant or unit to another. o. To introduce new, improved or different methods of operations or to change existing methods.
p. To lay off employees from duty for lack of work or lack of funds. q. To reprimand, suspend, discharge or otherwise discipline employees for just cause.
r. To establish, modify, determine, or eliminate job classifications. s. To promulgate, modify and enforce work and safety rules and regulations. t. To take such other and further action consistent with this Agreement as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves. u. To contract or subcontract construction, services, maintenance, distribution or any other work with outside public or private entities. v. The Association expressly and specifically agrees that except to the extent that the City rights are expressly limited by the terms of this Agreement, the Association waives any and all of its rights to meet and confer on any of the City rights. If the exercise of these rights directly affects wages, hours or terms and conditions of employment, the City will meet and confer on the effects of its actions. The Association agrees that the City may first exercise its rights before meeting and conferring on the effects of the exercise of its rights. The agreement to meet and confer over the effect of the exercising of A City right shall not in any way impair the right of the City to exercise and implement any of its rights.
ARTICLE 9: NO STRIKE-NO LOCKOUT
Jan 13, 2022 Pg. 14
8 1. During the term of this Agreement, the Association, its officers, agents and members agree that they shall neither engage in nor encourage, nor will any of its members or representatives take part in any strike, work stoppage, slowdown, sick-out or other concerted refusal to work.
2. If an employee participates in any manner in any strike, work stoppage, slowdown, sick-out or other concerted refusal to work or participates in any manner in any picketing or impediment to work in support of any such strike, work stoppage, slowdown, sick-out or other concerted refusal to work or induces other employees of the City to engage in such activities, such employee shall be subject to discharge by the City.
3. In the event the Association calls, engages in, encourages, assists or condones in any manner, any strike, work stoppage, slowdown, sick-out or other concerted refusal to work by employees of the City or any picketing or work impediment in support thereof, or any other form of interference with or limitation of the peaceful performance of City services, the Association agrees that the City, in addition to any other lawful remedies of disciplinary actions available to it, may suspend any and all of the rights and privileges accorded the Association under any ordinance, resolution, rules or procedures of the City, including, but not limited to, the suspension of recognition of the Association and the use of the City bulletin boards and facilities.
4. Any employee violating the obligations of this article may be disciplined or discharged by the City without recourse to the appeals procedure except as to the question of whether the employee participated in the prohibited conduct.
5. The City shall not lock-out employees.
6. Nothing in this article is intended to diminish civil rights and due process as required by law.
ARTICLE 10: GRIEVANCE PROCEDURE
Section 10.1 PURPOSE
A mutual obligation exists between administrative, supervisory and nonsupervisory employees of the City of Avenal to provide efficient and continuous services to the public. Employee's morale is an important factor in maintaining a high level of public service and the administration has a responsibility to provide an orderly and expeditious method for resolving problems which may arise from working relationships and conditions.
Section 10.2 DEFINITION
A grievance is an allegation by an employee that the employee has been adversely affected by a violation, misinterpretation, or misapplication of the specific written provisions of a Memorandum of Understanding, the City's salary and fringe benefit resolutions, or the City's written personnel policies and procedures.
Section 10.3 POLICY
Regular employees shall use the hereinafter prescribed procedure for grievances arising out of the administration of ordinances or regulations dealing with Jan 13, 2022 Pg. 15
9 personnel, salary, or other benefits, any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures.
10.3.1 Representation - An employee may be represented at all stages of the grievance procedure by himself/ herself or, at his/her option, by a representative. In this grievance procedure, any reference to grievant means grievant, his/her representative, and/or a bargaining unit.
10.3.2 Certain time limits in the grievance procedure are designed to quickly settle a grievance. It is realized, however, that on occasions the parties concerned may be unable to comply with the established limitations. In such instances, the limitations may be extended upon the mutual agreement of all parties concerned.
10.3.3 Failure of the aggrieved employee to file an appeal within the prescribed time limit for any step of the procedure shall constitute abandonment of the grievance. City management personnel involved shall abide by prescribed time limits.
10.3.4 Any person responsible for conducting any conference, meeting, or hearing under the formal grievance procedure shall give due and timely notice to all persons concerned.
10.3.5 The parties may mutually agree to waive any step of the grievance procedure.
Section 10.4 PROCEDURE
Step 1 Informal Step: As a general policy, attempts shall be made to ascertain all facts and adjust all grievances on an informal basis between the grievant and a supervisor in the chain of command up to and including the Department Head.
Presentation of this grievance shall be made within ten (10) working days from the date the grievant knew or should have known of the act or occurrence giving rise to the grievance.
Step 2: If the grievance is not adjusted to the satisfaction of the grievant within five (5) working days after presentation of the grievance, the grievant may submit the grievance in writing to the Department Head within the next ten (10) working day. The Department Head shall meet with the grievant within five (5) working days of receipt of the written grievance and communicates a decision to the grievant within five (5) working days after the meeting.
Step 3: If the grievant is not satisfied with the decision of the Department Head, the grievant may, within ten (10) working days after receipt of the Department Head's decision, submit in writing the grievance and request for a hearing to the City Manager for review. The City Manager, or designee, shall hear the case and either uphold the decision of the Department Head, modify the discipline, or refer the matter back to the Department Head for further review. The City Manager, or designee's, decision shall be final.
Jan 13, 2022 Pg. 16
10 b. Either party may seek review of the City Manager or designee's decision pursuant to Code of Civil Procedure Section 1094.5.
ARTICLE 11: ASSOCIATION REPRESENTATIVES
Designated representatives shall be provided a reasonable amount of time to investigate and present grievances. Grievance investigations shall be conducted in such a manner as to interfere as little as possible with work in progress. After requesting time off from his/her immediate supervisor as far in advance as reasonably possible, the representative shall be permitted to leave the regular work site to deal with grievance matters. Permission for such use of work time may be denied for legitimate operating reasons, but shall not be unreasonably denied.
ARTICLE 12: HOURS AND OVERTIME
Section 12.1 Overtime shall be compensated at one and one-half (1 ½) times the employee’s regular hourly rate of pay for all hours worked beyond an employee’s scheduled/normal shift.
Section 12.2 3-12 plus 8 PROGRAM
12.2.1 The regularly scheduled hours of work for all sworn personnel classified as Police Officer, Police Senior Officer, and Police Sergeant shall have two work weeks per pay period, a 36 hour work week consisting of three twelve (12) hour shifts and a 44 hour work week consisting of three twelve (12) hour shifts and one eight (8) hour shift, equaling 160 hours during each 28 day work period.
12.2.2 The standard duty shift for employees working the 3-12 plus 8 plan shall be:
Day Watch: 0600 hours to 1800 hours;
Night Watch: 1800 hours to 0600 hours;
12.2.3 MEAL PERIODS
Employees on the alternative schedule shall be given a thirty (30) minute meal break per duty shift and two (15) minute breaks when possible, during which time he/she will remain on duty, in uniform and subject to call. The two breaks and one one-half hour meal break shall be paid time and shall be included in the workday. Employees shall not be eligible for overtime pay for breaks and meal periods not taken due to duties and responsibilities of work assignments.
12.2.4 EXCLUSIONS
Light duty assignments, special assignments and/or major operations may be excluded from the 3-12 plus 8 program at the discretion of the Chief, or designee.
A special assignment is one that is for a limited defined duration, such as, for example, detective, school resource officer, gang task force, POP officer. Such schedules will be determined by the Chief. Personnel applying for such special assignments will be notified of the applicable schedule prior to the time applications for the assignment are due.
Section 12.3 Time Cards
Jan 13, 2022 Pg. 17
11 All time cards are to be completed, signed, and turned into the Chief of Police or his designee by the second Wednesday of the pay period by 9:00 a.m. Any adjustments to the pay period taking place after the completion of the time card shall be included on the following pay period time card as carryover adjustments.
ARTICLE 13: COMPENSATORY TIME
Follow City of Avenal Administrative Policies and Procedures Section 31, Compensatory Time, adopted November 2017. See attached Appendix A ARTICLE 14: STAND-BY PAY
Section 14.1 Employees assigned to stand-by status by the Department shall receive $1.75 per hour for each hour so assigned.
Section 14.2 Employees in a paid on-call status are required to promptly respond to the designated location and arrive within a reasonable period of time after being notified to respond. Reasonable response time shall be the time required to get ready and then drive at normal speeds to the designated duty location (including the need to first stop at the station if necessary). Employees subject to this provision must be able to arrive at the designated duty location within 90 minutes of notification.
Section 14.3 On-Call/Standby Pay: The Council agrees to continue working with APOA and Chief of Police to finalize the previously proposed language that is acceptable to both sides.
ARTICLE 15: CALL BACK
Section 15.1 Employees, who are called back to work after having completed the normal shift, after having left the work site, shall be entitled to receive a minimum of three (3) hours pay at the overtime rate.
Section 15.2 Employees called in early to work directly prior (contiguous) to their regularly scheduled shift with less than eight (8) hours notice shall be entitled to receive a minimum of three (3) hours pay at the overtime rate.
Section 15.3 Minimum "call-back" shall not apply to overtime which is contiguous to the employee's regular shift or to overtime for required shooting range practice or qualifications, special meetings, training sessions or other special events scheduled at least twenty-four (24) hours in advance. Employees required to respond to special events that are scheduled at least twenty-four (24) hours in advance shall receive a minimum of three (3) hours pay at the overtime rate or the actual time spent at the event, whichever is greater.
Section 15.4 Minimum "call-back" shall not apply to overtime which is required for physical examinations or portions thereof. Employees shall be compensated at the overtime rate for actual time spent in the physical exam.
Jan 13, 2022 Pg. 18
12 Section 15.5 When an employee is required to attend a court proceeding at a time outside of the employee's regularly scheduled work shift, the employee shall be entitled to receive a minimum of three (3) hours pay at the overtime rate or the actual time spent at the proceeding, whichever is greater.
Section 15.6
ARTICLE 16: SHIFT CHANGE
Section 16.1 Shift Change will take place as determined by the Chief of Police after consultation with the City Manager.
Section 16.2 Probationary Police Officers: Department management retains the discretion to assign probationary Police Officers to particular shifts until the shift change immediately following the employee’s successful completion of probation.
Section 16.3 Shift selection shall be made on a seniority basis for all Police Officers.
Department management retains the discretion to assign Police Officers if the assignment is in the best interest of the Department.
Section 16.4 Shift selection for Senior Officers and Sergeants shall be on a mandatory rotation basis. Shift trades are authorized with Department management approval.
Department management retains the discretion to assign Senior Officers or Sergeants if the assignment is in the best interest of the Department.
Section 16.5 Seniority is defined as time in specified rank. The observed ranks are Officer, Senior Officer, and Sergeant. No distinction is made between Officer I and Officer II.
ARTICLE 17: PAY PRACTICES
Section 17.1 GENERAL PAY
17.1.1 Effective as of the payroll periods hereinafter set forth, the salary ranges for the classifications of the employee-members represented by the Association in the Police Unit shall be increased as follows:
17.1.1.1First Year: FY 2018/2019. Salaries shall be increased by 2% effective July 1, 2018.
Second Year: FY 2019/2020. Salaries shall be increased by 2% effective July 1, 2019.
17.1.1.2 The basic salary schedules are attached as Appendix B.
17.1.2 Premium Pay/Additional Compensation as Appendix B Section 17.2 STEP PROGRESSION
Jan 13, 2022 Pg. 19
13 17.2.1 The years of service requirement for eligibility for merit increases on appointment or promotion are:
17.2.1.1 Step 1 to Step 2 – One (1) year.
17.2.1.2 Each additional step within the range at one (1) year intervals.
Section 17.3 EDUCATIONAL INCENTIVE
17.3.1 The City will grant all eligible unit members who qualify the following amounts for having and/or obtaining a Certificate from the Commission on Peace Officers Standards & Training (POST) of the State of California or College Degree as follows: Intermediate Certificate (or Associates Degree), Advanced Certificate (or Bachelors Degree), or Supervisory Certificate (or Masters Degree).
17.3.2 Intermediate Certificate or Associates Degree- One hundred (100) dollars per month premium pay for those who possess a POST Intermediate Certificate; or
17.3.3 Advanced Certificate or Bachelors Degree- Two hundred (200) dollars per month premium pay for those who possess a POST Advanced Certificate; or
17.3.4 Supervisory Certificate or Masters Degree- Three hundred (300) dollars per month premium pay for those who possess a POST Supervisory Certificate.
Section 17.4 BILINGUAL PAY
Follow City of Avenal Administrative Policy/Personnel Policies regarding Bilingual Skills Differential Pay. See attached Appendix C.
Section 17.5 SPECIAL ASSIGNMENT PAY
17.5.1 Police Officers, Senior Officers, and Sergeants who are appointed by the Chief of Police and accept positions requiring additional training and responsibilities are entitled to receive a Special Duty Differential Pay increase of 2.5% for as long as the position is held. The following assignments are designated as Special Duty Assignments:
a) S.W.A.T.
b) Detective
c) Gang Task Force
d) Juvenile Services Officer
e) POP Officer
f) K9 Handler
Section 17.6 FIELD TRAINING OFFICE PAY
Any Police Officer I or II that is assigned as a department Field Training Officer shall recieve Incentive/ Special Assignment Pay increase at the rate of 5% only during that time the Officer has a trainee.
Section 17.7 LONGEVITY PAY
Jan 13, 2022 Pg. 20
14 Follow City of Avenal Administrative Policy/Personnel Policies regarding Bilingual Skills Differential Pay. See attached Appendix D.
ARTICLE 18: EMPLOYEE INSURANCE
Follow City of Avenal Administrative Policies and Procedures Section 28 Fringe Benefits. Policy states the following:
ARTICLE 19: RETIREMENT
Section 19.1 RETIREMENT PLAN
The City currently provides a two tier retirement system in accordance with State Law for all eligible members of the Public Employees Retirement System. These tiers are designated as "Classic Members" and "New Members".
19.1.1 "Classic Members" are those employees hired prior to January 1, 2013, or those hired on or after that date that are not designated as "new members" to CalPERS. "Classic Members" are eligible for the three percent (3%) at age fifty five (55) Safety Plan.
19.1.2 All employees covered by this agreement and hired prior to January 1, 2012, the City shall pay the employees standard contribution of nine percent (9%).
19.1.3 All employees covered by this agreement and hired after January 1, 2012, the City shall pay seven percent (7%) of the employee's standard contribution rate of nine percent (9%).
19.1.4 "New Members" are those employees hired on or after January 1, 2013 and designated as "new members" to CalPERS. "New Members" are eligible for the two point seven percent (2.7%) at age fifty seven (57) Safety Plan pursuant to AB 340/SB197 (pension reform).
19.1.5 All "New Members", employees covered by this agreement and hired after January 1, 2013, the employee shall pay the entire employee contribution rate reviewed and set annually by CalPERS. Such payment shall vest to the employee.
19.1.6 Section 414 (h) (2) of the Internal Revenue Code “Employer Pick up of employee contribution portion” is provided to all members of the contract.
Section 19.2 HEALTH INSURANCE COVERAGE FOR RETIREES
Follow City of Avenal Resolution No. 80-2, Adoption of Meyers-Geddes State Employees' Medical and Hospital Care Act. See attached Appendix F.
Resolution No. 2016 – 38, ammends and modifys Resolution 80-2 effective July 1, 2016. See Appendix E for the Resolution and the modification.
ARTICLE 20: HOLIDAYS
Jan 13, 2022 Pg. 21
15 Follow City of Avenal Administrative Policies and Procedures Section 13 Paid Holidays. See attached Appendix G.
ARTICLE 21: VACATION
Follow City of Avenal Administrative Policies and Procedures Section 15 Vacation Leave. See attached Appendix H.
ARTICLE 22: LEAVE
Section 22.1 SICK LEAVE
Follow City of Avenal Administrative Policies and Procedures Section 14 Sick Leave. See attached Appendix I.
Section 22.2 LEAVE OF ABSENCE WITHOUT PAY
Follow City of Avenal Administrative Policies and Procedures Section 16 Leave of Absence without pay. See attached Appendix J.
Section 22.3 ABSENCE WITHOUT LEAVE
Follow City of Avenal Administrative Policies and Procedures Section 17 Absence Without Leave. See attached Appendix K.
Section 22.4 LEAVE OF ABSENCE FOR DEATH OUTSIDE IMMEDIATE FAMILY Follow City of Avenal Administrative Policies and Procedures Section 18 Leave of Absence for Death Outside Immediate Family. See attached Appendix L.
Section 22.5 MILITARY LEAVE
Follow City of Avenal Administrative Policies and Procedures Section 19 Military Leave of Absence. See attached Appendix M.
Section 22.6 MATERNITY
Follow City of Avenal Administrative Policies and Procedures Section 20 Maternity. See attached Appendix N.
Section 22.7 EMPLOYEE'S TIME OFF TO VOTE
Follow City of Avenal Administrative Policies and Procedures Section 21 Employee's Time Off to Vote. See attached Appendix O.
Section 22.8 JURY DUTY: LEAVE OF ABSENCE
Follow City of Avenal Administrative Policies and Procedures Section 22 Jury Duty: Leave of Absence. See attached Appendix P.
Jan 13, 2022 Pg. 22
16 Section 22.9 SUBPOENAS: LEAVE OF ABSENCE
Follow City of Avenal Administrative Policies and Procedures Section 23 Subpoenas: Leave of Absence. See attached Appendix Q.
Section 22.10 LEAVE FOR ATTENDANCE AT INDUSTRIAL RELATIONS DEPARTMENT HEARING OR RELATED PHYSICAL EXAMINATIONS.
Follow City of Avenal Administrative Policies and Procedures Section 24 Leave for Attendance at Industrial Relations Department hearing or Related Physical Examinations. See attached Appendix R.
Section 22.11 PRE-APPROVAL OF LEAVE
Follow City of Avenal Administrative Policies and Procedures Section 25 PreApproval of Leave. See attached Appendix S.
ARTICLE 23: GENERAL PROVISIONS
Section 23.1 UNIFORM ALLOWANCE
23.1.1 All employees required to wear a uniform by the City shall receive a uniform allowance paid directly to the employee. Payment shall be made as follows:
Eligible employees who are on the regular City payroll shall receive the allowance in the first full pay period in August of each year. New employees hired after July 1 shall receive the allowance in the first full pay period following the date of employment. Employees who voluntarily terminate within the first 90 days after receiving the allowance shall be required to reimburse the City for one-half of the allowance. Those who voluntarily terminate during the second 90 days after receiving the allowance will be required to reimburse the City for onequarter of the allowance.
23.1.2 The annual uniform allowance shall be $1,000.00. The uniform allowance is payable to the employee in the first full pay period in the month of August.
23.1.3 The City agrees to reimburse for one-half the cost of uniforms that are damaged during duty hours or while stored at a City facility, providing that the employee made a reasonable effort to safeguard the uniform. Reimbursement will be based upon the replacement value of the item, based upon its current cost. Such reimbursement shall be made within thirty (30) days from the date of submission of the claim by the employee and related required reports to the Department.
Section 23.2 ASSIGNED TAKE HOME VEHICLES
The APOA and City shall continue working on more definitive language regarding this policy. The APOA and the City shall come to an agreement Jan 13, 2022 Pg. 23
17 regarding definitive language by February 28, 2022. If no agreement is reached by then, this policy shall remain in effect and any misuse of the city vehicle, confirmed by an investigation, by an employee may result in removal from the take home vehicle program of that specific employee.
Detectives and Gang Task Force personnel take city-assigned vehicles home under current practice as approved by the Chief of Police. The City will continue to permit detectives to take home City cars under the present practice.
After July 1, 2016 any personnel assigned to a "special assignment" per section
17.5.1, shall be granted a assigned take home vehicle at the descretion of the Chief of Police.
Section 23.3 BODY ARMOR
The City will supply body armor to all employees in the bargaining unit every five years as follows:
Reimburse the employee in an amount equal to no more than the average cost of vests, as determined by the Chief or designee, which meet the following criteria:
Level III A, wrap around, fitted, with trauma plate and removable cover. The employee shall have the option to select a Level II, wrap around, fitted, with trauma plate and removable cover. The Chief or designee shall annually survey the cost of purchasing a Level III A vest and shall then set the dollar amount of reimbursement. Employees may purchase vests of a higher grade, but must pay the difference in cost.
Section 23.4 EDUCATION REIMBURSEMENT
Follow City of Avenal Administrative Policies and Procedures Personnel Subject: Tuition Reimbursement. See attached Appendix T.
Section 23.5 PERSONAL PROPERTY REIMBURSEMENT
Upon approval of the Chief, and in accordance with the provisions of Section 53240 of the Government Code of California, employees may be paid the cost of replacing or repairing prostheses or other personal property of an employee, such as eyeglasses, hearing aids, dentures, watches or other articles necessarily worn or carried by the employee or required by the nature of his/her duties, when such items are damaged or destroyed in the line of duty or stolen from City facilities provided the employee was not at fault or contributory negligent. If items are damaged beyond repair, the actual value of such may be paid. The value of such items shall be determined as of the time of damage thereto. The City Chief shall establish the procedure to be followed by employees in submitting claims for damaged or destroyed items. No claims shall be authorized for repair or replacement of items or personal property used on City business unless they have more than minor value and are listed on an inventory of such items which has received certification by the Chief that said items are necessary for the conduct of City business.
Jan 13, 2022 Pg. 24
18 Section 23.6 CARPOOL PROGRAM
City Manager is to work with the APOA on conducting a pilot carpool program by first utilizing a van-share service like CalVans or Enterprise Commute. The Council is open to funding a van-share program for up to two months as a trial period to help determine hard costs and estimates to determine how a program can be implemented and funded long-term. Should a van-share service be deemed not economically reasonable, a second pilot program utilizing City vehicles may follow for up to two months.
Section 24: LAYOFF
Follow City of Avenal Resolution No. 90-16, Personnel System Rules; Rule XI.
See attached Appendix U.
Section 25: TRAVEL AND EXPENSE
Follow City of Avenal Travel and Expense Policy. See attached Appendix V.
ARTICLE 26: DUES DEDUCTION
It is mutually agreed that the City will, during the term of this MOU deduct, without charge, dues from the pay of those employees who individually provide written authorization for such dues in an amount certified to be current and correct by the President of the APOA or their designee. There shall be no more than one deduction per pay period and the total of such deductions shall be remitted by the City to the APOA. "Dues" in this context means any deduction voluntarily authorized by an Association member City employee.
Jan 13, 2022 Pg. 25
MEMORANDUM OF UNDERSTANDING 2021-2024
CITY OF AVENAL, AVENAL POLICE OFFICER'S ASSOCIATION
FOR THE ASSOCIATION FOR THE CITY
~)J, (;1./).(l).o;ll
Antony Lopez, City Ma~Date
a¢ Carter Voyl~ident Date
Billie Stryd, Secretary/Treasurer Date
19 Jan 13, 2022 Pg. 26
Appendix A
COMPENSATORY TIME
City of A venal
Administrative Policies and Procedures Amended and adopted November 16, 2017 Section 31. Compensatory Time. Public Safety employees and designated employees approved by the City Manager may accrue up to 120 hours of Compensatory Time Off. In order to maintain a balance below the maximum of 120 hours, the Chief/City Manager may request the employee to use accrued compensatory time.
Compensatory Time Off (CTO) shall be granted ifrequested ten (10) days in advance of the effective date, unless it would cause an "undue disruption" to the department. An undue disruption shall be defined as CTO which would result in staffing levels falling to more than one officer below minimum staffing. The cost of filling back overtime does not constitute an undue disruption.
A request made within ten (10) days of the effective date to be off must be approved by the depaiiment head and City Manager.
Once granted, CTO shall not be cancelled, unless there is an emergency. An emergency may include a critical incident. Examples of such include but are not limited to, natural disasters; officer involved shooting, major crime event, riot or demonstration, air crash, act of terrorism, fire or explosion or an event which causes staffing levels to drop below their prescribed minimums during specified holidays. 1 Jan 13, 2022 Pg. 27
STEP
Police Officer I Police Officer II
Senior Officer
Sergeant
STEP
Police Officer I Police Officer 11
Senior Officer Sergeant
STEP
Police Officer I Police Officer 11
Senior Officer
Sergeant
Appendix B
SALARY SCHEDULE
Amended and adopted November 1, 2018
TABLE 1
Hourll Rates - Effective Jull 11 2018
1 2 3 4
$24.08 $25.29 $26.55 $27.88
$26.25 $27.56 $28.94 $30.38
$28.11 $29.52 $31.00 $32.55
$31.05 $32.60 $34.23 $35.97
TABLE 1
Monthll Rates - Effective Jull 11 2018
1 2 3 4
$4.174.19 $4,382.90 $4.602.04 $4,832.15
$4,549.19 $4,776.65 $5,015.48 $5,266.26
$4,873.11 $5,116.77 $5,372.60 $5,641.23
$5,381.84 $5,650.93 $5,933.48 $6,230.15
TABLE 1
Annual Rates - Effective Jull 11 2018
1 2 3 4
$50,090.28 $52,594.79 $55,224.53 $57,985.76
$54,590.28 $57,319.79 $60,185.78 $63,195.07 $58,477.32 $61,401.19 $64,471.25 $67,694.81 $64,582.08 $67,811.18 $71,201.74 $74,761.83 5 $29.27
$31.90 $34.17
$37.74
5 $5 073.75 $5,529.57 $5,923.30
$6,541.66
5 $60,885.05 $66,354.83
$71,079.55 $78,499.92
2 Jan 13, 2022 Pg. 28
TABLE 1
Houri~ Rates - Effective Jul~ 11 2019
STEP 1 2 3 4 5
Police Officer I $24.56 $25.79 $27.08 $28.44 $29.86 Police Officer II $26.77 $28.11 $29.51 $30.99 $32.54 Senior Officer $28.68 $30.11 $31.62 $33.20 $34.86
Sergeant $31.67 $33.25 $34.92 $36.69 $38.50
TABLE 1
Monthl~ Rates - Effective Jul~ 11 2019
STEP 1 2 3 4 5
Police Officer I $4.257.67 $4,470.56 $4.694.09 $4,928.79 $5 175.23 Police Officer II $4,640.17 $4,872.18 $5,115.79 $5,371.58 $5,640.16 Senior Officer $4,970.57 $5,219.10 $5,480.06 $5,754.06 $6,041.76 Sergeant $5,489.48 $5,763.95 $6,052.15 $6,354.76 $6,672.49 TABLE 1
Annual Rates - Effective Jul~ 11 2019
STEP 1 2 3 4 5
Police Officer I $51,092.09 $53,646.69 $56,329.02 $59,145.48 $62,102.75 Police Officer 11 $55,682.09 $58,466.19 $61,389.50 $64,458.97 $67,681.92 Senior Officer $59,646.87 $62,629.21 $65,760.67 $69,048.70 $72,501.14 Sergeant $65,873.72 $69,167.41 $72,625.78 $76,257.07 $80,069.92
PREMIUM PAY/ADDITIONAL COMPENSATION
Due to multiple open audits and economic uncertainty, at this time, the City's budget is unable to sustain a Cost-of-Living Adjustment (COLA) as requested. The Council in an effort to continue working with the APOA has agreed to allocate American Rescue Plan Act (ARPA) funds in the form of Premium Pay to the APOA.
From an initially discussed offer of $12,000 for three fiscal years, the Council has agreed to increase the amount to $15,500.00 with the following conditions:
3 Jan 13, 2022 Pg. 29
Premium Pay total of $15,500 for three fiscal years FY 21/22-23/24 (July 1 2021 -June 30 024}, to be paid in equal installments concurrent with the regular pay schedule throughout the duration of the MOU, or as mutually agreed by both the City Manager and Team Representative. Premium Pay will be paid for by utilizing American Rescue Plan Act (ARPA} funds.
o Premium Pay is exclusive to full time employees
o New hires will be eligible for Premium Pay after six {6} months from date of hire. o Employees who retire or leave prior to a payment date would no longer qualify for the remaining funds.
The Council agrees to the following proposed language regarding additional compensation with proof of COVID-19 vaccination:
Additionally, members who can show proof they have been fully vaccinated against COV/0-19 will receive an additional $1000.00. Proof of full vaccination against COV/0- 19 shall be presented to the city no later than February 15, 2022. To receive the additional $1000.00 a member is considered fully vaccinated if they have received one shot of a single dose vaccine or the second shot of a two-dose vaccine. This payment shall be paid in a lump sum no later than the second pay period after showing proof of full vaccination.
The above items shall not be pensionable.
Council and APOA agree to a salary comparison analysis January 1, 2023 prior to a new MOU expiring. The City and APOA agree to meet and confer for a salary increase only no sooner than January 1, 2023. The Council agrees to work with APOA representatives to select a list of mutually agreed upon agencies which will comprise the survey. The City and APOA agree to have the comparable cities no later than August 1, 2022. This will allow time for both sides to complete the salary survey before January 1, 2023. Any agreed upon salary increase shall be effective July 1, 2023. At this time, both Coalinga and Corcoran are agreed upon by both the APOA and City. The survey shall include pensionable items to help determine total compensation when making the comparisons.
Due to budgeting constraints, it is not anticipated that any further funds will become available from ARPA or any other source.
4 Jan 13, 2022 Pg. 30
Appendix C
BILINGUAL PAY
City of A venal
Administrative Policy/Personnel Policies February 2012
ST A TEMENT OF PURPOSE:
The purpose of this policy is to establish guidelines regarding bilingual skills and pay for eligible City of A venal employees.
City of A venal employees frequently use bilingual skills to enhance the performance of their duties to better serve the citizens of the City.
BILINGUAL SKILLS DIFFERENTIAL PAY:
A Bilingual Skills Differential Pay will be considered for the following:
Conversational, reading, writing and translation.
Individual designated as bilingual must possess the ability to converse in second language; to read English and translate in writing and orally into second language; and, to read and translate the second language in writing and orally into English; and write in second language.
Non-certified Bilingual Skills: 2.5% pay increase
Certified Bilingual Skills: up to 5% increase (must provide valid certificate) ELIGIBIL TY: This policy is applicable to all regular full time and part time employees in all departments of the City of A venal. The ability for employees to receive Bilingual Skills Differential Pay will be by application, justification and recommendation of the Department Director or Supervisor to the Administrative Analyst. Final determination will be made by the City Manager. The Depaiiment Director or Supervisor will identify individual(s) eligible and recommend said pay when:
1. The possession of bilingual skills is beneficial in the performance of the employee's and/or department's duties;
2. The normal work station, work area or job responsibilities of the qualifying employee is such that he or she is reasonably available to employees and citizens needing assistance to translate from English to another language; or from another language to English when called upon to do so; 5 Jan 13, 2022 Pg. 31
3. Employee must possess the ability to: converse, read, write and translate in an understandable and appropriate.
GUIDELINES:
A. Any employee receiving bilingual Skills Differential Pay is expected to assist other non-bilingual employees in the translation of documents and assistance to/of the public. Assistance may be required for other departments or areas that extend beyond the employee's normal scope of responsibilities.
B. To assign a bilingual designation, the position must have public contact on a regular/frequent basis and must use bilingual skills at a minimum of 30% of available time.
C. Employee must clearly and reasonably demonstrate bilingual skills to the satisfaction of the City's translation skills evaluator prior to Department Director of Supervisor's submission of Bilingual Skills Differential Pay Form to the Administrative Analyst. Analyst shall submit Bilingual Skills Differential Pay Form and related information to the City Manager for final determination.
D. An employee receiving Bilingual Skills Differential Pay who declines reasonable assistance to provide non-bilingual employees or assistance to the public may have their Bilingual Skills Differential Pay revoked upon recommendation by the Administrative Analyst to the City Manager who shall have final authority.
E. Each depaiiment is responsible for re-evaluating the need for bilingual skills on a periodic basis. Any changes shall be recommended to the Administrative Analyst.
F. Bilingual Skills Differential Pay shall be discontinued if the employee no longer provides bilingual translation.
G. No additional compensation for translation in multiple languages. 6 Jan 13, 2022 Pg. 32
Appendix D
RESOLUTION NO. 2016-39
A RESOL TION OF THE CITY COUNCIL OF THE CITY OF A VENAL APPROVING AN AMENDMENT TO THE CITY'S "ADMINISTRATIVE POLICIES AND PROCEDURES" BY ADDING SECTION 32 IN ORDER TO ESTABLISH AN EMPLOYEE "LONGEVITY BONUS" POLICY FOR YEARS OF UNINTERRUPTED SERVICE TO THE CITY AS OF JULY 1, 2016.
WHEREAS, the City of A venal Administrative Policies and Procedures have been amended from time to time to reflect needed changes, updates or additions; and WHEREAS, the A venal City Council desires to add Section 32 to the current Administrative Policies and Procedures in order to establish an Employee "Longevity Bonus" Policy for years of uninterrupted service to the City of A venal.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avenal does hereby approve the following effective July 1, 2016:
1) All current "regular full-time employees" shall reveive a "one-time" accumulative Longevity Bonus in acknowledgement of years served to-date at the rate of $250 for each year of service as approved in the City of A venal in the FY 2016/17 Budget; thereafter, current employees shall receive Longevity Bonus as described in "Attachment A"; 2) All "regular full-time employees" hired on or after July 1, 2016 shall receive Longevity Bonus as described in "Attachment B".
PASSED AND ADOPTED by the City Council of the City of Avenal on the 23rd day of June 2016 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
PRECIADO, OVALLE, GRA YELLE, CASIDA.
NONE.
NONE.
WOOLLEY.
BY:
-----------
Harlin G. Casida, MAYOR
Maria A. Ortiz, CITY CLERK
7 Jan 13, 2022 Pg. 33
35 30
25 20
15 10
7 5
2 ''ATTACHMENT A''
Longevity Bonus Policy
(Current) Regular Full-time Employees
(Hired Prior to July 1, 2016)
With "Uninterrupted Service"
2 years $500
5 years $1,250
7 years $1,750
10 years $2,500
15 years $3,750
20 years $5,000
25 years $6,250
30 years $7,500
35 years $8,750
ATTACHMENT A- One Time Incentive
($250 for each year of service) for current employees
$37,250.00 =500+1250+1750+2500+3750+5000+6250+7500+8750 $28,500.00 =500+1250+1750+2500+3750+5000+6250+7500
$21,000.00 =500+1250+1750+2500+3750+5000+6250
$14,750.00 =500+1250+1750+2500+3750+5000
$9,750.00 =500+1250+1750+2500+3750
$6,000.00 =500+1250+1750+2500
$3,500.00 =500+1250+1750
$1,750.00 = 500+1250
$500.00 =500
8 Jan 13, 2022 Pg. 34
"ATTACHMENT B"
Longevity Bonus Policy
Regular Full-time Employees (hired on or after July 1, 2016) With "Uninterrupted Service"
1 year $250
2 years $500 3 years $750 4 years $1,000 5 years $1,250 6 years $1,500 7 years $1,750 8 years $2,000 9 years $2,250
10 years $2,500
Longevity Bonus ceases after ten (10) years of service. The following ten (10) years of service the employee earns Retiree Health Benefits 9 Jan 13, 2022 Pg. 35
Appendix E
EMPLOYEE INSURANCE
City of A venal
Administrative Policies and Procedures
Section 28. Fringe Benefits. The Following fringe benefits accrue to each employee when hired in a full-time or permanent part-time position. These benefits are subject to modification upon the determination of the City Manager, City Counsel or other governing body. 1) Health Insurance
a) Employee Coverage: City pays 100%
b) Family Coverage: City pays $230.00 per month maximum 2) Dental Insurance
a) Employee Coverage: City pays 100%
b) Family Coverage: City pays $70.00 per month maximum
3) Vision Insurance
a) Employee/Family Coverage: City pays 100%
10 Jan 13, 2022 Pg. 36
City of A venal
Appendix F
MEYERS-GEDDES STATE EMPLOYEES
MEDICAL AND HOSPITAL CARE ACT
Policies Resolution No. 80-2
Adopted January 10th, 1980
At a regular meeting of the City Council of the City of A venal duly called and held on January 10, 1980 at 7:00 p.m. of said day, it was moved by Councilman Casida , seconded by Councilman Messer , and duly carried that the following Resolution be adopted:
WHEREAS, Government Code Section 22850 provides the benefits of the Meyers-Geddes State Employees' Medical and Hospital Car Act to employees of local agenices contracting with the Public Employees' Retirements System on proper application by a local agency; and WHEREAS, Section 22925.6 of the Act provides that a local contracting agency shall fix the amount of the employer's contribution, and
WHEREAS, The Public Agency desires to obtain for its employees the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; and WHEREAS, The City of Avenal, hereinafter referred to as Public Agency, is a local agency contracting with the Public Employees' Retirement System; NOW THEREFORE, BE IT RESOLVED, that the Public Agency elect, and it does hereby elect, to be subject to the provisions of the Act; and be it further RESOLVED, that the employer's contribution for each employee or annuitant shall be the amount necessary to pay the full cost of an employees enrollment in a health benefits plan or plans; and be it further
RESOLVED, that the executive body appoint and direct, and it does hereby appoint and direct, Richard 0. James to file with the Board of Administration of the Public Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of said Public Agency all functions required of it under the Act and Regulations of the Board of Administration; and be it further
RESOLVED, That coverage under the Act to be effective on January 10, 1980.
Passed and adopted at a regular meeting of the City Council of the City of Avenal held on the 10th day of January, 1980 by the following vote:
11 Jan 13, 2022 Pg. 37
AYES
NOES:
ABSENT:
ATTEST:
Councilmen: Casida
Castlemen Green
Messer Funk
None None
Approved: ________ _
T.A. Funk, Mayor
-----------
E. Jane Strong, City Clerk
STATE OF CALIFORNIA)
COUNTY OF KINGS ) CITY OF A VENAL )
I, E. Jane Strong, City Clerk for the city of A venal do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Avenal duly called and held on January 10, 1980.
DATED: JANUARY 11, 1980
E. Jane Strong, City Clerk
12 Jan 13, 2022 Pg. 38
RESOLUTION NO. 2016 - 38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL MODIFYING/ AMENDING RESOLUTION NO. 80-2 RELATING TO CITY EMPLOYEE RETIREE HEALTH BENEFITS.
WHERAS, the City of A venal Administration Policies and Procedures have been amended from time to time to reflect needed changes or updatea; and
WHERAS, the Avenal City Council desires to modify and amend Resolution No. 80-2 as it relates to City Employee Retiree Health Benefits; and
WHERAS, it is important for clarification that the Retire Health Benefit is eligible only to "regular full-time employees" retiring from service at the City of Avenal; and WHERAS, it is in the best interest of the City to modify/amend Resolution 80-2.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avenal does hereby modify/amend Resolution 80-2 as follows:
1) All current "regular full-time employees" shall retain the City Employee Retiree Health Benefit of 100% coverage for employee and dependents at the time of retirement from the City of A venal as per Resolution No. 80-2;
2) All "regular full-time employees" hired on or after July 1, 2016 shall receive the City Employee Retiree Health Benefit as modified/amended for employee and dependent coverage at the time of retirement fro the City asper "Attachment A" PASSED AND ADOPTED by the City Council of the City of Avenal on the 23rd day of June 2016 by the following roll call vote:
A YES: GRA YELLE, OVALLE, PRECIADO, CASIDA.
NOES: NONE.
ABSTAIN: NONE. ABSENT: WOOLLEY.
BY:
-----------
Harlin G. Casida, Mayor
ATTEST: Maria A. O1iiz, City Clerk
13 Jan 13, 2022 Pg. 39
"ATTACHMENT A"
RETIREE HEAL TH BENEFIT
REGULAR FULL-TIME EMPLOYEES
(Hired on or after July 1, 2016)
Years of Service Percentage of
Premium Paid
10 50%
11 55% 12 60% 13 65% 14 70% 15 75%
16 80% 17 85% 18 90%
19 95%
20 100%
14 Jan 13, 2022 Pg. 40
Appendix G
PAID HOLIDAYS
City of Avenal
Administrative Policies and Procedures Amended and adopted February 9th, 2012 Section 13. Paid Holidays. Holidays are based on an (8) hour day. The following holidays are recognized as municipal holidays for pay purposes and all regular and probationary employees shall have these days off.
1) New Year's Day January 1
2) Martin Luther King Day 3rd Monday in January 3) Presidents Day 3rd Monday in February 4) Good Friday As per annual calendar
5) Cesar Chavez Day March 31 6) Memorial Day Last Monday in May 7) Independence Day July 4
8) Labor Day 1st Monday in September
9) Veterans' Day November 11
10) Thanksgiving Day 4th Thursday in November 11) Friday after Thanksgiving Day 12) Christmas Eve December 24 13) Christmas Day December 25 14) Employee Personal Day
When a Holiday falls on a Saturday, the previous Friday will be observed as the holiday. When a holiday falls on Sunday, the following Monday will be deemed to be the holiday in lieu of the day named.
All sworn personnel shall observe the holiday on the actual calendar day in which the holiday falls.
15 Jan 13, 2022 Pg. 41
Appendix H
VACATION LEA VE
City of A venal
Administrative Policies and Procedures
Amended and adopted February 9th, 2012
Section 15. Vacation Leave. The purpose of annual vacation leave is to enable each eligible employee to return to his/her work mentally refreshed. For this reason, it is the intention of the City that vacation is taken, insofar as possible, in periods of one week or more.
A. Eligibilty. Regular employees (full-time and permanent part-time) and promotional probationary employees shall be eligible to accrue and use vacation leave in conformity with the provisions set forth in this section. Original probationary employees shall not be eligible to use vacation leave until probationary standards are met.
B. Accrual. Vacation will be accrued and credited on a monthly basis when an employee is in a pay status for 50% or more of the work days or shifts in a given month. Each employee shall accrue vacation at the following rates for continuous service performed in pay status or as per hiring agreement:
Regular Full-Time Employees
Years of Service Days of Vacation Monthly Accrual Maximum Accrual per Year
0 to 5 years 10 6.67 hours 160 hours
6 years 11 7.34 hours 176 hours
7 years 12 8.01 hours 192 hours
8 years 13 8.68 hours 208 hours
9 years 14 9.35 hours 224 hours
10 years 15 10.02 hours 240 hours
11 years 16 10.69 hours 256 hours
12 years 17 11.36 hours 272 hours
13 years 18 12.03 hours 288 hours
14 years 19 12.70 hours 304 hours
15 years 20 13.37 hours 320 hours
16 Jan 13, 2022 Pg. 42
Regular Permanent Part-Time Employees:
Years of Service Days of Vacation Monthly Accrual Maximum Accrual per Year
0 to 5 years 40 3.34 hours 80 hours
6 years 44 3.68 hours 88 hours
7 years 48 4.02 hours 96 hours
8 years 52 4.36 hours 104 hours
9 years 57 4.70 hours 114 hours
10 years 61 5.04 hours 122 hours 11 years 65 5.38 hours 130 hours 12 years 69 5.72 hours 138 hours 13 years 73 6.06 hours 146 hours 14 years 78 6.40 hours 156 hours
15 years 80 6.67 hours 160 hours
Vacation accruals can be carried from year to year as long as the employee does not allow the accrued leave balance to exceed twice his/her accrual rate. If the vacation accruals reach the maximum level, no additional vacation time will be accrued until such time the level falls below the maximum, unless an employee can demonstrate that he or she made a reasonable attempt to use accrued vacation prior to reaching the applicable cap, and was umeasonably denied time off by the City, in which case the employee shall be granted an additional three months to use said vacation, and shall continue to accrue vacation after the additional three months, the City shall pay the employee a cash amount equal to the value of all accrued vacation hours that exceed the cap, and shall continue to pay until the employee is able to use sufficient vacation hours to bring his or her balance under the cap. Upon separation, employees will be paid for their accrued vacation time.
C. Use. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time shall be determined by his/her Department Head, with particular regard for the need of the City, but also insofar as possible, considering the wishes of the employee. Vacations for employees shall be allocated on the basis of seniority and in the event of two or more employees having equal seniority, first preference shall be given to the date and time of receipt of the vacation request. All employees shall use the form provided by the City for requesting vacations. Full-time employees shall complete 1040 regular hours of continuous service before using accrued vacation leave. Permanent part-time employees shall complete 520 hours of continuous service before using accrued vacation leave. The calculation of hours includes only regular hours as distinguished from overtime hours. 17 Jan 13, 2022 Pg. 43
D. Double Compensation. Employees cannot sell back vacation time unless authorized by the City Manager.
E. Holidays Falling During Vacation. In the event a City holiday falls within an employee's vacation period, which would have excused the employee for work and for which no other compensation is made, said holiday shall not be charged as a vacation day.
F. Vacation at Termination. Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination. Full-time employees who terminate employment with the City and who have less than I 040 regular hours of continuous service, shall not be compensated for accrued vacation. Permanent paii-time employees who terminate employment with the City and who have less than 520 regular hours of continuous service, shall not be compensated for accrued vacation.
The calculation of hours includes only regular hours as distinguished from overtime hours.
G. Effect of Extended Military Leave. An employee who interrupts his/her municipal service because of extended military leave, shall be compensated for accrued vacation at the time the leave becomes effective.
18 Jan 13, 2022 Pg. 44
Appendix I
SICK LEAVE
City of A venal
Administrative Policies and Procedures
Amended and adopted February 9th, 2012
Section 14. Sick Leave. Sick leave shall not be considered as a privilege which an employee may use at his/her own discretion. Rather, sick leave shall be granted only upon the recommendation of the Depaiiment Head. Sick leave shall be allowed and used only in case of necessary and actual personal sickness or disability, medical or dental treatment, or in the case of emergency illness in the immediate family. Immediate family; as per defined under law (FMLA, CFRA, and PDL).
The City Manager may require employees on sick leave to remain off duty until released to full duty by his/her physician.
A. Eligibility. Regular employees (full-time and permanent part-time) and probationary employees shall be eligible to accrue and use sick time.
In order to receive compensation while absent on sick leave, the employee shall notify the head of his/her department during the first day he/she is absent. The employee may be required, at any time by the City Manager, to file a physician's ce1iificate or a personal affidavit stating the cause of the absence and attesting to the employee's ability to resume work. When an employee is absent due to illness or injury for more than three (3) work days a physician's ce1iificate or a personal affidavit may be required. Where the employee works in shifts, rather than standard eight hour days, a physician's ce1iificate or personal affidavit may be required when the employee is absent more than two (2) duty shifts.
B. Accrual. Sick leave shall be accrued monthly, beginning with the first month of employment, provided the employee has been in pay status for 50% or more of the first month or any month thereafter. Sick leave shall be accrued at the rate of eight (8) hours per month for all full-time City employees and at the rate of four ( 4) hours per month for all permanent part-time employees.
C. Deduction. All eligible City employees shall be charged sick leave at the rate of eight (8) hours sick leave for each full day absent. Unless exceptions are approved by the City Manager, absences less than a full day will be charged sick leave at the rate of one (1) 19 Jan 13, 2022 Pg. 45
hour sick leave for each hour absent. Sick leave shall be deducted in a minimum of onehalf hour increments D. Accumulation. Accrued sick leave may be accumulated without limit, subject to this policy and the Personnel System Rules.
E. Use/Family bereavement leave: Up to three (3) days sick leave may be granted to a regular employee by the head of his/her department in the event of death in the employee's family (as defined in Section 14: Sick Leave). Request for sick leave in excess of three (3) days for this purpose shall be subject to approval of the City Manager.
F.
Sick leave may be used as needed and approved, to the point of depletion at which time the employee will no longer receive pay for sick leave.
Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, with these exceptions:
1) An illness or injury occurring while on vacation leave may be covered by sick leave when such illness or injury causes the employee to be hospitalized.
2) Employees who are on vacation at the time of death in the immediate family shall be entitled to substitute sick leave for vacation time, consistent with the existing bereavement leave policy. The total period of absence from City employment (vacation and sick leave) shall not be extended beyond that time initially approved for vacation, without specific City approval. Unused vacation shall be retained by the affected employee in accordance with the existing vacation policy.
Depletion of Sick Leave Benefits. Upon depletion of sick leave for an iajury or illness and upon the recommendation of the employee's Department Head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to approval of the City Manager. If fmiher leave is granted, the employee must notify the City of his/her intent to return to work every thirty (30) days. If further leave is not granted, the employee's service with the City shall be considered terminated.
G. Forfeiture Upon Termination. Employees leaving the municipal service shall forfeit all accumulated sick leave. Employees hired prior to June 29, 1980 will be compensated for one-half of their sick leave accumulated up to June 29, 1980.
H. Retirement: The City's contract with the Public Employees Retirement System (PERS) enable employees to conve1i their unused sick leave toward retirement benefits. Under 20 Jan 13, 2022 Pg. 46
law currently as of the adoption of these Rules; the following is an example of sick leave conversion for PERS service credit at retirement.
750 hours sick leave/ 8 hours per day= 93.75 days of sick leave
93.75 days x .004 = .375 year of additional service credit 21 Jan 13, 2022 Pg. 47
Appendix J
LEA VE OF ABSENCE WITHOUT PAY
City of A venal
Administrative Policies and Procedures
Section 16. Leave of Absence Without Pay. Leave of absence without pay is granted in accordance with the Personnel System Rules. Leave of absence without pay may be granted in cases of emergency or where such absence would not be contrary in cases of emergency or where such absence would not be contrary to the best interest of the City. Such leave is not a right but a privilege. Employees on authorized leave of absence without pay may not extend such leave without express approval of the City Manager. No vacation or sick leave benefits shall be used for illness during such leave.
22 Jan 13, 2022 Pg. 48
Appendix K
ABSENCE WITHOUT LEA VE
City of A venal
Administrative Policies and Procedures
Section 17. Absence Without Leave. Absence without leave shall be considered to be without pay, and reduction in the employee's pay shall be made accordingly. Absence for three consecutive days without proper notice to the employee's immediate supervisor or depaiiment head shall constitute voluntary resignation. Such employee automatically waives all rights under the Personnel Ordinance and the Personnel System Rules. 23 Jan 13, 2022 Pg. 49
Appendix L
LEAVE OF ABSENCE FOR DEATH OUTSIDE IMMEDIATE FAMILY
City of A venal
Administrative Policies and Procedures
Section 18. Leave Of Absence for Death Outside Immediate Family. Leave without pay may be granted to a regular employee by his/her Depaiiment Head in the event of death to family member other than one of the immediate family. Such leave will be granted in accordance with Section 16 as it relates to the granting of leaves of absence without pay. For purposes of this section, immediate family shall mean the spouse, parent, child, step-child, brother, sister, fatherin-law, mother-in-law, brother-in-law, sister-in-law, or a close relative residing in the household of the employee.
24 Jan 13, 2022 Pg. 50
City of A venal
Appendix M
MILITARY LEA VE OF ABSENCE
Administrative Policies and Procedures
Section 19. Military Leave of Absence. State and other applicable laws shall govern the granting of military leaves of absence and the rights of employees returning from such absence.
Any employee entitled to military leave shall give the City an opportunity within the limits of military regulations to determine when such leave shall be taken. 25 Jan 13, 2022 Pg. 51
Appendix N
MATERNITY
City of A venal
Administrative Policies and Procedures
Section 20. Maternity. Leave of absence for maternity will be granted in accordance with prevailing laws, contract and administrative rules, and procedures established by the City Manager. 26 Jan 13, 2022 Pg. 52
City of A venal
Appendix 0
EMPLOYEE'S TIME OFF TO VOTE
Administrative Policies and Procedures
Section 21. Employee's Time Off To Vote. Time off with pay to vote in any general, direct primary, or presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code.
27 Jan 13, 2022 Pg. 53
Appendix P
JURY DUTY: LEA VE OF ABSENCE
City of A venal
Administrative Policies and Procedures
Section 22. Jury Duty: Leave of Absence. Every classified employee of the City who is called to required to serve as a trial juror, upon notification and appropriate notification submitted to his/her supervisor, shall be entitled to be absent for his/her duties with the City during the period of such service or while necessarily being present in court as a result of such call. The employee's normal pay shall be lowered by the amount of pay received for jury duty. 28 Jan 13, 2022 Pg. 54
City of A venal
Appendix Q
SUBPOENAS: LEA VE OF ABSENCE
Administrative Policies and Procedures
Section 23. Subpoenas: Leave of Absence. Regular employees who are subpoenaed to appear as witnesses in behalf of the State of California or any of its agencies may be granted leaves of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thiiiy (30) days from the termination of his/her service. Compensation for mileage or subsistence allowance shall mot be considered as a fee and shall be retained by the employee. 29 Jan 13, 2022 Pg. 55
Appendix R
LEAVE FOR ATTENDANCE AT INDUSTRIAL RELATIONS
DEPARTMENT HEARING OR RELATED PHYSICAL EXAMINATIONS
City of Avenal
Administrative Policies and Procedures
Section 24. Leave for Attendance at Industrial Relations Department Hearing or Related Physical Examinations. Employees who have been injured in the course and scope of their employment with the City and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the City Workers' Compensation Insurer or the Industrial Relations Department or to attend hearings of the Industrial Relations Department may be granted leave with pay for such absences in accordance with prevailing laws, contract and administrative rules, and procedures established by the City Manager 30 Jan 13, 2022 Pg. 56
City of A venal
Appendix S
PRE-APPROVAL OF LEA VE
Administrative Policies and Procedures
Section 25. Pre-Approval of Leave. In the absence of an emergency, employees must give a minimum of three (3) day's notice prior to taking any leave of absence, vacation time or prearranged sick leave. A Request for leave form must be completed by the employee and approved by the Depaiiment Head and the Personnel Director before any leave is taken. 31 Jan 13, 2022 Pg. 57
Appendix T
EDUCATION REIMBURSEMENT
City of Avenal
Administrative Policies and Procedures Manual:
Personnel Subject: Tuition Reimbursement
Educational Reimbursement Program Policy
POLICY
It is the policy of the City of Avenal to encourage excellence of performance, employee development, and the ability to promote at all levels by sharing the cost of educational, professional licensure, and certification programs. While the Educational Reimbursement Program addresses one aspect of this cost sharing, departments are encouraged to establish their own policies and/or guidelines to address reimbursement or payment of costs associated with obtaining professional licensure, certification, or educational opportunities that fall outside the scope of this program.
The City will reimburse educational costs which are directly related to the employee's occupational field with the City or are related to and part of a planned course of study being actively pursued for promotion within the City service. For this purpose, the City shall reimburse up to $1,500 annually (July 1 June 30) for the costs of tuition, registration, books and lab fee&:-Tuition reimbursement shall be up to $750 for working towards obtaining an Associates degree, and up to $1,500 for higher education (Bachelor's/Master's degrees etc.) per fiscal year (July 1 - June 30). Travel and parking are not covered expenses.
There shall be no obligation to the City to reschedule the normal work hours of eligible employees to facilitate their participation in the Educational Reimbursement Program. However the City should, to the best of their ability, accommodate reasonable participation.
ELIGIBILITY REQUIREMENTS
To be eligible for the program the employee must be a regular employee with the City of Avenal. A pro-rated amount will be calculated for regular part-time employees (i.e., a regular half-time employee could receive up to $750 annually).
Courses must be taken for credit; audited courses will not be reimbursed. Additionally, the employee must satisfactorily complete the course and receive a grade of "C" or better or a "pass" in a pass/fail grading.
ELIGIBLE COURSES
1. Eligible courses must have a reasonable potential to offer substantial benefit to the City.
2. Eligible courses must be directly related to the employee's occupational field with the City, or directly related to and part of a planned course of study being actively pursued for promotion and career development with the City.
3. Eligible courses must be presented by an accredited high school, college, university or other accredited institutions.
32 Jan 13, 2022 Pg. 58
INELIGIBLE COURSES
1. Courses taken to bring unsatisfactory job performance up to an acceptable level.
2. Courses that duplicate in-service training or other training the employee has already received.
3. Courses an employee is required, by the Department Head, to attend will be considered training and will not be reimbursed through the Educational Reimbursement Program.
4. Courses for which the employee receives reimbursement from any other sources.
CONTINUED SERVICE REQUIREMENT
An employee must continue in a regular position in the City service for one year from the date of completion of the course. Failure to continue in the City service, through resignation or discharge, will result in the forfeiture of any educational reimbursement payments received up to one year prior to separation. The maximum forfeiture amount would be equivalent to total reimbursement received within the previous 12 month period. In such situations, the employee agrees that the Finance Department is authorized to make a deduction from the employee's final payroll check for the appropriate amount of education reimbursement to be forfeited.
PROCEDURES
The employee shall submit a completed Educational Reimbursement Approval Application form to his/her Department Head for approval at least four weeks prior to the first class session. The Department Head will forward the form indicating approval or disapproval within five working days to the Director of Human Resources. The completed form indicating approval or disapproval from the Director of Human Resources will be returned to the employee within another five working days. Should an employee enroll in a course which starts in one fiscal year and ends in another, the educational reimbursement benefit will be counted for the fiscal year the employee began the course. When either the Department Head or the Director of Human Resources does not approve the course, an appeal may be made to the City Manager for a final decision.
Upon completion of the course, the employee shall submit a completed Request for Educational Reimbursement Payment form to the Department of Human Resources with the required documents in the form of a transcript or a grade card signed and dated by the instructor and receipts for registration, tuition, lab fees and books.
A copy of the request will be forwarded to the Finance Department. They will issue a check in the proper amount. A copy of the approved request and proof of completion will be filed in the employee's personnel file.
33 Jan 13, 2022 Pg. 59
Appendix U
City of A venal
Resolution No. 90-16
Personnel System Rules; Rule XI.
June 1990
LAYOFF
RULE XI. LAYOFF POLICY AND PROCEDURE
SEC. 1 Statement of Intent: Whenever, in the judgment of the City Council it becomes necessary to abolish any position of employment, the employee holding such position or employment may be laid off or demoted without disciplinary action and without right of appeal.
SEC. 2 Notification: Employees to be laid off shall be given, whenever possible, at least 14 calendar day's prior notice.
SEC. 3 Vacancy and Demotion: Except as otherwise provided, whenever there is a reduction in the workforce, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee who is the latest to be laid off in accordance with Section 6 is qualified. All persons so demoted shall have their names placed on the reemployment list.
SEC. 4 Employee Rights: An employee affected by layoff shall have the right to displace an employee in the same department who has less seniority in a lower class in the same class series or in a lower classification in which the affected employee once had permanent status. For the purpose of this section and Section 5, seniority included all periods of full-time service at or above the classification level where layoff is to occur.
SEC. 5 Seniority: In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Personnel Director within five (5) working days ofreceipt of notice of layoff.
Employees retreating to a lower of similar class shall be placed at a salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.
Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class or a class in the class series.
34 Jan 13, 2022 Pg. 60
SEC. 6 Employment Status: In each class of position, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular.
Temporary, provisional and probationary employees shall be laid off according to the needs of the service as determined by the appointment authority.
In cases where there are two or more permanent employees in the class from which the layoff is made, such employees shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least 30 days and no more than 12 months prior to layoff as follows:
First, all employees having ratings of "not fulfilling requirements of position;" Second, all employees having ratings of "requires improvement but is satisfactory;" Third, all employees having ratings of "competent-effectively performs the duty of his/her position;" Fourth, all employees having ratings of" above standard for his/her position.'' Employees within each category shall be laid off in inverse order of seniority in City service.
SEC. 7 Re-employment List: The names of persons laid off or demoted in accordance with these rules shall be entered upon a reemployment list. Lists from different departments or at different times for the same class of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or lower class of position before certification is made from an eligible list.
SEC. 8 Duration of Re-employment List: Names of persons laid off shall be carried on a reemployment list for one year, except that persons appointed to permanent positions of the same level as that which laid off, shall, upon such appointment, be dropped from the list. Persons who refuse reemployment shall be dropped from the list. Person's reemployment in a lower class, or on a temporary basis, shall be continued on the list for the higher position for the one year. 35 Jan 13, 2022 Pg. 61
Appendix V
TRAVEL AND EXPENSE
City of A venal
Travel and Expense Policy
Amended and adopted September, 2007
The purpose of this policy is to provide written guidelines covering employees, councilmember's and commissioners expenses for travel that will be paid for by the City of A venal. The City recognizes that attendance at meetings, conferences and other training provides excellent opportunities for training and professional development. The City encourages these activities, but as with other expenditures, they must be done in conformance with City policy and expenditures must be in line with budgeted amount.
The City Manager has overall responsibility for administration of this policy and ensuring that all travel is appropriate and within budgeted amounts. Each department head is also responsible for monitoring all activity within his/her department and seeing that it stays within the approved budget. Each employee shall exercise sound and reasonable judgment when traveling on City business. TRANSPORTATION Individuals requesting official travel should attempt to travel by means most economical to the City. All transpmiation options should be considered using economy fares. A City vehicle shall be used for any travel by a City Employee when a City vehicle is available. If an employee chooses to use his/her personal vehicle when a City vehicle is available there shall be no compensation. If a City vehicle is unavailable the employee shall receive from point of origination. Mileage shall be determined by the most direct route. Trips involving an advance travel allowance, where the city pays for the actual cost of gas purchased for said trip, an employee cannot claim mileage.
ADDED NOVEMBER 2011 This policy shall be given to all City Employees as a part of their initial orientation and will be maintained in the employee's personnel file. When a non-exempt employee is required to travel on an approved trip to other sites as a pmi of their job function or to attend work related meetings and or events, the employee must be paid compensation. The guidelines for compensation are set fmih as follows: A) Payment will be paid at the current minimum wage allowed by law. The employee will not receive his/her regular wages for such time as travel does not require any particular expertise or job skills used to calculate that employee's current rate of pay. 36 Jan 13, 2022 Pg. 62
B) Travel time is counted as work time and as such the employee will be paid overtime for required travel in excess of the employee's regular full time hours for a given period. This will be paid at the minimum wage noted in paragraph A above. C) Normal commute time to and from work will not be counted and shall be subtracted from any total travel time used to arrive at a required destination.
D) An employee shall be reimbursed for out-of-pocket travel expenses. E) The employee must keep accurate records of his or her travel time.
F) An employee will not be paid while he/she is free to use his/her time freely, such as on lunch breaks and in between required travel and other job related work. G) Required travel includes the following:
1) When an employee is required to travel to a distant work place. The employee's regular commute time to and from work will be subtracted from the total time used to arrive at the distant destination.
2) When an employee is required to travel from his or her regular workplace to another work site. 3) When an employee is required to attend a meeting or conference away from the employee's regular workplace.
4) Any other travel required by the City as part of the employee's job responsibilities that are outside of the employee's normal travel to and from work.
H) Travel time will not be paid for events that are not required nor approved by the employer, but which are attended at the election of the employee.
I) In the event that the City provides for transpo1iation to attend an offsite event, travel reimbursement will not be made to those who chose an alternate method of transportation.
LODGING
Amounts equivalent to the reasonable cost of accommodations for single occupancy at the hotel or motel in which the employee stays will be allowed. "Reasonable cost" shall be determined by taking into account such factors as prevailing lodging rates of the area, proximity of lodging to City business destinations and potential additional transportation requirements. 37 Jan 13, 2022 Pg. 63
An employee is expected to make reservations well in advance whenever possible and to take other actions to ensure that lodging is secured at moderate rates. Reimbursement for lodging shall be limited to the minimum number of nights required to conduct the assigned City business.
When traveling to City business an employee may arrive the night before, if he/she would otherwise have to leave before 6:00 a.m. on the day of the business activity. If City business ends by 5 :00 p.m. the employee is expected to return home on the last day of the meeting if it is held within a 250 mile radius of the City.
If an employee chooses to arrive earlier or stay later than the length of City business, the additional lodging and other expense s related to this decision are the individual's personal expenses. If an employee prefers to remain overnight as a guest of friends or relatives while traveling on behalf of the City, no amount may be claimed for lodging expense.
MEALS
Actual meal costs will be reimbursed as long as they are reasonable ( determined by the Depaiiment Head or City Manager) and receipts are submitted. Consideration will be given to location when determining whether expenditures are reasonable. The following is a guideline to be followed when considering reimbursement for meals: Breakfast - $12.00; Lunch - $14.00; Dinner - $25.00. The City will not reimburse any alcoholic beverages. Alcoholic beverages shall not be consumed during the course of a normal working day and/or when an employee is driving a City vehicle.
OTHER ALLOWABLE EXPENSES
In addition to registration, transpo1iation, lodging and meals, expenses for tips, necessary stationary and office supplies, parking fees, bridge or road tolls and telephone calls will be reimbursed.
ADVANCES
In case of need, a travel advance may be obtained to cover estimated lodging, travel and meals.
PER DIEM ALLOWANCE
When traveling and attending a conference requiring overnight travel, a per diem amount equal to the sum of the maximum meal allowances per day may be advanced as a per diem payment.
Attendees may use this advance for expenses without requirement of receipts. Meals provided as a part of the attendance shall be considered when determining the appropriate per diem amount. 38 Jan 13, 2022 Pg. 64
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. E
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 9, 2021
RE: Waive Second Reading and Adopt Ordinance 2021-02, implementing requirements for handling of organic waste and edible foods INFORMATION:
At the December 9, 2021, City Council introduced and waived the first reading of Ordinance 2021-02: implementing requirements for handling of organic waste and edible foods.
Additionally, City Council introduced and adopted urgency Ordinance 2021-03, putting into effect the same rules as Ordinance 2021-02, but on an urgency bases to meet the State’s January 1, 2022 deadline for SB1383 implementation.
Staff is bringing this item once again for a second reading and adoption. After waiving the second reading, the ordinance will go into effect in 30 days, or February 12, 2022; and by previously adopted resolution, urgency Ordinance 2021-03 will be repealed once 2021-02 goes into effect.
RECOMMENDATION:
By motion, waive the second reading of Ordinance 2021-02. Ordinance will go into effect in 30 days.
Staff published a summary five days before the second reading/waiver, and will publish the summary again within 15 days after enactment.
FISCAL IMPACT:
None.
Jan 13, 2022 Pg. 65
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
Adoption of Ordinance No. 2021-02
implementing requirements for handling of
organic waste and edible foods.
RESOLUTION 2022-_____
WHEREAS, the City Council of the City of Avenal (“City”) has considered the report(s) from City staff and all public comment(s), if any, on the need to enact an ordinance in accordance with California Senate Bill 1383 (“SB-1383”), the Short-lived Climate Pollutant Reduction Act of 2016;
WHEREAS, on or about December 9, 2021, the City Council enacted urgency Ordinance No. 2021-03, containing regulations for handling of organic waste and edible foods within the City of Avenal;
WHEREAS, the City Council has determined that it is necessary to protect the public health, welfare and safety of residents of the City, by enacting the provisions of the aforementioned urgency ordinance as continuing regulatory requirements for the handling of organic waste and edible foods;
WHEREAS, on December 9, 2021, the City Council also introduced and waived the first reading of non-urgency Ordinance No. 2021-02, which contains continuing regulatory requirements, substantially identical to those of Ordinance No. 2021-03, for the handling of organic waste and edible foods; and
WHEREAS, the City Council now desires to proceed with the process of enacting Ordinance No. 2021-02, by proceeding with a second reading/waiver of the same, and enactment of said ordinance.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON January ___, 2022, BY THE FOLLOWING VOTE:
AYES:
Jan 13, 2022 Pg. 66
NOES:
ABSTAIN:
ABSENT:
ATTEST:
HARLIN CASIDA, Mayor,
CITY OF AVENAL
MARIA ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true;
2. Waived the second reading of Ordinance 2021-02;
3. Enacted Ordinance No. 2021-02; and
4. Repealed urgency Ordinance No. 2021-03, effective as of the effective date of Ordinance No. 2021-02 enacted by this resolution.
* * * * * * * * * * * * * * * * * *
MD/20220110 - Avenal - Resolution Adopting Orangic Waste Ordinance No. 2021-02-v1.doc Jan 13, 2022 Pg. 67
ORDINANCE NO. _2021-02_____
AN ORDINANCE OF THE CITY OF AVENAL ENACTING
REGULATIONS FOR HANDLING OF ORGANIC WASTE
AND EDIBLE FOODS.
THE CITY COUNCIL OF THE CITY OF AVENAL DOES ORDAIN AS
FOLLOWS:
Section 1. PURPOSE. California Senate Bill 1383 (“SB-1383”), the Short-lived Climate Pollutant Reduction Act of 2016, requires local jurisdictions to enact and enforce an ordinance or enforceable mechanism to implement relevant regulatory provisions of SB-1383 and its implementing regulations. This ordinance is intended to help reduce food insecurity by requiring Commercial Edible Food Generators (defined below) to undertake arrangements which will maximize the recovery, for human consumption, of Edible Food (defined below) which would otherwise dispose of.
Section 2. FINDINGS. The City Council of the City of Avenal (“City”) hereby finds and declares the following:
(a) California Constitution Article 11, Section 7 authorizes the City of Avenal (“City”) to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and (b) It is in the best interest of the City to enact local regulations which will achieve compliance with State mandates aimed at to help reduce food insecurity.
Section 3. ADOPTION. The following provisions and requirements are enacted and applicable within the City of Avenal as the Mandatory Organic Waste Disposal Reduction Ordinance:
3.10 TITLE OF ORDINANCE
3.20 PURPOSE AND FINDINGS
3.30 DEFINITIONS
3.40 REQUIREMENTS FOR SINGLE-FAMILY GENERATORS
3.50 REQUIREMENTS FOR COMMERCIAL BUSINESSES
3.60 WAIVERS FOR GENERATORS
Jan 13, 2022 Pg. 68
3.70 REQUIREMENTS FOR COMEMRCIAL EDIBLE FOOD
GENERATORS
3.80 SELF-HAULER REQUIREMENTS
3.90 INSPECTIONS AND INVESTIGATIONS
3.100 ENFORCEMENT
3.10 TITLE OF ORDINANCE
This ordinance shall be known and may be referred to as the “Mandatory Organic Waste Disposal Reduction Ordinance”.
3.20 PURPOSE AND FINDINGS
(a) California Senate Bill 1383 (“SB-1383”), the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities, residential households, commercial businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
(b) SB-1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires local jurisdictions to enact and enforce an ordinance or enforceable mechanism to implement relevant regulatory provisions of SB-1383 and its implementing regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, which would otherwise be disposed, be recovered for human consumption.
3.30 DEFINITIONS
The following definitions apply within the Mandatory Organic Waste Disposal Reduction Ordinance:
(a) “Blue Container” has the same meaning as in 14 CCR § 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.
(b) “CalRecycle” means California's Department of Resources Recycling and Recovery.
(c) “California Code of Regulations” and “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
Jan 13, 2022 Pg. 69
(d) “Commercial Business” and “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR § 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
(e) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Sections
3.30(rrr) and 3.30(sss) of this ordinance or as otherwise defined in 14 CCR § 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR § 18982(a)(7). (f) “City” and “Jurisdiction” refers to the City of Avenal. (g) [Reserved.]
(h) [Reserved.]
(i) [Reserved.]
(j) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants.
(k) “C&D” means construction and demolition debris.
(l) [Reserved.]
(m) “Designee” means an entity which the City contracts with or otherwise expressly arranges to carry out any of the City’s responsibilities of this ordinance as authorized in 14 CCR § 18981.2. A Designee may be a government entity, a hauler, a private entity or a combination of those entities.
(n) “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR § 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food which does not meet the food safety Jan 13, 2022 Pg. 70
requirements of the California Retail Food Code.
(o) “Enforcement Action” means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (p) “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste which cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste which in the City’s, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with sections 41500 and 41802 of the California Public Resources Code.
(q) “Food Distributor” means a company which distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR § 18982(a)(22).
(r) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(s) “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).
(t) “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR § 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
Jan 13, 2022 Pg. 71
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).
If the definition in 14 CCR § 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR § 18982(a)(25) shall apply for purposes of this ordinance.
(u) “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR § 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR § 18982(a)(7).
(v) “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. (w) “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR § 18982(a)(27). (x) “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes. (y) “Food Waste” means Food Scraps and Food-Soiled Paper. (z) “Gray Container” has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.
(aa) “Gray Container Waste” means Solid Waste which is collected in Jan 13, 2022 Pg. 72
a Gray Container which is not acceptable for placement in a Blue or Green Container as part of a three-container collection service. (bb) “Green Container” has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
(cc) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area which is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).
(dd) “Green waste” means leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens, separated from other forms of solid waste.
(ee) [Reserved.]
(ff) “Inspection” means a site visit the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR § 18982(a)(35).
(gg) [Reserved.]
(hh) [Reserved.]
(ii) “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location which includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR § 18982(a)(38) differs from this definition, the definition in 14 CCR § 18982(a)(38) shall apply to this ordinance.
(jj) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For Jan 13, 2022 Pg. 73
purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control which includes more than one Large Venue which is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR § 18982(a)(39) differs from this definition, the definition in 14 CCR § 18982(a)(39) shall apply to this ordinance. (kk) “Local Education Agency” means a school district, charter school, or county office of education which is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR § 18982(a)(40).
(mm) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
(oo) “Non-Compostable Paper” includes but is not limited to paper coated in a plastic material which will not breakdown in the composting process, or as otherwise defined in 14 CCR § 18982(a)(41). (pp) [Reserved.]
(qq) [Reserved.]
(rr) “Notice of Violation” (“NOV”) means any notice indicating that a violation has occurred which includes a compliance date to avoid any action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.
(ss) “Organic Waste” includes Greenwaste and Food Waste (tt) “Organic Waste Generator” means a person or entity which is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR § 18982(a)(48).
(uu) [Reserved.]
Jan 13, 2022 Pg. 74
(vv) [Reserved.]
(ww) “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Blue Container which are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in the Green Container which are not identified as acceptable Source Separated Green Container Organic Waste for the City’s Green Container; (iii) discarded materials placed in the Gray Container which are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in the City’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
(xx) [Reserved.]
(yy) “Recovery” means any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49). (zz) "Recyclables" means those materials that by way of collecting, sorting, cleansing, treating, and reconstituting materials would otherwise become solid waste, and by processing can be returned to the economic main stream in the form of raw materials for new, reused, or reconstituted products. Recyclables include, but are not limited to, newsprint, mixed paper, aluminum, plastics, glass, metal, cardboard, chip board, junk mail, magazines, newspaper, books, computer paper, and the like. (aaa) [Reserved.]
(bbb) [Reserved.]
(ccc) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
(ddd) [Reserved.]
(eee) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR § 18982(a)(64).
(fff) “Route Review” means a visual Inspection of containers along a Jan 13, 2022 Pg. 75
Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR § 18982(a)(65).
(ggg) “SB-1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter
13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. (hhh) “SB-1383 Regulations” or “SB-1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants:
Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(iii) “Self-Hauler” means a person, who hauls Solid Waste, he or she has generated using the generator’s own equipment.
(jjj) [Reserved.]
(kkk) “Solid Waste” has the same meaning as defined in State Public Resources Code § 40191, which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as Jan 13, 2022 Pg. 76
defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(lll) “Source Separated” and “Source Separate” refers to the segregation, by the generator, of materials designated for separate collection under this ordinance for required recycling, processing, recovery or reuse.
(mmm) [Reserved.]
(nnn) [Reserved.]
(ooo) [Reserved.]
(ppp) “State” means the State of California.
(qqq) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71). (rrr) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator which is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR § 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR § 18982(a)(73) shall prevail and apply to this ordinance. (sss) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator which is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds.
Jan 13, 2022 Pg. 77
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR § 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR § 18982(a)(74) shall prevail and apply to this ordinance. (ttt) [Reserved.]
(uuu) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 189852(a)(76).
3.40 REQUIREMENTS FOR SINGLE-FAMILY GENERATORS
Every person owning or occupying a residence or commercial establishment must subscribe to solid waste, organic waste and segregated recyclable collection. The City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, each Single-Family generator shall adjust its service level for its collection services as requested by the City. The requirements for Source Separating Solid Waste are as follows:
(a) All residential and commercial generators of Solid Waste are required to source separate materials into appropriate Grey, Blue and Green containers.
(b) Generators shall place Source Separated Organic Waste, including Food Waste, in the Green Container; Segregated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container.
Generators must not place materials designated for the Gray Container into the Green Container or Blue Container.
(c) Generators must not place Prohibited Container Contaminants in any container. The City and its authorized recycling agent reserve the right to inspect containers to determine if Prohibited Container Contaminants are present and issue a warning or, with the written consent of appropriate City staff, assess penalties and fines for violation of this ordinance.
Jan 13, 2022 Pg. 78
3.50 REQUIREMENTS FOR COMMERCIAL BUSINESSES
Generators which are Commercial Businesses, including Multi-Family Residential Dwellings, must:
(a) Subscribe to the City’s three-container collection services. The City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses must adjust their service level for their collection services as requested by the City.
(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants and customers, consistent with the City’s Blue Container, Green Container and Gray Container collection service. (d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials which would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR § 18984.9(b), the containers provided by the business must have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, which do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels which include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted Jan 13, 2022 Pg. 79
and primary materials prohibited in the container. Pursuant 14 CCR § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR § 18984.9(b).
(f) To the extent practical through education, training, Inspection and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container and Gray Container collection service.
(g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).
(h) Annually provide information to employees, contractors, tenants and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
(i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.
(j) Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with this ordinance to confirm compliance with the requirements of this ordinance. (k) Accommodate and cooperate with the City’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator’s compliance with this ordinance.
(n) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR § 18984.9(c).
Jan 13, 2022 Pg. 80
(o) Commercial Businesses which are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements in this ordinance.
3.60 WAIVERS FOR GENERATORS
(a) De Minimus Waiver: City may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation establishing that the business generates below a certain threshold amount of Organic Waste material as described below. Commercial Businesses requesting a de minimis waiver must:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section (a)(2) below.
(2) Provide documentation that either:
(A) The Commercial Business’ total Solid Waste
collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than twenty (20) gallons per week per applicable container of the business’ total waste; or, (B) The Commercial Business’ total Solid Waste
collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than ten (10) gallons per week per applicable container of the business’ total waste. (3) Notify the City if circumstances change such that
Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every five (5) years, if the City has approved de minimis waiver.
(b) Physical Space Waiver: City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence Jan 13, 2022 Pg. 81
from its own staff, a hauler, licensed architect or licensed engineer demonstrating that the premises lack adequate available space for the collection containers necessary for compliance with the Organic Waste collection requirements of this ordinance. A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including
documentation from its hauler, licensed architect, or licensed engineer.
(3) Every five (5) years after the City has approved application for a physical space waiver, provide written verification to the City that it is still eligible for physical space waiver.
3.70 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD
GENERATORS
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section 3.70 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR § 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. (c) Commercial Edible Food Generators must comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food which would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
Jan 13, 2022 Pg. 82
(3) Do not intentionally spoil or allow to be spoiled Edible Food which is capable of being recovered by a Food Recovery
Organization or a Food Recovery Service.
(4) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4.
(5) Keep records which include all of the following information, or as otherwise specified in 14 CCR § 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b). (B) A copy of all contracts or written agreements
established under 14 CCR § 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of
the Food Recovery Service or Food Recovery
Organization.
(ii) The types of food which will be collected by or
self-hauled to the Food Recovery Service or Food
Recovery Organization.
(iii) The established frequency that food will be
collected or self-hauled.
(iv) The quantity of food, measured in pounds
recovered per month, collected or self-hauled to a
Food Recovery Service or Food Recovery
Organization for Food Recovery.
(d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with section 49580] to Chapter 9 of Part 27 Jan 13, 2022 Pg. 83
of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
3.80 SELF-HAULER REQUIREMENTS
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials which the City otherwise requires generators to separate for collection in the City’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2.
(c) Self-Haulers which are Commercial Businesses (including Multi-Family Residential Dwellings) must keep a record of the amount of Solid Waste delivered to each Solid Waste facility, operation, activity or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records must include all of the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity which does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but must keep a record of the entities that received the Organic Waste.
(d) Self-Haulers who are Commercial Businesses (including Multi-Family Self-Haulers) must provide information collected in Section
3.80(c) to the City if requested.
(e) A residential Organic Waste Generator which self-hauls Organic Waste is not required to record or report information in Section 3.80(c) and (d).
3.90 INSPECTIONS AND INVESTIGATIONS
(a) The City’s representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Jan 13, 2022 Pg. 84
generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.
This Section does not allow the City to enter the interior of a private residential property for Inspection without consent or court order under Civil Code §§ 1822.50 et seq.
(b) Regulated entity must provide or arrange for access during all Inspections (with the exception of residential property interiors) and must cooperate with the City or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment (optional); or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties. (c) Any records obtained by the City during its Inspections, Remote Monitoring and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code §§ 6250 et seq. or successor statutes.
(d) The City’s representatives, its designated entity and/or Designee are authorized to conduct any Inspections, Remote Monitoring or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(e) The City shall receive written complaints from persons regarding an entity which may potentially be in non-compliance with this ordinance, SB-1383 and its implementing regulations, including receipt of anonymous complaints.
3.100 ENFORCEMENT
(a) Each and all violations of this ordinance by any person, business, building or premises, other than those of the City and its employees, officers and agents in their official capacity, shall constitute a separate public nuisance and violation of this ordinance which shall constitute an infraction.
(b) No person shall obstruct, impede and/or otherwise interfere with any Jan 13, 2022 Pg. 85
employee, officer or agent of the City who is engaged in any form of enforcement of any provision of this ordinance.
(c) The owner of any business, building or premises in violation of any provision of this ordinance is guilty of an infraction and a public nuisance. (d) Unless otherwise expressly prohibited, each violation of this ordinance may be enforced by each and all lawful remedies available under the Chapter 2 of Title 1 of the Avenal Municipal Code and applicable State statute(s) and implementing regulations, including but not limited to civil fines and penalties, infraction citation, public nuisance abatement and civil injunction, as appropriate, and all available remedies shall be cumulative and not preclude other available remedies. Violation of this ordinance shall not constitute a misdemeanor.
Notice of Violation shall also be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property and/or to the party responsible for paying for the collection services, depending upon available information.
(e) [Reserved.]
(f) [Reserved.]
(g) Compliance Deadline Extension Considerations
The City may extend any compliance deadlines set forth in a Notice of Violation issued for a violation of this ordinance if it finds that there are extenuating circumstances beyond the control of the violator which make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other
government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR § 18996.2 due to those deficiencies.
(h) Appeals Process
The procedure for all appeals from a civil penalty assessed as a result of a Jan 13, 2022 Pg. 86
violation of this ordinance shall be governed by Chapter 4 of Title 1 of the Avenal Municipal Code, except that any longer periods expressly prescribed within this ordinance (or otherwise controlling constitutional provisions, statutes and their implementing regulations) shall govern over any conflicting period prescribed within Chapter 4 of Title 1. (i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, the City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
Section 4. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment] and 15061(b)(3) [there is no possibility the activity in question may have a significant effect on the environment]. In addition to the foregoing general exemptions, the City Council further finds that the ordinance is categorically exempt from review under CEQA under the Class 8 categorical exemption [regulatory activity to assure the protection of the environment]. The City Manager is hereby authorized and directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].
Section 5. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Avenal, or any official, employee or agent thereof.
Section 6. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, Jan 13, 2022 Pg. 87
nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 7. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Avenal hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 8. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Avenal Municipal Code as amended by this ordinance are substantially the same as provisions in the Avenal Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 9. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the passage hereof a certified copy of this full ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(a) and in three public locations within the City of Avenal, State of California, together with the names of the Council members voting for and against the same.
THE FOREGOING ORDINANCE was passed and adopted by the City Council of the City of Avenal, State of California, on January 13 , 2022 at a regular meeting of said Council duly and regularly convened on said day by the following vote:
Jan 13, 2022 Pg. 88
AYES:
NOES:
ABSTAIN:
ABSENT:
ALVARO PRECIADO, Mayor
CITY OF AVENAL
ATTEST:
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
Jan 13, 2022 Pg. 89
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. C
TO: The Honorable Mayor and City Council
FROM: Griselda Price, Director of Administrative Services DATE: January 13, 2022
RE: Consider Waiver of Portion of Required Years of Service for Retiree Health Benefit, Upon Completion of 15 Years of Uninterrupted Service to City (City Manager)
INFORMATION:
As part of their one-year performance evaluation, the City Manager requested in-lieu of a salary increase that the Council authorize a waiver of five (5) years of service from only the retiree health benefit schedule in ATTACHMENT B of Resolution 2016-39, upon his completion of fifteen (15) years of uninterrupted service to the City.
RECOMMENDATION:
Recommend by Resolution, approve the waiver.
FISCAL IMPACT:
None.
Jan 13, 2022 Pg. 90
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
Waiver of Portion of Required Years of
Service for Retiree Health Benefit, Upon
Completion of 15 Years of Uninterrupted
Service to City.
RESOLUTION 2022-_____
WHEREAS, the City Council of the City of Avenal (“City”) adopted Resolution 2016-39 on or about July 1, 2016, which among other things provides a schedule for retiree health benefit premiums to be paid by the City to incentivize longevity of City personnel for their uninterrupted service to the City;
WHEREAS, for the present City Manager only, and in lieu of consideration of any discretionary salary increase in connection with his one-year performance evaluation, the City Council desires to authorize a waiver of five (5) years of service from only the retiree health benefit schedule in ATTACHMENT B of Resolution 2016-39, upon his completion of fifteen (15) years of uninterrupted service to the City; and WHEREAS, it is the intent that under the foregoing waiver, upon becoming effective, the present City Manager would then qualify for the retiree health benefits available to City personnel who then have twenty (20) years of continuous service to the City.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON January ___, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
HARLIN CASIDA, Mayor,
CITY OF AVENAL
MARIA ORTIZ, City Clerk
CITY OF AVENAL
Jan 13, 2022 Pg. 91
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true;
2. Approved a waiver of five (5) years of service from only the retiree health benefit schedule in ATTACHMENT B of Resolution 2016-39 for the present City Manager, contingent and effective upon his completion of 15 years of uninterrupted service to the City;
3. Authorized the City Manager, City Clerk and relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
MD/20220109 - Avenal - Resolution Authorizing Waiver Credit for Retiree Health Ins Benefit-3.doc Jan 13, 2022 Pg. 92
Jan 13, 2022 Pg. 93
Jan 13, 2022 Pg. 94
Jan 13, 2022 Pg. 95
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 13, 2022
RE: Discussion of legislative needs to local/state elected official for 2022 INFORMATION:
Continuing the discussion from the December 9, 2021 City Council meeting, Staff is requesting direction from Council on legislative items of importance to discuss with Avenal’s elected officials.
Staff has already met with Senator Hurtado’s Chief of Staff, Elizabeth Hess, and Congressman David Valadao, last month. Now is a good time to discuss and plan ahead areas they may be able to help Avenal, so we can strategically work together with its elected officials.
Last year’s requests included:
• Funding for for the Cuttoff Road project, $5+ million • Funding assistance for fire contract services deficit, helping pay the 600k a year in total service.
• Funding for the Community Center project ($5 million requested, $2 million awarded by state – still awaiting Federal earmark news).
• Funding for a new well to increase water allocation by the canal.
Some ideas (in no particular order):
• Funding for transportation opportunities and EV Chargers. • Assistance in funding a new City Hall.
• Funding and program assistance for the Senior Program/Veterans Hall, either with meals or helping remodel the Vets Hall.
Infrastructure, water/waste water and roads.
RECOMMENDATION:
Direct staff on funding priorities to send to Avenal’s elected officials for 2022-2023.
Jan 13, 2022 Pg. 96
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: January 7, 2022
RE: Public Works Monthly Report December 2021
INFORMATION:
7300 CODE ENFORCEMENT:
Code Enforcement continues property abatements and addressing complaints. They are keeping up on any changes to COVID-19 rules and informing local businesses. They have also been cleaning alley’s, people leaving boxes and old furniture and junk.
SEE ATTACHED REPORT.
8100 PARKS & LANDSCAPE:
Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport Complex, the Ken Brown Public Safety Center and Elliott Park. All the playgrounds are being opened as weather allows. We are continuing to keep two (2) restrooms open at Rice Park. 9000 ANIMAL CONTROL DEPARTMENT:
Staff continues to maintain the Animal Shelter with animals rescued weekly. Staff continues to work with Corcoran and Animal Rescue using safe distancing practices.
REPORT WILL BE GIVEN NEXT MONTH.
13000 STREETS:
Staff maintains city streets, signs, flags, and banners. Staff continues working with the City Engineer on more street projects in town. We will continue to patch and crack seal as time and weather allows. 14100 WATER DISTRIBUTION:
Staff continues to work with the City Engineer for the 18” water transmission replacement. We repaired two (2) leaks on the 12” transmission line. Staff continues to maintain and repair the distribution system. 15000 WASTEWATER COLLECTIONS:
Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. There were seven (7) calls for sewer plugs only two (2) were on the cities side. Staff is continuing the enzyme treatment for grease.
18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:
Staff continues to maintain city-owned property, vehicles, and equipment. Staff continues monthly/quarterly reporting to SJVAPCD.
AGENDA ITEM NO. 7. A. – 1)
Jan 13, 2022 Pg. 97
Monthly Report
December 2021
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 18
Courtesy Verbal Abetments 21
Courtesy Door Hangers 25
Abetments Completed 51
Pending 13
Miscellaneous Complaints
Illegal Business/Expired License 00
Stop Work/No Permit 00
Illegal Occupancy 02
Illegal Venders 01
Complaints Received 06
*Phone 03
*Walk In 00
Miscellaneous Inspections 32
Miscellaneous Meetings 01
Recycling Control 01
Graffiti Control 09
Water Waste Control (verbal and/or citations) 02
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 02
Notes: Raul has completed his Code Enforcement 1, and his doing a good job on catching and noticing things. We are getting ready to start vehicle abatement now that he has completed his CLETS and CE 1. We also currently working with a couple businesses on getting them current on DSA parking. We also working on an alley way clean up as over the holidays some old furniture and boxes are in our alley ways.
Jan 13, 2022 Pg. 98
Jan 13, 2022 Pg. 99
Jan 13, 2022 Pg. 100
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 7. A-2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: January 10th, 2022
RE: Information Technology Monthly Report December 2021 CURRENT PROJECTS:
Internet Access: Staff is currently in communications with Spectrum regarding conducting a study to run broadband lines across to the Community Center and surrounding facilities. A brief discussion led to a potential construction cost of $20,000 cost on the City’s end. Staff attended a CHCD hosted webinar on Leveraging CDBG funding for Broadband. The webinar outlined numerous resources for both funding and information on establishing a local ISP should the City ever choose to commit to a project for the community in the future.
Phone System: Staff delays Ooma’s deployment until we have a solid 911 callout option in the event of an internet outage.
Emails: Microsoft continues to roll out backend changes to their Exchange Admin services with limited success to our migration needs.
Server: Silicon shortages continue to affect availability. Staff has been requesting weekly updates on the status of the final server with no ETA given. The temporary server is live and functioning from the storage side. Staff is working out share permissions to allow for our scanners to scan directly to our drive akin to our current setup as to not break workflow with a new learning curve for city staff. A policy will be written regarding storage usage and a security overview.
Clerk Software: On January 4th, Staff met with CivicClerk demonstrating user deployment and permissions. All relevant users are deployed for item additions at the time of reporting and councilmember accounts will be added shortly after. Final training is on January 21st. After staff becomes familiar with the software, the IT Staff will offer a demonstration for digital packet deployment using tablet computers.
Other:
-Staff provided a temporary hotspot for Animal Control after the internet lines shut down amidst a weather-related outage.
-Staff replaced a machine for the Community Development Assistant. -Staff continues to provide tech support across all facilities. -The Information Technology Department is now involved in the ISP sourcing and network mapping of the Community Center, detailing the needs of hardline wiring for the future office, implementing a mesh wi-fi setup across the facility, and planning for any other tech.
Jan 13, 2022 Pg. 101
1 Community Activities Department Report
January 13th, 2022
Completed
Day of the Family Trunk r’ Treat – 28 vendors. Sponsors Elliott Investments, Waste Connections and Clearway Energy
Día de los Muertos – Alter winner ________________. Support from Gloria Balderas, Sweet Moments, Annette Atilano, AHS Volunteers
Holiday Magic Celebration – Support from Avenal Rotary, AHS Volunteers, Fire Department, Gallery (Juan Carlos), Elliott Investment, Recreation Commissioner Rita Wallis and Family, Avenal Assembly of God, City Staff and Councilmembers. Special Thank you to our Secret Santa.
Pictures with Santa – Support from Rent -a-Toilet, AHS Volunteers, Big Lou’s Circle K, Harlin Casida, and Santa/Mrs. Claus
Holiday Home Decoration Contest – Winner the Diaz Family on 1st and Madera Street.
Honorable mention the Wallis Family – 1008 Whitney Street and Best Nativity Scene was the family at 201 W. Stanislaus Street
Christmas Tree Decorating Contest – Winner Avenal Assembly of God “Happy Birthday Jesus”.
Letter to Santa – Support Leticia Gamez, AHS Volunteers, Staff and Avenal Post Office. We responded to 247 letters.
Christmas Cheer to Senior Shut-Ins – Avenal Rotary. Staff went with Rotary to deliver bicycles that Waste Connection was unable to deliver.
Christmas Backpacks for the homeless. Support Kings United Way donated $1,000.00 in Walmart gift cards to purchase backpacks and necessities to go inside. Councilmen Gravelle provided his annual Christmas Eve dinner and assisted Councilmen Hernandez with distributing backpacks. Thank you, Councilmen Verdugo, for putting backpacks together.
Upcoming
Winter Flea Market – February 5th – 11:00 – 3:00 pm at Veteran’s Hall Dinner and Date Night – February 14th – 6:00 – 9:00 pm at Theater Ongoing
Community Garden – We have a $100,000 budget. City Staff is working on quotes for solar lighting (6 poles), restrooms, and gazabo as well as getting soil tested. Antony reported that Arthur had USA come out to verify we have no underground wires. Councilmen Gravelle will Jan 13, 2022 Pg. 102
2 get quotes and information for storage and will measure and layout the garden. Councilmen Hernandez and volunteers will lay out the irrigation system. Antony will get information on the Solar company that put up poles at the Bill Wooley Pocket Park. We will be working with ASP to get planter boxes built. Ron Moran will be getting quotes on materials needed.
Homeless Resources and Outreach – Support KPFP, Kings United Way, KCAO, Councilmen Hernandez, Code Enforcement, APD and City Manager.
Outreach/Assistance
County Organizations – Homeless Resources
UCCE, Health Department - Community Garden
Alvarado Group - Bicycles
Waste Connections – Bicycles
KCAO – Tax Services
Consulate – Immigration Services
Animal Shelter – Vaccination Clinic
APD – National Night Out
WHC – Camps/Clinics
Looking Ahead
Soccer Camps/Clinics – Miguel Solano
Football Camps/Clinics – Pop Warner/WHC
Dinner Theater – Coalinga High School
Facility Rentals/Usage
See Anna’s attached report
Jan 13, 2022 Pg. 103
CITY OF AVENAL RECREATION DEPARTMENT 1
Recreation Facilities Paid Rentals
2021
January No rentals
February No rentals
March No rentals
April 1 Sports Complex Rental
$60.00
May 1 Recreation Center Rental
$200.00
2 Rice Park 2 Sports Complex Pavilions
$240.00
June 1 Veterans Hall rental
$400.00
1 Sports Complex Rentals
$60.00
July 3 Recreation Center Rentals
$600.00
2 Veterans Hall Rentals
$1,600
August
3 Recreation Center Rentals
$690.00
1 Veterans Hall Rental
$450.00
2 Rice Park Pavilion Rentals
$120.00
1 theater Rental
$25.00
Jan 13, 2022 Pg. 104
CITY OF AVENAL RECREATION DEPARTMENT 2
Rec Center Information
No damage to the building has been done by any renters. On several occasions rental deposits were not fully reimbursed because renter either came in early to building or renter exceeded rental time.
TOTAL REVENUES
30 Rentals all year
$5,585.00
In acct 10.43169
September 1 Sports Complex & 1 Rice Park
$120.00
October 2 Recreation Center Rentals
$360.00
1 Veterans Hall Rental
$100.00
1 Rice Park
$60.00
November 1 Theater Rental
$100.00
December 2 Theater Rental
$300.00
1 Veterans Hall Rental
$100.00
Jan 13, 2022 Pg. 105
Recreation Facilities Non-Paid Rentals
2021
January
No rentals
February Veterans Hall – KCAO, every Saturday, Free Tax Program March
Veterans Hall – KCAO – every Saturday, Free Tax Program Veterans Hall- Rotary, OTD Planning
April
Veterans Hall – KCAO – Every Saturday, Free Tax Program Veterans Hall – County, Job Fair
Veterans Hall- Rotary, OTD Planning
May
Recreation Center – APD, Explores
June
Recreation Center- Consulate, Immigration services
Park – City Animal Clinic
July
Pavilion, UFW, Mask giveaway
Recreation Center- UFW, Services
August
Rice Park- APD, NNO
Tech Center – City/Self-Help
September
Tech Center – City/Self-Help
Theater- APD, MTG
Theater- Rotary- MTG-Pistachio Festival
Veterans Hall – Catholic Church
October
Tech Center – City/Self-Help
Tech Center- West Hills College
Theater- APD, MTG
Theater- Rotary- MTG-Pistachio Festival
Jan 13, 2022 Pg. 106
November
Tech Center – City/Self-Help
Tech Center- West Hills College
Veterans Hall - City
December
Tech Center – City/Self-Help
Veterans Hall – City
Recreation Center – APD
Jan 13, 2022 Pg. 107
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. A
7. B
Special
Presentations/Reports:
Avenal Landfill Quarterly
Report: George Anderson,
Site Manager
Jan 13, 2022 Pg. 108
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A
TO: The Honorable Mayor and City Council
FROM: Griselda Price, Director of Administrative Services DATE: January 13, 2022
RE: Consider Annual Review of Development Impact Fees (DIF), DIF Capital Improvement Plan, and Review of Funds and Balances for FY 2020/21 INFORMATION:
Pursuant to Government Code Section 66000, and as per City Ordinance No. 2006-02, it states that (except for the first year), no later than six (6) months following the end of each fiscal year, a report shall be prepared for the City. Council identifying the balance of Development Impact Fees in the various categories established, (CIP as established in 2006 Study), the facilities constructed and the facilities to be constructed. The annual report provides beginning and ending balances of each program, amount collected, interest earnings, transfers/disbursement information and any other relevant findings for each category.
As part of the annual reporting requirement, the City is required to make available certain information pertaining to the fees, plans for the use of fees, transfers or loans, etc. to the public prior to review by the City Council. Such information has been provided and was noticed and made available to the public within the timeline required. Said information is located at City Hall and available Monday- Friday during regular business hours.
At a noticed public hearing, the City Council shall review the report and the Development Impact Fees to determine whether the fee amounts continue to be reasonably related to the impact of development and whether the described public facilities (including vehicles and equipment) are still needed. Changes can also be considered during this time.
At this time, due to the pending audit, no purchases/changes, transfers or amendments were made during this reporting period. Note: for FY 2020-2021, no changes were made to the fee schedule for Development Impact Fees.
At this time, staff recommends, by Resolution, that the City Council consider making the following findings:
1. Development Impact Fees continue to be reasonably related to the impact of development; and
2. Described public facilities are still needed.
Jan 13, 2022 Pg. 109
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A
RECOMMENDATION:
1. Open Public Hearing
2. Discussion/Action: Adopt Resolution 2022-04
FISCAL IMPACT:
Required annual review and update of DIF.
Jan 13, 2022 Pg. 110
1 of 2
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF AVENAL
DECLARING, ACCEPTING AND
APPROVING THE ANNUAL REVIEW
AS REQUIRED PERTAINING TO
DEVELOPMENT IMPACT FEES,
UPDATED CAPITAL IMPROVEMENTS
PLAN AND FEE BALANCES, AND
FURTHER, MAKING THE FINDINGS
THAT THE FEE AMOUNTS CONTINUE
TO BE REASONABLY RELATED TO
THE IMPACT OF DEVELOPMENT AND
THE DESCRIBED PUBLIC FACILITIES
ARE STILL NEEDED.
RESOLUTION 2022-__04__
WHEREAS, due to the continued growth and associated growth impacts within the City, the City Council approved the undertaking of a Development Impact Fee Study which was drafted and completed in 2006; and
WHEREAS, Ordinance No. 2006-02 was adopted followed by the establishment of Development Impact Fees (DIF); and
WHEREAS, as per codes/regulations, except for the first year, a report shall be prepared for the City Council identifying the balance of the Development Impact Fees in the various categories established; review of the Capital Improvement Plan (CIP established in the Study); the facilities constructed and the facilities to be constructed; and
WHEREAS, at a noticed public hearing, the City Council shall review the report and fees to determine whether the fee amounts continue to be reasonably related to the impact of development and whether the described public facilities are still needed; and WHEREAS, as part of the annual reporting requirement, the City is required to make available certain information pertaining to the fees, plans for the use of fees, transfer or loans, etc., to the public; and
WHEREAS, the City Council must review the same information at its next regularly scheduled public meeting but not less than 15 days after the statements are made public.
UPON MOTION OF COUNCIL MEMBER ______ , SECONDED BY
COUNCIL MEMBER _______ , THE FOLLOWING WAS PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON JANUARY 13, 2022, BY THE FOLLOWING VOTE:
Jan 13, 2022 Pg. 111
2 of 2
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the foregoing recitals to be true, correct and incorporated herein;
2. The City has provided and made available to the public, the required information pertaining to Development Impact Fees, plans for the use of fees, transfer or loans, etc.
3. At a duly noticed public hearing held on January 13, 2022, the City Council reviewed the report identifying the balance of Development Impact Fees in the various categories established; the updated Capital Improvement Plan; the facilities constructed; the facilities to be constructed; (inter-fund transfer or loans made from the account or fund; and, amount of refunds or allocations (none at this time).
4. Ordered relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
BE IT FURTHER RESOLVED, after review of the report and considering comments made during the public hearing, the City Council of the City of Avenal does hereby make the following findings:
1. That the Development Impact Fees continue to be reasonably related to the impact of development; and
2. That the described public facilities are still needed. * * * * * * * * * * * * * * * * * *
20200916 - Avenal - Resolution Appointing City Attorney-v1.doc Jan 13, 2022 Pg. 112
Exhibit B
FY 20/21
Fee Schedule
Park Impact Fee
Housing
Unit Type Parkland
Community
Centers and
Recreational
Facilities
Park
Amenities
Park
Vehicles
And
Equipment
Impact
Fee
Study Total
Single
Family
$359.22 $892.14 $148.69 $25.09 $76.33 $1,501.47
MultiFamily
(per unit)
$288.17 $714.50 $119.75 $19.75 $60.54 $1,202.71
General Government Impact Fee
Single Family Residential $752.67 Per Housing Unit
Multi-Family Residential $602.66 Per Housing Unit
Commercial Shopping Center – 25,000
Square Feet or Less
$273.68 Per 1,000 Square Feet
Commercial Shopping Center – 25,001 to
50,000 Square Feet
$235.53 Per 1,000 Square Feet
Commercial Shopping Center – 50,001 to
100,000 Square Feet
$205.27 Per 1,000 Square Feet
Commercial Shopping Center -100,001 to
200,000 Square Feet
$183.60 Per 1,000 Square Feet
Commercial Shopping Center – 200,001 to
400,000 Square Feet
$164.48 Per 1,000 Square Feet
Office/Institutional 10,000 Square Feet or less $368.44 Per 1,000 Square Feet Office/Institutional 10,001 to 25,000 Square
Feet
$342.12 Per 1,000 Square Feet
Office/Institutional 25,001 to 50,000 Square
Feet
$317.00 Per 1,000 Square Feet
Office/Institutional 50,001 to 100,000 Square
Feet
$303.96 Per 1,000 Square Feet
Office/Institutional 100,001 to 200,000 Square
Feet
$297.38 Per 1,000 Square Feet
Business Park $260.56 Per 1,000 Square Feet
Light Industrial $190.80 Per 1,000 Square Feet
Warehousing $105.27 Per 1,000 Square Feet
Manufacturing $147.38 Per 1,000 Square Feet
Jan 13, 2022 Pg. 113
Department
Carry Over
Balance FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 Account
Balances
General Fund:
City Council:
Large Digital Sign $ 51,708.00 $ (51,708.00) $ (40,000.00) $ (40,000.00) General Svcs.
Software Upgrade/Main System $ 42,500.00 $ (42,500.00) $ - Recreation
Facilities Improvements $ (824.32)
& Equipment $ 106,582.04 $ (5,570.00) $ (6,650.00) $ 18,000.00 $ (20,000.00) $ (24,751.93) $ (2,256.50) $ 8,673.95 $ (5,855.34) $ (50,000.00)
Parks
Parks Improvements &
Restrooms $ 43,041.89 $ 50,000.00 $ (93,041.89) $ -
Animal Control
Equipment $ 11,300.00 $ 5,000.00 $ (16,300.00) $ -
Public Works/Shop
Vehicle Replacement Fund $ 77,610.35 $ (26,560.00) $ (33,315.00) $ (17,735.35) $ - Machinery $ 20,000.00 $ (20,000.00) $ -
Police Department
Vehicle Replacement Fund $ 50,000.00 $ (50,000.00) $ -
Enterprise Fund:
Water Treatment Department
Tank 4 Project $ 443,286.30 $ (443,286.30) $ -
Equipment $ - $ 48,000.00 $ 47,000.00 $ (38,988.66) $ (30,430.00) $ (60,787.02) $ (9,764.00) $ 8,030.32 $ (53,000.00) $ 66,000.00 $ 40,000.00
Wastewater Collection Department
Sewer Lines Infras: $ 9,500.00 $ 20,000.00 $ 20,000.00 $ (45,668.42) $ 3,831.58 Wastewater Treatment
Auger Monster $ 50,000.00 $ 12,000.00 $ (34,075.00) $ 12,000.00 $ (23,587.00) $ 18,338.00 $ 2,000.00
Clarifier $ 5,000.00 $ 5,000.00
Scum Mixer & Rail $ - $ 6,500.00 $ (6,500.00) $ 6,000.00 $ (6,000.00) $ - Rebuild Aerator $ 7,500.00 $ (5,280.00) $ 2,220.00
Interest $ - $ 340.28 $ 218.35 $ 1,260.72 $ 22.52 $ 3.77 $ 2.11 $ 1,847.75 Total: $ 835,528.58 $ (18,630.00) $ (454,826.30) $ - $ 220,851.62 $ (187,478.76) $ (364,231.44) $ (23,277.98) $ 6,093.85 $ 816,898.58 $ 362,072.28 $ 362,072.28 $ 582,923.90 $ 395,445.14 $ 31,213.70 $ 7,935.72 $ 7,939.49 $ 7,941.60 $ 7,941.60 $ 7,941.60 "EXHIBIT A"
As of June 6, 2019
City of Avenal
Capital Improvement Project
Fund 75
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
DEVELOPMENT IMPACT FEES
ANNUAL REPORT FOR FY 2019/20
AS PER GOVERNMENT CODE SECTION 66006
As per Government Code Section 66006, the City of Avenal is required once each year within 180 days of the close of the fiscal year, to make available to the public information relating to Development Impact Fees.
The following information is being provided by the City of Avenal regarding the Development Impact Fees collected and their use/activity from July 1, 2020 - June 30, 2021:
1. A copy of the Development Impact Fee schedule is attached.
2. A copy of the beginning and ending balances of the accounts/fund is attached.
3. A copy of the total amount of fees collected and interest earned is attached.
4. No Development Impact Fee funds were budgeted to complete any new public improvements or purchase of public vehicles/equipment during FY 2020/21.
Approximate date for improvements/purchases will depend on need and the sufficiency of funds each year. The Capital Improvement Plan for improvements/purchases is a five (5) year plan which was updated, supported and approved through December 2020.
5. No inter-fund transfers or loans were made from the accounts/fund during FY 2020/21.
6. No refunds or allocations were made during FY 2020/21 NOTICE/POSTED DATE: January 3, 2022
Jan 13, 2022 Pg. 114
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 13, 2022
RE: Consider Extending Local Emergency Declaration (COVID-19) INFORMATION:
On March 24, 2020, the Avenal City Council adopted Resolution No. 2020-14 declaring a Local Emergency due to the existence or threatened existence of a local emergency: COVID 19 pandemic.
The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists.
On October 28, 2021, the Avenal City Council adopted Resolution No. 2021-48 to satisfy AB 361 in order to continue Teleconferenced Meetings. AB 361 provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules
• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
At this time, staff is recommending the City Council consider the following action by motion:
Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled.
Additionally, that the Council find that a state of emergency continues to directly impact the ability of members to meet safely in person, and that State and local officials continue to impose or recommend social distancing measures.
RECOMMENDATION:
Discussion/Action.
FISCAL IMPACT:
None.
Jan 13, 2022 Pg. 115
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 13, 2022
RE: Consider Extending Local Emergency Declaration (Water) INFORMATION:
On May 27, 2021, the Avenal City Council adopted Resolution No. 2021-23 declaring a Local Emergency due to the existence or threatened existence of a local emergency: Severe Water Shortage.
The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists.
On July 20th, 2021, USBR informed City Staff that additional water for Public Health & Safety needs would be conditionally allocated, in the amount of 2,480 acre feet to the City of Avenal.
This amount equates to the City’s historic use for the past five years and should be adequate to meet the City’s needs for this water year – provided that conservation measures are still enforced. Given that this allocation is conditional and subject to change, staff will continue monitoring the situation in hopes that this new allocation is not reduced. As the season is changing to Fall, Staff has begun internal discussions on long-term changes to reduce the City’s dependability on USBR water for future sustainability.
Staff is recommending the City Council consider the following action by motion:
Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled.
RECOMMENDATION:
Discussion/Action.
FISCAL IMPACT:
None.
Jan 13, 2022 Pg. 116
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A
TO: The Honorable Mayor and City Council
FROM: Griselda Price, Director of Administrative Services DATE: January 13, 2022
RE: Consider Approving the Recognized Obligation Payment Schedule 22-23 for July 2022 through June 2023
INFORMATION:
The ROPS consists of the obligations of the Successor Agency as of July 1, 2021 through June 30, 2022, and a projected debt obligation schedule.
The ROPS is identical to previous ROPS however it is for the entire fiscal year and the debt obligation has been updated for the fiscal 21/22 year. Staff has included: the Annual Continuing Disclosure Reports; Bond Administration Fees; Administration costs, and, debt obligation.
The ROPS is subject to approval by the Oversight Board. Once approved by the Oversight Board, copies of said resolution and ROPS will be sent to the County Auditor-Controller and the State Department of Finance for approval. The ROPS is due no later than February 1, 2022.
RECOMMENDATION:
By Resolution, adopt the Recognized Obligation Payment Schedule for July 1, 2022 - June 30, 2023.
Jan 13, 2022 Pg. 117
1 of 2
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF AVENAL
(SUCCESSOR AGENCY) APPROVING
A RECOGNIZED PAYMENT
SCHEDULE (ROPS) PURSUANT TO
AB X1 26, FOR JULY 2022 THROUGH
JUNE 2023
RESOLUTION 2022-
WHEREAS, the City Council of the City of Avenal elected to serve as the Successor Agency to the former Avenal Redevelopment Agency (“Successor Agency”) in accordance with the Dissolution Act (enacted by Assembly Bill (“AB”) x1 26, as amended by AB 1484 and Senate Bill (“SB”) 107, and codified in the California Health and Safety Code); and
WHEREAS, among the duties of successor agencies under the Dissolution Act is the preparation of a recognized obligation payment schedule (“ROPS”) for the ensuing six-month period for consideration by a local oversight board and California Department of Finance (“DOF”) for purposes of administering the wind-down of financial obligations of the former Redevelopment Agency; and WHEREAS, a ROPS 22-23 covering the twelve-month period from July 1, 2022 through June 30, 2023, attached hereto as Exhibit “A” has been prepared by staff and consultants consistent with the provisions of the Dissolution Act and in the format made available by DOF; and
WHEREAS, Pursuant to the timeline in ABX1 26 as revised by the Supreme Court's order, the ROPS for the period July 1, 2022 through June 30, 2023 must be submitted to the Department of Finance and the County Auditor no later than February 1, 2022; and
WHEREAS, the Successor Agency has reviewed the ROPS for period July 1, 2022 through June 30, 2023.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL SPECIAL MEETING HELD ON January 13, 2022, BY THE FOLLOWING VOTE:
Jan 13, 2022 Pg. 118
2 of 2
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Hereby:
1. Found the Recitals above are found to be true and correct.
2. Approve the Recognized Obligation Payment Schedule (ROPS) as attached hereto - "Attachment A."
3. The City Manager and City staff is hereby authorized and directed to post of copy of the ROPS 22-23 on the City’s website and transmit a copy to the Oversight Board for its approval and to all other agencies as required by the Dissolution Act. * * * * * * * * * * * * * * * * * *
Jan 13, 2022 Pg. 119
1/12/22, 12:28 PM RAD
https://esd.dof.ca.gov/rad/#/rops/annual/summary 1/1
Avenal
ROPS 2022-23 Annual
Requested Funding for Obligations 22-23A Total 22-23B Total ROPS Total A Obligations Funded as Follows (B+C+D) 306,325 30,250 336,575 B Bond Proceeds 306,325 30,250 336,575
C Reserve Balance 0 0 0
D Other Funds 0 0 0
E
Redevelopment Property Tax Trust Fund
(RPTTF) (F+G)
43,085 88,065 131,150
F RPTTF 0 6,000 6,000
G Administrative RPTTF 43,085 82,065 125,150
H Current Period Obligations (A+E) 349,410 118,315 467,725 Summary Detail Cash Balances Submission
1/12/22, 12:27 PM RAD
https://esd.dof.ca.gov/rad/#/rops/annual/detail 1/2
Avenal
ROPS 2022-23 Annual
Filter Export to Excel
Item # Obligation Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date Payee Description
Total
Outstanding
Obligation
Total
Requested
Funding Notes
1 2005 Revenue
Bonds
Revenue
Bonds
Issued On
or Before
12/31/10
09/01/2005 08/15/2026 US Bank Bonds issued to fund nonhousing project/curb, gutter & sidewalks
1,740,000 336,575
2 2005 Revenue
Bonds Admin
Fees
Fees 09/01/2005 08/15/2026 US Bank Admin. Bond Fees 14,000 3,500 4 Annual
Continuing
Disclosure
Report
Fees 01/01/2014 06/30/2026 NBS Local
Gov.
Solution
Annual Continuing
Disclosure Report
10,000 2,500
6 Administrative
Costs
Admin
Costs
01/01/2014 06/30/2026 Employees
of
Successor
Agency
Payroll cost/Employee 512,600 125,150
Summary Detail Cash Balances Submission
1/12/22, 12:27 PM RAD
https://esd.dof.ca.gov/rad/#/rops/annual/detail 2/2
Item # Obligation Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date Payee Description
Total
Outstanding
Obligation
Total
Requested
Funding Notes
9 APN #040-
103-009-000
Disposition in
error
Property
Dispositions
01/18/2018 08/14/2026 City of
Avenal Issue resolved January 2020.
- -
1/12/22, 12:28 PM RAD
https://esd.dof.ca.gov/rad/#/rops/annual/cash-balance 1/2 Avenal
ROPS 2022-23 Annual
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips.
Note: Cash Balances data is auto-saved.
July 1, 2019 through June 30, 2020
(Report Amounts in Whole Dollars)
A B C D E F G H
ROPS 19-20
Cash Balances
(07/01/19 -
06/30/20)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued on or before
12/31/10
Bonds issued on or after
01/01/11
Prior ROPS RPTTF and
Reserve Balances retained
for future period(s)
Rent,
Grants,
Interest, etc.
Non-Admin
and
Admin
1 Beginning
Available Cash
Balance (Actual
07/01/19)
RPTTF amount
should exclude
"A" period
distribution
amount
2 Revenue/Income
(Actual
06/30/20)
RPTTF amount
should tie to the
ROPS 19-20
total distribution
from the County
AuditorController
3 Expenditures for
ROPS 19-20
Enforceable
Obligations
(Actual
06/30/20)
4 Retention of
Available Cash
Balance (Actual
06/30/20)
RPTTF amount
retained should
only include the
amounts
distributed as
reserve for
future period(s)
5 ROPS 19-20
RPTTF Prior
Period
Adjustment
RPTTF amount
should tie to the
Agency's ROPS
19-20 PPA form
submitted to the
CAC
No entry required
Export to Excel
511,033
545,060 $307,485 ROPS
payment
$193,699-County
residual payment.
should have been
GF money.
$49,675- invoice
paid by county
586,900 $258349.64-
admin. cost
$328550.65- debt
obligation
297,675 August 2020
enforceable
obligation
Summary Detail Cash Balances Submission
1/12/22, 12:28 PM RAD
https://esd.dof.ca.gov/rad/#/rops/annual/cash-balance 2/2 6 Ending Actual $ 0 $ 0 $ 0 $ 0 $ 171,518
Available Cash
Balance
(06/30/20)
C to F = (1 + 2 - 3
- 4), G = (1 + 2 - 3
- 4 - 5)
nbsgov.com
Prepared by:
Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Continuing Disclosure Annual Report For:
$9,660,000 Avenal Public Financing Authority
2005 Refunding Revenue Bonds
Fiscal Year Ended June 30, 2021
NBS has relied upon information provided by sources which are believed to be reliable without independent verification; therefore, NBS expresses no opinion as to the completeness, accuracy or suitability of such information.
CITY OF AVENAL
$9,660,000
AVENAL PUBLIC FINANCING AUTHORITY
2005 REFUNDING REVENUE BONDS
DATED: SEPTEMBER 22, 2005
CUSIP NOS.(1)
MATURITY CUSIP
2021 053559 AT 7
2022 053559 AU 4
2025 053559 AX 8
2030 053559 AY 6
2036 053559 AZ 3
(1) CUSIP® is a registered trademark of the American Bankers Association. CUSIP Global Services (CGS) is managed on behalf of the American Bankers Association by S&P Global Market Intelligence. CUSIP® numbers are provided for convenience of reference only. This data is not intended to create a database and does not serve in any way as a substitute for the CGS database. None of the Underwriters, the Agency, Bond Counsel, Disclosure Counsel, Dissemination Agent, or the Municipal Advisors are responsible for the selection or correctness of the CUSIP® numbers set forth above.
NBS has relied upon information provided by sources which are believed to be reliable without independent verification; therefore, NBS expresses no opinion as to the completeness, accuracy or suitability of such information.
TABLE OF CONTENTS
1. INTRODUCTION .............................................................................................................. 1
2. CONTENT OF ANNUAL REPORT ....................................................................................... 2
2.1 Audited Financial Statements ................................................................................... 2
2.2 Avenal Water Enterprise Monthly Water Rates ....................................................... 2
2.3 Water Consumption .................................................................................................. 3
2.4 Active Water Service Connections ............................................................................ 3
2.5 Ten Largest Water Customers for 2020 Calendar Year ............................................. 3
2.6 Statement of Revenues, Expenditures and Changes in Net Assets .......................... 4
2.7 Avenal Redevelopment Project Area Assessed Valuation ........................................ 4
2.8 Avenal Redevelopment Project Area Pro Forma Pledged Tax Revenues ................. 4
2.9 Information Relating to the City’s Water Enterprise ................................................ 4
2.10 Information Relating to the Redevelopment Agency ............................................ 4
3. SIGNIFICANT EVENTS ...................................................................................................... 5
3.1 Reporting of Significant Events ................................................................................. 5
4. CONCLUDING STATEMENT .............................................................................................. 6 Continuing Disclosure Annual Report – Avenal PFA 2005 Refunding Revenue Bonds Fiscal Year Ended June 30, 2021 1
1. INTRODUCTION
The purpose of this report is to provide information to the Electronic Municipal Market Access (the “EMMA”) in order to comply with the provisions contained in the Continuing Disclosure Agreement (the “Disclosure Agreement”) executed and delivered by the City of Avenal (the “City”) and the Redevelopment Agency of the City of Avenal (the “Agency”) in connection with the issuance of $9,660,000 Avenal Public Financing Authority, 2005 Refunding Revenue Bonds (the “Bonds”). The Disclosure Agreement was executed and delivered by the City and the Agency for the benefit of the holders and beneficial owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c2-12(b)(5).
Continuing Disclosure Annual Report – Avenal PFA 2005 Refunding Revenue Bonds Fiscal Year Ended June 30, 2021 2
2. CONTENT OF ANNUAL REPORT
2.1 Audited Financial Statements
The audited financial statements of the City for the fiscal year ended June 30, 2021, will be filed with EMMA under separate cover.
2.2 Avenal Water Enterprise Monthly Water Rates
2.2.1 RESIDENTIAL
Service Codes Meter Size
Fiscal Year 2020/21
Base Rate
258 5/8 $25.77
200 1 64.44
202 1 ½ 128.87
201 2 206.20
2.2.2 MULTI-FAMILY
Service Codes Meter Size
Fiscal Year 2020/21
Base Rate
206 5/8 - 2 units $51.54
207 5/8 - 3 units 77.31
208 5/8 - 4 units 103.08
215 5/8 - 40 units 1,030.80
233 5/8 mf 150 3,865.50
234 5/8 mf 81 2,087.37
235 5/8 mf 19 489.63
2.2.3 COMMERCIAL
Service Codes Meter Size
Fiscal Year 2020/21
Base Rate
231 5/8 Comm. $25.77
209 1 Comm. 64.44
226 1 ½ Comm. 128.87
203/227 2 Comm. 206.20
204 3 Comm. 412.41
205 4 Comm. 644.38
270 6 Comm. 1,288.78
210 8 Comm. 2,062.03
224/225 10 Industry 3,093.06
260 Hydrant 206.20
299 Landscape/2 206.20
Fiscal Year 2020/21 Consumption Rate (1)
$1.98 per hundred cubic feet of consumption
(1) Applies to all user classifications
Continuing Disclosure Annual Report – Avenal PFA 2005 Refunding Revenue Bonds Fiscal Year Ended June 30, 2021 3
2.3 Water Consumption
The following table sets forth water consumption (in hundreds of cubic feet) for the City’s Water Enterprise by major categories for the past five calendar years:
Type 2016 2017 2018 2019 2020
Residential 324,640 343,959 353,646 358,159 387,474
Commercial/Institutional 134,654 148,571 161,639 129,172 137,758 Industrial 305,953 330,024 365,588 361,914 406,693
Landscaping 17,659 19,453 19,924 23,915 21,739
Total 782,906 842,007 900,797 873,160 953,664
2.4 Active Water Service Connections
The following table presents the number of active water service connections operated by the City’s Water Enterprise during the past five calendar years:
Type 2016 2017 2018 2019 2020
Residential 1,819 1,770 1,776 1,852 1,863
Commercial/Institutional 135 131 130 135 135
Industrial (1) 3 2 2 2 2
Landscaping 21 21 21 21 21
Total 1,978 1,924 1,929 2,010 2,021
(1) Includes Avenal State Prison
2.5 Ten Largest Water Customers for 2020 Calendar Year
The ten largest water customers of the City’s Water Enterprise for the 2020 calendar year were as follows:
Name Business
Meter Size
(in inches)
Annual
Water
Usage (1) Revenue
Dept. of Corrections Prison 10” 396,693 $1,383,209.54
West View Apartments Apartments 5/8” 29,937 104,971.34
El Palmar Apartments Apartments 5/8” & 6” 17,168 71,726.61 Villa Esperanza Apartments Apartments 5/8” 6” 14,804 69,159.98 Avenal High School School 4” 28,284 63,292.06
Hearth Stone Apartments Apartments 5/8” 11,645 62,975.84 Hewitson Commercial 4” 16,478 39,882.46
Avenal Elementary School School 2” 12,343 29,154.06
Avenal Middle School School 6” 5,272 25,675.30
California Department of Transportation Rest Area 4” 8,761 24,916.16 Total 541,385 $1,874,963.35
(1) In hundreds of cubic feet.
Continuing Disclosure Annual Report – Avenal PFA 2005 Refunding Revenue Bonds Fiscal Year Ended June 30, 2021 4
2.6 Statement of Revenues, Expenditures and Changes in Net Assets Refer to the audited financial statements of the City for the fiscal year ended June 30, 2021, for information relating to the City’s Water Enterprise Fund, including revenues, expenditures, and changes in fund net assets.
2.7 Avenal Redevelopment Project Area Assessed Valuation The Redevelopment Agency of the City of Avenal has been dissolved.
2.8 Avenal Redevelopment Project Area Pro Forma Pledged Tax Revenues The Redevelopment Agency of the City of Avenal has been dissolved.
2.9 Information Relating to the City’s Water Enterprise The following information relates to the City’s Water Enterprise for the fiscal year ended June 30, 2021:
The rate of Water Enterprise revenues collections was 25.00%. The rate of Water Enterprise delinquencies was 0.20%. The ratio of Water Enterprise revenues to the total debt service to be paid from such revenues was
8.21:1.
There have been no notices of violations of the regulations of the Environmental Protection Agency. There is no litigation pending relating to the Water Enterprise. There have been no transfers of amounts from the Water Enterprise Fund to other funds of the City.
2.10 Information Relating to the Redevelopment Agency
The Redevelopment Agency of the City of Avenal has been dissolved.
Continuing Disclosure Annual Report – Avenal PFA 2005 Refunding Revenue Bonds Fiscal Year Ended June 30, 2021 5
3. SIGNIFICANT EVENTS
3.1 Reporting of Significant Events
The City shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material:
1. Principal and interest payment delinquencies.
2. Non-payment related defaults.
3. Unscheduled draws on debt service reserves reflecting financial difficulties.
4. Unscheduled draws on credit enhancements reflecting financial difficulties.
5. Substitution of credit or liquidity providers, or their failure to perform.
6. Adverse tax opinions or events adversely affecting the tax-exempt status of the security.
7. Modifications to rights of security holders.
8. Bond calls.
9. Defeasances.
10. Release, substitution, or sale of property securing repayment of the securities.
11. Rating changes.
Continuing Disclosure Annual Report – Avenal PFA 2005 Refunding Revenue Bonds Fiscal Year Ended June 30, 2021 6
4.CONCLUDING STATEMENT
This Continuing Disclosure Annual Report was prepared on behalf of the City in accordance with the Disclosure Agreement, in order to provide required information to the marketplace as provided for under S.E.C. Rule 15c2-12(b)(5). Such required information may include, but not be limited to, annual financial information, certain operating information, and disclosures concerning specific events.
NBS has relied upon information provided by sources which are believed to be reliable without independent verification. The reader understands and agrees that NBS is entitled to rely on all information and documents supplied to NBS by the City or any of its agents or contractors and other government sources or proxies thereof as being accurate and correct and NBS will have no obligation to confirm that such information and documentation is correct and that NBS will have no liability if such information is not correct.
The information contained within this report has been reviewed, approved, and authorized for dissemination via the EMMA by the City.
City of Avenal
_____________________________
Griselda Price
Interim Director of Administrative Services