CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
FEBRUARY 24, 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: 2022-11
(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: 2.
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.
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. Consider City of Avenal/Successor Agency’s Approval of Minutes for February 10, 2022.
B. Consideration to Approve Resolution Which Authorizes Police Chief to Sign a Memorandum of Understanding (M.O.U.) with Flock Group, Inc. for Data Sharing: Resolution 2022-12.
C. Consider Approving Amended Job Description for Employment Position - Police Captain - within the Avenal Police Department: Resolution 2022-13.
D. Consider a Resolution of the City Council of the City of Avenal Adopting/Approving Amendment #1 to Memorandum of Understanding (MOU) 2021-2024 with the Avenal Police Officer’s Association (APOA): Resolution 2022-14.
Feb 24, 2022 Pg. 1
6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR
CONSIDERATION:
A. Consider Approving Regular City Council/Successor Agency/PFA Meetings Schedule for Calendar Years 2022 & 2023: (Discussion/Action).
B. Reintroducing “Chat with Council” Regular Q&A Sessions – (Discussion/Informational).
7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS:
A. Activity Reports:
1. Community & Economic Development Activity Report: Kao Nou Yang, Community & Economic Development Director.
2. Police Department Activity Report: Kevin Carr, Police Captain.
B. Special Presentations/Reports:
1) None.
8. PUBLIC HEARING(s):
A. None
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 Ordinance 2022-01: Amending Portions of the Personnel System in Article 2 of Chapter 4 of Title 2, Pertaining to Adoption and Amendment of Rules and Appointments.
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 February 21, 2022.
/s/ Maria Ortiz
Maria Ortiz, City Clerk
Feb 24, 2022 Pg. 2
CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA SUCESORA/PFA 24 DE FEBRERO DE 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 utilizar 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: 2022-11 (SA) ÚLTIMA RESOLUCIÓN: 2021-04 PFA ÚLTIMA RESOLUCIÓN: 2021-05 AGENDA
1. LLAMADA AL ORDEN Y JURAMENTO DE LEALTAD:
2. PASE DE LISTA: 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: 2.
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 sus representantes designados:
Representantes designados: APOA.
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. Considere la aprobación de las actas de la Ciudad de Avenal / Agencia Sucesora para el 10 de febrero de 2022.
B. Consideración para aprobar la resolución que autoriza al jefe de policía a firmar un memorando de entendimiento (M.O.U.) con Flock Group, Inc. para el intercambio de datos:
Resolución 2022-12.
C. Considere aprobar la descripción del trabajo enmendada para el puesto de trabajo - Capitán de policía - dentro del Departamento de Policía de Avenal: Resolución 2022-13.
D. Considere una Resolución del Concejo Municipal de la Ciudad de Avenal que adopte / apruebe la Enmienda # 1 al Memorando de Entendimiento (MOU) 2021-2024 con la Asociación de Oficiales de Policía de Avenal (APOA): Resolución 2022-14.
Feb 24, 2022 Pg. 3
6. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / PUNTOS A CONSIDERAR:
A. Considere la posibilidad de aprobar el calendario regular de reuniones del Concejo Municipal / Agencia Sucesora / PFA para los años calendario 2022 y 2023: (Discusión / Acción).
B. Reintroducir las sesiones regulares de preguntas y respuestas de "Chat con el Consejo" ( Discusión / Informativo).
7. INFORMES DE ACTIVIDAD/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:
A. Informes de actividad:
1. Informe de Actividades de Desarrollo Comunitario y Económico: Kao Nou Yang, Director de Desarrollo Comunitario y Económico.
2. Informe de actividad del Departamento de Policía: Kevin Carr, capitán de policía.
B. Presentaciones/Informes Especiales:
1) Ninguno.
8. AUDIENCIA(S) PÚBLICA(S):
A. Ninguno
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 Ordenanza 2022-01: Modificación de partes del Sistema de Personal en el Artículo 2 del Capítulo 4 del Título 2, Relativo a la Adopción y Enmienda de Reglas y Nombramientos.
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 21 de febrero de 2022. /s/ María Ortiz
María Ortiz, Secretaria municipal
Feb 24, 2022 Pg. 4
CITY OF AVENAL
“Pistachio Capital of the World®”
CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
THURSDAY, FEBRUARY 10, 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
MINUTES
CALL TO ORDER: at 5:21 p.m.
PELAGE OF ALLEGIANCE: by Mayor Preciado.
ROLL CALL: Councilman Louis Gravelle, MayorPro Tem Alejandro Ramirez; Mayor Alvaro Preciado, attended via zoom Councilman Ricardo Verdugo, Councilman Pablo Hernandez
ABSENT: None.
STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Verdugo.
LEGAL COUNSEL: Moses Diaz.
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 amember of Successor.
Agency.
Mayor Preciado opened public time to comment on Closed Session items at g no public comment the City Council will reopen public comment after Closed Session.
The City Council went into Close Session at 5:23 p.m.
Sargent Kevin reported that personal signed S.W.A.T will be assigned a vehicle to be used especially for S.W.A.T related call outs, operations, and any applicable training only. In his experience having their vehicle at their residence is more beneficial to go back and forth and have it readily available to them because time is crucial for any call outs. Also, any preventive maintenance of vehicle can be done proactively at residence because it seen and readily available.
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 ClosedSession.
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. Pending Litigation (Government Code § 54956.9).
Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)).
Parties, case/claim no: North Coast Rivers Alliance et al. v. United States Bureau of Reclamation, et al. (United States District Court, Civ. No. 16-cv-307-DAD-SKO).
C. 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.
Feb 24, 2022 Pg. 5
Joint City Council/Successor Agency/PFA Meeting - February 10, 2022.
PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES:
Griselda Price, Director of Administrative Service reported that City Hall Introduces New Human Resource/Risk Management Assistant – María Cabrera. Ms. Cabrera has been busy with updating HR/Risk Management and Covid. Also, is an asset to the City.
Ms. Cabrera stated that its being a welcoming and enjoyable to work for the City. The City Council welcomed Maria Cabrera to the City family.
CONSENT CALENDAR:
All items listed under the consent calendar are routine and enacted by one motion: (Action).
A. Approval of City of Avenal/Successor Agency’s Minutes for November 17; December 9;December 29; January 6; January 13; January 20; and January 27, 2022.
B. Approve Resolution Authorizing City Manager to Submit Grants with California Departmentof Resources Recycling and Recovery (CalRecycle): Resolution 2022- 09.
C. Approve Resolution Authorizing City Manager to Sign CALNET Next Generation Contracts for Wireless and Data Communications (Verizon): Resolution 2022-10.
D. Approve Resolution Delegating Authority to the City Manager for determining IndustrialDisability Claims: Resolution 2022-11.
A motion was made by Councilman/Successor Agency Member Mayor Pro Tem Ramirez to approve Consent Calendar as presented, seconded by Councilman Gravelle, and carried.
RESOLUTION 2022-09: IN THE MATTER OF: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL
AUTHORIZING SUBMITTAL OF APPLICATION(S)FOR ALL CALRECYCLE GRANTSFOR WHICH THE CITY OF AVENAL IS ELIGIBLE. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Gravelle, and carried.
RESOLUTION 2022-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE
CITY MANAGERTO SIGN CALNET NEXT GENERATION CONTRACTS FOR WIRELESS AND DATA
COMMUNICATIONS, AND ANY SUBSEQUENT SUB-AGREEMENTS AND CONTRACTS FOR TELECOMMUNICATION SERVICES FOR THE CITY OF AVENAL. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Gravelle, and carried.
RESOLUTION 2022-11: A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF AVENAL DELEGATING AUTHORITY TO THE CITY MANAGER FOR DETERMINING INDUSTRIAL DISABILITY CLAIMS. A motion was made by Mayor Pro Tem Ramirez, seconded by Councilman Gravelle, and carried.
Roll Call Vote:
AYES: Ramirez, Gravelle, Hernandez, Verdugo, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:
A. Consider Request from City of Coalinga to Transfer Surplus Water Allocation:
Antony Lopez, City Manager reported that on January 26, 2022, Sean Brewer, Assistant City Manager for the City of Coalinga reached outto City Staff in inquire about the City’s water allocation for the 2021-2022 water year, which ends on February 28, 2022.
Like last year, Coalinga is running on a water deficit, and would like to end the water year as close to zero as possible, so to not have a negative balance carry over into the new water year and reduce their possible total allotment. Currently, City of Coalinga indicates they are at a negative ~300-acre feet of water allocation for this water year. As of February 6, 2022, the City has utilized 2,203-acre feet of water out of a total allocation of 2,480-acre feet – or 277-acre feet remaining. On average, we are utilizing 6.9-acre feet a day, with 22 days remaining, Staff anticipates needing 152-acre feetthrough the end of the water year,leaving ~125-acre feet remaining.
He continues that the City Manager spoke to Erma Leal, Specialist at USBR, to discuss what would be needed to do such a transfer.
She indicated that the City would simply have to send out an email requesting that any additional water the City does not utilize, be transferred over to City of Coalinga to help their allocation numbers. Staff did ask USBR if there was any possibility of the City reserving or saving this extra water for the next water year, which the response was – no. The City’s surface water contract with USBR Feb 24, 2022 Pg. 6
Joint City Council/Successor Agency/PFA Meeting - February 10, 2022.
stipulates that water allocations are “use it or lose it.”Not having a place to store the water, passing along any excess water to City of Coalinga is a good gesture to the City’s neighbor.
Staff recommend By Motion, Authorize the City Manager to send an email to the USBR indicating that the City would like to transfer any excess unused water allocation for the 2021-2022 water year, over to the City of Coalinga.
A motion was made by Councilman Verdugo to authorize the City Manager to send an email to the USBR indicating that the City would like to transfer any excess unused water allocation for the 2021-2022 water year, over to the City of Coalinga, seconded by Councilman Gravelle, and caried.
Roll Call Vote:
AYES: Verdugo, Gravelle, Hernandez, Ramirez, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Antony Lopez, City Manager would like to request to move Activities Report up due to Mrs. Verdugo has an appointment. The City Council was in consensus to move item up.
ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS:
A. Activity Reports:
1. Recreation Department Activity Report: Shelia Verdugo, Community Activities Supervisor.
Sheila Verdugo, Community Activities Supervisor reported the following: 1) Feb. 5th- Winter Flea Market; 2) Feb. 11th-Dinner Date – Dinner Date Night – February 11th- Tickets on sale. $40.00 per couple – Includes dinner, popcorn, soda, and candy; 3) March 19th – Concert in the park inviting vendors & 6-churches. Also, combined Baked Potato Feed and if not, it will be March 23rd at Veterans Hall from 5:30-7:00 PM dine in/take out; 4) continued Community Garden meeting; 5) 2022 event calendar attached; 6) Recreation Commission meeting; 7) available programs: Zumba Strong (559) 836-3322, F.I.T. to Succeed (559) 589-3150 – Follow on Facebook @fittosucceedavenal and Karate (559) 309-3509 - Follow on Facebook @DaysKarateSchool.
2. Public Works/Code Enforcement/Animal Control Departments Activity Report: RobWilliams, Public Works Director.
Scott Davis, Public Works Supervisor, reported on the following: 1) Code Enforcement; 2) Park & Landscaping; 3) Streets; 4) Water Distribution; 5) Wastewater Collection; and 6) Vehicle, Equipment, & Building Maintenance.
3. IT Department Activity Report: Humberto Bermudez, IT Manager.
Humberto Bermudez, IT Manager reported the following: 1) Internet Access; 2) Phone System; 3) Server; 4) City Clerk software; and 5) Others: Staff repaired the laminator for Community Activities usage and continues to provide tech support across all facilities.
B. Special Presentations/Reports:
1) Presentation by Avenal Police Department: New Surveillance Cameras:
Sargent Kevin Carr reported the following: 1) new surveillance cameras on Kings St. and Skyline Blvd. this on Business District to keep business owners and community safe.
Mayor Preciado announced a brief 5-minute recess at 7:16 p.m. Mayor Preciado re-opened meeting at 7:21 p.m.
PUBLIC HEARING(s):
A. None.
OLD BUSINESS:
A. Consider Extending Local Emergency Declared on March 24, 2020:
Mr. Lopez reported that the 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 Feb 24, 2022 Pg. 7
Joint City Council/Successor Agency/PFA Meeting - February 10, 2022.
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 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.
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.
A motion was made by Councilman Gravelle to approve as recommended, seconded by Councilman Hernandez, and carried.
Roll Call Vote:
AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
B. Consider Extending Local Emergency Declared on May 27, 2021:
Mr. Lopez reported that 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. 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 thirty (30) 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.
A motion was made by Councilman Gravelle to approve as recommended, seconded by Councilman Verdugo, and carried.
Roll Call Vote:
AYES: Gravelle, Verdugo, Hernandez, Ramirez, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
NEW BUSINESS:
A. None.
CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
Maria Ortiz, City Clerk reported that she is glad to be back. The City Council welcomed Ms. Ortiz.
Councilman Gravelle reported the following: 1) future agenda items - chickens, Code Enforcement/Animal Control need to be under Police Department for better funding/grants and bring back Chat with Council.
Mayor Pro Tem Ramirez reported the following: thanked City Staff for install surveillance cameras for the safety of our community.
Councilman Verdugo reported the following: 1) Flea Market went great and thanked staff and residents.
Feb 24, 2022 Pg. 8
Joint City Council/Successor Agency/PFA Meeting - February 10, 2022.
Antony Lopez, City Manager stated the following: 1) Rate Study there will be some increases rate increase. Dan Bergman, Consultant will be coming on March 24th preparing his presentation. The Prop 218 process will be an initial presentation April 28th would be a support notice if council decides to move forward with what's been presented a rate hearing on June 26th having it be effective by July 1st for the fiscal year. Staff will have new rates ready to discuss about why the need to raise rate. Also, been discussing something that they happen at the last study was looking at what projects are needed with the Water and Wastewater system and how to support those with these rates and having tangible projects that need to happen within the five years. The city needs to start upgrading a lot of their system and maintenance; 2) City Managers Conference - he enjoyed it, learned a lot a lot of good networking. Also, modernizing the Council City relationship with the community. The social media is becoming obviously a big thing and how cities manage it. how elected officials manage it for communities like ours. It is happening all over communities are losing their newspapers and cites can notice hearings. Staff is going on that direction and would like another Facebook account for like Public Works and have important notices like water shutoffs or leaks; and 3) Alicia Ramirez, Assemblyman Rudy Salas Office has a connection with SoCalGas and they're hoping to do some projects in Avenal to put SoCalGas name on it and get some attention. Mr. Lopez has a list shade canopies at our playgrounds, splash pad and other projects.
Mayor Preciado mentioned that SoCalGas has small, medium, and large projects that they’re looking at and willing to come to Avenal. The City Council suggested streetlight, electronic signs, and surveillance cameras.
Mayor Preciado reported the following: 1) Thanked City Staff and community all they do and stay safe from Covid.
Mayor Preciado announced a brief recess at 7:53 p.m. re-opened meeting at 7:57 p.m.
Mayor announced adding an emergency as follows:
Item 3. 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: 2.
City Attorney Moses Diaz, states that this item was brought to the City Council before the Agenda was posted and it is time sensitive matter.
The Council went into Closed Session at 8:00 p.m. Mayor Preciado re-opened the meeting at 8:21 with nothing to report.
ADJOURNMENT:
There being no further business the City Council meeting was adjourned at 8:21 p.m.
Respectfully submitted,
Maria Ortiz, City Clerk
Feb 24, 2022 Pg. 9
TO:
FROM: PREPARED BY: DATE:
REGARDING:
A VENAL POLICE DEPARTMENT
Citv Council Agenda Item
The Honorable Mayor & City Council Antony V. Lopez, City Manager Russell Stivers, Chief of Police February 15, 2021
317 Alpine, Avenal, CA 93204
Bus. 559-386-4,1,14 Fax 559-386-4,147
Consideration to Approve Resolution Which Authorizes Police Chief to Sign a Memorandum of Understanding (M.O.U.) with Flock Group, Inc. for Data Sharing
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INFORMATION/BACKGROUND:
The Avenal Police Department, in conjunction the Kings County Dish·ict Attorney's Office, has been working with Flock Group Inc., on the installation of Automatic License Plate Reader (ALPR) technology within the City of A venal city limits. Flock Group Inc. is a technology corporation who has built an excellent ALPR platform which law enforcement can use as an investigative tool. The Kings County Dish·ict Attorney's Office has negotiated a two-year conh·act with Flock Group Inc. for the City of Avenal, City of Corcoran and the community ofKettleman City. This project is being funded by the Dish·ict Attorney's Vehicle License Fee (VLF) account. There is no cost to the City of Avenal unless for some reason, we choose to move the ALPR after they are installed. This cost would be minimal. As part of this project, Flock Group Inc., requires a MOU which addresses the data sharing agreement between the Avenal Police Department and Flock Group Inc. Attached to this staff report is the MOU.
FISCAL IMPACT:
None.
Feb 24, 2022 Pg. 10
RECOMMENDATION:
By resolution, staff respectfully requests the Council to authorize the Chief of Police or his designee to sign the MOU between the Police Depaitment and Flock Group Inc. for data sharing ************************************************************************ APPROVED:
---
COUNCIL ACTION
Febrnmy 24, 2022
DENIED:
---
Feb 24, 2022 Pg. 11
BEFORE THE CITY COUNCIL OF THE
CITY OF A VENAL
IN THE MATTER OF:
AUTHORIZING THE CHIEF OF
POLICE TO SIGN MEMORANDUM
OF UNDERSTANDING WITH
FLOCK GROUP INC.
RESOLUTION 2022_-_
WHEREAS, the A venal Police Department will begin utilizing Automated License Plate Readers (ALPRs) to improve public safety measures; and WHEREAS, the Avenal Police Department desires to access Flock's technology platform and Flock Safety dashboard (together, the "Flock Service") for investigative purposes, in order to view and search videos recorded by Flock ("Recordings") which are stored for no longer than thirty (30) days, utilizing its software for automatic license plate detection;
WHEREAS, Flock desires to share such videos and supplemental data with Avenal Police Department pursuant to the following terms and conditions contained in the attached Memorandum of Understanding (MOU) between Flock Safety and the Avenal Police Department;
WHEREAS, the Avenal City Council authorizes the Chief of Police or his/her designee to sign the MOU between the A venal Police Department and Flock Group Inc.
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 FEBRUARY 24, 2022 BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
Alvaro Preciado, Mayor
CITY OF A VENAL
ATTEST:
1 of2
MARIA A. ORTIZ, City Clerk
CITY OF A VENAL
Feb 24, 2022 Pg. 12
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the foregoing recitals to be true, correct and incorporated herein;
2. The City Council of the City of Avenal hereby authorizes the Chief of Police or their designee(s) to sign and execute documents and agreements related to this action on behalf of the City of A venal.
3. 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.
* * * * * * * * * * * * * * * * * *
2 of2
Feb 24, 2022 Pg. 13
MEMORANDUM OF UNDERSTANDING
This Data Sharing Memorandum of Understanding (hereinafter “MOU”) is entered into by and between Flock Group, Inc. with a place of business at 2588 Winslow Drive, Atlanta, GA 30305 (“Flock”) and Avenal Police Department with a place of business at 317 E Alpine St, Avenal, California 93204 (“Agency”) (each a “Party", and together, the “Parties”).
Whereas, Agency desires to access Flock’s technology platform and Flock Safety dashboard (together, the “Flock Service”) for investigative purposes, in order to view and search videos recorded by Flock (“Recordings”) which are stored for no longer than thirty (30) days, utilizing its software for automatic license plate detection;
Whereas, Flock desires to share such videos and supplemental data with Agency pursuant to the following terms and conditions:
1. Purpose. To allow the Agency to utilize the Flock Services for the following purpose: to gain awareness with respect to the communities for which they serve to protect and facilitate investigations (the “Purpose”).
2. Access Rights to Flock Services. Subject to the terms and conditions contained in this MOU, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Flock Service during the Term (as defined below), solely for use by Authorized Users in accordance with the terms and conditions herein. For purposes of this MOU, “Authorized Users” will mean employees, agents, or officers of Agency accessing or using the Flock Services for the Purpose. Agency acknowledges and agrees that, as between Agency and Flock, Agency shall be responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User which would constitute a breach of this MOU, shall be deemed a breach of this MOU by Agency. Agency shall undertake reasonable efforts to make all Authorized Users aware of the provisions of this MOU as applicable to such Authorized User’s use of the Flock Service, and shall cause Authorized Users to comply with such provisions.
3. Restrictions on Use. Agency will not, and will not permit any Authorized Users or any third party to, (i) copy or duplicate any of the Flock Service; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock Service is compiled or interpreted; (iii) modify, alter, or tamper with any of the Flock Service, or create any derivative product from any of the foregoing; (iv) DocuSign Envelope ID: FECF9C9D-B946-433F-9CAC-01C9340AE350 Feb 24, 2022 Pg. 14
interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock Service; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Flock Service; or (vi) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency’s rights under Sections 2. Agency may only access Recordings and Flock Service to perform the Purpose, as described in Section 1. Agency shall not use the Flock Service in any manner not permitted by appropriate governing Federal and State regulations or laws; Agency represents and warrants that, in receiving access to Flock Services, such video and supplemental data shall be used solely for purposes authorized by law and described in this MOU.
4. Ownership. As between the Parties, subject to the rights granted in this MOU, Flock and its licensors retain all right, title and interest in and to the Flock Service, and its components and any Recordings or data provided by Flock through the Flock Service, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this MOU. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights.
5. Warranty. Flock and its licensors make no express or implied warranty as to the conditions of the Recordings, or fitness for a particular research, data, investigative purpose or resulting actions or omissions resulting from videos and supplemental data obtained by Agency through the use of Flock Services.
6. Financial Implications to Agency. No financial commitment by Agency is required to access the Flock Services or Recordings.
7. Term; Termination.
A. Term. This MOU will commence once executed by both parties and shall continue for a period of Five (5) years.
B. Termination. Prior to expiration of the Term, Flock may terminate this MOU for its convenience, and in its sole discretion, by providing Agency thirty (30) days prior written notice of termination. Agency may terminate this MOU for its convenience, and in its sole discretion, by providing Flock ninety (90) days prior written notice of termination. Either party may terminate this MOU upon written notice if the other party has breached a material term of this MOU and has not cured such breach within thirty (30) days of receipt of notice from the non-breaching party specifying the breach. Upon termination of this MOU, Agency will DocuSign Envelope ID: FECF9C9D-B946-433F-9CAC-01C9340AE350 Feb 24, 2022 Pg. 15
immediately cease all use of Flock Services. This MOU is subject to termination without written notice after expiration of the Term.
8. Indemnification. Each Party to this MOU shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this MOU. Parties shall indemnify and hold harmless each other against any suits, claims, actions, complaints, or liability of any kind, which relate to the use of or reliance on Flock Service. For tort liability purposes, no participating Party shall be considered the agent of the other participating Party. Each Party to this MOU shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Under no circumstances shall this MOU be interpreted to create a partnership or agency relationship between the Parties.
9. Limitation of Liability.
A. Limitation on Direct Damages. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL FLOCK, ITS OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY AMOUNT GREATER THAN THE FEES PAID TO FLOCK UNDER THIS MOU, OR $100 IN UNITED
STATES CURRENCY, WHICHEVER IS GREATER, WITHOUT REGARD TO WHETHER
SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), PRODUCT LIABILITY OR OTHERWISE.
B. Waiver of Consequential Damages. IN NO EVENT SHALL FLOCK OR ITS LICENSORS
OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR
LOSS OF PROFITS, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Confidentiality.
A. Obligations. During the performance of services and Agency's use of the Flock Service under this Agreement it may be necessary for a party to provide the other with certain information considered to be proprietary or confidential by the disclosing party. The disclosure of such confidential information shall be subject to the following terms and conditions.
DocuSign Envelope ID: FECF9C9D-B946-433F-9CAC-01C9340AE350 Feb 24, 2022 Pg. 16
i. The term "Agency Confidential Information" shall mean any material, data, systems, procedures and other information of or with respect to Agency that is not be accessible or known to the general public, including information concerning its hardware, software, business plans or opportunities, business strategies, finances, employees, and third-party proprietary or other information that Agency treats as confidential. Flock shall not use, publish or divulge any Agency Confidential Information except (i) in connection with Flock's provision of Software and services pursuant to this Agreement, (ii) to Flock's officers, directors, employees, agents and contractors who need to know such information to enable Flock to provide Software and services pursuant to this Agreement, or (iii) with the prior written consent of Agency, which consent Agency may withhold in its sole discretion. ii. The term "Flock Confidential Information" means any material, data, systems, procedures and other information of or with respect to Flock that is not accessible to or known to the general public, including, without limitation, the software, object code, source code, formulae, algorithms, financial data, clients, employees, software development plans, software support third-party proprietary or other information that Flock treats as confidential. Agency shall not use, publish or divulge any Flock Confidential Information except (i) to its employees, agents and officers who need to know such information to enable Agency to use the Flock Services, or (ii) with the prior written consent of Flock, which consent Flock may withhold in its sole discretion.
iii. Each party shall protect the other's confidential information with the same degree of care normally used to protect its own similar confidential information, but in no event less than that degree of care that a reasonably prudent business person would use to protect such information. The obligations of each party to protect confidential information received from the other party shall not apply to information that is publicly known or becomes publicly known through no act or failure to act on the part of the recipient. All provisions of this MOU concerning the Confidentiality section herein, shall survive any termination of this MOU.
B. Exclusions. Confidential Information shall not include any information that is (i) already known to the receiving party at the time of the disclosure; (ii) publicly known at the time of the disclosure or becomes publicly known through no wrongful act or failure of the receiving party; (iii) subsequently disclosed to the receiving party on a non-confidential basis by a third-party not having a confidential relationship with the other party hereto that rightfully acquired such information; or (iv) communicated to a third party by the receiving party with the express written consent of the other party hereto. A disclosure of Confidential Information that is legally compelled to be disclosed pursuant to a subpoena, summons, order or other judicial or governmental process or the Freedom of Information Act shall not be considered a breach DocuSign Envelope ID: FECF9C9D-B946-433F-9CAC-01C9340AE350 Feb 24, 2022 Pg. 17
of this MOU; provided the receiving party provides prompt notice of any such subpoena, order, or the like to the other party so that such party will have the opportunity to obtain a protective order or otherwise oppose the disclosure.
11. Entire Agreement. This MOU is complete and contains the entire understanding between the Parties relating to the sharing of Recordings and Confidential Data by and between Flock and Agency. This MOU supersedes any and all other agreements between the Parties. This Agreement is non-assignable by both Parties.
12. Severability. Nothing is this MOU is intended to conflict with or violate State or Federal laws, regulations, policies, etc. If a term or provision of this MOU is inconsistent with a law or authority, then that term or provision shall be invalid, but the remaining terms and provisions shall remain in full force and effect. If any provision of this MOU is found to be unenforceable, unlawful, or void, the provision shall be deemed severable from the MOU and shall not affect the validity of the remaining provisions.
13. Miscellaneous. All notices, requests, demands, or other communications required or permitted to be given hereunder must be in writing and must be addressed to the parties at their respective addresses set forth below and shall be deemed to have been duly given when (a) delivered in person; (b) sent by facsimile transmission To the facsimile number below and indicating receipt at the facsimile number where sent; (c) one (1) business day after being deposited with a reputable overnight air courier service; or (d) three (3) business days after being deposited with the United States Postal Service, for delivery by certified or registered mail, postage pre-paid and return receipt requested. This MOU shall be governed by the laws of the state in which the Agency is located, excluding its conflict of laws rules. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this MOU.
IN WITNESS WHEREOF, Flock and the Agency have caused this MOU to be signed on the date set forth below and be effective on the last date specified below.
DocuSign Envelope ID: FECF9C9D-B946-433F-9CAC-01C9340AE350 Feb 24, 2022 Pg. 18
FLOCK GROUP, INC. Avenal Police Department
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
DocuSign Envelope ID: FECF9C9D-B946-433F-9CAC-01C9340AE350 Police Captain
Kevin Carr
Feb 24, 2022 Pg. 19
DocuSign Envelope ID: FECF9C9D-B946-433F-9CAC-01C9340AE350 Feb 24, 2022 Pg. 20
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 4. A
TO: The Honorable Mayor and City Council
FROM: Griselda Price, Director of Administrative Services & Antony V. López, City Manager DATE: February 24, 2022
RE: Consider Approving Amended Job Description for Employment Position - Police Captain - within the Avenal Police Department.
INFORMATION:
Police DepartmentWith the recent announcement of Chief Stiver’s pending retirement, scheduled for April 4, 2022, the Police Department currently does not have an Assistant Chief who can assume the responsibilities of Acting Chief of Police in the interim while the search for a new Chief of Police is conducted. Staff has noted that the current jobs market for high level and experienced administrators for local governments is very competitive – added the City’s location in the Central Valley where most qualified applicants are from out of the area and would have to move closer and expect a high comparative salary, may mean the Chief position will be vacant for a few months.
In the event that a new Chief is not selected and appointed by the time of Chief Stiver’s retirement date, Council directed Staff to prepare potential contingencies. Thus, on January 20, 2022, per Resolution 2022-06, the City created two new employment positions within the Avenal Police Department and adopted a job description and classification for two Police Captains. Given the size and complex needs of the Police Department, Staff recommended the creation of two Captain positions who could equally handle separate duties and assist the Chief in running the day-to-day operations of the Department. In the Chief’s absence, both Captains would share the duties of Acting Chief of Police. This structure would provide for more accountability and ensure coverage for this important City service.
Due to the tight turnaround and immediate need to fill both Captain positions, the decision was made to promptly open the positions for an internal recruitment so that successful candidates could be promptly appointed, on an interim basis only, until a new Chief is selected who would ultimately consider permanent appointment to the Captain positions. Unfortunately, due to staff oversight in the expedited process of preparing it for Council consideration, the previously adopted Police Captain job description inadvertently omitted some intended flexibility in qualifying criteria often necessary or useful in considering appointments made on an interim or acting basis.
The attached resolution includes an amended Police Captain job description which includes appropriate language regarding interim or acting appointments. This clarification is necessary in order to plan for immediate and future vacancies where an appointment(s) is necessary on an interim basis.
RECOMMENDATION:
Approve Resolution 2022-12: Approving the Amended Job Description for Employment Position - Police Captain - within the Avenal Police Department.
FISCAL IMPACT:
None.
Feb 24, 2022 Pg. 21
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
Approving Amended Job Description for
Employment Position - Police Captain -
within the Avenal Police Department.
RESOLUTION 2022-____
WHEREAS, the City Council of the City of Avenal (“City”) desires to consider information and recommendations from the City Manager pursuant to Avenal Municipal Code § 2-4.108(d) pertaining to reorganization of employment positions; WHEREAS, on January 20, 2022, per Resolution 2022-06, the City created new employment positions within the Avenal Police Department and adopted a job description and classification for Police Captain; and
WHEREAS, the adopted Police Captain job description inadvertently omitted some intended flexibility provisions for appointments made on an interim or acting basis; and WHEREAS, in a small police department sufficient flexibility for temporary appointments, which are made on an interim or acting basis, is often necessary or convenient, including situations and periods when upper management and/or department head position(s) may be vacant for extended periods of time and must be immediately staffed until cessation of the temporary leave of the incumbent or during the sometimes lengthy recruitment process, as may be the case from time to time; and WHEREAS, it is the intent of the City Council to approve the amended Police Captain job description and classifications thereof.
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 February 24, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
,
AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor
CITY OF AVENAL
Feb 24, 2022 Pg. 22
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true and correct;
2. Found that due to staff oversight in the expedited process of preparing the original Police Captain job description, which was approved on January 20, 2022 as Resolution 2022-06, such job description inadvertently omitted intended flexibility terms and provisions for appointments made on an interim or acting basis;
3. Found that amending the Police Captain job description is necessary, convenient and/or advisable to allow for flexibility in managing temporary and permanent vacancy situations when an interim or acting appointment(s) is necessary or convenient;
4. Approved and adopted the amended job description in ATTACHMENT A; to this resolution;
5. Authorized the City Manager, City Clerk and all 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.
* * * * * * * * * * * * * * * * * *
Feb 24, 2022 Pg. 23
City of Avenal – Police Captain 1
POLICE CAPTAIN
(Management)
SALARY RANGE: S-7 $6,738.81 - $8,191.07; Exempt
GENERAL RESPONSIBILITIES:
Under general supervision of the Chief of Police, assists in the administration and supervision of the Police Department; directs, manages, supervises, and coordinates activities and operations within the Police Department; coordinates assigned activities with other divisions, departments, and outside agencies; provides highly responsible and complex administrative support to the Chief of Police; supervises assigned personnel (sergeant, senior police officers, officers, reserves, supervisory professional; technical and clerical staff); manages municipal jail operations and or detention areas; and can assume command of and responsibility for the department in the absence of the Chief of Police.
DEFINITION:
To direct, manage, supervise and coordinate the daily activities of an area/division (Operations/Administration) within the police department; to assist the Chief of Police with planning, research, budget preparation, personnel issues and supervision, organizational and transformational change, leadership development amongst sworn and non-sworn personnel; coordinate assigned activities with other city departments, divisions and outside agencies.
EXAMPLE OF DUTIES:
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to share (with a counterpart) additional or different duties from those set forth below to address department needs and changing practices.
1. Assume management responsibility for
assigned law enforcement operations,
services, and activities within the Police
Department.
2. Manage and participate in the development
and implementation of goals, objectives,
policies and priorities for assigned
programs; recommend and administer
policies and procedures.
3. Monitor and evaluate the efficiency and
effectiveness of service delivery methods
and procedures; recommend, within
Departmental policy, appropriate service
and staffing levels.
4. Plan, direct, coordinate and review the work
plan for assigned staff; assign work
activities, projects and programs; review
and evaluate work products, methods and
procedures; meet with staff to identify and
resolve problems.
5. Supervise patrol activities and operations;
schedule assigned patrol routes to officers;
assist in patrol activities during special
events and as needed.
6. Perform a variety of administrative duties
related to patrol operations; receive,
respond to and review citizen complaints
and police citations.
7. Maintain current personnel files for police
officers; ensure all officers have current
licenses and certification according to
P.O.S.T. guidelines; coordinate training and
update courses as needed.
8. Supervise investigative activities and
operations; assign investigations to
detectives; monitor progress of complex
investigations.
Feb 24, 2022 Pg. 24
Attachment A
City of Avenal – Police Captain 2
9. Oversee youth development and community
service programs including juvenile crime
investigations, crime prevention, and
custody of evidence, crime scene
investigations and public relations.
10. Oversee narcotics and gang task forces;
serve as liaison between task forces and
various other agencies.
11. Responds to major incidents reported to the
Police Department and ensures that the
Incident Commander is following Incident
Command System/Standardized
Emergency Management System
(ICS/SEMS) protocol; assumes role as
Incident Commander or other role as
needed for the situation.
12. Selects, trains, motivates, and evaluates
assigned personnel; oversees the conduct
of background investigation; provides or
coordinates staff training; works with
employees to correct deficiencies;
implements discipline and termination
procedures.
13. Participate in the development and
administration of the Police Department's
annual budget; direct the forecast of funds
needed for staffing, equipment, materials
and supplies; monitor and recommend
expenditures; implement adjustments.
14. Serve as liaison for the Police Department
with other City departments, divisions and
outside agencies; negotiate and resolve
sensitive and controversial issues.
15. Serves as the liaison for the assigned
functions with other divisions, departments,
and outside agencies; participates with
community relations including public, media,
and press relations; serves as staff on a
variety of boards, commissions, and
committees; participates in coordinating,
planning, and scheduling City special
events; attends special events planning
meetings.
16. Provides responsible staff assistance to the
Chief of Police; conducts a variety of
organizational studies, investigations, and
operational studies; recommends
modifications to programs, policies, and
procedures as appropriate; develops and
prepares new and revised City ordinances
pertaining to the law enforcement services
and activities; prepares and presents staff
reports and other necessary
correspondence.
17. Attend and participate in professional group
meetings; stay abreast of new trends and
innovations in the field of law enforcement.
18. Responds to and resolves difficult and
sensitive citizen inquiries and complaints;
manages and investigates citizen
complaints against employees; prepares
reports and maintains administrative files;
makes recommendations for disciplinary
actions.
19. Serve as acting Chief of Police as assigned
(sharing responsibility with another
Captain).
20. Perform other related duties as required.
DESIRABLE QUALIFICATIONS:
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
The Police Captain must be a good listener – team player – energetic – honest – inclusive and have integrity – progressive – empathetic – respectful of others – value personnel and community – the ability to connect with the community – forward thinking – excellent writing and public speaking skills – good management and supervisory skills – a true leader.
Feb 24, 2022 Pg. 25
City of Avenal – Police Captain 3
Required Knowledge: (but not limited to)
-Operations, services, and activities of a comprehensive municipal law enforcement program. -Law enforcement theory, principles, and practices and their application to a wide variety of services and programs.
-Principles and practices of law enforcement administration, organization, and management. -Methods and techniques used in providing the full range of law enforcement and crime prevention services and activities including investigation and identification, patrol, traffic control, records management, care and custody of persons and property, and crime prevention.
-Use of firearms and other modern police equipment.
-Modern office procedures, methods and computer equipment. -Principles and practices of program development and administration. -Methods and techniques of public relations.
-Recent court decisions and how they affect department operations. -Principles and practices of municipal budget preparation and administration. -Principles of supervision, training, and performance evaluation. -Pertinent Federal, State, and local laws, codes, and regulations.
Education and Experience
Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
A Bachelor’s degree from an accredited college or university with major course work in criminal justice, political science, business or public administration, or a related field; preferably a Masters Degree in a related field.
Experience:
Three years of increasingly responsible law enforcement experience including three years of administrative and supervisory experience at a level comparable to or above a Police Sergeant; or an equivalent combination of education and experience.
Skills:
Exercise good judgment in analyzing and problem solving; present ideas clearly and effectively; establish and maintain cooperative working relationships with the City Manager, Chief of Police and the personnel of the Police Department; managing and coordinating assigned operations of the City’s Police Department; interpreting and applying Federal, State, and local laws, regulations, and ordinances; coordinating departmental activities with other City departments and outside agencies; developing, administering, and monitoring budgets; supervising, leading, and delegating tasks and authority; establishing and maintaining cooperative working relationships with staff, City departments, outside agencies, community organizations, and the general public; act quickly and calmly in emergencies. Maintain physical condition appropriate to the performance of assigned duties and responsibilities. Bilingual speaker (Spanish/English) preferred, but not required.
Feb 24, 2022 Pg. 26
City of Avenal – Police Captain 4
Physical Demands/Work Environment
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform these essential job functions.
Environment: Standard office setting, reactive emergency, natural or man-made disaster, and routine peace keeping environments with travel to various locations to attend meetings or respond to major crime scenes, disasters or critical incidents; the employee is occasionally exposed to outside weather conditions; occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme heat, risk of electrical shock, risk of radiation, and vibration; the noise level in the work environment is usually moderate; however, the noise level is occasionally very loud due to sirens, firearm training, etc.; incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings.
Physical: performed in and around law enforcement facilities and in the field; require sufficient physical ability to work in an office setting or outside environment; walk, run, stand, or sit for prolonged periods of time; occasionally stoop, bend, kneel, crouch, reach, and twist; occasionally climb and balance; regularly push, pull, lift, and/or carry light to moderate weights; frequently lift and/or move moderate to heavy weights; occasionally lift and/or move heavy weights; operate office equipment including use of computer keyboard; requires a sense of touch, finger dexterity, and gripping with hands and fingers; ability to speak and hear to exchange information; ability to operate a vehicle to travel to various locations; ability to operate and use specialized law enforcement tools and equipment including guns and handcuffs.
Subject to, operating a patrol vehicle; utilizing firearms and apprehending or restraining offenders; exposure to variable weather conditions, emergency incidents, general driving hazards; vehicle traffic, firearms, hazardous materials, infectious diseases, blood borne pathogens, and combative and or violent individuals.
Vision: See in the normal visual range with or without correction; vision sufficient to read computer screens and printed documents.
Hearing: Hear in the normal audio range with or without correction.
Required Licenses or Certifications:
The following requirements shall be considered except when waived in writing by the City Manager or designee for any appointment on an interim/acting basis. Relevant education and experience may be substituted in lieu of P.O.S.T. Certificate requirements, except for Basic P.O.S.T. Certificate, for any particular vacancy/recruitment, with the written consent of the City Manager or designee.
Possession of an appropriate, valid driver’s license.
Possession of a P.O.S.T. Advanced and Supervisory Certificate.
Possession of, or ability to obtain within twenty-four months of appointment, a P.O.S.T.
Management Certificate.
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EMPLOYEE SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
POSITION SERVES AT WILL TO POLICE CHIEF AND CITY MANAGER
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Revised 2/24/2022
Feb 24, 2022 Pg. 27
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. - D
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 13, 2022
RE: Consider a Resolution of the City Council of the City of Avenal Adopting/Approving Amendment #1 to Memorandum of Understanding (MOU) 2021-2024 with the Avenal Police Officer’s Association (APOA):
INFORMATION:
On January 13, 2022, the City Council and the Avenal Police Officer’s Association (APOA), reached an agreement for adopting a new M.O.U. for the FY 2021/2022, 2022/2023, & 2023/2024.
Per the adopted M.O.U., Council and the APOA agreed to continue negotiating verbiage and conditions for On-Call/Standby Pay and Assigned Take-Home Vehicles.
Exhibit A includes the agreed upon language by both sides. Staff is requesting that the Council formally adopt this language as Amendment #1 to the 2021-2024 M.O.U. with the APOA, so the language presented in Exhibit A may be recognized and adopted into the M.O.U. moving forward.
RECOMMENDATION:
Approve by motion Resolution 2022-14 as presented.
Feb 24, 2022 Pg. 28
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 Adopting/Approving
Amendment #1 to Memorandum of
Understanding (MOU) 2021-2024 with the
Avenal Police Officer’s Association
(APOA):
RESOLUTION 2022-____
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, on January 13, 2022, per Resolution 2022-01, the City Council and APOA reached an agreement and adopted a Memorandum of Understanding (MOU) for Fiscal Years 2021-2024; and
WHEREAS, the M.O.U. left items open for further negotiation and clarity until both parties reached an agreement; and
WHEREAS, both the City Council and APOA have finalized language on the pending items; and
WHEREAS, the City Council and the APOA, have agreed that following language be added to the 2021-2024 M.O.U. as Amendment #1:
SEE EXHIBIT A
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 February 24, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
Feb 24, 2022 Pg. 29
2 of 2
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the foregoing recitals to be true, correct and incorporated herein;
2. That the City Council hereby approves Amendment #1 to the 2021-2024 M.O.U. as agreed upon by both the City and APOA as per Exhibit A.
3. That such changes are effective immediately upon the adopting of this Resolution.
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 Feb 24, 2022 Pg. 30
Exhibit A: Final Verbiage for 2021-2024 M.O.U. with APOA Add the following to Article 14:
14.3 On-Call/Standby Pay:
Employees specifically assigned to On-Call status by the Department shall receive $2.00 for each hour so assigned. Standby time shall be defined as that time, other than the regular duty shift or overtime, during which an employee is required to remain available for call and ready for duty.
Standby assignments shall be made for a minimum of eight (8) hours in any 24-hour period. Employees shall receive no more than 24 hours of compensation within a 24 hour period.
Add and reorganize the following to Article 23:
Section 23.2 Assigned Take Home Vehicles
23.2.1 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 an assigned take home vehicle at the discretion of the Chief of Police.
23.2.2 Personnel Assigned to the Investigations Division shall drive their assigned vehicle for Avenal Police Department assigned duties.
23.2.3 Personnel assigned S.W.A.T. will be assigned a vehicle to be used specifically for S.W.A.T. related call outs, operations and any applicable training only. The S.W.A.T. vehicle will be assigned to the senior S.W.A.T. operator who will be responsible for maintaining current preventive maintenance schedule of the vehicle in coordination with the Public Works Department. Vehicle shall be located at a pre-approved off-street parking location as determined by Chief of Police and City Manager.
23.2.4 All personnel assigned a take home vehicle are subject to the policies and procedures of both the Avenal Police Department and City of Avenal.
Feb 24, 2022 Pg. 31
AGENDA ITEM NO. __6_– A
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
TO: Honorable Mayor Preciado and Councilmembers
FROM: Maria Ortiz, City Clerk
DATE: February 16, 2022
RE: Regular City Council/Successor Agency/PFA Meetings Schedule for 2022 & 2023
INFORM ATION:
In the past, the City Council has been in favor of adopting a yearly schedule for its Regular Meetings. This makes it transparent for our community and public. Staff has attached Exhibit A to consider Regular City Council/Successor Agency/PFA Meetings for 2022 & 2023 Staff recommends approving Regular City Council/Successor Agency/PFA Meetings for calendar 2022 & 2023
**Special meetings can be scheduled and noticed as needed.
RECOMMENDATION:
By motion, approve Regular City Council/Successor Agency/PFA Meetings for calendar years 2022 & 2023, and direct Staff to notice the meeting schedule.
FISCAL IMPACT:
None.
Feb 24, 2022 Pg. 32
CITY OF AVENAL
CITY COUNCIL SCHEDULE
EXHIBIT A
For Calendar Years 2022 & 2023: regular meetings of Council be held on the following dates and times:
2022 2023
JANUARY JANUARY
13 Regular Council meeting (5:15 pm) 12 Regular Council meeting (5:15 pm) 27 Regular Council meeting (5:15 pm) 26 Regular Council meeting (5:15 pm)
FEBRUARY FEBRUARY
10 Regular Council meeting (5:15 pm) 9 Regular Council meeting (5:15 pm) 24 Regular Council meeting (5:15 pm) 23 Regular Council meeting (5:15 pm)
MARCH MARCH
10 Regular Council meeting (5:15 pm) 9 Regular Council meeting (5:15 pm) 24 Regular Council meeting (5:15 pm) 23 Regular Council meeting (5:15 pm)
APRIL APRIL
14 Regular Council meeting (5:15 pm) 13 Regular Council meeting (5:15 pm) 28 Regular Council meeting (5:15 pm) 27 Regular Council meeting (5:15 pm)
MAY MAY
12 Regular Council meeting (5:15 pm) 11 Regular Council meeting (5:15 pm) 26 Regular Council meeting (5:15 pm) 25 Regular Council meeting (5:15 pm)
JUNE JUNE
9 Regular Council meeting (5:15 pm) 8 Regular Council meeting (5:15 pm) 23 Regular Council meeting (5:15 pm) 22 Regular Council meeting (5:15 pm)
JULY JULY
14 Regular Council meeting (5:15 pm) 13 Regular Council meeting (5:15 pm)
AUGUST AUGUST
11 Regular Council meeting (5:15 pm) 10 Regular Council meeting (5:15 pm)
SEPTEMBER SEPTEMBER
8 Regular Council meeting (5:15 pm) 14 Regular Council meeting (5:15 pm) 22 Regular Council meeting (5:15 pm) 28 Regular Council meeting (5:15 pm)
OCTOBER OCTOBER
13 Regular Council meeting (5:15 pm) 12 Regular Council meeting (5:15 pm) 27 Regular Council meeting (5:15 pm) 26 Regular Council meeting (5:15 pm)
NOVEMBER NOVEMBER
10 Regular Council meeting (5:15 pm) 9 Regular Council meeting (5:15 pm)
DECEMBER DECEMBER
8 Regular Council meeting (5:15 pm) 14 Regular Council meeting (5:15 pm) Feb 24, 2022 Pg. 33
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. 6. - B
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager, Maria Ortiz, City Clerk DATE: February 18th, 2022
RE: Reintroducing “Chat with Council” Regular Q&A Sessions.
BACKGROUND:
“Chat with Council” was a regular Q&A-formatted meeting that was held from 2016 to March 1st, 2018. Two members of the Avenal City Council would be present at the Avenal Scout House on the 1st Thursday of each month from 6:30PM to 8:30PM. These unofficial regular meetings fell out of favor due to lack of public attendance. The location was also cited as less than desirable for these sorts of meetings.
Information:
Over the last two years, our invested community have become familiar with the regularly scheduled meeting time of 5:15PM. Unfortunately, due to the formal nature of City Council meeting, the public is typically unable to interact directly with the Council on concerns of informal matters. With the changes brought on by COVID-19 and the overall shift to online social media engagement, Staff proposes reintroducing these regular meetings with the enhancements and conveniences that our hybrid virtual meeting setup have allowed us. These amenities would include the now commonplace access via Zoom, Facebook stream and comment interaction, and underutilized Citizen Request feature on the City website. Staff proposes scheduling these Q&A sessions at 5PM for two hours on the first Wednesday of each month at City Hall.
The IT Department proposes utilizing the City website’s feature to have questions asked beforehand, and then on the Chat with Council days, no more than two council members, respond to those questions, and be available both in person and virtually at City Hall to discuss the questions and any other related concerns with the community. This platform will also be a good method for c RECOMMENDATION:
Discussion: Direct staff on the direction for reintroducing Chat with Council, and any other details the Council wishes to have included. A schedule and rotation of members will need to be discussed. At some point, rules and guidelines may need to be adopted to help moderate discussions and avoid potential conflicts.
FISCAL IMPACT:
None. City has necessary equipment and Staff will flex their time available.
Feb 24, 2022 Pg. 34
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 7. A-1
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: February 24, 2022
SUBJECT: FEBRUARY 2022 MONTHLY REPORT
Planning Division:
- Processing Zoning Land Use Applications, Land Division Applications and Current Planning Site Plan Reviews Zoning Permits – Site Plan Review No. 21-09 working on Decision Letter, Home Occupation Permit No. 22-01 under review and working on Decision Letter Avenal Community Sports and Recreation Center – Still waiting on information from City Engineer and Public works on revised plans and floor plans for Phase 2 of the project. PG&E has been contacted for gas and electrical connection. The city continues looking into more funding opportunities to continue construction work.
Tentative Tract Map No. 21-01 – Still waiting for Applicant’s Consultant to submit the revised Admin Draft IS/MND.
Long Range Planning:
Zoning, Subdivision and Building Ordinance – City Staff is having the City Attorney Work with awarded consultant to come up with a workable agreement that both parties will work with.
Building and Zoning Permits Reorganization –Community Development Staff are still working on rearranging the files and shifting to a more digitize process. Still Working on the Process.
Building Division:
Building and Permit Applications- The City has Implemented an electronic application submission for Building Permits, Land Use and Zoning Permits and Business License. The Application Link is Located on the City Website on the Home Page under the BUTTON APPLY ONLINE. We also have a QR code for the Online portal. We are slowly transition to a more digitized and electronic submissions format. If any applicant community member resident has any questions, we are happy to help answer and show you how to submit online. From January 2022 to February 2022, we had over 30 electronic submissions of Building permits. Process is slow but it seems to be working and progressing very well.
Dollar General – Building Permit is ready to be issued and working with consultant to start working on Demo and construction.
Grants:
Avenal Safe Route To School ATP Cycle 4 – The City is still progressively working on the crosswalk project on Skyline Blvd. The City has contracted with QK to create the preliminary Feb 24, 2022 Pg. 35
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 7. A-1
documentation and we have had numerous conversations with Caltrans in regards of the project.
The revised minor scope of work has been approved by Caltrans and a 60% construction package has been sent to the city for quick review. I have forwarded the construction packet to the City engineer and Public Works Department as well as the City Manager for their review and comments. Currently, QK will be setting up a meeting with City engineer and PW to discuss comments.
Avenal Kids Park – The City Will be starting the Finalized Bid Package for construction with O’Dell. All preliminary sketches and drawing have been reviewed and tentatively approve by City Staff. The draft Construction Bid package has been submitted to the city for review. The City has conducted O’Dell to move forward with project and a Final Bid Package will be coming soon.
Prop 1 Grant (Planning Grant) 18in Transmission Line – City Staff is working on disbursements for work already performed to close out the planning grant and start working with the Construction Grant of Prop 1 Grant.
Misc.:
Utilities and Mortgage Assistance Program workshop with Self Help Dates Scheduled at the Avenal Technology Center from 5:00 PM to 7:00 PM March 16, 2022
April 20, 2022
May 18,2022
June 15, 2022
Feb 24, 2022 Pg. 36
AVENAL POLICE DEPARTMENT
City Council Agenda Item
To: Avenal City Council & City Manager Antony V. Lopez
From: Kevin Carr, Police Captain (A)
Date: February 17, 2022
Re: January 2022 Monthly Report
Investigations
• Detective Voyles and Officer Shoemake investigated a juvenile who wanted to hurt himself and was armed with a knife. Officers and KCSO Dispatch utilized de-escalation techniques for nearly an hour the juvenile was safely detained with no harm to himself or officers. • Officers Shortnacy and Jimenez investigated a burglary in which an iPad was stolen. They were able to locate the suspect who resisted arrest. The suspect was safely taken into custody without injury to herself or officers.
• Officers were dispatched to a verbal disturbance involving gang members in the 1100 block of Whitney Street. Ultimately it was determined a single gunshot was fired during the argument.
Officers ultimately located a bullet hole in an apartment and the bullet. During the investigation officers and detectives were able to locate the intended victim who is less than cooperative with them. Officers are still actively investigating the shooting. • Officers were dispatched to the 300 block of Solano Street for a shooting. Officers and Detectives were able to locate physical evidence of the shooting and are actively investing the shooting. • Officers were dispatched to multiple fraudulent 911 calls for shootings, mass gang fights and injured persons throughout the month. A single male subject was responsible for these calls. The male subject does this when he is under the influence of methamphetamine. The male subject was arrested multiple times for being under the influence of methamphetamine and false 911 calls. • Detectives conducted a probation search in response to the shootings and located a gang member in possession of ammunition and AR-15 magazine in the City of Coalinga. The subject was arrested for being a felon in possession of ammunition.
Feb 24, 2022 Pg. 37
2 • Officer Risk investigated a male subject who was drunk and challenging random people to fight in the street. The male subject was arrested and booked into jail for misdemeanor and felony charges.
• Officers worked with representatives from KCAO and contacted homeless persons to offer services.
• Officer Risk investigated a lost one year old child who was found out in public alone at an apartment complex. Officer Risk was able to locate the parents and return the child safely home. • Officer Shortnacy and Officer Jimenez investigated a call of a kidnapping of a middle school aged female who was taken in a vehicle while walking home. Officers were able to locate the possible suspect vehicle and juvenile who was safe with family. The kidnapping was fortunately an unfounded report.
• Avenal Police Activities League Boxers competed in early February at the National Boxing Competition. One Avenal PAL boxer earned a National First Place Medal and another earned a National Second Place Medal. Public recognition for these achievements will be coming soon! Feb 24, 2022 Pg. 38
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: February 24, 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.
Feb 24, 2022 Pg. 39
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: February 24, 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.
As of February 21, 2022, USBR has not published or indicated what the water allocation for the 2022-2023 water year will look like for Municipal & Industrial (M&I). Staff will keep the Council appraised of any changes.
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.
Feb 24, 2022 Pg. 40
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: Antony V. López, City Manager
DATE: February 24, 2022
RE: Consider Ordinance 2022-01: Amending Portions of the Personnel System in Article 2 of Chapter 4 of Title 2, Pertaining to Adoption and Amendment of Rules and Appointments
INFORMATION:
Given the past year of staffing challenges due to COVID-19 and ever-changing regulations for worker health and safety, the current staff at City Hall has more often than not, been overwhelmed in managing the day-to-day duties of providing quality service to the residents of Avenal, while at the same time promptly fulfilling titular responsibilities or at the same time filling in duties for fellow staff members.
Council has noted in the past that as the City continues to grow, staffing needs will also continue to expand and City Hall must grow accordingly. Given current challenges to efficient growth, including persistent recruiting challenges, further changes to the City’s municipal code are necessary to allow the City the flexibility to meet evolving needs and circumstances.
Attached is the first reading an ordinance to amend certain portions of the City’s Municipal Code as it relates to the appointment of temporary (interim or acting) positions. This ordinance will add language allowing for the timely hiring for vacant positions which must be immediately staffed, and flexibility when considering minimum requirements, training, and experience qualifications, which may be waived if deemed appropriate by the City Manager or designee.
Adopting these changes will allow City Staff to more quickly fill vacancies that may exists due to the changing jobs market, or likewise fill new positions which may be created in the future and would require immediate attention. In some cases, such as when a department head is absent from their office or is outside of the City, subordinate staff often fill-in on a short-term “acting” basis. Therefore, this practice is not unprecedented and the update to the municipal code is merely clarifying of existing practice to some degree.
To further clarify the municipal code, the ordinance includes language which defines temporary appointments as lasting no longer than six-months, with possible extension(s) only with majority consent or approval of the Council.
RECOMMENDATION:
Waive the first reading of Ordinance 2022-01 and request the item be brought back at the next Regular Council meeting for a second reading and adoption.
FISCAL IMPACT:
None.
Feb 24, 2022 Pg. 41
ORDINANCE NO. _2022-01_
AN ORDINANCE OF THE CITY OF AVENAL AMENDING
PORTIONS OF THE PERSONNEL SYSTEM IN ARTICLE 2 OF
CHAPTER 4 OF TITLE 2, PERTAINING TO ADOPTION AND
AMENDMENT OF RULES AND APPOINTMENTS.
THE CITY COUNCIL OF THE CITY OF AVENAL DOES ORDAIN AS
FOLLOWS:
Section 1. PURPOSE. The provisions of this ordinance are necessary for the efficient operation of the City of Avenal (“City”) in order to establish efficient regulations, policies and procedures for the timely hiring for vacant positions which must be immediately staffed, as well as interim and temporary appointments. This ordinance is also intended to clearly define the scope of authority for Temporary Appointments.
Section 2. AMENDMENT. Section 2-4.205 of Article 2 of Chapter 4 of Title 2 is hereby revised to read in its entirety as follows:
2-4.205 Adoption and amendment of rules.
Personnel rules shall be adopted by resolution of the City Council. The rules may establish regulations governing the personnel system, including:
(a) Preparation, installation, revision and maintenance of position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class.
(b) Appropriate announcement of the selection process and acceptance of application for employment.
(c) Preparation and conduct of tests and the establishment and use of resulting employment lists concerning names of persons eligible for appointment. (d) Certification and appointment of persons from employment lists, and the making of temporary appointments on interim or acting basis. (e) Establishment of probationary testing periods.
(f) Evaluation of employees during the probationary testing period and thereafter. (g) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service.
(h) Separation of employees from the City service.
(i) The establishment of any necessary appeal procedures. (Ord. 89-02 § 5, 1989)
Feb 24, 2022 Pg. 42
Section 3. AMENDMENT. Section 2-4.206 of Article 2 of Chapter 4 of Title 2 is hereby revised to read in its entirety as follows:
2-4.206 Appointments.
Appointments to vacant position in the competitive service shall be made in accordance with the personnel rules. Appointments and promotion shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations may be used and conducted to aid the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical ability test, evaluation of daily work performance, work samples or any combination of these or other tests. The probationary period shall be considered an extension of the examination process.
Physical, medical and psychological tests may be given as a part of any examination.
In any examination the City Manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.
The appointing authority of employees in the competitive service is the City Manager. The City Manager may delegate the appointing authority to any other officer of the City.
Temporary Appointments: under circumstances when it is necessary, convenient or advisable for a vacant position to be immediately staffed, a temporary (interim or acting) appointment may be made by the appointing authority. When making a temporary appointment, the minimum requirements, training and/or experience qualifications for the position, according to corresponding job description, and any competitive examination and/or criteria may be waived in writing at the discretion of the City Manager or designee.
An employment list shall be established within six (6) months for any permanent position filled by temporary appointment. The City Manager or designee, with the majority consent or approval of the city council, may extend the period for any temporary appointment to any position for not more than sixty (60) days each time an extension is made.
(Ord. 89-02 § 6, 1989)
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].
Feb 24, 2022 Pg. 43
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 lawsuit 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, 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 ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Feb 24, 2022 Pg. 44
_Hanford Sentinel__, a newspaper printed and published in 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 _February 24, 2022_ at a regular meeting of said Council duly and regularly conveyed on said day by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ALVARO PRECIADO, Mayor
CITY OF AVENAL
ATTEST:
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
Feb 24, 2022 Pg. 45
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
Adoption of Ordinance Amending Portions
of the Personnel System in Article 2 of
Chapter 4 of Title 2, pertaining to
Personnel Rules and Appointments.
RESOLUTION 2022-_____
WHEREAS, the City Council of the City of Avenal (“City”) has considered the report from City staff and all public comment(s), if any, on the need to enact an ordinance amending certain portions of the Avenal Municipal Code as it relates to temporary (interim or acting) appointments;
WHEREAS, the City finds that it is necessary to allow the City the flexibility making temporary appointments in order continue to meet evolving needs and circumstances including, but not limited to, those occasions when the recruitment process may take a while or when incumbent staff will be absent for an extended period of time; and
WHEREAS, the City now desires to proceed with the process of enacting Ordinance No. 2022-01, by introducing the same and scheduling a second reading/waiver of the same.
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 February ___, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
HARLIN CASIDA, Mayor,
CITY OF AVENAL
MARIA ORTIZ, City Clerk
CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true;
2. Introduced and waived the first reading of Ordinance No. 2022-01;
3. Ordered that proposed Ordinance 2022-01 be added to the agenda for the next regular City Council meeting, for a second reading or waiver thereof and consideration for enactment; and
4. 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.
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