Agenda — City Council/Successor Agency/Public Finance Authority, October 27, 2022

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
OCTOBER 27, 2022; 6:15 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: Review Council Ethics and Values 5:00pm
LAST ORDINANCE: 2022-06
(SA) LAST RESOLUTION: 2022-02
CITY LAST RESOLUTION: 2022-56
PFA LAST RESOLUTION: 2022-02
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. None

4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

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.

Avenal PD New Officer Introductions: Officer Roldan Deleon, Sergeant Jesus Mendez, Records Clerk Tamaya Bates

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: October 13, 2022.

6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR
CONSIDERATION:

A. Review and Discuss Council Ethics & Values: Antony V. López, City Manager, (Informational) B. Discuss future dates for Strategic Planning and Goal Setting workshops: Antony V. López, City Manager, (Informational)

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Community & Economic Development Report: Kao Nou Yang, Director

2. Police Department Activity Report: Robert Nevarez, Chief of Police B. Special Presentations/Reports:

1. None.

October 27, 2022 Pg. 1

8. PUBLIC HEARING(s):

Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority:

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. Review Draft City of Avenal Purchasing Manual: Griselda Price, Director of Administrative Services (Discussion/Informational).

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.

B. 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, October 24, 2022. __ /s/ Maria Ortiz
Maria Ortiz, City Clerk
October 27, 2022 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL / AGENCIA
SUCESORA / PFA EL 27 DE OCTUBRE DE 2022; 6:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA A TRAVÉS DE VIDEO/CONFERENCIA WEB DE ZOOM:

Enlace web: bit.ly/AvenalCouncil o utilizar https://us02web.zoom.us/j/87243440488 O llamando al +1 669 900 6833 y use el ID de reunión 872 4344 0488 para unirse.

Sesión de Estudio: Ética y Valores del Consejo de Revisión 5:00pm ÚLTIMA ORDENANZA: 2022-06. CIUDAD ÚLTIMA RESOLUCIÓN: 2022-56 (SA) ÚLTIMA RESOLUCIÓN: 2020-02 PFA ÚLTIMA RESOLUCIÓN: 2022-22 AGENDA

1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD:

2. PASE LISTA: Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde interino Alejandro Ramírez; Alcalde Álvaro Preciado.

SECRETARIO MUNICIPAL:

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 haber sido elegidos para el Concejo Municipal. No reciben ninguna otra compensación por sentarse como miembros de la Agencia sucesora.

3. SESIÓN CERRADA: (Ciudad/ Agencia sucesora):

La intención de este órgano rector es reunirse a puerta cerrada 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. Ninguno

4. COMENTARIOS PÚBLICOS/ANUNCIOS Y APARICIONES NO PROGRAMADAS:

Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre cualquier tema de la agenda o sobre cualquier otro tema de interés para el público que esté dentro de la jurisdicción 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.

Presentaciones de nuevos oficiales de Avenal PD: Oficial Roldan Deleon, Sargento Jesús Méndez, Empleado de registros Tamaya Bates

5. CALENDARIO DE CONSENTIMIENTO:

Todos los elementos enumerados en el calendario de consentimiento son rutinarios y promulgados por una moción: (Acción).

A. Considere la aprobación de las actas de la Ciudad de Avenal / Agencia Sucesora para : 13 de octubre de 2022.

6. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / TEMAS A
CONSIDERAR:

A. Revise y discuta la ética y los valores del Consejo: Antony V. López, Administrador de la Ciudad, (Informativo)
B. Discuta las fechas futuras para los talleres de Planificación Estratégica y Establecimiento de Metas: Antony V. López, Administrador de la Ciudad, (Informativo)
October 27, 2022 Pg. 3

7. INFORMES DE ACTIVIDADES/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:

A. Informes de actividad:

1. Informe sobre la comunidad y el desarrollo económico: Kao Nou Yang, Director

2. Informe de Actividades del Departamento de Policía: Robert Nevarez, Jefe de Policía B. Presentaciones especiales/informes:

1. Ninguno.

8. AUDIENCIA(s) PÚBLICA(s):

Audiencia conjunta del Fondo de Obligaciones Fiduciarias RDA de la Agencia Sucesora de la Ciudad de Avenal / Autoridad de Finanzas Públicas:

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. Revise el borrador del Manual de Compras de la Ciudad de Avenal: Griselda Price, Directora de Servicios Administrativos (Discusión/Informativo).

CORRESPONDENCIA/ANUNCIOS/ COMENTARIOS FINALES:
• Temas del programa próximos/futuros que han de examinarse. • Correspondencia/Anuncios/Información/ Comentarios finales.

B. APLAZAMIENTO:
1) En cumplimiento con la Ley de Estadounidenses con Discapacidades, 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 tema de esta Agenda presentados al [Consejo/Autoridad] después de la distribución del paquete de agenda están disponibles para inspección pública en la oficina de [Secretarios de la Ciudad] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal .

Certifico que este taller de Agenda del Ayuntamiento 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 en, 24 de octubrede 2022. __/s/ María Ortiz
Maria Ortiz, Secretaria Municipal
October 27, 2022 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
OCTOBER 13, 2022; 5:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:

Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:37 p.m.

ROLL CALL: Councilmembers: Ricardo Verdugo, Pablo Hernandez, Luis Gravelle, Mayor Alvaro Preciado.

ABSENT: Mayor Pro Tem Alejandro Ramirez.

STAFF: Lopez, Ortiz, Bermudez, Davis, Lara-Nieto, Price, Nevarez, Williams.

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

The City Council went into Closed Session at 5:39 p.m.

CLOSED SESSION: (City/Successor Agency):

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
Mayor Preciado re-opened City Council meeting at 6:13 p.m. with nothing to report out of Closed Session.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS:

Chief Nevarez introduced newest Police Captain Leonard Lujan - veteran of law enforcement 29 years and spent 23 years with the Fresno Police Department, overseeing a variety of different units. Also, Lieutenant Colonel in the Air Force 144. and he has an incredible amount of experience and organizing things and logistics and so forth. We are really fortunate to have him.

Captain Lujan thanked everyone because staff has been very welcoming. The City Council welcomed to City Family.

Also, new Police Officer Harley Reed - came on board a couple of weeks ago. Also, veteran of the US Marine Corps and prior law enforcement experience. Officer Reed thanked the City Council for the opportunity. The City Council welcomed to City Family.

Chief Nevarez promoted Bill Stryd and hired new Sergeant Jesus Mendez came from the Selma Police Department. November 9th, they will have Public Safety Appreciation Night. The Sheriff's Department will be there, Fire Department, California Department of Corrections, American Ambulance, Cupcakes, POA cooking hotdogs and DJ. Thanked Anna for all her help and invited the residents and City Council. The Police Department was interview by the Hanford Sentinel yesterday. McKenzie Rankin was doing a story on our department and what we are doing to build trust with the community, and she got the interview Mariano Sanchez, speaks three different languages and dialects and obviously Spanish. So that is going to come out tomorrow Thank you.

CONSENT CALENDAR:

All items listed under the consent calendar are routine and enacted by one motion: (Action).

A. Consider Approval of Minutes for SpecialJoint Meetings between the Avenal City Council and Reef-Sunset Unified School District for: April 7, 2021, and September 21, 2022
AGENDA ITEM NO. 5. – A.

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Joint Meeting City Council/Successor Agency/PFA – October 13, 2022

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B. Consider City of Avenal/Successor Agency’s Approval of Minutes for: September 22, 2022.

C. Consider Entering into an M.O.U. with Avenal Rotary Club for 2021 Pistachio Days Celebration.

Council Member/Successor Agency Member Gravelle made a motion to approve Consent Calendar as presented, seconded by Council Member/Successor Agency Member Hernandez, and motion carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Verdugo, Preciado.

NOES: None.

ABSENT: Ramirez.

ABSTAIN: None.

MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:

A. Resolution of Commendation for the Altimus & Moran Family (Presentation).

Antony Lopez, City Manager read and presented the Altimus & Moran Family with a Resolution of Commendation. Maria Ortiz, City Clerk presented and read certificate commendation from Senator Melissa Hurtado. Clayton M. Smith Kings/Tulare County Field Representative Office of Congressman David G. Valadao (CA-21) presented and read Congressional Certificate of Recognition for the Altimus and Moran families separately
Ron Moran thanked everyone, and Avenal is home. It has been blessed and honor serving Avenal and families and remembers all the families that have gone through Avenal Lumber & Hardware.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Community Activities Department: Anna Lara-Nieto, Senior Recreation Leader.

Anna Lara-Nieto, Senior Recreation Leader reported the following: 1) Upcoming Events – Oct. 14/15th : Flea Market/Pistachio Festival, Oct. 21st Movie at the Theater, Oct. 28th Trunk or Treat / Halloween Dance & November 1st Día de los Muertos/Day of the Dead; 2) On Going Programs: Zumba: M/W/TH – from 7:00 – 8:00 p.m., Veterans Hall -Community open hours 9AM, Parent Support Classes, Karate, Nov. 9th APD First Responders Appreciation Day Event; 3) Oct. rentals: Rec Center – 2 rentals, Theater – 1 Pavilion 1 and Oct. 14&15th Pistachio Festival.

2. IT Department Activity Report: HumbertoBermudez,ITManager.

HumbertoBermudez,ITManager reported the following: 1) Phone System, 2) Server; 3) New computers are ready for deployment. VPN access is provisional but preconfigured with our VPS (Virtual Private Server) provider. Should staff need to work outside of their stationed areas, any web traffic is fully encrypted and safe to use for public ; 4) Clerk Software: City Clerk and IT performed a dry run with a mock-up packet; 4) Other: Submitted the Technology Usage and Remote Work Policies to the City Attorney for review, already reviewed by City Manager, Director of Administrative services, and other department heads. Once finalized, may bring back to Council for formal adoption (see attached) 5) working with Community Activities and Public Works to perform neon and projector maintenance at the Avenal Theater to prepare for Fall-Season events; and 6) -Continues to work with KCAG to allow regular remote viewing and participation of their monthly Technical Advisory Committee and Transportation Policy Committee and KCAG Commission meetings. -Continues to maintain the city website and provide tech support across all facilities.

3. Public Works/Building/Code Enforcement/Animal Control Departments Activity Report: Rob Williams, 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.

B. Special Presentations/Reports:
1) None
Moses Diaz, City Attorney mentioned that the City Council need to go back and approve Resolution of Commendation for the Altimus & Moran Family.

RESOLUTION 2022-53: Resolution of Commendation for the Altimus & Moran Family. Councilman Verdugo motioned to approve Resolution of Commendation for the Altimus & Moran Family, seconded by Councilman Gravelle and motion carried.

October 27, 2022 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – October 13, 2022

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Roll Call Vote:

AYES: Verdugo, Gravelle, Hernandez, Preciado.

NOES: None.

ABSENT: Ramirez.

ABSTAIN: None.

PUBLIC HEARING(s):

Continued Joint Hearings of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority:

A. Consider Proposed City of Avenal Fiscal Year (FY) 2022/2023 City Budget /Fees & Charges:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution (including Fees & Charges).

Note: Funding Requests included in FY 2022/2023.

B. Consider Proposed Avenal Successor Agency/RDA Debt Obligation Fund (FY) 2022/2023 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

C. Consider Avenal Housing Authority (FY) 2022/2023 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

D. Consider Proposed Finance Authority Public Finance Authority (PFA) Fiscal Year 2022/2023 City Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

City Manager Lopez went over the budgets with the City Council for about 30-minutes. Staff provided a revenues and expenditure as already reviewed and highlight some of the differences. It was a very tough budget to prepare, and copies are available Exhibit A.

Mayor Preciado opened Public Hearings at 7:47 p.m.

Councilman Gravelle has concerns regarding Fiscal Year Budgets that have not been approve like 2019/2020 & 2021/2022. City Manager Lopez mentioned that their working with auditors and almost finalized.

Mayor Preciado Closed Public Hearing at 7: 51 p.m.

After a brief, discussion the following action was taken:

RESOLUTION 2022-53: RESOLUTION OF COMMENDATION FOR ALTIMUS & MORAN FAMILY. Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motioned carried.

RESOLUTION 2022-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL, ADOPTING THE CITY BUDGET FOR FY 2022-2023. Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motioned carried.

RESOLUTION 2022-55: A RESOLUTIO OF THE CITY COUNCIL OF THE CITY OF A VE AL, APPROVING CHANGE TO FEE/CHARGE SCHEDULE AS PART OF FY 2022/23 BUDGET. . Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motioned carried.

SA RESOLUTION 2022-02: A RESOLUTION OF THE AVENAL SUCCESSOR AGENCY/RDA DEBT OBLIGATION FUND OF THE CITY OF A VE AL ADOPTING THE AGE CY'S FISCAL YEAR BUDGET 2022/2023. Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motioned carried.

PFA RESOLUTION 2022-02: A RESOLUTION OF THE AVENAL PUBLIC FINANCING AUTHORITY OF THE CITY OF AVENAL ADOPTING THE AVENAL PUBLIC FINANCING AUTHORITY FISCAL YEAR 2021-2022 BUDGET.

Councilman Verdugo motioned to approve as presented, seconded by Councilman Hernandez and motioned carried.

October 27, 2022 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – October 13, 2022

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Roll Call Vote:

AYES: Verdugo, Hernandez, Gravelle, Preciado.

NOES: None.

ABSENT: Ramirez.

ABSTAIN: None.

A. Consider Extending Local Emergency Declared on March 24, 2020:

City Manager 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 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.

Councilman Verdugo motioned to approve as recommended, seconded by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Preciado.

NOES: Gravelle.

ABSENT: Ramirez.

ABSTAIN: None.

B. Consider Extending Local Emergency Declared on May 27, 2021:

City Manager Lopez reported that the 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:

Councilman Verdugo motioned to approve as recommended, seconded by Councilman Gravelle and motion carried.

Roll Call Vote:

AYES: Verdugo, Gravelle, Hernandez, Preciado.

NOES: None.

ABSENT: Ramirez
ABSTAIN: None.

NEW BUSINESS:

A. Consider Authorizing City Manager to Sign a Letter of Support to Westlands Water District's Application of California Department of Water Resources' Water Desalination Grant Program Round 4:

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City Manager Lopez reported that Westland is requesting a letter of support because their applying for grant of California Department of Water Resources' Water Desalination Grant Program Round 4.

The City Council was in consensus with the letter of support and City Manager can sign said letter.

Councilman Verdugo motioned to approve letter of support, seconded by Councilman Gravelle and motion carried.

Roll Call Vote:

AYES: Verdugo, Gravelle, Hernandez, Preciado.

NOES: None.

ABSENT: Ramirez
ABSTAIN: None.

B. Consider Resolution to Recognize and Inaugurate New Park Space at 253 E. Kings Street “Rotary Pop-Up Park” City Manager Lopez reported that, A lot on King Street next to the subway at the storage for bulky items, tables and chairs for events that occur at King Street. Rotary has used this space in the past to store it storage and host the Horseshoe tournament during Pistachio Festival. Over time, this sight became an eyesore. Now staff worked to clean it up and a lot of improvement the fence and the back of the alley. Rotary, in an effort to continue contributions to the community, applied for a Rory's inner international grant along with the Avenal Historical Society and Museum to develop a pop-up park in Ave Health, proposed the city empty lot. Into an open space for all to enjoy. Although progress was slow, Avenal Rotary did clean up the lot and brought in synthetic grass, picnic tables, paint, and shade shade sails to fix up the space. The city's Public Works crew helped bring all items together, laying them down the synthetic grass and installing the poles for shade sails.
the proposed. Oh, calling the space A pop-up park is to allow the city. The option to again reproposed the property for another use in the furniture without the risk of closing anything at all. All the added items can be moved to another location.

In closing. As a new park is finalized and off opened to coincide with 2022 Pistachio Day, festival staff recommends adopting a resolution to recognize. The open space as park, host, and inauguration to welcome the community to this new space at the start of the Pistachio festival on October 14th, 2022. Due to the multiple partners involved in recreating the space, the popup park will be named Rory Pop-up Park. And recognize all those involved.

RESOLUTION 2022-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL RECOGNIZING AND INAGURATING A NEW PARK SPACE AT 253 EAST KINGS STREET, ·'ROTARY POP-UP PARK''. Councilman Verdugo motioned to approve new space at 253 E. Kings St. for pop-up park, seconded by Councilman Gravelle and motion carried.

Roll Call Vote:

AYES: Verdugo, Gravelle, Hernandez, Preciado.

NOES: None.

ABSENT: Ramirez
ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Antony Lopez reported the following: 1) Thanked the Council for passing the Budget and speedy meeting.

Mayor Preciado reported the following: 1) thanked the staff; and 2) attended many meetings and be safe.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 8:57 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
October 27, 2022 Pg. 9
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 6. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: October 27, 2022
RE: Review and Discuss Council Ethics & Values
INFORMATION:

Over a year ago, Staff was directed to introduce updated Council Norms for use during public meetings to help improve the efficiency and effectiveness of the public’s time.

The draft Council Norms (Attachment A) was introduced at the February 25, 2021 Council Meeting, but not formally adopted. Subsequently, the City Clerk noted that a set of Ethics & Values, as well as Principle, Norms, Standards and Best Practices “Council of Trust,” were originally adopted by Resolutions in 2013 (Attachments B & C).

As the Council continues to progress and modernize many practices, such as digital agendas and virtual meetings, it may be time to fully review and revise the current norms and practices to meet current needs.

Some items to consider
• Allowing for digital copies of the packet to be distributed to Councilmembers • If virtual attendance continues to be allowed by the State, creating guidelines to virtual participation by councilmembers
• If virtual meetings continue, any rules for recognizing public comments from other social media hubs, creating deadlines for public comments.
• Procedure and decorum for discussing topics during meetings to help expedite meetings Staff is seeking direction from Council regarding the currently adopted norms, potential to add or revise the adopted practices, borrow from other examples (like Coalinga) and the need to host another goal setting workshop in the near future to update the Council’s priorities and goals.

October 27, 2022 Pg. 10
DRAFT

AVENAL CITY COUNCIL NORMS
! Demonstrate honesty and integrity in every action and statement ! Inspire public confidence in our city government
! Work for the common good, not personal interest
! Respect the proper roles of elected officials and City staff in ensuring open and effective government
! Communicate through the City Manager
! Questions and concerns from community members, point them to the source (i.e., department heads)
! Prepare in advance of Council meetings and be familiar with issues on the agenda – ask questions the day before the meeting
! Fully participate in City Council meetings and other public forums while demonstrating respect, consideration, and courtesy to others ! Participate in scheduled activities to increase Council effectiveness ! Share information with other Councilmembers about committee meetings attended
! Work for win-win -- strive for consensus and seek common ground ! Honor “discussion” before “decisions” – reserving making formal motions until initial discussions have taken place
! Disagree agreeably and professionally – respect and move on ! Share information and avoid surprises
! Approach the business of governing in a professional manner – conducting business in a way that brings honor to the institution of government ! Praise in public; criticize in private
! Work together as a body, modeling teamwork and civility for our community
! Cellphones on “silent” during meetings – excuse yourself if you must take an emergency call
! Use hand gestures to indicate “moving on” or going around the table in order to reach a consensus
October 27, 2022 Pg. 11
RESOLUTION NO. 2OO3 _ T7
A Rf,SOLUTION OF TEE CITY COUNCIL OT THE CITY OF AVENAL ESTABLISHING "A COANCIL OF TRUST" _ PRINCIPLE,g, NORMS, STANDARDS AND BEST PRACTICES" AS A GUIDELINE FOR INDryIDUALS RUNNING FOR CITY OF AYENAL f,LECTED OFFICE:
" Running for office and liuing our values.t'
WEEREAS, the City Council desires to set forth policy regarding the principles, norms, stendards and best practices for individuals running for elected office; and WHEREAS, it is in the best interest of the City of Avenal and the community xs a whole that guidelines be established for those running for elected oflice.

NOW, THEREFORE, Bf IT RESOLVED that the City Council of the City of Avenal does hereby adopt "A COUNCIL OF TRaST" - Principles, Norms, Stanfuirds and Best hactice.r" as included in Attachment A, Be it further resolved that all individuals running for City of Avenal elected oflices shall receive a copy ofthe attached guidelines.

PASSf,D AND ADOPTEI) at a regular meeting of the Avenal City Council on the 8th day of May 2003 by the following vote:

AYES: CITASTINE, ELLIOTI ' CASIDA' CRATGEEAD, I{OOIJ^ET.

NOES: xoNf,.

ABSENT: NONE.

ABSTAIN: Nol{E.

S
N Garza,
n*o*rfu
Bill Woolley, MAYOR-
)
October 27, 2022 Pg. 12

A CITYOFAVENAL
..A COUNCILOF TRUS?'
Principles, Norms, Standerds, and Best Practices
ttpnnning for offic€ aad liuiog our ualues,"
I.

Following Set Guiding Prirciples
) Iook at the law and also at'the rigtt tiing to do'.
) Hold yourself atrd each odrcr to the higher standard. ) Honor the common good; represent community.
) Separate role as Couacil member from role as candidate; honor your role as a Council memberi act as a member of the Council Team.
) Assume all are herc for service ofCity,
) Think snategically; educate.
) Communicate consistendy that ethics is upfront in any campaign.

II.

Usiag Specific fiorrns and Standards":
! Dont iump to corrclusions.
! Avoid finger pointing.

F Stick to the issues.
) Tell the truth'don't mislead.
) Rely on facs and interpret them as fairly as you can. ) Arcid imprcssion of rcpresenting City - overstating our contdbution. ) Don't assume you lorow aomeone else's motive; attribute positiw motivc of service to community.
) Treat other with respecq Gold Rule ("Ircat others as you would want to be reated.' And altemately: *Vhat you do not wish done to you, do not do to others.")
) Respect the proccss.
) Respcct City resources.
fu.

Adopting fBest Practices"
D Wait - get the facts.
) Talk to each other; go direcdy to the odrr person - discuss. ) Arrive at ground rules with your opponents beforehand if at all possible. > Cornmurfcat€ your ethics clearly ahead of time to your staff and workers. ) Make clear to all {fhird Parties' how you're running your campaign and what you will do if anyone distor6 or attacls an opponent in an unethical mannet.
) Appoint and empower a campaign Btaff who is conscientious to help when time ia ehort arrd stressed.
) Ask the *ethics' questions by habitj use the dccision making tool, and especially ask How does this decision advance the Ciq/s values in obest practices?" What ethical reason makes this the 'tight thing to do?" ) Use 'ethics" language to explain your decisions.
) Harc something wrinen stand 'the test of dme'.
! Be able to look at ,purself in the mirror at the end of the day, and set a high standard for what 1ou want to see.

The following is a set of "norms" to guide those running for elected office.

October 27, 2022 Pg. 13
RESOLUTION NO. 2OO3 _r8
A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF AVf,NAL ESTABLISEING "A CODE OF ETHICS AND VALAES" FOR ALL ELECTED AND APPOINTED OFFICIALS, CTTY f,MPLOYEES, VOLUNTEERS AND

OTEERS WHO PARTICIPATE IN THE CTTY'S GOVERNMENT BY
FOLLOWING AND PRACTICING ITS EIGHT CORE VALUES.

WEEREAS, the City Council desires to set forth policy establishing a City of Avenal "Code of Ethics and Values'for all elected and appointed olficials, City employees, volunteers and others who participate in the City's goverrment to follow and practice; and
WEERf,AS, this "Code" is for the purpose of promoting and maintaining the highest standards of personal and professional conduet in the City's government; and
WHEREAS, the *Code" includes eight core values in be followed and practiced by all those who participate in the City's government; and WHEREAS, it is in the best interest of the City of Avenal and the community as a whole that "A Code of Ethics and Values" be established.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avenal does hereby adopt "A CODE OF ETHICS AND VALUES" as included in Attachment A.

PASSED AND ADOPTED at a regular meeting of the Avenal City Council on the 8th day of May 2003 by the following vote:

AYES: ELLIoTT, CEASTIIIE, cAsIDA, CRATGEEAD, IIooLLET.

NOES: NoNE.

ABSENT:NorE.

ABSTAJN: Nol{E.

APPROVED:

Bill Woolley, MAYO
N arza, CITY
)ACLE
/
October 27, 2022 Pg. 14
City of Avenal Code of Ethics & Values - Page 1 of 3

CITY OF AVENAL
"CODE OF ETHICS AND VALVES”
PREAMBLE:

The proper operation of democratic government requires that decision makers be independent, impartial, and accountable to the people they serve. The City of Avenal has adopted this "Code of Ethics and Values" to promote and maintain the highest standards of personal and professional conduct in the City's government. All elected and appointed officials, City employees, volunteers and others who participate in the City's government are required to subscribe to this "Code", understand how it applies to their specific responsibilities, and practice its eight core values in their work. Because we seek public confidence n the; City's services and public trust of its decision makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this code.

I. As a Representative of the City of Avenal, I will be "ethical." In practice, this value looks like:
➢ I am trustworthy: acting with the utmost integrity and moral courage. ➢ I am truthful: "do what I say I will do".
➢ I am dependable.
➢ I make impartial decision: free of bribes, unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of judgment or action. ➢ I am fair: distributing benefits and burdens according to consistent and equitable criteria. ➢ I extend equal opportunities and due process to all parties in matters under consideration.

If I engage in unilateral meetings and discussion, I do so without making voting decisions.
➢ I show respect for persons, confidences and information designated as "confidential." ➢ I use my title(s) only when conducting official City business, for information purposes or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority.

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City of Avenal Code of Ethics & Values - Page 2 of 3
II.

As a Representative of the City of Avenal I will be "professional." In practice, this value looks like:
➢ I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner.
➢ I approach my job and work-related relationships with a positive attitude. ➢ I keep my professional knowledge and skills current and growing.

III.

As a Representative of the City of Avenal, I will be "service-oriented." In practice, this value looks like:
➢ I am receptive and provide friendly, courteous service to everyone. ➢ I am attuned to and care about the needs and issues of citizens, public officials, and City employees.
➢ In my interactions with constituents, I am interested, engaged and responsive.

IV.

As a Representative of the City of Avenal, I will be "fiscal> responsible.

In practice, this value looks like:
➢ I make decisions after prudent consideration of their fiscal impact, taking into account the long-term financial needs of the City, especially its financial stability. ➢ I demonstrate concern fo1· the proper use of City assets (e.g., personnel, time, property, equipment, funds, etc.) and follow established procedures. ➢ I make good financial decisions that seek to persevere programs and services for City residents.
v.

As a Representative of the City of Avenal, I will be "organized." In practice, this value looks like:
➢ I actin an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short and long-te1·m goals. ➢ I follow through in a responsible way, keeping others informed and responding in a timely fashion.
➢ I am respectful of established City processes and guidelines.

October 27, 2022 Pg. 16
City of Avenal Code of Ethics & Values - Page 3 of 3
VI.

As a Representative of the City of Avenal, I wilt be "communicative." In practice, this value looks like:
➢ I convey the City's care for and commitment to its citizens. ➢ I communicate in various ways that I am approachable, open “minded and willing to participate in dialog.
➢ I engage in effective two-way communication, by listening carefully, asking questions, and determining an appropriate response which adds value to conversations.

VII.

As a Representative of the City of Avenal, I will be "cooperative" and work "collaboratively."
In practice, this value looks like:
➢ I act in a cooperative manner with groups and other individuals, working together in a "spirit of tole1·ance'' and understanding.
➢ I work toward consensus building and gain value from diverse opinions. ➢ I accomplish the goals and meet the responsibilities of my individual position while respecting my role as a member of the team.
➢ I consider the broader regional and statewide implications of the City's decisions and issues, but the City of Avenal and the health, safety and welfare of our community shall be the priority.

VIII.

As a Representative of the City of Avenal, I will be "progressive." In practice, this value looks like:
➢ I exhibit an initiative-taking, innovative approach to setting goals and conducting the City's business.
➢ I display a style that maintains consistent standards, but is also sensitive to the need for compromise, "thinking outside of the box," and improving existing paradigms when necessary.
➢ I promote intelligent and thoughtful innovation to follow the City's policy agenda and City services.
►
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Decorum of City Council Members

1. Council Members shall:
a. put constituents first at all times;
b. treat each other, Staff, and the Public with dignity, courtesy, and respect; c. value all opinions, be tolerant of new and different ideas, and encourage creativity and innovation;
d. follow through on commitments and be accountable to each other; e. clarify when items are discussed in confidence and maintain appropriate confidentiality;
f. be attentive to others, limiting interruptions and distractions; g. encourage dissent in debate while being mindful not to prolong discourse or block consensus;
h. be candid with each other about ideas and feelings, and resolve conflicts directly;
i. keep comments clear, concise, and on-topic to maximize opportunities for all to express themselves;
j. continuously strive to improve how members work as a team; k. place clear and realistic demands on staff resources and time when requesting action;
l. start and end meetings on time, work from an agenda, and be present, attentive, and prepared;
m. present problems in a way that promotes discussion and resolution; n. continually work to build trust in each other;
o. treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments at all times, including but not limited to Council Meetings, social media, and public events;
p. be fair, impartial, and unbiased when voting on quasi-judicial actions; q. move to require the Mayor to enforce these Rules, and the Mayor shall do so upon an affirmative vote of a majority of the Council Members present; r. preserve order and decorum during the meeting;
s. not delay or interrupt the proceedings or the peace of the council, nor disturb any council member while speaking, by conversation or otherwise; t. prohibit disclosure of confidential communications and authorize public censure for failure to comply;
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u. support the Rules established by the Council; and
v. abide by these Rules in conducting the business of the City of Coalinga. w. value each other’s time;
x. attempt to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority;
y. have the right to dissent from, protest, or comment upon any action of the Council;
z. respect each other’s opportunity to speak and, if necessary, agree to disagree;
aa. avoid offensive negative comments and shall practice civility and decorum during discussions and debate; and
bb. assist the Mayor’s exercise of the affirmative duty to maintain order. cc. speak to the City Manager directly on issues and concerns but not give individual direction;
dd. treat staff professionally and refrain from publicly criticizing individual employees;
ee. avoid involvement in personnel issues except during Council closed sessions regarding council-appointed staff such as the City Manager and City Attorney, including hiring, firing, promoting, disciplining, and other personnel matters;
ff. discuss directly with the City Manager and/or City Attorney any displeasure with a department or Staff; and
gg. request answers to questions on agenda items from the City Manager, City Attorney, City Clerk, City Treasurer, Department Directors, or Division Managers prior to the meeting whenever possible.

Decorum of City Staff

1. City Staff shall:
a. prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparation schedule; b. be available for questions from Council Members in accordance with the Brown Act prior to and during meetings;
c. respond to questions from the public during meetings only when requested to do so by Council Members or the City Manager;
d. refrain from arguing with the Public or Council Members; and e. switch any electronic equipment such as pagers and cellular telephones to October 27, 2022 Pg. 19

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silent, airplane mode or off during Council meetings.
f. remain objective on issues and should not be advocates for issues unless so directed by the City Manager.

Decorum of the Public

1. Members of the public attending Council meetings shall observe the same rules and decorum applicable to the Council Members and staff as noted above.

2. Members of the public attending Council meetings shall not bring food items into the Council Chambers. Water is okay so long as the container it is in has a closed top.

3. No person shall engage in conduct that is intended to or is likely to provoke violent or riotous behavior, nor shall any person engage in conduct that disturbs the orderly conduct of the Council meeting. Examples of disorderly conduct include, but are not limited to, feet-stamping, whistling, yelling or shouting, organized silent demonstrations, physically threatening conduct, name calling, cursing, and similar demonstrations.

4. The Mayor shall request that a person who is breaching the rules of decorum cease the conduct. If the person does not cease the conduct immediately, the Mayor may declare that person to be in disorder as a result of their conduct and order the person to leave the Council meeting. The Coalinga Police Department shall assist the Mayor in enforcing the rules of decorum, including removing disorderly persons upon order of the Mayor.

5. Lobbyists shall identify themselves and the client(s), business, or organization they represent before speaking to the Council.

Addressing the Council

1. Purpose of Citizen Comments. During City Council meetings, the City provides opportunities for the public to address the Council as a whole in order to listen to the public’s opinions regarding unagendized matters within the subject matter jurisdiction of the City
a. Citizen comments should not be addressed to individual Council Members nor to City Officials, but rather to the Council as a whole regarding city business. b. While members of the public may speak their opinions on City business, personal attacks on Council Members and City Officials, use of swear words, and signs or displays of disrespect for individuals are discouraged as they impede good communication with the Council.
c. Consistent with the Brown Act, the public comment periods on the agenda are not intended to be “Question and Answer” periods or conversations with the Council and City Officials. The limited circumstances under which members October 27, 2022 Pg. 20

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may respond to public comments as set out in Rule 8.D.2. d. Members of the public with questions concerning Consent Calendar items may contact the Staff person who provided the report prior to the meeting to reduce the need for discussion of Consent Calendar items and to better respond to the public’s questions.
e. During Discussion items, the Mayor may stop a member of the public whose comments are not confined to the agendized item being heard.

2. Speaker time limits. In the interest of facilitating the Council’s conduct of City business, the following time limits apply to members of the public (speakers) who wish to address the council during the meeting.
a. Matters not on the agenda. Three minutes per speaker. b. Consent Calendar items. The Consent Calendar is considered a single item, and speakers are therefore subject to the three-minute time limit for the entire Consent Calendar. Consent Calendar items can be pulled at a Council Member’s request and will be considered individually, with up to three minutes of public comment per speaker.
c. Discussion Calendar items. Three minutes per speaker. d. Time limits per meeting.
(i) Each speaker shall limit his/her remarks to the specified time allotment. (ii) The Mayor shall consistently utilize the timing system. (iii) In the further interest of time, speakers may be asked to limit their comments to new materials and not repeat what a prior speaker said.

Organized groups may choose a single spokesperson who may speak for the group, but with no increase in time.
(iv) Speakers shall not concede any part of their allotted time to another speaker.
(v) The Mayor, with consensus of Council, may further limit, or expand, the time allotted for public comments per speaker or in total for the orderly conduct of the meeting; such limits shall be fairly applied.

Electronic Devices

1. Members of the public shall turn their electronic devices that are capable of emitting sound – including cellular telephones, personal data devices, pagers, digital tablets, laptop computers, etc. – to the off or silent mode during Council meetings.

2. Cameras. Cameras and recording equipment may be used during Council meetings only if:

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a. the devices are silent during use; and
b. the devices are used in a manner and at locations that do not impede walkways or others views of the meeting or disrupt the conduct of the meeting.

Location of Speaker

1. Members of the public shall not approach the dais without the express consent of the Mayor.

2. Members of the public wishing to address the Council must approach the podium when recognized by the Mayor and speak only from the podium.

3. Members of the public should, but are not required, to state their name and address before beginning comments.

MEETING TYPES AND SCHEDULES
Regular Meetings

1. The Council shall meet the first and third Thursday of each month generally beginning at 6:00 p.m. in the City Hall Council Chambers, 155 W. Durian Ave, Coalinga, California, except as otherwise provided in the annually adopted meeting schedule or as otherwise revised by the Council.

2. Whenever possible, Special Workshops shall take place in the Council Chambers.

Adjourned Meetings
As permitted by law, the Council may adjourn any Regular, adjourned Regular, Special, or adjourned Special meeting to a time and place specified in the motion of adjournment.

Any Regular, Adjourned Regular, Special, or Adjourned Special Meeting of the Council may be adjourned to a time and place specified in the order of the adjournment. Less than a quorum may so adjourn from time to time. If all the members of the Council are absent from a Regular or Adjourned Regular Meeting, the City Clerk or Deputy City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally or by mail to each member of the Council, the City Attorney, and to each local newspaper of general circulation and radio or television station requesting notice in writing. Such notice shall be delivered personally or by mail at least twentyfour (24) hours before the time of such meeting as set forth in the notice. A copy of the order or notice of an adjournment shall be conspicuously posted on or near the door of the place where the Regular, Adjourned Regular, Special, Adjourned Special Meeting was held within twenty-four (24) hours after the time of the adjournment.

When a Regular or Adjourned Regular Meeting is adjourned as provided in this October 27, 2022 Pg. 22

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section, the resulting Adjourned Regular Meeting shall be a Regular Meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the Adjourned Meeting is held, it shall be held at the hour specified for Regular Meetings by ordinance, resolution, law, or other rules.

Special Meetings
A Special Meeting of the City Council may be called at any time by the Mayor, Mayor Pro-Tem, or by a majority of the members of the Council by delivering personally or by mail a written notice to each member of the Council, the City Attorney, and to each local newspaper of general circulation and radio or television station requesting notice in writing. Such notice shall be delivered personally or by mail at least twentyfour (24) hours before the time of such meeting as set forth in the notice. The call and notice shall set forth the time and place of the Special Meeting and the business to be transacted. No other business shall be considered at such meeting. Such written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, files with the City Clerk or Deputy City Clerk, a written waiver of the notice. Such waiver may be given by telephone or by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting as the time it convenes.

Emergency Meetings

1. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the legislative body may hold an Emergency Meeting without complying with either the 72-hour or 24-hour notice and posting requirements for Regular and Special Meetings, but shall otherwise comply with the Brown Act procedures generally stated below.

2. Each local newspaper of general circulation and radio or television station that has requested notice of Special Meetings pursuant to the Brown Act, shall be notified by the Mayor of the legislative body, or designee thereof, at least one hour prior to the Emergency Meeting, or in the case of a dire emergency, at or near the time that the Mayor or designee notifies the Council of the Emergency Meeting.

3. This notice shall be given by telephone call to the numbers provided in the most recent request for notification.

4. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the Emergency Meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.

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5. During an Emergency Meeting, the legislative body may meet in closed session pursuant to the Brown Act if agreed to by a two-thirds vote of the members present, being not less than four votes of the Council.

6. All Special Meeting requirements in the Brown Act shall be applicable to an Emergency Meeting, with the exception of the 24-hour notice and posting requirement.

7. The minutes of an Emergency Meeting; a list of persons who the Mayor or designee of the Council, notified or attempted to notify; a copy of the roll call vote; and any actions taken at the meeting, shall be posted for a minimum of ten days in a public place as soon after the meeting as possible.

Closed Sessions

1. Closed Sessions generally shall be conducted on the first and third Thursday of every month or during Special Meetings held immediately prior to Regular Meetings.

2. In accordance with the Brown Act, the public may speak regarding any Closed Session item prior to the Closed Session.

3. All Closed Session information, verbal or written, is privileged and confidential and shall not be shared with any person not at the Closed Session. Any Council Member sharing information in violation of this rule may be subject to censure by the Council consistent with the Council’s confidentiality policy then in effect.

4. The City Attorney shall report out in open session any reportable actions that were taken by Council and the vote on such actions in accordance with the Brown Act.

Public Hearings

1. The city clerk shall set Public Hearing dates on all matters that require a notice and Public Hearing before the Council, such as matters received from the planning division and appeals to the Council.

2. Public Hearings will not be withdrawn or continued without the full knowledge and concurrence of the Council Members within whose districts/jurisdiction the issue resides.

3. The Council may refuse to grant a continuance of any Public Hearing unless there is a valid legal reason why the Public Hearing must be continued.

4. Continuances.
a. Any person (applicant, appellant, or designated representative) scheduled for a Public Hearing before the Council:
(i) may obtain one continuance for a period not to exceed the second Regular Meeting after the original scheduled Public Hearing date, as a matter of right, without personally appearing before the Council on October 27, 2022 Pg. 24

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the scheduled hearing date, provided a written request for the continuance must be delivered to the City Clerk by noon on the day prior to the scheduled Public Hearing. Any person, who has once obtained a continuance by any procedure, may not obtain a subsequent continuance by notifying the City Clerk as provided in this Rule 6.F.a(i).
(ii) who wants to obtain a continuance of the Public Hearing beyond the second Regular Meeting after the original scheduled Public Hearing date, or has not notified the City Clerk as provided in Rule 6.F.4.a(i), may obtain a continuance only by appearing before the Council at the time the original Public Hearing is scheduled and requesting a continuance. This continuance is not a matter of right and will not be granted unless the Council is satisfied that good cause exists for the continuance and that a substantial number of people will not be inconvenienced by such continuance.
(iii) who has once obtained a continuance of a Public Hearing either by notice to the City Clerk per Rule 6.F.4.a(i) or by personal appearance per Rule 6.F.4.a(ii), may obtain a further continuance only by appearing before the Council at the scheduled Public Hearing and satisfying the Council that extraordinary circumstances exist that would justify this second continuance.
(iv) who has twice obtained a continuance of a Public Hearing, may obtain an additional continuance only by appearing before the Council at the scheduled hearing and satisfying the Council that a miscarriage of justice would result from the refusal of the Council to grant a continuance.
b. City Staff may request and upon Council’s approval obtain a continuance based on the need of the originating department or on behalf of a Council Member.

Department staff may request, via the City Clerk, as many continuances as needed to complete and ready the project or appeal for the Public Hearing process; however, Staff may not serve as a requestor on behalf of an applicant or appellant.
c. Any organized group of residents or neighborhood associations, not recognized as an applicant or appellant, may contact their Council Member and request a continuance as needed to complete and ready the project or appeal for the hearing process. The Council Member, in his or her sole discretion, may request the Council approve the continuance for good cause. d. At the meeting when the Public Hearing is scheduled, but before the hearing starts, any Council Member may request the Council approve a continuance. e. Disputes regarding the length of a continuance will be decided by the Council October 27, 2022 Pg. 25

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at the scheduled hearing if City Staff or the City Clerk cannot obtain mutual agreement between the parties beforehand.

MEETING AGENDAS
Requirements for Agenda Item Submission

1. The City Manager and City Clerk shall develop the agenda for Council meetings in consultation with the Mayor and Mayor Pro-Tem.

2. Council Members may submit items for inclusion on a future agenda by submitting the request via email within ten (10) days of the next finalized agenda via email or written notice.

3. Council Members may submit staff reports or descriptions of oral reports to the City Clerk and or the City Manager for placement on the agenda.

4. Department directors, subject to the discretion of the City Manager, may submit staff reports or descriptions of oral reports to the City Clerk for placement on the agenda.

5. Outside agencies may submit agenda items in accordance with the following:
a. Items from outside agencies must be sponsored for agenda placement by Council Members or department Staff; and
b. All agenda items must be submitted in accordance with the agenda packet submission and preparation requirements.

Declaration of Policy

1. No ordinance, resolution, motion, or item of business shall be introduced or acted upon at a meeting of a legislative body of the City without it appearing on a duly noticed and posted agenda in accordance with the Brown Act. Exceptions to this rule are limited to those provided by state law.

2. No ordinance, resolution, motion, or item of business will be considered that:
a. does not affect the conduct of the business of the City of Coalinga or its powers or duties as a municipal corporation, or
b. supports or disapproves of any legislation or action (i) of the State of California;
(ii) of the Congress of the United States; or
(iii) before any officer or agency of the state or nation, unless the proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers or duties of the City of Coalinga or its October 27, 2022 Pg. 26

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officers or employees.
c. Rule 7.B.2 may be invoked only before Public Comment or council deliberation on the matter and by three affirmative votes on the question: “Shall the Council consider this matter?”
Procedures for Submission of Reports

1. A written staff report should be prepared and submitted for agenda review in accordance with the agenda review procedure.

2. Staff reports shall include a section reflecting review by the City Attorney as appropriate.

3. “Continued” items do not require a new staff report if there are no changes other than the agenda date. If there is any other change, a new staff report meeting all applicable requirements must be submitted.

4. Staff reports shall the name of the staff member or department head putting the item on the agenda.

5. Staff reports shall include any fiscal information as it relates to the city budget or spending or saving money.

Written Communications from the City and the Public

1. The City Clerk, City Manager, and or City Attorney shall manage communications to Council Members regarding meeting topics to ensure compliance with the Brown Act.
a. Except for records exempt from disclosure under the California Public Records Act and otherwise by law, agendas or any other writings distributed to all or a majority of the Council Members for discussion or consideration at a Public Meeting are disclosable to the public, and shall be made available upon request without delay.
b. Materials distributed to the Council Members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Council Member, or at the conclusion of the meeting if prepared by another person.

2. Interested parties or their authorized representatives may address the Council by written communications regarding agenda items.
a. Written communications received by the City Clerk prior to posting of the agenda will be included in the agenda packet material. Written communications received by the City Clerk after that deadline will be delivered to the Council Members at the Council Meeting if related to an item on the meeting agenda. b. Documents (10 copies recommended) that members of the public submit to the October 27, 2022 Pg. 27

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City Council at the meeting shall be given directly to the City Clerk for distribution and shall not be given directly to the Council. The documents will be made available to the public.

Preparation of the Agenda Packet

1. No later than 6:00 p.m. on the Monday prior to each regularly scheduled meeting, the City Clerk shall finalize the agenda packet.

2. Agenda Packet Contents.
a. The agenda packet shall include the agenda, the staff reports, draft resolutions and ordinances, contract, and other attachments. Items noted as “To Be Delivered” on the agenda will be delivered prior to the start of the Council Meeting and published to the City’s website no later than the following day. No item shall be required to be considered by the Council if the applicable written material is not delivered to the Council before the agenda item is discussed and made available to the public at the same time.
b. Corrections or supplements to a staff report or other written materials already included in the agenda packet may be delivered separately. c. All agreements on the agenda shall be available for review by the Council and the Public prior to the meeting, or at the meeting location during the meeting, unless determined otherwise by the City Attorney.

Distribution of the Packet

1. The City Clerk shall distribute the agenda packet to the Council Members and persons requesting copies of the agenda packet no later than Monday at 6:00 p.m. prior to the regularly scheduled meeting.

2. Paper or electronic copies of the agenda packet shall be available for the news media and other such organizations, agencies, institutions, or persons who so subscribe.

Posting of Agenda

1. The City Clerk shall post the agenda of each Regular or adjourned Regular Meetings of the legislative body at least 72 hours in advance of the meeting in a location that is freely accessible to members of the public as required by the Brown Act.

2. The City Clerk shall maintain an affidavit indicating the location, date, and time of posting each agenda.

3. Agendas will generally be published to the City’s website by the end of business on the Monday before Regular Meetings.

October 27, 2022 Pg. 28

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4. Staff reports including attachments, exhibits, and agreements will generally be published to the City’s website by end of business on the Monday before Regular Meetings.

5. If technical difficulties occur, the agenda and reports will be published on the City’s website as soon as those difficulties are resolved.

Failure to Meet Agenda Deadlines

1. The City Clerk shall not, without the consent of the City Manager or City Attorney, accept any agenda item or revised agenda item after the deadlines established and noted in these Rules.

Exceptions to the Agenda Requirement

1. Matters not included on the published agenda may be discussed and acted upon by the legislative body only in the following situations:
a. at a meeting during which a majority of the Council Members determine in open session that the matter in question constitutes an “emergency"; or b. Upon a determination by two-thirds of the Council Members, or if less than twothirds are present by unanimous vote of the Council Members present, that:
(i) there is a need to take immediate action; and
(ii) the need for action came to the attention of the City after the agenda had been posted; or
c. the item was posted for a prior meeting occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

Types of Agenda Items

1. Closed Sessions – confidential discussions with the legislative body as permitted by the Brown Act.

2. Ceremonial Matters – the presentation and receipt of ceremonial resolutions and celebrations not requiring formal legislative body action.

3. Administrative Matters – consent items making clerical corrections to previous legislative documents and to ensure accurate legislative history.

4. Consent Calendar – considered one item, consisting of matters routine in nature and not likely to be subject to debate or inquiry by the Council Members or the public; typically adopted in one motion.

5. Public Hearings – duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.

October 27, 2022 Pg. 29

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6. New Business – non-routine items requiring an oral presentation and discussion before action is taken.

7. Information Items – items when staff is required by federal or state law or city code to inform Council of an issue when authority has been delegated to a person, position, board, or commission.

8. Public Comment – oral communications from the public regarding matters not on the agenda but within the subject matter jurisdiction of the City.

9. City Council Reports and Requests:
a. Brief oral or written reports summarizing meeting or conference attendance at City expense, as required by AB 12349;
b. Requests that City Manager or Staff report on various issues; c. Requests to place items on a future council meeting agenda must be approved (consensus by Council must be received);
d. Reports on district and citywide activities or news.

Ordinances and Non-Binding Resolutions

1. Ordinances on the agenda may be passed for publication or adopted in accordance with established procedures.

2. Ordinance changes during the review and adoption process. a. The text of an ordinance receiving the necessary votes to bring the matter to Council shall be the text that is included in the published agenda as pass-forpublication. b. The text of an ordinance passed for publication shall be the text that is included in the published agenda for the meeting at which the adoption of the ordinance is discussed.
c. Notwithstanding subsections a, b, and c, typographical and clerical errors may be corrected at any time during the ordinance review and adoption process. d. If a Staff Member intends to make a substantive (i.e., anything not typographical or clerical) change to an ordinance after it is included in a published agenda, at or before the time the ordinance adoption item is called on the agenda the Staff Member shall distribute sufficient written copies of the proposed change so that all other members, the Council Members, relevant City staff, and the public audience have copies.
e. Consideration of a proposed substantive change from the ordinance text that was included in the published agenda shall be continued until the next regular council meeting unless another meeting date is approved by Council.

October 27, 2022 Pg. 30

CITY OF COALINGA-COUNCIL RULES OF PROCEDURE
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f. If the Council’s motion to adopt an ordinance includes a change to the ordinance text from that published in the agenda, prior to the vote the City Attorney or City Clerk shall repeat verbatim the proposed change or otherwise indicate the change is reflected in the circulated written copy of the change.

CONDUCT OF MEETING
Call to Order – Mayor

1. The Mayor, or in the Mayor’s absence the Mayor Pro-Tem, shall take the chair at the hour appointed for the meeting and shall immediately call the meeting of the Council to order.

2. In the absence of the Mayor and Mayor Pro-Tem, the City Clerk shall call the meeting to order and a Mayor Pro-Tempore shall be appointed from the members present.

3. Upon the arrival of the Mayor, the Mayor Pro-Tem or Mayor Pro-Tempore shall immediately relinquish the chair at the conclusion of the business then before the Council.

Roll Call / Attendance

1. A majority of the members of the Council then in office and present within the City limits of Coalinga shall constitute a quorum.

2. Before the Council proceeds with the business before it, the City Clerk shall call the role and note the Council Members present for the minutes. The late arrival of Council Members shall be entered into the minutes.

3. A Council Member shall be considered present at a meeting if the member either is physically in the Council Chambers or is participating in the meeting through teleconference in accordance with the Brown Act. Meeting attendance of Council Members through teleconference will be permitted on a case-by-case basis, determined by the majority of Council.

4. Council Members attending a council meeting through a teleconference are counted when determining a quorum unless they are not within the City limits of Coalinga.

5. Council Members must be physically present at the Council Chamber dais or teleconference location to vote. Proxy or absentee voting is not permitted.

Order of Discussion
The order of business is typically carried out as listed on the agenda or as set out below; however, the Mayor, Mayor Pro-Tem and or City Manager may request the items, unless Council Members object.

October 27, 2022 Pg. 31

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Council Members may request items be reordered by motion.

1. Public Comment will be held at the beginning and at the end of the meeting.

2. Consent Calendar items removed for discussion.
a. Council Members or the City Manager may request that an item be removed from the Consent Calendar for separate consideration.
b. Members of the Public wishing to have an item removed from the Consent Calendar for separate consideration may make a request to a Council Member or the City Manager prior to the beginning of council meeting. c. All matters remaining on the Consent Calendar shall be approved by a single action, such single action to have the legal effect of individual action on each matter.
d. If Consent Calendar items are removed, they shall be discussed immediately and voted on individually after adoption of the balance of the Consent Calendar.

3. Public Hearings.
a. The order of Public Hearings will generally be as follows:
(i) Staff comments, information, and reports, followed by Council Member questions.
(ii) proponent, if applicable, speaks, followed by Council Member questions. (iii) opponent, if applicable, speaks, followed by Council Member questions. (iv) if the Public Hearing is on an appeal that does not require Council de novo review, then the appellant (opponent) speaks before the applicant (proponent) in accordance with the allotted time.
(v) Public Comments.
(vi) if the Public Hearing is a de novo review appeal, the applicant speaks in rebuttal, but if not a de novo review appeal, the appellant speaks in rebuttal.
(vii) closure of Public Comment.
(viii) further Council Member discussion.
(ix) motion to close Public Hearing and take action. See Rule 6.F regarding continuances.
b. The Mayor may direct speakers to avoid repetition in order to permit maximum information to be provided the Council within the time allotted to the hearing.

4. New Business.

October 27, 2022 Pg. 32

CITY OF COALINGA-COUNCIL RULES OF PROCEDURE
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a. The order of discussion after introduction of an item by the Mayor will generally be as follows:
(i) Staff comments, information, and reports, followed by questions from the Council Members.
(ii) Public Comments and information, followed by questions from the Council Members.
(iii) Council Member discussion, motion, and action.
b. Once the item is placed before the Council for discussion, motion, or action, no member of Staff or the Public shall be allowed to address the Council without the consent of the Mayor or Council Members.

Oral Communications from the Audience

1. As required by the Brown Act, a portion of each Council Meeting agenda will provide an opportunity for members of the Public to address the Council on any agendized item, including Closed Session and Consent calendar items.

Regular Meeting agendas also will provide for Public Comment on any unagendized matter that is within the subject matter jurisdiction of the City.

2. In response to Public Comment on non-agendized items, the Council Members may individually:
a. briefly respond to statements made or questions posed by members of the Public;
b. ask questions for clarification;
c. provide a reference to Staff or other resources for factual information or response;
d. request Staff, with consensus of Council, to report to the Council at a subsequent meeting; and
e. request Staff, with consensus of Council, to place a matter of business on a future agenda as needed.

Quorum Call

1. During the course of the meeting, should the presiding officer note a quorum is lacking, the mayor shall call this fact to the attention of the City Clerk.

2. The Mayor then shall issue a quorum call. If a quorum has not been restored within two minutes of a quorum call, the Mayor may declare a recess for a reasonable period of time in order to reestablish a quorum.

3. If no quorum is reestablished within a reasonable time, the Mayor shall adjourn the meeting.

October 27, 2022 Pg. 33

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Obtaining the Floor

1. Any Council Member wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor shall recognize any Council Member who seeks the floor when appropriately entitled to do so.

2. With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member and that Council Member may respond while the floor is still held by the member asking the question.

A Council Member may opt not to answer a question while another member has the floor.

Motions

1. Robert’s Rules of Order, a manual of parliamentary procedure shall be used for the management of motions.

October 27, 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: October 27, 2022
SUBJECT: OCTOBER 2022 MONTHLY REPORT
Planning Division:
- Current Planning:

Site Plan Review No. 22-06 a land development permit that proposes to establish an Ice Water Vending Machine Outside to a permitted use located at 708 Skyline Blvd, Assessor’s Parcel Number 040- 131-030 & 031. Staff is currently reviewing and making findings to render a decision. - Long Range Planning:

Zoning, Subdivision and Building Ordinance – On October 3, 2022, the Planning Commission help its regularly schedule meeting to discuss the comprehensive zoning Ordinance update.

Commissioners were given chapter and drafts of the updated to review and discuss. The Planning Commission motion to then move the November workshop to December Meeting for additional time to review and discuss. Flyers will be posted and shared on the city website and Facebook page in regard to the December Zoning workshop. We encourage all City residents and business owners to attend so we can get an idea of types of zoning and growth the city would like to see. In order to grow the city, we must know what our goal is and how tor process the path to meet the goal in regards of land use.

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 FOR PERMIT ONLINE. We also have a QR code for the Online portal. If any applicant, community member and resident have any questions, we are happy to help answer and show you how to submit online. From January 2022 to October 2022, we had over 280 electronic submissions of Building permits.

Economic Development (CrissComm):

Monthly Report and Update from Economic Development Team CrissComm City Property: City Staff is working with an appraiser to appraise the City’s properties on SR 33 / 7th Avenue. Staff expects the appraisal report any day and will discuss with the City Attorney what the appropriate next steps are and what options may be available to the City. This will be a future item so therefore staff is informing you that we are working on this.

October 27, 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
Grants / Projects:

Avenal Safe Route to School ATP Cycle 4 – QK is working with the Public Works department to put together a bid package and bid schedule. The anticipated date is to have the bid package out by December or the end of the year.

Avenal Kids Pocket Park – City staff has received the general conditions from the city attorney and will review the documents if there are any changes or revisions. If the documentation is acceptable Public works will also be working on taking the project out for bid approximately the same time as the ATP project.

Programs:

Utilities Mortgage and Rental Assistance is still available to the community and its residences –

PLEASE COME TO CITY HALL FOR THE APPLICATION AND BRING ALL NECESSARY PAPERWORK.

First Time Home Buyer Program – Flyer is available at City Hall. On going program that is implemented by Self help Enterprise on behalf of the City for any information please contact Self Help Enterprises.

Home Rehabilitation Program- Flyer are available at City Hall. On going program that is implemented by Self help Enterprise on behalf of the City for any information please contact Self Help Enterprises.

Accessory Dwelling Unit (ADU) Program - Flyer are available at City Hall. Brand New Program that is implemented by Self help Enterprise on behalf of the City. Prior to Speaking to Self help if you are interested in building or rehabbing an existing ADU please contact Community & economic development to see if your property is eligible for an ADU and of a Zoning land use permit is required prior to implementation.

Kings County ARPA Small Business Assistance Program – This program is a COUNTY program, and it is available to Avenal Business owners. Please Contact the Kings County Economic Development Corporation if you are interested and for more information. Flyers are available at city hall and https://www.countyofkings.com/departments/general-services/jto-edc October 27, 2022 Pg. 36

AVENAL POLICE DEPARTMENT
Robert Nevarez, Chief of Police
317 Alpine St., Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
Chief’s Monthly Report
October 21, 2022
• Three sergeants sworn in
o Sergeant Billy Stryd
o Sergeant Jesus Mendez
o Sergeant Tyler Stryd
• One officer sworn in
o Officer Harley Reed
• Met with community members having a difficult time with a violent son/nephew • Met with Renee and staff from Criscom.
• Presented to group of first responders struggling with PTSD. • Attended Rotary club meetings and Cruise Night
• Hosted upcoming meeting for Public Safety Appreciation Night • Attended “Gear up “event along with several other department members • Wrote several letters to property owners related to excessive calls for service • Attended California Police Chiefs Association (CPCA) related to organizational wellness • Met with Superintendent Pat Sanchez for lunch
• Met with CDC Warden Gamboa and several staff members
• Interviewed with Hanford Sentinel regarding police and community trust • Participated in Avenal State Prison CAC meeting
• Attended Pistachio Festival
• Met with US Security Lines to discuss current camera system, and possibly adding cameras Trust Building Efforts
• November 9th “Public Safety Appreciation Event” – Officer Sanchez is coordinating with Anna Lara to create a special day to bond with community and recognize great work done by first responders. • Trading Card Program- Each card will have a current photograph of an officer on one side and a brief background and child photograph on the other. Cards to be handed out to children as inspiration and to create trust.
• Citizens Police Academy- we are in planning phase of a Citizens Police Academy • Creating Team Photo for Christmas Cards
DetectivesDetective Carter Voyles is going back to full-time detective. We plan to have a fully staffed detective unit as outlined below:
• Generalist/Traffic- Detective C. Voyles
• School Resource Officer- Detective A. Rodriguez
• Generalist/Person Crimes – Currently vacant
• Generalist/Property Crimes – Currently vacant
October 27, 2022 Pg. 37
12 Month Statistical Report
MONTH

CALLS FOR SERVICEOFFICER SELF-INITIATEDINVESTIGATIONSCITATIONSTRAFFIC COLLISIONSADULT ARRESTSJUVENILE ARRESTSGANG RELATEDEVIDENCE ITEMS JANUARY 409 318 66 23 5 21 0 2 54
FEBRUARY 400 377 66 23 9 26 3 4 98
MARCH 490 340 92 19 3 32 4 2 77
APRIL 683 199 88 14 3 21 3 4 56
MAY 660 153 74 4 3 20 2 0 77
JUNE 555 109 72 1 6 15 0 1 49
JULY 577 134 60 4 2 19 0 0 57
AUGUST 677 297 76 14 7 24 5 1 132
SEPTEMBER 778 235 82 1 7 29 4 0 58

OCTOBER

NOVEMBER

DECEMBER
12 Month Totals 5229 2162 676 103 45 207 21 14 658
October 27, 2022 Pg. 38
Avenal PD Organizational Chart- October 2022
Chief of Police
Patrol
Captain Lujan
Day Patrol
Night Patrol
FTO Program
Fleet Mgmnt
Axon Body Camera
Program
Administration
Captain Tapia
Investigations
Unit
SRO/PAL/Explorers
Generalist/Traffic
Generalist/Violent
Crime
Evidence/Property
Community
Policing/Trust
Building Efforts
HR Liaison/
Hiring Dispatch Liaison Policy/Lexipol/Cordico Strategic Training Records
Cabrera
PRA Requests
NIBRS
CLETS Admin
IA/
Budget
October 27, 2022 Pg. 39
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 9. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: October 27, 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. On October 17, 2022, Governor Newsom announced that the COVID-19 emergency will end on February 28, 2022. After that point, Staff recommends ending the Local Emergency Declaration.

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.

At this time, staff is recommending the City Council consider the following action by motion:

RECOMMENDATION:

Discussion/Action.

FISCAL IMPACT:

None.

October 27, 2022 Pg. 40
10/24/22, 3:34 PM Governor Newsom to End the COVID-19 State of Emergency | California Governor https://www.gov.ca.gov/2022/10/17/governor-newsom-to-end-the-covid-19-state-of-emergency/ 1/2 Governor Newsom to End the COVID-19 State of
Emergency
Published: Oct 17, 2022
Californiaʼs pandemic response saved tens of thousands of lives, protected the economy, distributed nation-leading financial assistance and built up an unprecedented public health infrastructure
The SMARTER Plan will maintain Californiaʼs operational preparedness to support communities and quickly respond to outbreaks
SACRAMENTO – Today, Governor Gavin Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023, charting the path to phasing out one of the most eective and necessary tools that California has used to combat COVID-19. This timeline gives the health care system needed flexibility to handle any potential surge that may occur aer the holidays in January and February, in addition to providing state and local partners the time needed to prepare for this phaseout and set themselves up for success aerwards.

With hospitalizations and deaths dramatically reduced due to the stateʼs vaccination and public health eorts, California has the tools needed to continue fighting COVID-19 when the State of Emergency terminates at the end of February, including vaccines and boosters, testing, treatments and other mitigation measures like masking and indoor ventilation. As the State of Emergency is phased out, the SMARTER Plan continues to guide Californiaʼs strategy to best protect people from COVID-19.

SMARTER Plan progress update
“Throughout the pandemic, weʼve been guided by the science and data – moving quickly and strategically to save lives. The State of Emergency was an eective and necessary tool that we utilized to protect our state, and we wouldnʼt have gotten to this point without it,” said Governor Newsom. “With the operational preparedness that weʼve built up and the measures that weʼll continue to employ moving forward, California is ready to phase out this tool.” To maintain Californiaʼs COVID-19 laboratory testing and therapeutics treatment capacity, the Newsom Administration will be seeking two statutory changes immediately upon the Legislatureʼs return: 1) The continued ability of nurses to dispense COVID-19 therapeutics; and 2) The continued ability of laboratory workers to solely process COVID-19 tests. “Californiaʼs response to the COVID-19 pandemic has prepared us for whatever comes next. As we move into this next phase, the infrastructure and processes weʼve invested in and built up will provide us the tools to manage any ups and downs in the future,” said Secretary of the California Health & Human Services Agency, Dr. Mark Ghaly. “While the threat of this virus is still real, our preparedness and collective work have helped turn this once crisis emergency into a manageable situation.”
Throughout the pandemic, Governor Newsom, the Legislature and state agencies have been guided by the science and data to best protect Californians and save lives – with a focus on those facing the greatest social and health inequities – remaining nimble to adapt mitigation eorts along the way as we learned more about COVID-19. The stateʼs eorts to support Californians resulted in:

Administration of 81 million vaccinations, distribution of a billion units of PPE throughout the state and processing of 186 million tests.

Allocation of billions of dollars to support hospitals, community organizations, frontline workers, schools and more throughout the pandemic.

The nationʼs largest stimulus programs to support people hardest hit by the pandemic – $18.5 billion for direct payments to Californians, $8 billion for rent relief, $10 billion for small business grants and tax relief, $2.8 billion to help with overdue utility bills, and more.

October 27, 2022 Pg. 41
10/24/22, 3:34 PM Governor Newsom to End the COVID-19 State of Emergency | California Governor https://www.gov.ca.gov/2022/10/17/governor-newsom-to-end-the-covid-19-state-of-emergency/ 2/2 Californiaʼs pandemic response eorts have saved tens of thousands of lives, kept people out of the hospital and protected the economy:

Californiaʼs death rate is the lowest amongst large states. If California had Texasʼ death rate, 27,000 more people would have died here. If California had Floridaʼs rate, that figure jumps to approximately 56,000 more deaths.

In only the first ten months of vaccines being available, a study showed that Californiaʼs eorts saved 20,000 lives, kept 73,000 people out of the hospital and prevented 1.5 million infections.

Californiaʼs actions during the pandemic protected the economy and the state continues to lead the nation in creating jobs and new business starts:
“ʻLockdownʼ states like California did better economically than ʻlooserʼ states like Florida, new COVID data shows,” with Californiaʼs economy having contracted less than such states – economic output shrank 3.5% on average for the U.S., compared with 2.8% for California.

Since February 2021, California has created 1,628,300 new jobs – over 16% of the nationʼs jobs, by far more than any other state. By comparison, Texas created 1,133,200 jobs (11.3% of the nationʼs) and Florida created 787,600 jobs (7.9% of the nationʼs) in that same timeframe.

Since the beginning of 2019, data from the Bureau of Labor Statistics shows that over 569,000 businesses started in California, by far more than any other state. ###
October 27, 2022 Pg. 42
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: October 27 , 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 May 18, 2022, USBR has conditionally allocated 2,000 acre feet of water to the City of Avenal as Public Health & Safety use. On average in the last few years, the City has utilized roughly 2,300 acre feet of water under Tier III drought emergency conditions. As the City continues growing and new houses being build, 2,000 acre feet of water may not be enough and additional water may be need.

By continuing the local emergency due to drought conditions, this action helps to show the Bureau that the City takes the drought emergency seriously and helps them accommodate the necessary Public Health & Safety water needs to the City.

Staff is recommending the City Council consider the following action by motion:

RECOMMENDATION:

Discussion/Action.

FISCAL IMPACT:

None.

October 27, 2022 Pg. 43
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: October 27, 2022
RE: Review Draft City of Avenal Purchasing Manual
INFORMATION:

As the Finance Department becomes freed up from the financial system upgrade from Central Square to OpenGov, Staff is working to consolidate the purchasing policies from the Municipal Code, and clarify procedures and steps that all employees will be expected to follow.

The largest section is regarding use of the Cal-Card, which moving forward will have better oversight and control.

RECOMMENDATION:

Review the draft Purchasing Manual, make any suggestions for changes. Item will be brought back for adoption by Resolution once Staff completes the draft.

October 27, 2022 Pg. 44
City of Avenal Purchasing Manual [DRAFT]
1 | Page
City of Avenal
Purchasing Manual
Updated ___________ 2022
October 27, 2022 Pg. 45
City of Avenal Purchasing Manual [DRAFT]
2 | Page
I. Statement of Policy
General Policy Statement - All Purchases
This Manual presents the City of Avenal’s (herein referred to as the “City”) required purchasing process to assure uniformity of purchasing procedures as well as compliance with State and Federal Statutes and rules governing purchasing and the expenditure of public funds. Centralization of purchasing functions is key to an effective requisition and purchase order system, as well as control of public funds. Thus:

A. Only the Purchasing Agent can initiate and conduct solicitations for informal quotations for the purchase of necessary goods and services. Strict adherence to this requirement will be enforced. Failure to adhere to these procedures will result in disciplinary action including possible termination.

B. All vendors are to initially contact the Finance Department directly regarding all requests for purchases and clarification thereof. The Finance Department shall be available for clarification of specifications or existing contracts. The Finance Department shall inform vendors on how to conduct business with the City.

VENDORS: DO NOT MAKE INITIAL CONTACT WITH USING DEPARTMENTS.

C. No individual, group or user agency has the authority to legally and/or financially commit the City to any contract, agreement or purchase order for goods or services.

D. All user agencies are required to adhere to the purchasing procedures in requisitioning all goods and services.

October 27, 2022 Pg. 46
City of Avenal Purchasing Manual [DRAFT]
3 | Page
II. Table of Contents
Section I – Statement of Policy
Section II – Table of Contents
Section III – Definitions
Section IV – Methods of Purchasing
Section V – Procurement Process
Section VI – Agreements
Section VII- Professional Services
Section VIII – Exemptions from Centralized Purchasing
Section IX – Requisitions
Section X – Purchase Order
Section XI – Blanket Purchase Order
Section XII – Advance Payment
Section XIII – Emergency Procedures
Section XIV – Contracts
Section XV – Professional Services
Section XVI – Approved Vendors
Sectoin XVII - Memberships
Federal Grant Procurement Standards
October 27, 2022 Pg. 47
City of Avenal Purchasing Manual [DRAFT]
4 | Page
III. Definitions
Purchasing Officer.

The Purchasing Officer shall be the City Manager or a person appointed by the City Manager as his or her designated representative. The Purchasing Officer may delegate duties to other employees.

The duties of Purchasing Officer may be combined with those of any other office or position. The Purchasing Officer shall have authority to:
(a) Purchase and contract for all supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the Purchasing Officer shall adopt, and such other rules and regulations as shall be prescribed by the City Manager;
(b) Negotiate and recommend execution of contracts for the purchase of supplies and equipment; (c) Act to procure for the City the needed quality in supplies and equipment at least expense to the City;
(d) Discourage collusive bidding and endeavor to obtain as full and open competition as possibleon all purchases;
(e) Prepare and recommend rules governing purchasing, maintaining an inventory, and warehousing of supplies and equipment of the City;
(f) Keep informed of current developments in the fields of purchasing, prices, market conditions and new products;
(g) Prescribe and maintain such forms as are reasonably necessary to the operation of this chapterand other rules and regulations;
(h) Be responsible for the inspection of all supplies and equipment purchased to insure conformance with specifications, and, where necessary, to require chemical and physical tests of samples submitted with bids and samples of deliveries to determine their quality and conformance with specifications;
(i) Recommend the transfer of surplus or unused supplies and equipment between City departments as needed and the sale or other disposition of all supplies and equipment which cannot be used by any using agency or which have become obsolete or otherwise unsuitable for City use;
(j) Maintain a bidders' list, vendors catalog file and records needed for the efficient operation of thepurchasing division;
(k) Perform such other duties and functions as may be
necessary.(Ord. 92-03 (part), 1992)
October 27, 2022 Pg. 48
City of Avenal Purchasing Manual [DRAFT]
5 | Page
IV. Methods of Purchasing
(a) Procurement
All purchases, with a small number of exceptions, shall be made through the purchase order process via the Core Financials system. Any purchases over $25,001 shall be competitively bid with all records of quotes provided to Finance. Council will approve any purchases over $25,001 amount, while any other acquisition under $25,000 will be approved by the purchasing officer or designee. Additionally, all Supporting Documents, such as invoices, receipts, packing slips, must be submitted (b) Sole Sources
In the event that the purchase process cannot be used, or it would hinder timely acquisition of required materials or services, sole source justification can be submitted to the purchasing officer. The purchasing officer can approve justification for a procurement of up to $XXXX, otherwise council approval is required.

Any department requesting the use of a blanket purchase order in excess of $XXXX must get approval from council.

For personal services, departments may procure personal services one time or on an annual basis, as long they do not exceed $XXXX, without a competitive process and with the Purchasing Officers approval. Requests over $XXXX must be approved by council.

In the event approval by council is required, the sole source request must be submitted to Finance beforehand. Forms are available at the office. Approvals are valid for the fiscal year in which they were submitted.
(c) Estimates of Requirements
All using agencies shall file detailed estimates of their requirements in supplies and equipment in such manner, at such time, and for such future periods as the Purchasing Officer shall prescribe. (Ord. 92-03 (part), 1992)
(d) Funding of Purchases
The Purchasing Officer or designee shall not authorize or issue a written contract or payment warrant for supplies or equipment unless there exists sufficient unencumbered appropriation in the fund account against which the purchase is to be charged. (e) Cal Card Procedures

1. Finance administers the Cal Card Program for the City. Except as prohibited by Section C.2.c below, Cal Cards may be used to make authorized purchases at any establishment that accepts credit cards. The merchant is responsible for obtaining authorization from the issuing bank for the transaction.

Those transactions exceeding the single, daily, or monthly transaction limit, or that are for nonqualified purchases will not be processed. Department heads are responsible for the proper use of the Cal Cards issued to employees and for insuring compliance with the policies and procedures provided in this October 27, 2022 Pg. 49
City of Avenal Purchasing Manual [DRAFT]
6 | Page
section. Violation(s) (one or more) of this Policy shall result in the revocation of the offender’s card, at the discretion of the Purchasing Officer.

2. The department head may request the Purchasing Officer to set up a department employee for the issuance of a CalCard and specify the approved Authorization Parameters. Finance will complete the issuing bank Cal Card Cardholder Set-Up/Change Request form for each employee authorized by the department head to be issued a card. Issuing bank will forward the cards to the Purchasing Division.

Finance will forward the Cal Card and a Cal Card Acknowledgement Statement to the department head and/or designated employee. The Cal Card Acknowledgement Statement must be signed by both the department head, or his/her designee, and employee to certify receipt of card and understanding of the Cal Card program. The signed Cal Card Acknowledgement Statement must be returned to Finance. a. Lost Or Stolen Cal Cards.

Departments should promptly report lost or stolen cards to the issuing bank, which will immediately cancel the card and arrange for a new card to be issued. Any unauthorized charges incurred prior to notifying issuing bank are the responsibility of the department, not to exceed $50 in accordance with the Issuing bank Cal Card Agreement. b. Cal Card Cancellation.

When a cardholder leaves City employment or the department head rescinds the employee's authorization, it is the responsibility of the department to promptly destroy the card(s) and contact Finance with a brief written explanation for cancellation. The department is responsible for any charges incurred after an employee leaves City employment if a request for cancellation has not been made.
c. Cal Card Restrictions.

Single transaction levels cannot exceed amounts (typically $500) set by the Finance and agreed upon by the Purchasing Officer. Cal Cards shall not be used for any personal property items (office supplies or equipment, repair parts, equipment, capital assets etc., except as allowed in section “d” below), cash advances, personal or professional services, purchases from foreign countries, or items with an associated contract or under a price agreement. Also, Cal Cards may not be used for non-corporation vendors that may require 1099-MISC reporting at year end.
d. Authorized Purchases Using Cal Card.

Cal Cards may be used for postage and post office box rentals, utilities, permits and fees, memberships, subscriptions, publications, seminars, training and technical materials (audio or video/cd/dvd), travel expenses (in accordance with the City’s Travel Policy), certain professional services where confidentiality may be an issue (drug testing, child abuse exams, etc), emergency procurement or payments where the normal purchasing procedure is not feasible, and generally any payment under $100 authorized by the department head. Card holders are strongly encouraged to use the purchase order process for all purchases. Additional, Cal Cards may be used for personal property items and professional services provided the card holder has gone through proper Purchase Order procedures and received approval. e. Supporting Documentation.

October 27, 2022 Pg. 50
City of Avenal Purchasing Manual [DRAFT]
7 | Page
Approved purchases will require the employee's (cardholder's) signature verifying the items purchased, correct pricing and sales tax (when applicable). All charges must be supported by a sales draft. If the sales draft does not contain sufficient description to properly identify the items purchased, a detailed receipt or other supporting documentation by the merchant should be attached to the sales draft. Sales drafts and receipts are to be maintained by the department for three years from the date of purchase for audit purposes and are considered public documents. The copy of the sales draft and any supporting receipts are used by the department to verify and reconcile the charges on the monthly statement from issuing bank and are to be submitted to the Department of Finance with the request for payment. f. Cal Card Purchase Payments.

At the close of each billing cycle, departments will receive a Statement of Account, which is the official invoice on which the Department of Finance will make payment.

Departments must review the Statement of Account for accuracy and verify that each charge is supported by a sales draft. The Statement of Account and the Cal Card Certification signed by an authorized department employee are forwarded to the Department of Finance no later than fifteen (15) days from date of the statement. Habitually late statements may result in loss of card privileges. The Department of Finance will pay all charges as listed on the Statement of Account. If a department discovers an invalid charge on their Statement of Account, they must first contact the vendor and attempt to have the charge reversed. If unsuccessful, cardholders must complete a Statement of Questioned Item Form and submit it to the Department of Finance. The form will be forwarded to Issuing bank for their review. g. Unauthorized Cal Card Use.

Employees that misuse their Cal Cards will lose all card privileges and may be subject to disciplinary actions. Cal Cards shall only be used by the employee to whom the card was issued.

Any misuse will be reported to the department head by the Department of Finance during the auditing process.
h. Records and Receipts
Employees must retain a copy of all purchases, first by taking a picture or scanning the receipt immediately after purchase and submit copies of corresponding receipts to the Finance department at the end of each month – the employee must keep all records and receipts of their purchases for a minimum of three years.
i. Missing Records of Receipts
Any missing records and receipts must be supplemented by a memo explaining the expense and why the record or receipt is missing. Employees that cannot account for two or more receipts from their Cal Cards in a fiscal year will lose all card privileges and may be subject to disciplinary actions.

V. Formal Bids
Unless Section 3-8.12 is applicable, the purchase of supplies and equipment shall be by open marketprocedures pursuant to Section 3-8.13. Formal bidding procedures required pursuant to Section 3-8.12 may be dispensed with only:

October 27, 2022 Pg. 51
City of Avenal Purchasing Manual [DRAFT]
8 | Page
(a) When the City Manager finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available from only one source; or
(b) When an emergency, as determined by the City Manager, requires that the purchase becompleted within a period of time which will not permit normal bidding or quotation procedures; or
(c) When there is a breakdown in essential machinery or in an essential service, or when unforeseen circumstances arise including delays by contractors, delays in transportation, and unanticipated volume of work which requires the immediate attention of a professional or immediate service/repair in order to protect the public health, safety or welfare; or (d) When an essential operation affecting the preservation of life or property, public health, safetyor welfare would be greatly hampered if the prescribed procedure would cause an undue delay in the procurement of the needed services or materials; or (e) When the City has contracted with another governmental entity to purchase particular supplies or equipment on a cooperative basis; or
(f) When the City Manager determines that due to the nature of the supplies or equipment, formal bidding is not likely to result in the lowest price. (Ord. 92-03 (part), 1992)
VI. Informal Bids
Procurement Process
VII. Open Market Procedures
Purchases of supplies and equipment of an estimated value in an amount less than twenty-five thousand dollars ($25,000.00) but greater than five thousand dollars ($5,000.00) may, upon receipt and approval of a purchase requisition executed by a department manager, be made by the Purchasing Officer in the open market without observing the formal bidding procedures prescribed by Section 3-

8.12. (a) Minimum number of quotations. Open market purchases shall, wherever practicable, be based on at least three (3) quotations and shall be awarded to the lowest responsible vendor, except as otherwise provided herein.
(b) Inviting quotations. The Purchasing Officer may solicit quotations by written requests to prospective vendors, by telephone or by public notice posted on a public bulletin board in the Avenal City Hall, or by any other means deemed effective. (c) Quotations. Sealed, written quotations shall be submitted to the Purchasing Officer, who shall keep a record of all open market quotations and contracts for a period of two (2) years after submission of quotations or the execution of contracts. This record, while kept, shall be open to public inspection, except that vendor proprietary data shall not be open to public inspection.
(Ord. 92-03 (part), 1992
VIII. Exemptions from Centralized Purchasing
The Municipal Code Title 3 Finance Chapter 8 Section 3 grants the Purchasing officer the authority to make all purchases on behalf of the city. Additionally, the Purchasing Officer has the authority to designate and delegate specialized purchasing duties. All authorizations of any using agencies must be done in writing, and each using agency is required to submit periodic reports to Finance. The following is a brief list of designations
October 27, 2022 Pg. 52
City of Avenal Purchasing Manual [DRAFT]
9 | Page
List of Positions with Specialized Purchasing Duties, include but not limited to:

1. Public Works

2. Utilities – The Utilities Department Head and his/her designee shall be assigned purchasing responsibilities

3. Police

4. Information Technology
IX. Requisitions
Requests for items and services to the Purchasing Officer be submitted via Core Financials. All Quotes, terms, delivery dates, shipping charges, and any other relevant information to be submitted at the time of request. Advise the Purchasing Officer if you are unable to secure quotes.

X. Purchase Order
Purchase Orders will be issued to department heads. A Purchase order must include the selected vendor, the Compressed account code of the expenditure account, the items ordered, price, quantity, delivery location and the quote/contract transaction when provided.

XI. Blanket Purchase Orders
To request a blanket purchase order, submit a requisition stating the items or service to be provided, the requested vendor, the duration, price agreement number when applicable, the anticipated amount of funds required, and a detailed justification. The Department of Finance will encumber the funds when the blanket purchase order is issued. Blanket purchase orders are subject to the same purchase requirements.

XII. Advance Payment
In the event that advance payment is required (memberships, rentals, training, technical materials, etc.), these payments may be made with a CAL Card or by submitting a Disbursement Request Form, along with supporting documentation, to the Purchasing Officer for approval.

Payment warrants will be mailed to the vendors unless otherwise requested.

XIII. Emergency Procedures
With regard to public works purchases, if there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, the City Council may pass a resolution by a four-fifths (4/5) vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with the provisions of this chapter as they apply to such public works purchases.
(Ord. 92-03 (part), 1992)
XIV. Contracts
Purchases of supplies and equipment shall be made by contract, which may include a purchase order.

October 27, 2022 Pg. 53
City of Avenal Purchasing Manual [DRAFT]
10 | Page
(Ord. 92-03 (part), 1992)
XV. Professional Services
Any procurement of a professional service shall be made through the Purchase Order Process (Bidding) with few exceptions. Any required services over $xxxx, shall be competitively bid with all records of quotes and process submitted to Finance. Any services requested that do not exceed $XXXX, shall go through an informal bid with supporting documents submitted to Finance. If the dollar amount of the service is less than $xxxx, the Purchasing officer may approve the purchase. If the service exceeds $xxxx, the City Council’s approval is required.

XVI. Approved Vendors
Purchases may only be made from approved vendors. Once a vendor has been approved, they will be added to the Vendor Catalog. In order to add a vendor to the list, a Current W-9 form must be submitted to Finance along with any relevant Purchase Order Process Documentation.

In the event that a W-9 is not available, advise the Purchasing Officer.

XVII. Memberships
Memberships/subscriptions will need Justification, via a form, submitted to the Purchasing Officer for review. Once approval for the justification has been granted, the membership/subscription must go through the appropriate Purchasing Process.

October 27, 2022 Pg. 54
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. EMERGENCY ITEM
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: OCTOBER 27, 2022
SUBJECT: AUTHORIZATION FOR PURCHASING EV CHARGING STATIONS THROUGH

CONGESTION MITIGATION AND AIR QUALITY (CMAQ) GRANT FUNDING &

APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL

DISTRICT CHARGE-UP GRANT PROGRAM
BACKGROUND:

In October of 2018, the City applied and allocated $137,000 Congestion Mitigation And Air Quality (CMAQ) Grant Funding and $18,000 of local funds towards the application for purchasing Electric Vehicle Charging Stations. This funding is available through allocations from the Kings County Area of Governments (KCAG) as part of the Transportation regional plan. Since then, the City has requested to carry over the allocated funding year to year due to lack of staffing and the hope of cheaper and better technology.

In August of 2022 City staff contact the only vendor, BEAM, about a possible proposal for two (2) EV chargers to be located at City Hall and Police Department. In order to streamline the process of purchasing and going into a contractual service with the BEAM, The City will utilize the already approved State Contract ID 1-22-61-16 (attached) to purchase the EV Chargers. With the indication of utilizing the State contract, the Vendor BEAM Global then sent over a proposal for City staff to review. The proposal was sent to the Public Works Department, Finance Department ant City Manager for review and processing. The proposal is attached to staff report for City Council.

Additionally, staff reached out to the San Joaquin Valley Air Pollution Control District to find out of any grants that may help the City with it’s 11% matching portion, and discovered that the City could qualify for up to $12,000 ($6,000 per charger), that could bring down the City’s match to $6,000.

RECOMMENDATION:

1. Staff is requesting this item be added as an Emergency item to the October 27, 2022 Council meeting in order to meet the deadline to accept the quote under 30 days. The vendor has indicated the price may go up in November and is urging the City to move quickly on placing the order. Likewise, Staff only recently became aware of the grant funding opportunity, which requires approval from the SJVAPCD first before making any purchase. Staff would like to move as quickly as possible to ensure sufficient funding.

2. Approve Resolution No. 2022-__57__ authorizing the City Manager to submit purchase of the EV Chargers through the State Contract from BEAM Global at the amount of $150,148.00 as proposed in the proposal.

3. Authorize Resolution No. 2022-__58__ authorizing the City Manager to submit grant application to the San Joaquin Valley Air Pollution Control District, Charge-Up, grant program.

4. If approved, Staff will re-introduce the item for ratification at the November 10, 2022 Council meeting.

FISCAL IMPACT:
$137,000 - Congestion Mitigation and Air Quality (CMAQ) Grant Fund - KCAG $18,000 – 100-170- 65500 Community Development Professional Services (potentially lowered to $6,000 with Charge-Up Grant)
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

AUTHORIZING THE PURCHASE OF

TWO EV CHARGING STATIONS

THROUGH FROM BEAM SOLAR

USING CONGESTION MITIGATION

AND AIR QUALITY (CMAQ) FUNDS
RESOLUTION 2022-_57__
WHEREAS, the City applied and was allocated $137,000 in Congestion Mitigation And Air Quality (CMAQ) Grant Funding in 2018; and WHEREAS, the CMAQ funds were originally allocated for Electric Vehicle (EV) chargers that will be open and available to the public; and WHEREAS, Staff has identified BEAM Global as a State approved vendor with a solar EV Charger that will meet the criteria for the CMAQ funds; and WHEREAS, the total cost for two BEAM EV ARC 2020 solar EV Chargers totals $150,148.88; and
WHEREAS, the EV Chargers will be located at 919 Skyline Blvd, and 317 Alpine Street, in the City of Avenal; and
WHEREAS, CMAQ funds have been carried over for over three years and the City intends to utilize the funding to reapply for new funds and apply any required match from the City’s General Fund.

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 OCTOBER 27, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
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. The City Council of the City of Avenal hereby recognizes the City Manager to submit purchase of two BEAM EV ARC 2020 EV Solar Chargers, for the price not to exceed $150,148.88.

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.
* * * * * * * * * * * * * * * * * *
20200916 - Avenal - Resolution Appointing City Attorney-v1.doc 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

AUTHORIZING THE SUBMITTAL OF

AN APPLICATION TO THE SAN

JOAQUIN VALLEY AIR POLLUTION

CONTROL DISTRICT CHARGE-UP

GRANT PROGRAM
RESOLUTION 2022-_58__
WHEREAS, the City of Avenal, a political subdivision of the State of California, has received grants in the past for the San Joaquin Valley Air Pollution Control District's (SJVAPCD) Public Benefits Grants Program and Rebates; and WHEREAS, the City of Avenal wishes to again submit an application to the SJVAPCD, for the Charge-Up program to purchase two (2) Electric Vehicle (EV) chargers to be used by the public, located at 919 Skyline Blvd, and 317 Alpine Street in Avenal.

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 OCTOBER 27, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found the foregoing recitals to be true, correct and incorporated herein;

2. City of Avenal Staff are hereby authorized to submit an application to the San Joaquin Valley Air Pollution Control District's, Charge-Up Program for the purchase of two (2) BEAM EV ARC 2020, solar EV chargers. 2 of 2

3. If the application for funding is approved, the City of Avenal hereby agrees to abide by all rules and regulations of the San Joaquin Valley Air Pollution Control District's Public Grant Programs and the Charge-Up program.

4. The Avenal City Council authorizes the City Manager to execute the application to Charge-Up program from the SJVAPCD.

5. 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 10/27/22, 2:51 PM Charge Up! - Portal
https://www.valleyair.org/grants/apps/chargeup/application/index 1/3

VOUCHER APPLICATION
Please ll out this form completely. All elds are required unless otherwise indicated.  Program Application Requirements
Please complete a seperate application for each site location as distinguished by an address or intersection. Applicants may apply for more than one charger at a site, and may apply for multiple sites. However, a seperate application must be submitted for each site.

BEFORE YOU BEGIN:
IMPORTANT: Please do not purchase or install any chargers until you have received an approved voucher for your project.
 Be sure to review the  program guidelines.
 Have Electric Vehicle (EV) charger make & model information available. You'll need this to complete the application.
 Have the required supporting documents ready for immediate upload (pdf or image les only). You won't be able to submit the application without the documents, and cannot save your progress on an unsubmitted application. Here's what you'll need:
 A completed  IRS Form W-9
 Governing body resolution to execute the project application (Public Agencies only)   Documented permission from the owner to install the chargers at the site (only if the applicant does not own the site) 
 Supporting Documentation for  additional funding for your project (if applicable)   OPTIONAL: Other documentation (maps, etc) that may help to identify the intended location of the EV Chargers
 Applicant Information
Primary Contact Person
Applicant/Organization Name (per IRS Form W-9)
City of Avenal
Organization Type (per Form W-9, item 3)
Government Agency
Mailing Address
919 Skyline Blvd
City
Avenal
State
CA
ZipCode
93204
Physical Address and Mailing Address are the same
Physical Address
919 Skyline Blvd
City
Avenal
State
CA
Zip Code
93204
County where organization is located
Kings
Prex
Mr.

First Name
Antony
Last Name
V. López
Title (opt)
City Manager

10/27/22, 2:51 PM Charge Up! - Portal
https://www.valleyair.org/grants/apps/chargeup/application/index 2/3 Contract Signing Authority
Primary Phone Number
(559) 386-5766
Ext (opt)
Ext
Alternate Phone Number (opt)
(559) 383-8003
Ext (opt)
Ext
Email Address
[email protected]
Prex
Mr.

First Name
Antony V.

Last Name
López
Title (opt)
City Manager
 Site Information
Site Address (enter n/a if there is no address for the site location) The project is located at the physical address 919 Skyline Blvd
City
Avenal
County
Kings
Zip Code
93204
Does the applicant/organization own the project site?
No
Yes
Is the site located near a highway?
No
Yes
Please provide a description of where the Electric Vehicle (EV) charger(s) will be located on the site (for example, location within the parking lot or structure).
919 Skyline Blvd, shared parking lot for City Hall and Dollar General Store. Parking lot opened 24/7, meant for City Hall and Dollar General customers and employees.
317 Alpine Street, Police Department parking lot, next to residential homes, meant for public and ofcers to charge, open 24/7.

Which of the following applies to your project at this site? Please select one.

The EV Charger(s) will be used solely by employees for workplace charging and will not be available for public access.

The EV Charger(s) will be used solely by the residents of a multi-unit dwelling and will not be available for public access.

The EV Charger(s) will be accessible for public EV charging 24 hours a day, 7 days a week.

The EV Charger(s) will be accessible for public EV charging at select times.

NOTE: Level 3 EV chargers must be available to the public 24 hours a day to be eligible for Charge Up! funding  EV Charger Information
Please listthe chargers which you intend to install atthe project site. Place each distinct charger model on a row ofthis table.

Click the "Add charger model" button to add additional models. All elds are required.

MAKE MODEL LEVEL PORT TYPE QUANTITY
 BEAM ARC 2020 Level 2 Dual Port 2
Add charger model
 Disclosures

1. Have you or your organization previously participated in any of the Valley Air District's grant programs? No
Yes
Please specify the programs or project numbers of the District's grant programs in which your organization has participated.

EV Clean Vehicle rebates for 4 Ford Fusions (2017/2018).

2. Have you applied for or received funding from another program or agency for the purchase and/or installation of the EV chargers you are including in this application?

10/27/22, 2:51 PM Charge Up! - Portal
https://www.valleyair.org/grants/apps/chargeup/application/index 3/3  Valley Air District
Charge Up! is part of California Climate Investments, a statewide initiative that puts billions of Cap-and-Trade dollars to work reducing greenhouse gas emissions, strengthening the economy and improving public health and the environment — particularly in disadvantaged communities.

Before submitting, be sure to double check your email address. We'll send you a conrmation of receipt as well as a copy of your application.

No
Yes
Please list the agency, program(s) and the related amounts of funding which you've received or for which you've applied from other agencies. Please upload supporting documentation as well.

AGENCY PROGRAM FUNDING AMOUNT
 Federal Highway Ad CMAQ 137000
Add Line
Upload Documents & Sign Your Application
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
Kings County - Federal Transportation Improvement Program (Dollars in Whole)
Local Highway System
DIST:
06 PPNO: EA: CTIPS ID:
216-0000-0213
CT PROJECT ID: MPO ID.:

CM5424A
COUNTY:

Kings County
ROUTE: PM:

TITLE (DESCRIPTION):

Purchase Electric Vehicle Charging Stations (In Avenal, At the Avenal Police Department
Purchase three(3) solar-powered EV charging stations)
MPO Aprv:

State Aprv:

Federal Aprv:

EPA TABLE II or III EXEMPT CATEGORY
Non construction related activities.

IMPLEMENTING AGENCY: Avenal, City of
PROJECT MANAGER: Fernando Santillan PHONE: EMAIL:

PROJECT VERSION HISTORY (Printed Version is Shaded) (Dollars in whole) Version Status Date Updated By Change Reason Amend No. Prog Con Prog RW PE 1 Active 06/28/2022 TKING Adoption - Carry Over 0 155,000 * CMAQ -
* Fund Source 1 of 2
* Fund Type: Congestion Mitigation
* Funding Agency:

PRIOR 22-23 23-24 24-25 25-26 26-27 27-28 BEYOND TOTAL
PE
RW
CON 137,000 137,000
Total: 137,000 137,000
* Local Funds -
* Fund Source 2 of 2
* Fund Type: City Funds
* Funding Agency:

PRIOR 22-23 23-24 24-25 25-26 26-27 27-28 BEYOND TOTAL
PE
RW
CON 18,000 18,000
Total: 18,000 18,000
Project Total: PRIOR 22-23 23-24 24-25 25-26 26-27 27-28 BEYOND TOTAL PE
RW
CON 155,000 155,000
Total: 155,000 155,000
Comments:
******** Version 1 - 06/28/22 ********
Project data transfered from 2020 FTIP.
******** Version 5 - 06/08/2022 ********
Delay project
RTP Page 10-15
******** Version 1 - 11/03/20 ********
Project data transfered from 2018 FTIP.
******** Version 3 - 10/17/2019 ********
******** Version 2 - 04/26/2019 ********
******** Version 1 - 06/06/2018 ********
Products of CTIPS Page 1 07/01/2022 12:30:04
Kings County - Federal Transportation Improvement Program (Dollars in Whole)
Local Highway System
DIST:
06 PPNO: EA: CTIPS ID:
216-0000-0213
CT PROJECT ID: MPO ID.:

CM5424A
COUNTY:

Kings County
ROUTE: PM:

TITLE (DESCRIPTION):

Purchase Electric Vehicle Charging Stations (In Avenal, At the Avenal Police Department
Purchase three(3) solar-powered EV charging stations)
MPO Aprv:

State Aprv:

Federal Aprv:

EPA TABLE II or III EXEMPT CATEGORY
Non construction related activities.

IMPLEMENTING AGENCY: Avenal, City of
PROJECT MANAGER: Fernando Santillan PHONE: EMAIL:

PRIOR 22-23 23-24 24-25 25-26 26-27 27-28 BEYOND TOTAL
PE
RW
CON 137,000 137,000
Total: 137,000 137,000
* Local Funds -
* Fund Source 2 of 2
* Fund Type: City Funds
* Funding Agency:

PRIOR 22-23 23-24 24-25 25-26 26-27 27-28 BEYOND TOTAL
PE
RW
CON 18,000 18,000
Total: 18,000 18,000
Project Total: PRIOR 22-23 23-24 24-25 25-26 26-27 27-28 BEYOND TOTAL PE
RW
CON 155,000 155,000
Total: 155,000 155,000
Comments:
******** Version 1 - 06/28/22 ********
Project data transfered from 2020 FTIP.
******** Version 5 - 06/08/2022 ********
Delay project
RTP Page 10-15
******** Version 1 - 11/03/20 ********
Project data transfered from 2018 FTIP.
******** Version 3 - 10/17/2019 ********
******** Version 2 - 04/26/2019 ********
******** Version 1 - 06/06/2018 ********
Products of CTIPS Page 1 07/01/2022 12:30:04
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California

STATEWIDE CONTRACT
USER INSTRUCTIONS All changes to most recent Supplem ent are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].

MANDATORY
*Supplement 1*
ISSUE AND EFFECTIVE DATE: *7/28/2022*
CONTRACT NUMBER: 1-22-61-16
DESCRIPTION: Mobile Solar Electric Vehicle Supply
Equipment (EVSE)
CONTRACTOR: Beam Global
CONTRACT TERM: 6/24/2022 through 6/23/2025
STATE CONTRACT ADMINISTRATOR: Rita Seale
279-946-8301
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

Non-IT General Provisions (rev 11/19/2021) (https://www.dgs.ca.gov/- /media/199A6A32E4DE4BECAFF4EFA7194350CD.ashx)
Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION
Mailing Address:

Beam Global
5660 Eastgate Drive
San Diego, CA 92121
Fax/Email:

[email protected]:

Contact Information:

Beam Global
Matt Miller
Phone: 858-295-8038
Email:
[email protected]

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract Mandatory 1-22-61-16
Contract User Instructions

Page 2 ends

All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*1* *Subject contract for Mobile Solar EVSE is
hereby modified to reflect the following
changes:
 Article 10: Added language to allow
contractor to provide offer in a format
acceptable to the requesting agency.*
*7/28/2022*
N/A Original Contract Posted 6/24/2022
All other terms and conditions remain the same.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

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STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
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Contract User Instructions

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SCOPE
The State’s contract with Beam Global (Beam) provides Mobile Solar Panel (MSP) Electric Vehicle Autonomous Renewal Charger (EV ARC) at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-61-16. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of EV ARC to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract will expire at the end of the current contract term.

CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for all State of California departments. • State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.
• Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products. Local governmental agencies also include government entities from other states within the United States. Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. While the State makes this

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
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Contract User Instructions

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contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
• Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.
• A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to

1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.

EXEMPT PURCHASES
There are no exempt purchases associated with this contract.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
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Contract User Instructions

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PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

CONTRACT ITEMS
Electric Vehicle Autonomous Renewal Charger
(EV ARC)
Contract Discount
Core Items – EV ARC with Smart Chargers 2%
Accessories 2%
Network Services 2%
Operations & Maintenance, Repair Services,
Relocation
10%
Non-Core Catalog 2%
Core Items:

Hardware
Contractor shall provide an EV ARC System, per EV Charger Specification 6150-5950 Attachment B. This includes delivery, setup, and all installation hardware. EV ARC shall come with a one (1) year manufacturer’s warranty on all system components after installation/upgrade, commencing on the date of acceptance.

Accessories
Additional items are available at the quoted discount to upgrade the EV ARC for deployment.

Network Services
Remote Monitoring and Management System (RMMS) is included at no additional cost for twelve (12) months from date of delivery. The Contractor-supplied smart chargers meet the following requirements:
• Network ready (wireless 4G LTE, Wi-Fi (CDMA/EVDO router equivalent or better)

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
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• Track solar energy production, battery charge/status, energy output, use session data, software/firmware upgrade, etc.
• Charger specific network operating systems (charging session data, usage controls, set pricing, collect fees, reservations, data management, reporting, etc.) • Utilizes open-source protocol communications (such as Open Charge Point Protocol (OCPP)) and/or provide open connectors to OCPP or similar After the initial twelve (12) month period, ordering agencies may purchase additional subscription services at the price quoted on Attachment A – Contract Pricing.

Operations & Maintenance, Repair Services, Relocation
Includes photovoltaic (PV) panel cleaning, grease slew drives, check calibration of BeamTrak, check battery charging systems, check settings and performance of inverter.

Check overall condition of structure and confirm operations of EV charger. This service is included for the first twelve (12) months after acceptance of unit.

Repair Services are included under warranty for the first twelve (12) months and shall commence on the system delivery and acceptance date. After warranty, repair services and field technicians are available at the discounted hourly rate on Attachment A – Contract Pricing. Replacements for damaged or broken items are available through the Non-Core Catalog, at the published discount rate.

Relocation services are available to move deployed units from one location to another, using a Beam deployment expert, at the discounted hourly rate on Attachment A – Contract Pricing.

Non-Core Catalog Items:

Non-core catalog items are all options available in the Contractor’s commercially available catalog, including Integration Services. Non-core catalog items are limited to items within the scope of the EV ARC and are not included as part of the core line items identified in Attachment A – Contract Pricing.
• Integration
The following Integration Services are provided as part of the Non-Core Catalog:
o EVSE Integration
EVSE integration is installation of a customer identified and provided charger that is not available under this contract. The charger will be evaluated to confirm compatibility with the EV ARC system and will be fully integrated into the EV ARC and delivered to customer.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
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o EVSP Integration
Electric Vehicle Service Provider (EVSP) integration includes setup of dashboard and monitoring systems for chargers installed under EVSE Integration.

Non-core catalog items are available for purchase by ordering agencies at a single discount off catalog list price. The Contractor’s discount off list price (offered on Attachment 1 – Pricing Workbook, Non-Core Catalog) is applicable to all non-core catalog items purchased.

Non-core items may be offered at a greater discount than the contract discount off list.

SPECIFICATIONS
All products listed on Attachment A, Contract Pricing, conform to Attachment B, State of California EV ARC Specification Number 6150-5950 dated 2/1/2022.

CUSTOMER SERVICE AND TECHNICAL SUPPORT
The Contractor will have a customer service unit that is dedicated to this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.

The customer service unit shall be staffed with individuals that:
• Are trained in the requirements of this contract
• Have the authority to take administrative action to correct problems that may occur The Contractor’s customer service unit shall respond to all customer inquiries within eight (8) working hours after initial contact. The contact may be a documented phone call. When requested, on-site technical support shall be provided within three (3) business days.

Contact Phone Email
Customer Service Unit:

Davis Nacamu (858) 201-5477 [email protected]

OFFER FORMAT
If requested, the Contractor shall provide an offer to ordering agencies in MS Excel spreadsheet format. *Otherwise, Contractor can provide an offer using a format acceptable to the requesting agency.* The quote must include the following data elements:
• Contractor letterhead
• Offer/Quote “prepared by” name and contact information • Offer/Quote number

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
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• Date of Offer/Quote
• Date of the OEM’s publically available price index (MSRP/MSIP) • Ordering agency name
• Ordering agency contact person
• Contract number
• Contract expiration date
o Table consisting of:
o Contract Line Item Number
o Quantity
o Core/Non-Core (Y/N)
o Description of Item
o Manufacturer’s Part Number/SKU
o MSRP/Index Price
o Contract Discount
o Contract Unit Price
o Extended Price (Quantity x Contract Price)
o Subtotals of taxable and non-taxable items
o Rate and calculated tax
o Applicable fees
o Grand total

PRODUCT SUBSTITUTIONS
The Contractor will maintain the contract discount as bid throughout the original term of the contract and any extensions, including upon approved substitution. If specified contract line items are no longer available, Contractor may propose substitute product that meets or exceeds the minimum requirements as identified on the State of California EV ARC Bid Specification Number 6150-5950 dated 2/1/2022.

Product substitution shall be in accordance with the General Provisions (rev 06/08/10), Article 16 entitled “Substitutions”.

PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms).

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
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All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket purchase orders against this statewide contract is not allowed.

B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).

MINIMUM ORDER
There is no minimum order for this contract.

ORDERING PROCEDURE
Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
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The Contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION
Beam Global
5660 Eastgate Drive
San Diego, CA 92121
Phone:
(858) 295-8038
Email:
[email protected]
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCE
The Contractor shall accept orders from any authorized ordering agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete
• Contain non-contract items
• Contain non-contract terms and conditions
The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.

ORDER RECEIPT CONFIRMATION
The Contractor will provide ordering agencies with an order receipt acknowledgement within two (2) working days of receipt. The order receipt confirmation shall include the following information:
• Contractor’s order number
• Ordering agency name
• Agency order number (purchase order number)
• Description of goods
• Purchase order total cost
• Anticipated delivery date
• Identification of any out of stock/discontinued items

OUT OF STOCK REMEDY
Upon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:
• Request a back order
• Cancel the item from the order with no penalty
The Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
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Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.

DISCONTINUED ITEM REMEDY
Upon receipt of an order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect State-approved substitute item (per Article 11, Product Substitutions)
• Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.

DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:

A. Locations
Deliveries are to be made within the State of California to the location specified on the individual purchase order, which may include, but not limited to parking structures, roofless parking garages, parking lots and rural or commercial locations.

B. Schedule
Delivery of ordered product shall be completed in full within ninety (90) days after receipt of an order (ARO), unless otherwise agreed to by the ordering agency. Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each ordering agency for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within twentyfour (24) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.

The Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PT.

C. Security Requirements
Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.

Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
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Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default.

FREE ON BOARD (F.O.B.) DESTINATION
All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’s receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

Delivery for out of state orders will be negotiated with that ordering agency.

SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

PACKING SLIP
Packing slip requirements shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

INSTALLATION
Units will be delivered using either Beam Global company trucks and drivers, or by a third party delivery company, to the location identified by the purchasing agency. Once on site, a Beam technician will install the unit at the appropriate location as determined by the agency and technician. Unit will be installed and tested to ensure it is operating properly.

For California State owned buildings only, a permit must be submitted by the ordering agency for each EV ARC purchased.

Submit the permit application to the Office of the State Fire Marshall, under “Other” at:
https://calfire.govmotus.org/
The following documents must be uploaded as part of the application:

1. BEAM EV ARC 2020 information document, including battery technology type and battery capacities.

2. DGS EV ARC 2020 Program Guide.

3. A site plan showing the required clearances in 2019 CFC Section 1206 will be provided. The site plan does not require a design professional stamp/signature; the permit is for equipment placement, not construction.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
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Contract User Instructions

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Once documentation has been uploaded to Govmotus, the project can contact the local DSFM for that facility or the area Supervisor for an over-the-counter/field review and permitting; contact information is available on the OSFM website. Once the equipment has been delivered and placed on site, contact the local DSFM or area Supervisor to request a final inspection.

INSPECTION AND ACCEPTANCE
In accordance with the General Provisions, unless otherwise noted in the ordering agency’s SOW, rejection of deliverables must be processed within thirty (30) days of delivery or it shall be deemed as accepted by the State.

CONTRACT ADMINISTRATION
Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.

Administrator
Information DGS-PD Beam Global
Contact
Name:

Rita Seale Matt Miller
Telephone: 279-946-8301 858-295-8038
Facsimile: (916) 375-4613 N/A
Email: [email protected] [email protected] Address: DGS/Procurement Division
Attn: Rita Seale
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
Beam Global
Attn: Matt Miller
5660 Eastgate Drive
San Diego, CA 92121

INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering agency.

Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Agreement Number (Contract Number) • Agency order number (purchase order number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract Mandatory 1-22-61-16
Contract User Instructions

Page 15 ends

PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than fortyfive (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

C. State Financial Marketplace
State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

D. Payee Data Record
Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.

CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.

State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.

Contractor Name Seller Permit #
Beam Global 102-144216

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract Mandatory 1-22-61-16
Contract User Instructions

Page 16 ends

WARRANTY
Hardware is covered under a one (1) year manufacturer’s warranty for all system components, commencing on the date of acceptance, and in accordance with General Provisions, Article 19 entitled “Warranty”.

RECYCLED CONTENT
There is no recycled content associated with this contract.

SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

ATTACHMENTS
Attachment A – Contract Pricing
Attachment B – State of California Specification EV ARC, Specification Number 6150-5950 dated 2/1/2022
Attachment 1
June 24, 2022
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1100
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable storage, BeamTrak™, Chargepoint CT4013 single-plug networked charger, single J1772 connector. 12 months Chargepoint Network Operating System (NOS) Cloud Plan is included.

ARC2020-CP4013 Beam Global N/A
Beam EV ARC™ with
ChargePoint™ single
plug charger
Each 1 $ 67,628.82
1101
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable storage, BeamTrak™, Chargepoint CT4023 dual-plug networked charger, dual J1772 connectors. 12 months ChargePoint Network Operating System (NOS) included.

ARC2020-CP4023 Beam Global N/A
Beam EV ARC™ with
ChargePoint™ dual plug
charger
Each 1 $ 70,300.30
1102
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable storage, BeamTrak™, 1 (one) Enel X JuiceBox® charger, one (1) standard J1772 connector. 12 months Enel X JuiceBox Network Operating System (NOS) Cloud Plan is included.

ARC2020-EJ1 Beam Global N/A
Beam EV ARC™ with
one (1) Enel X
JuiceBox® charger
Each 1 $ 63,542.22
1103
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, two (2) Enel X JuiceBox® chargers, two (2) J1772 connectors. 12 months Enel X JuiceBox Network Operating System (NOS) Cloud Plan is included.

ARC2020-EJ2 Beam Global N/A
Beam EV ARC™ with
two (2) Enel X
JuiceBox® chargers
Each 1 $ 65,442.44
1104
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, three (3) Enel X JuiceBox® chargers, Three (3) J1772 connectors. 12 months Enel X JuiceBox Network Operating System (NOS) Cloud Plan is included.

ARC2020-EJ3 Beam Global N/A
Beam EV ARC™ with
three (3) Enel X
JuiceBox® chargers
Each 1 $ 67,342.66
1105
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, four (4) Enel X JuiceBox® chargers, four (4) J1772 connectors. 12 months Enel X JuiceBox Network Operating System (NOS) Cloud Plan is included.

ARC2020-EJ4 Beam Global N/A
Beam EV ARC™ with
four (4) Enel X
JuiceBox® chargers
Each 1 $ 69,242.88
1106
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, five (5) Enel X JuiceBox® chargers, five (5) J1772 connectors. Not networked; network subscription available as an add-on.

ARC2020-EJ5 Beam Global N/A
Beam EV ARC™ with
five (5) Enel X
JuiceBox® chargers
Each 1 $ 71,143.10
1107
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, six (6) Enel X JuiceBox® chargers, six (6) J1772 connectors. 12 months Enel X JuiceBox Network Operating System (NOS) Cloud Plan is included.

ARC2020-EJ6 Beam Global N/A
Beam EV ARC™ with six
(6) Enel X JuiceBox®
chargers
Each 1 $ 73,043.32
1108
EV ARC™ NEV 2020, golf cart-style Neighborhood Electric Vehicles (NEVs). Two (2) standard 120 V outlets (NEMA 5-20R single) with 1.4 kW per outlet. Expandable to support up to 4 outlets. NOS not included.

ARC2020-NEV Beam Global N/A Beam EV ARC™ NEV
charging system Each 1 $ 62,298.60
Statewide Contract 1-22-61-16 Mobile Solar Panel Electic Vehicle Autonomous Renewal Charger (EV ARC) Attachment A - Contract Pricing, 6/24/2022
Contractor: Beam Global

CORE ITEMS - EV ARC

Page 1 of 4 ends

Attachment 1
June 24, 2022
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1109
EV ARC™ 2020 Base Model, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™. Not sold as a standalone item.

Customer identified Level 2 EV charger, sold separately, to be qualified by, and integrated at the factory. Integration services sold separately. NOS not included
ARC2020-BASE Beam Global N/A Beam EV ARC™ Base
Model Each 1 $ 61,642.00
1110
EV ARC™ Fast50 system, 50kW EV charging, ChargePoint
Networked 50kW Charging Station with CHAdeMO and CCS
connectors. 17.2kW solar array and 246kWh of battery storage. 12 months Chargepoint Network Operating System (NOS) Cloud Plan is included.

ARC2020-FAST50 Beam Global N/A
Beam EV ARC™ Fast50
with one (1)
ChargePoint™ DC fast
charger
Each 1 $ 531,101.20
1111
EV ARC™ Fast50 Base Model, 17.2kW solar array, 225kWh battery storage, BeamTrakTM, supports 50kW DC fast charging. Not sold as a standalone item. Customer Identified DC fast 50kW charger, sold separately, to be qualified and integrated into the Fast50 system by Beam. Integration services sold separately. NOS not Included ARC2020-FAST50-
BASE Beam Global N/A Beam EV ARC™ Fast50
Base Model Each 1 $ 470,249.08
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1200 Beam Bump upgrade for EV ARC™ 2020 systems increases battery storage to 32 kWh. BUMP30 Beam Global N/A Beam Bump battery upgrade Each 1 $ 4,998.00 1201 Beam Boost upgrade for EV ARC™ 2020 systems increases battery storage to 43 kWh. BOOST40 Beam Global N/A Beam Boost battery upgrade Each 1 $ 9,821.56 1202
Off-grid, 100% solar-powered Emergency Power Panel for energy resiliency and disaster preparednes. 6kW 120/240V solar generator with 2 x 120V NEMA 5-20 duplex outlets (GFCI protected), 2 x 120V NEMA L5-20 outlets (twist lock, GFCI protected), 1 x 240V NEMA L14- 30 outlet (not GFCI protected) , lockable polycarbonate cover plate.

EPP Beam Global N/A Emergency Power Panel Each 1 $ 1,925.70 1203
The Beam ARC Mobility™ trailer, designed to relocate off-grid EV ARC™ 2020 sustainable EV charging systems. Remote controlled hydraulics enable one person to stow, transport, place and unstow EV ARC™ products. Gooseneck or pintle hitch options available.

AMT Beam Global N/A Beam ARC™ Mobility
trailer Each 1 $ 42,238.00
1204
The Beam Stow Kit for EV ARC™ 2020 is a standalone hydraulic stow/unstow system used to fold and unfold EV ARC™ systems for transport, relocation or deployment.

STOW-2020 Beam Global N/A Beam Stow Kit Each 1 $ 3,234.00 1205 Heavy-duty safety bollards mounted on the EV ARC™ base pad. BOLLARDS Beam Global N/A Safety Bollards Each 1 $ 357.70 1206
EV ARC™ 2020 Custom Branding Base Package provides visibility for your organizaton's logo or community message. Beam provides the dimensions, the customer provides final art, then Beam prints and professionally applies the decals at the Beam factory.

BRAND-BASE Beam Global N/A Custom Branding - Base
Package Each 1 $ 980.00

CORE ITEMS - ACCESSORIES

Page 2 of 4 ends

Attachment 1
June 24, 2022
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1207
One GFCI 120V outlet to accommodate two (2) standard plugs and one (1) outlet with four (4) USB ports for personal electronic device charging (laptops, cell phones, wheelchairs, etc.). Note: This option will not charge an electric vehicle.

AC-USB Beam Global N/A Standard AC and USB
Outlets Each 1 $ 631.12
1208
Charge golf cart-style Neighborhood Electric Vehicles (NEVs) with two (2) standard 120 V outlets (NEMA 5-20R single-recepticle) with 1.4 kW per outlet.

ARC2020-NEV Beam Global N/A NEV 120V Outlets Each 1 $ 656.60 1209
Enel X RFID cards for commercial EV chargers enable and control access to JuiceBox® Pro EV charging stations. JuiceNet Enterprise network must be activated. Standard credit card size (CR-80). 10- Pack.

EJ-RFID-10 Beam Global N/A Enel X RFID Cards - 10
pack Each 1 $ 38.22
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1300
Annual plan for Remote Monitoring and Management System (RMMS) provides login access to view data and status of the EV ARC system. 4G LTE and WiFi connections enable remote monitoring of solar energy production, battery status, energy output, energy use session data. Remote performance assessment and troubleshooting can prevent service calls. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ system; Annual renewal thereafter.

RMMS-1 Beam Global
Remote Monitoring and
Management System
(RMMS)
Each 1 $ 388.08
1301
Five-year (5 year) prepaid plan for the Remote Monitoring and Management System (RMMS) provides login access to view data and status of the EV ARC system. 4G LTE and WiFi connections enable remote monitoring of solar energy production, battery status, energy output, energy use session data. Remote performance assessment and troubleshooting can prevent service calls. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ system; 5- year prepaid plan discounts the annual cost.

RMMS-5 Beam Global
Remote Monitoring and
Management System
(RMMS) 5-Year
Extension
Each 1 $ 1,715.00
1302
The annual ChargePoint Network Operating System (NOS) Cloud Plan provides remote access to advanced usage controls, price controls, usage charts and reports, dashboard map view and login from desktop or mobile. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ system with a ChargePoint charger; Annual renewal thereafter. Annual plan is per plug.

CP-NOS Beam Global
ChargePoint Network
Operating System (NOS)
Plan
Each 1 $ 342.02
1303
The annual Enel X JuiceNet Enterprise Cloud Plan provides remote access to charging session data, usage controls, data management and reporting. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ system with a Enel X JuiceBox charger; Annual renewal thereafter. Annual plan is per plug.

EJ-CLOUD Beam Global Enel X JuiceNet
Enterprise Cloud Plan Each 1 $ 147.00

CORE ITEMS - NETWORK SERVICES

Page 3 of 4 ends

Attachment 1
June 24, 2022
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
Contract
Line Item
# (CLIN)
Commodity Description Manufacturer Part
Number (OEM #) Manufacturer (OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Price
1400 Repair Services / Field Technician support during Regular Business Hours (M-F 8:00AM - 5:00PM) Field Service Beam Global Beam Field Service Hour 1 $ 225.00 1401 Repair Services / Field Technician support during Weekend, Holidays, and After Regular Business Hours Field Service Beam Global Emergency Beam Field Service Hour 1 $ 247.50 1402
Operations & Maintenance: Includes PV Panel Cleaning, Grease Slew drives, Check Calibration of BeamTrack, Check Battery Charging Systems, Settings, Performance of Inverter, Overall Condition of Structure and Inspect & Confirm Operation of EV Charger. Service is included for the 1st twelve months.

O&M-PLAN Beam Global Beam Annual Operation
& Maintenance Plan Each 1 $ 582.75
1403
The Beam Relocation Service includes relocating one or more EV ARC systems from their original destination to another pre-selected location. A Beam Deployment Expert provides the equipment and expertise to stow, load, transport, unload the EV ARC system into the new designated spot, unstow the system, calibrate BeamTrack™ sun tracking, perform a final inspection. NOTE: Billed hourly.

RELO Beam Global Beam Relocation
Service Hour 1 $ 225.00
Contract
Line Item
# (CLIN)
Contract
Discount
A 2%
End of Sheet
Commodity Description

CORE ITEMS - OPERATIONS & MAINTENANCE, REPAIR SERVICES, RELOCATION

NON-CORE ITEMS - CATALOG
Contractors commercial catalog

Page 4 of 4 ends

State of California
Bid Specification
Electric Vehicle Autonomous Renewal Charger
6150-5950, Rev N/A
Event ID 1-22-61-16
Attachment %
Minton, W Page 1 of 2 2/1/2022
Document Summary
Detail Type Detail
Event ID 1-22-61-16
Commodity Electric Vehicle Autonomous Renewal Charger
Attachment 2
Addendum N/A
Group-Class N/A
Bid
Specification
6150-5950 Rev N/A
Revision Level N/A
Revision Date 2/1/2022
Agency Name Department of General Services
Revision History
Bid
Spec
Rev
Level
Revision
Date
Author Summary of Changes
6150-5950 N/A 2/1/2022 William Minton Initial Release
1 SCOPE
This product description is for a turn-key Electric Vehicle Autonomous Renewal Charger (EV ARC), a fully self-contained, transportable solar-powered (photovoltaic), EV charging station. 2 APPLICABLE LAWS and INDUSTRY STANDARDS
The following standards, law and regulations of the issue in effect on the date of the Invitation for Bid form a part of this specification to the extent specified herein. The units are required to meet all regulations, standards and laws including revisions, at time of unit acceptance and through the term of the contract:

2.1 Industry Standards:

2.1.1 SAE Electric Vehicle and Plug in Hybrid Electric Vehicle Conductive Charge Coupler J1772

2.1.2 SAE Combination Charging System (CCS)

2.1.3 CHAdeMo
3 DESCRIPTIONS
The EV ARC includes all hardware and software required for a fully functional, portable, solar-powered EV charging system.

3.2 Standard Features

3.2.1 Transportable self-contained solar carport

3.2.2 Ballasted Pad (no foundation or trenching)
State of California
Bid Specification
Electric Vehicle Autonomous Renewal Charger
6150-5950, Rev N/A
Event ID 1-22-61-16
Attachment %
Minton, W Page 2 of 2 2/1/2022

3.2.3 Fits into a single parking space 9 feet x 18 feet in dimension (without impacting/removing existing parking spot)

3.2.4 Rated to survive 110 mph winds

3.2.5 7.5 feet standard minimum clearance

3.2.6 On board battery storage

3.3 Photovoltaic Array system
The photovoltaic (PV) array consists of:

3.3.1 Photovoltaic (solar) panels - to absorb and directly convert sunlight into electricity

3.3.2 Solar inverter - to change the electrical current from DC to AC

3.3.3 Solar tracking system - to improve the system's overall performance

3.3.4 Photovoltaic Array Module

3.3.5 Mounting, cabling, and other electrical accessories

3.4 Charging Stations
The charging stations:
• Include a cord management system (cord hanger, automatic retraction, etc.) • Port Options:
o L1/L2 - SAE J1772
o DCFC – SAE CCS and/or CHAdeMo
o Outlets - 5-20R
• Smart (networked/OCPP 1.5 or later) and/or Basic (not networked) • ADA Compliant
4 Mandatory Services (Agency options at time of order)

4.5 Network Services
Configure and activate (minimum 12 months) the smart charger to connect to a network provider (i.e. Chargepoint, EV Connect, OP Connect, etc.).

4.6 Point of Sale (POS) and Payment Processing Services Provision the smart charger to provide POS capability that accepts payment by credit card, debit card and/or smartphone.

Configure and activate (minimum 12 months) the smart charger payment processing.

4.7 Wireless Telemetry
Can configure and activate (minimum 12 months) the EV ARC wireless telemetry capability to allow the State to monitor, access and control the system remotely via the web. Capabilities can include:
• Monitoring of the battery charging system
• Monitoring/controlling the canopy system
• Standard reporting
BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121
Your EV ARC™ 2020 is an American-made product and will be fabricated in our San Diego, California facility.

EV ARC™ 2020 systems are capable of generating and storing enough clean, solar electricity to charge up to 265 e miles in a single day. Thanks to its battery storage, it can charge electric vehicles day or night, or even during periods of cloudiness, and is also an excellent source of emergency/alternative power. The electricity produced is clean and renewable, reducing 100% of greenhouse gas emissions from ICE vehicles and electric vehicles powered from the utility grid.

The EV ARC™ 2020 is deployed in minutes and has not required any kind of permitting in the over 100 jurisdictions which are currently benefitting from it. It is deployed without any construction or electrical work and does not require civil or electrical engineering, foundations, trenching, electrical connections or upgrades. It will produce energy reliably and consistently but will not generate a utility bill or fail to operate because of a black out or other utility grid failure. It’s no wonder that Google, the City of New York, the State of California and many others across the U.S. and internationally trust the EV ARC™ product line to charge their electric vehicles.

The patented EV ARC™ 2020 is the world’s first and only fully autonomous, transportable, solar-powered electric vehicle charging system.

Designed, engineered and manufactured in the U.S., the EV ARC™ 2020 measures 7.5' X 18' at the base and fits inside a standard parking space without reducing available parking while being ADA compliant.

EV ARC™ 2020 Product Description
Phone (858) 201-5530
Email [email protected]
Prepared By Jason Keller
919 Skyline Blvd
Avenal, CA 93204
USA
Ship To
Ship To Name City of Avenal
919 Skyline Blvd
Avenal, CA 93204
USA
Bill To
Bill To Name City of Avenal
Phone (559) 633-3086
Email [email protected]
Title Director of Community & Economic Development
Contact Name Kao Yang
Customer Name City of Avenal
Created Date 9/30/2022
Beam EV ARC™ Proposal via CA DGS Contract #1-22-61-16
Customer Details
Billing and Shipping
Your Clean Mobility Expert
BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121
EV ARC™ 2020 Diagram
BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121
EV ARC™ 2020 Pricing
Product Product Code Product Description Quantity List Price Total Price Beam EV
ARC™ with
two (2) Enel X
JuiceBox®
chargers
ARC2020-EJ2
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, two (2) Enel X JuiceBox® chargers, two (2) J1772 connectors. Not networked; network subscription available as an add-on.

CLIN #1103, includes 2% CA DGS Contract discount.

2.00 $65,442.44 $130,884.88
Beam Bump
battery
upgrade
BUMP30
Beam Bump upgrade for EV ARC™ 2020 systems increases battery storage to 32 kWh.

CLIN #1200, includes 2% CA DGS Contract discount.

2.00 $4,998.00 $9,996.00
Enel X
JuiceNet
Enterprise
Cloud Plan

EJ-CLOUD
The annual Enel X JuiceNet Enterprise Cloud Plan provides remote access to charging session data, usage controls, data management and reporting. Annual subscription is available with purchase of EV ARC™ systems with Enel X JuiceBox chargers. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ system with a Enel X JuiceBox charger; Annual renewal thereafter. Annual plan is per plug.

CLIN #1303, includes 2% CA DGS Contract discount.

8.00 $147.00 $1,176.00
Remote
Monitoring
and
Management
System
(RMMS)
RMMS-1
Annual plan for Remote Monitoring and Management System (RMMS) provides login access to view data and status of the EV ARC system. 4G LTE and WiFi connections enable remote monitoring of solar energy production, battery status, energy output, energy use session data.

Remote performance assessment and troubleshooting can prevent service calls. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ system; Annual renewal thereafter.

CLIN #1300, includes 2% CA DGS Contract discount.

2.00 $388.08 $0.00
Remote
Monitoring
and
Management
System
(RMMS)
5-Year
Extension
RMMS-5
Five-year (5 year) prepaid plan for the Remote Monitoring and Management System (RMMS) provides login access to view data and status of the EV ARC system. 4G LTE and WiFi connections enable remote monitoring of solar energy production, battery status, energy output, energy use session data. Remote performance assessment and troubleshooting can prevent service calls. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ system; 5-year prepaid plan discounts the annual cost.

CLIN #1301, includes 2% CA DGS Contract discount.

2.00 $1,715.00 $3,430.00
Beam Annual
Operation &
Maintenance
Plan

O&M-PLAN
Operation & Maintenance: Includes PV panel cleaning, grease slew drives, check calibration of BeamTrak™, check battery charging systems, settings, performance of inverter, overall condition of structure, and inspect and confirm operation of EV charger. Service is included for the 1st twelve months.

CLIN #1402, includes 10% CA DGS Contract discount.

1.00 $582.75 $0.00
Beam Annual
Operation &
Maintenance
Plan

CLIN #1402, includes 10% CA DGS Contract discount.

8.00 $582.75 $4,662.00
Warranty (1
Year) Manufacturer Warranty - First 12 months included 2.00 $0.00 $0.00 BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121
https://caleprocure.ca.gov/PSRelay/ZZ_PO.ZZ_CTR_SUP_CMP.GBL?Page=ZZ_CTR_SUP_PG&Action=U&SETID=STATE&CNTRCT_ID=1-22-61-16 Applicable sales tax will be billed upon invoicing
Payment Terms: Net 30 days
Includes 4 additional years cloud plan
subscription in addition to the free first year.

O&M is included free for first year. RMMS is
included for first year. This also includes five
more years for total of six years RMMS.

Notes
Expiration Date 10/31/2022
Grand Total $150,148.88
Shipping and $0.00
Handling
Shipping & Handling is FOB Destination and includes Beam Team Total Price $150,148.88 performing un-load / un-stow of equipment. Customer may need a 12K capacity forklift onsite upon delivery; to be determined when delivery date is scheduled.

Totals
California DGS Contract Link

City Council/Successor Agency/Public Finance AuthorityOctober 27, 2022

City Council/Successor Agency/Public Finance Authority
October 27, 2022