Agenda — City Council/Successor Agency/Public Finance Authority, November 10, 2022

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
NOVEMBER 10, 2022; 5:15 P.M.

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

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

Study Session: None.

LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2022-58
(SA) LAST RESOLUTION: 2022-02 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. Conference with Real Property Negotiator(s) (Government Code § 54956.8).

Property Description: APN: 038-260-062 & 038-260-048
Negotiator(s): City Manager/ Consultant CrisCom/City Attorney.

Party with whom negotiating: Chevron.

Instructions to negotiator concerning: Terms
A. Personnel (Government Code § 54957 (b)).

Consider public employee performance evaluation for the following positions:

Title: City Manager

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.

Volunteer Appreciation Certificate Presentation: Simón Ortega, Vicente Chávez, Salomón Canon, José Rodríguez, Gonzalo Palencia.

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 27, 2022.

B. Consider Ratifying Resolutions 2022-57 & 2022-58.

C. Consider Out of State Travel for Police Activities League, Boxing Club, to Lubbock Texas.

D. Consider Adopting Revision 1 of City of Avenal Purchasing Manual.

E. Consider and Approve Quotes for Sidewalk Replacement Concrete work at Rice Park and Concrete work at Animal Shelter.

F. Consider Authorizing Submittal to SolarAPP+ Grant for GFO-21-402 - California Automated Permit Processing Program.

G. Consider Expenses for 2022 Operation Gobble Turkey/Chicken Food Distribution under ARPA November 10, 2022 Pg. 1

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

A. None

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Community Activities Department: Anna Lara-Nieto, Activities Department.

2. IT Department Activity Report: Humberto Bermudez, IT Manager.

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

B. Special Presentations/Reports:

1. None.

8. PUBLIC HEARING(s):

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

A. Consider Permanent Local Housing Allocation (PLHA) Notice of Funding Availability (NOFA), Application and Adopting of PLHA Plan as part of the Permanent Local Housing Allocation Program. a. Staff Report
b. Public Hearing
c. Discussion/Action: Approval by Resolution.

9. OLD BUSINESS:

A. Consider Extending Local Emergency Declared on March 24, 2020: (Discussion/Action).

B. Consider Extending Local Emergency Declared on May 27, 2021: (Discussion/Action).

10. NEW BUSINESS:

A. None.

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, November 7, 2022. __ /s/ Maria Ortiz
Maria Ortiz, City Clerk
November 10, 2022 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL / AGENCIA
SUCESORA / PFA EL 10 DE NOVIEMBRE DE 2022; 5:15 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: Ninguna.

ÚLTIMA ORDENANZA: 2022-06. CIUDAD ÚLTIMA RESOLUCIÓN: 2022-5 8 (SA) ÚLTIMA RESOLUCIÓN: 202 2-0 2 PFA ÚLTIMA RESOLUCIÓN: 202 2-02 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.

Un. Conferencia con Negociador(es) de Bienes Inmuebles (Código de Gobierno § 54956.8).

Descripción de la propiedad: APN: 038-260-062 & 038-260-048Negociador(es): Administrador de la Ciudad / Consultor CrisCom / Abogado de la ciudad.

Parte con la que negocia: Chevron.

Instrucciones al negociador relativas a: Condiciones
A. Personal (Código de Gobierno § 54957 (b)).

Considere la evaluación del desempeño de los empleados públicos para los siguientes puestos:

Título: Administrador de la ciudad

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.

Presentación del Certificado de Reconocimiento al Voluntario: Simón Ortega, Vicente Chávez, Salomón Canon, José Rodríguez, Gonzalo Palencia.

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: 27 de octubre de 2022.

B. Considere ratificar las resoluciones 2022-57 y 2022-58.

C. Considere viajar fuera del estado para la liga de actividades policiales, club de boxeo, a Lubbock Texas.

D. Considere adoptar la revisión 1 del Manual de compras de la ciudad de avenal.

E. Considere y apruebe las cotizaciones para el trabajo de concreto de reemplazo de aceras en Rice Park y el trabajo de concreto en el refugio de animales.

F. Considere autorizar la presentación a la subvención SolarAPP+ para GFO-21-402 - Programa de Procesamiento Automatizado de Permisos de California.

November 10, 2022 Pg. 3
G. Considere los gastos para la Operación Gobble Turkey / Chicken Food Distribution de 2022 bajo ARPA

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

A. Ninguno

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

A. Informes de actividad:

1. Departamento de Actividades Comunitarias: Anna Lara-Nieto, Departamento de Actividades.

2. Informe de Actividades del Departamento de TI : Humberto Bermúdez, Gerente de TI.

3. Informe de Actividades de los Departamentos de Obras Públicas/Construcción/Aplicación de Códigos/Control de Animales: Rob Williams, Director de Obras Públicas.

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. Considere el Aviso de Disponibilidad de Fondos (NOFA) de Asignación Local Permanente de Vivienda (PLHA), la Solicitud y Adopción del Plan PLHA como parte del Programa de Asignación de Vivienda Local Permanente.
a. Informe del personal
b. Audiencia pública
c. Discusión/Acción: Aprobación por resolución.

9. NEGOCIO ANTIGUO:

A. Considere extender la emergencia local declarada el 24 de marzo de 2020: (Discusión / Acción).

B. Considere extender la emergencia local declarada el 27 de mayo de 2021: (Discusión / Acción).

10. NUEVOS NEGOCIOS:

A. Ninguno.

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 el 7 de noviembre de 2022. __/s/ María Ortiz
Maria Ortiz, Secretaria Municipal
November 10, 2022 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
OCTOBER 27, 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 6:07 p.m.

ROLL CALL: Councilmembers: Ricardo Verdugo, Pablo Hernandez, Luis Gravelle, Mayor Pro Tem Alejandro Ramirez, Mayor Alvaro Preciado.

ABSENT: None.

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

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

CLOSED SESSION: (City/Successor Agency):

A. None.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS:

Mario Pesquera voiced his concerns regarding the following: Noise Ordinance: in his opinion feels that the Avenal Police Department should cite for loud music. Mayor Preciado mentioned that will schedule a meeting to discuss concerns with Antony Lopez, City Manager & Chief Nevarez.

Chief Nevarez introduced newest members of the Avenal Police Department Avenal PD New Officer Introductions: Records Clerk Tamaya Bates many years of experience records department and accompanied by family, Sergeant Jesus Mendez had family emergency will be introduced next Council meeting. Officer Roldan Deleon was employed at Huron Police Department and 12-years with Orange Cove Police Department a lot of history with that agency and experience. Officer DeLeon has four boys his wife Lily, mother Dora, brother, and nieces. So, he has deep roots here and is form Avenal.

Mrs. Bates thanked the city for this opportunity. Officer DeLeon thanked the City Council for this opportunity, and this is home. The City Council welcomed them to the city family.

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.

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

Roll Call Vote:

AYES: Verdugo, Hernandez, Gravelle, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: Ramirez.

AGENDA ITEM NO. 5. – A.

November 10, 2022 Pg. 5
Joint Meeting City Council/Successor Agency/PFA – October 27, 2022

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

A. Review and Discuss Council Ethics & Values: Antony V. Lopez, City Manager, (Informational) Antony Lopez, City Manager reported that the study session, there is a few items the Council noted that could be updated the following:
• 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 has something to start with. If their other specifics that the Council reviewed from Council Norms, as discussed to formally adopt, and changes that Council would like to see can reach out to City Clerk or City Manager. Staff will start compiling updated, create something new and will bring something within next few months and working on policies, and reintroducing drafts for feedback from the Council. The City Council is consensus with Staff.

B. Discuss future dates for Strategic Planning and Goal Setting workshops: Antony V. López, City Manager, (Informational).

City Manager Lopez reported that it is been two years of the last goal setting with the Council. A consultant assisted staff and there were four main goals. It is time to start to go back to review and see where we are. He suggests having strategic planning session with all administrative staff. The Council layout what the future plans are for the city. It is an election year, hopefully have good news with measures. So, something to consider what might be some priorities and bringing it up now, because of holidays. Also, seeking direction from City Council to see when the best time might be. He suggests after New Year's and consider having a consultant to assist us.

After a brief, discussion The Council is in consensus that after New Year's would be better to have Strategic Planning, Goal Setting workshops, and consider having a consultant to assist.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Community & Economic Development Report: Kao Nou Yang, Director Kao Nou Yang, Director of Community & Economic Development reported the following: 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; and currently reviewing and making findings to render a decision; 2) 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. 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 to process the path to meet the goal in regards of land use; 3) 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; 4) Economic Development (CrisComm): Monthly Report and Update from Economic Development Team CrisComm City Property: City Staff is collaborating 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; 5) 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 taking the project out for bid approximately the same time as the ATP project. Programs; 6) 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) November 10, 2022 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – October 27, 2022

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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/jtoedc

2. Police Department Activity Report: Robert Nevarez, Chief of Police Robert Nevarez, Chief of Police, reported on the following:
1) Three sergeants sworn in: Sergeant Billy Stryd, Sergeant Jesus Mendez, Sergeant Tyler Stryd 2) One officer sworn in: Officer Harley Reed
3) Met with community members having a challenging time with a violent son/nephew. 4) Met with Renee and staff from CrisCom.
5) Presented to group of first responders struggling with PTSD. 6) Attended Rotary club meetings and Cruise Night.
7) Hosted upcoming meetings for Public Safety Appreciation Night. 8) Attended “Gear up “event along with several other department members. 9) Wrote several letters to property owners related to excessive calls for service. 10) Attended California Police Chiefs Association (CPCA) related to organizational wellness. 11) Met with Superintendent Pat Sanchez for lunch.
12) Met with CDC Warden Gamboa and several staff members. 13) Interviewed with Hanford Sentinel regarding police and community trust. 14) Participated in Avenal State Prison CAC meeting.
15) AttendedPistachio Festival.
16) Met with US Security Lines to discuss current camera system, and possibly adding cameras. 17) Trust Building Efforts
• November 9th “Public Safety Appreciation Event” – Officer Sanchez is coordinating with Anna Lara to create a specialday tobond withcommunity andrecognize magnificent workdoneby first responders.
• Trading Card Program- Eachcard will have a currentphotographof anofficer onone side and abrief backgroundandchildphotographonthe other. Cardstobehandedout to childrenas inspirationand to create trust.
• Citizens Police Academy- we are in planningphase of a Citizens Police Academy • Creating Team Photo for Christmas Cards
18) Detectives:

Detective 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
2) Special Presentations/Reports:
1) None
PUBLIC HEARING(s):

A. None.

OLD BUSINESS:

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.

November 10, 2022 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – October 27, 2022

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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, Ramirez, Preciado.

NOES: Gravelle.

ABSENT: None.

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

Roll Call Vote:

AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

City Manager Lopez is requesting this item be added Authorization for Purchase 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 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. This will be Item 10.B. for New Business.

Mayor Preciado motioned to add emergency item , seconded by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Preciado, Hernandez, Verdugo, Gravelle Ramirez.

NOES: None.

ABSENT: None.

ABSTAIN: None.

November 10, 2022 Pg. 8
Joint Meeting City Council/Successor Agency/PFA – October 27, 2022

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NEW BUSINESS:

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

Griselda Price, Director of Administrative Services 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.

Moses Diaz, City Attorney mentioned that he has not yet reviewed the document. Staff will be sending it the City Attorney as soon as its ready for review and then will be brought to Council for approval.

The City Council is in consensus to review the draft Purchasing Manual, make any suggestions for changes and reviewed by City Attorney. This Item will be brought back for adoption by Resolution once completed.

B. Authorization for Purchase 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:

Community Development Director Yang reported that 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 towardsthe application for purchasing Electric Vehicle ChargingStations. This funding is available through allocationsfrom 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 contactthe only vendor, BEAM, about a possible proposal for two (2) EV chargersto 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 is 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.

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 goup 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.

1. 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.

2. 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.

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

Also, the Fiscal Impact: $137,000 - Congestion Mitigation and Air Quality (CMAQ) Grant Fund – KCAG: $18,000 – 100-170- 65500 Community Development ProfessionalServices (potentially lowered to $6,000 with Charge-Up Grant) After a brief, discussion the following action was taken.

RESOLUTION 2022-57: 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. Councilman Gravelle motioned to approve as recommended, seconded by Councilman Hernandez and motion carried.

RESOLUTION 2022-58: 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. Councilman Gravelle motioned to approve as recommended, seconded by Councilman Hernandez and motion carried.

November 10, 2022 Pg. 9
Joint Meeting City Council/Successor Agency/PFA – October 27, 2022

Page 6 of 6 ends

Roll Call Vote:

AYES: Gravelle, Hernandez, Verdugo, Ramirez, , Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Antony Lopez reported the following: 1) Thanked the Council for a speedy meeting; 2) October 28th- Trunk or Treat; 3) November 9th after the PD's event. A little presentation from the present area Hispanic Foundation; 4) November 18th, staff Thanksgiving luncheon; and 5) Operation double s as November 22nd.

Councilman Gravelle requested Humberto Bermudez assistance on November 17th.

Councilman Verdugo voiced concerns with a meeting held Monday with Mental Health it somewhat productive. These services are not provided, and they will continue to do what we can for those services to be in Avenal. Also, the state provided provided funding for these services and need to fix the disconnect.

Moses Diaz, City Attorney stated that was incredibly happy with very thorough job on the Emergency Item.

Mayor Preciado reported the following: 1) attended many meetings ; and 2) Thanked Staff and all be safe.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 8:00 p.m.

Respectfully submitted,
aria Ortiz, City Clerk
November 10, 2022 Pg. 10
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: November 10, 2022
RE: Ratify Resolutions 2022-57 & 2022-58.

INFORMATION:

The City Council held a Regular Meeting on October 27, 2022, and added an emergency item to consider 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. Resolutions 2022-57 and 2022-58 were approved:

The two resolutions were:

1. 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.

2. 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.

Both emergency items were approved 5-0. Staff agreed to bring the items back for ratification at the next regular meeting.

RECOMMENDATION:

Ratify Resolutions 2022-57 & 2022-58.

November 10, 2022 Pg. 11
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)
November 10, 2022 Pg. 12

November 10, 2022 Pg. 15
November 10, 2022 Pg. 16
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. C
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: November 10, 2022
RE: Consider Out of State Travel for Police Activities League, Boxing Club, to Lubbock Texas
INFORMATION:

Attached is a PAL event request form by the boxing program to travel to a national qualifying competition in Lubbock Texas.

APD has worked with the PAL program to formalize the request form and have more information regarding these trips and expenses. While some details are still being finalized, PAL is requesting to use the APD Van to travel to Lubbock Texas, and rent an Air-BnB for lodging, as well as the registration fees, and per-diem for the coaches and participants. In total, this will come up to roughly $3,200.

Staff is also working with PAL to fundraise additional money for the trip and other events, while also making PAL more financially sustainable so in the future it can be spun-off from the City and be an independent 501 c(3) non-profit.

RECOMMENDATION:

By motion, approve the out of state travel request to the PAL Boxing Program, authorize use of the APD Van, and related expenses to travel to the USA Boxing National Championship.

November 10, 2022 Pg. 17

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. D
TO: The Honorable Mayor and City Council
FROM: Griselda Price, Director of Administrative Services DATE: November 10, 2022
RE: Consider Adopting Revision 1 of City of Avenal Purchasing Manual INFORMATION:

As presented at the previous Council Meeting, the Finance Department staff are working on policies regarding purchasing and procurement that all staff will be able to look towards for rules and guidance.

At this point, the current draft compiles information from the City ordinance, and expands upon specific areas that have needed more guidance. The largest addition is regarding the purchases done with the Cal-Card.

RECOMMENDATION:

Staff is asking that Council consider adoption Revision 1 of the City of Avenal Purchasing Manual, to begin implementing the rules immediately. Once new revisions are available, they will be presented to Council for review. As soon as possible, Staff will work with Council to amend the ordinance to include all these policies permanently.

November 10, 2022 Pg. 19
City of Avenal Purchasing Manual [Revision 1]
1 | P a g e
City of Avenal
Purchasing Manual
REVISION 1, NOVEMBER 2022
November 10, 2022 Pg. 20
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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.

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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
November 10, 2022 Pg. 22
City of Avenal Purchasing Manual [Revision 1]
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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)
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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 November 10, 2022 Pg. 24
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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 – these amounts will be created individually based on job position and needs. 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.

November 10, 2022 Pg. 25
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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:

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(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
November 10, 2022 Pg. 27
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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.

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(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.

November 10, 2022 Pg. 29
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL
ADOPTING REVISION 1 OF THE CITY

OF AVENAL PURCHASING MANUAL
RESOLUTION 2022-_59__
WHEREAS, the City is organized and dictated per the City of Avenal Municipal Code, which is amended from time to time; and
WHEREAS, Title 3 of the Avenal Municipal Code primarily focuses on Finance; and
WHEREAS, to ensure smooth and proper operation of the City’s finances and understanding of operations among City Staff, compiling and expanding on Title 3 of the Municipal Code through a Purchasing Manual is seen as benefitial; and WHEREAS, Revision 1 of the Avenal Purchasing Manual includes many necessary changes, but is not a final and complete document; and WHEREAS, further revisions are planned and will be presented to Council, and once a final and complete document is creater, it will be adopted into the Municipal Code.

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 NOVEMBER 10, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
November 10, 2022 Pg. 30
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 adopts Revision 1 of the Avenal Purchasing Manual and directs staff to continue working on a final more complete version of the Purchasing Manuel and adopting necessary amendments to the Avenal Municipal Code.

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 November 10, 2022 Pg. 31
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Scott Davis Public Works Supervisor
DATE: November 3, 2022
RE: Quotes for Sidewalk Replacement
Concrete work at Rice Park and Concrete work at
Animal Shelter
INFORMATION:

Due to soil conditions in the City there are several areas of sidewalk that need to be replaced as well as needing to improve ADA access to the pavilion and restrooms at Rice Park and the need for more kennels at the Animal Shelter staff has contacted contractors for quotes to do the work. There is approximately 161 linier feet of sidewalk, 980 sq.ft. of concrete at the Animal Shelter and 780 sq.ft. of ADA access and sidewalk at Rice Park.

Staff contacted Three (3) Contractors for quotes labor to replace the sidewalks and other concrete work. A fourth was contacted, promised a quote, but never sent one in.

At this point, Staff has been waiting over three months to begin these projects.

1. Tierra Construction (contractor license # 765689) Sidewalk Replace $15,850.00 Rice Park $13,285.00
Animal Shelter $21,560.00

2. Goldsmith Construction (contractor license # A461386) Sidewalk Replace $38,604.00 Rice Park $52,297.00
Animal Shelter $57,946.00

3. Kurb-Kut (contractor license # 953149) No Returned Response RECOMMENDATION:

By motion, authorize the City Manager to contract Tiwrra Construction for thee concreate projects: Sidewalk Repair; Rice Park; and Animal Shelter.

FISCAL IMPACT;
Each project will be paid from different funds/accounts to their respective budgets.

AGENDA ITEM NO. 5. - E

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. F
=
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: February 10, 2022
RE: Consider Authorizing Submittal to SolarAPP+ Grant for GFO-21-402 - California Automated Permit Processing Program.

INFORMATION:

Recently Staff was informed of a grant opportunity to create a streamlined permitting process for solar projects. This grant is being offered to assist local jurisdictions meet the state’s new reporting requirements regarding solar installations.

Per the State’s website:
“The purpose of this solicitation is to provide funding for California cities, counties, or cities and counties, to establish online, automated solar permitting.

Senate Bill 129 (Skinner, Budget Act of 2021) appropriates $20 million in funding to the California Energy Commission (CEC) to support a funding program pursuant to this purpose.”
Staff is seeking authorization to submit an application, anticipating being awarded $40,000, towards the grant goals. Staff is also working with OpenGov to see how to add this functionality to our current software suite.

RECOMMENDATION:

By motion, authorizing City Manager to Submit Grant for GFO-21-402 - California Automated Permit Processing Program.

November 10, 2022 Pg. 32

NOTICE OF PROPOSED AWARDS
Grant Solicitation, GFO-21-402
California Automated Permit Processing Program
On June 1, 2022, the California Energy Commission (CEC) released a grant solicitation and application package entitled “California Automated Permit Processing Program.” This grant solicitation is an offer to fund California cities, counties, or cities and counties to establish online solar permitting. The grant solicitation announced the availability of up to $20 million to fund agreements resulting from this solicitation and that the CEC, at its sole discretion, reserves the right to increase or reduce the amount of funds available under this solicitation.

The “Notice of Proposed Awards” (NOPA) identifies each applicant selected and recommended for funding by CEC staff and includes the amount of recommended funding. The NOPA will be updated regularly with new awardees and posted in the same location.

Funding of proposed agreements resulting from this solicitation is contingent upon the approval of these agreements by CEC staff and execution of a grant agreement. This notice is posted on the CEC’s website at https://www.energy.ca.gov/fundingopportunities/awards.

Questions and debriefing requests should be directed to:

Kevyn Piper, Commission Agreement Officer
(916) 827-9241
E-mail: [email protected]
November 10, 2022 Pg. 33
June 2022 Page 1 of 4 GFO-21-402
CalAPP Attachment 01
ATTACHMENT 01
Grant Application Form – EXHIBIT A
California Automated Permit Processing (CalAPP) Program

1. APPLICANT INFORMATION (REQUIRED)
Jurisdiction Name (please use full legal name as it would appear on the executed grant):

Jurisdiction Type (select one):

City County City and County
Current Estimated Population State of California Department of Finance Demographics (https://dof.ca.gov/forecasting/Demographics/):

Less than 50,000
From 50,000 to 99,999
From 100,000 to 200,000
Greater than 200,000
Project Manager
(serves as point
of contact for all
communications)
Name
Street Address
City and
Zip Code
Phone Number
E-Mail Address

2. FUNDING (REQUIRED)
Assigned Maximum Grant Amount (select one)
Group 1 ($40,000): Population less than 50,000
Group 2 ($60,000): Population from 50,000 to 99,999
Group 3 ($80,000): Population from 100,000 to 200,000
Group 4 ($100,000): Population greater than 200,000
November 10, 2022 Pg. 34
June 2022 Page 2 of 4 GFO-21-402
CalAPP Attachment 01

3. PROJECT INFORMATION (REQUIRED)
A. Online, automated solar permitting platform to be adopted:

SolarAPP+
Other. If selected, complete Section 4 (“Additional Information”) B. Please select allowable budget item(s) anticipated to be used (Select at least one):

Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform
Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform
Ongoing staff training and education, specific to the platform Ongoing training events for local installers, specific to the platform Essential hardware or equipment necessary to support adoption of the platform
Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
Activity Date (Month/Year)
Begin Development/Pilot
Full Adoption
Staff Training
Training for Local Installers
November 10, 2022 Pg. 35
June 2022 Page 3 of 4 GFO-21-402
CalAPP Attachment 01

4. ADDITIONAL INFORMATION (if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.

Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Yes No
Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs Yes No Supports immediate generation of a permit job card following payment confirmation Yes No
Blocks noncompliant applications from receiving a permit Yes No EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use Yes No

5. REPORTING (REQUIRED)
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity.

Please indicate your acceptance of these terms.

Yes No
November 10, 2022 Pg. 36
June 2022 Page 4 of 4 GFO-21-402
CalAPP Attachment 01

6. CERTIFICATION (REQUIRED)
• I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.
• I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Authorized
Representative:

Title:

Phone Number:

E-mail Address:

Date:

Signature of
Authorized
Representative:

NOTE: Do not overlap signature with surrounding border lines.

November 10, 2022 Pg. 37
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: November 10, 2021
RE: Consider Expenses for 2022 Operation Gobble Turkey/Chicken Food Distribution under ARPA
INFORMATION:

For a third year, staff and local community organizations are partnering together to host a turkey drive, popularly known as Operation Gobble, for families in need before Thanksgiving on November 22. In the past, the City has partnered with Reef- Sunset Unified School District to purchase over 300 turkeys and 300 chickens. This year, City Staff prepared in advance and worked with local food vendor State Foods Supermarket, to make an order for 500 turkeys, and 300 chickens. of turkeys will be purchased by Operation Gobble, headed by Supervisor Richard Valle, and the remaining 300 will be split between the City and RSUSD.

State Foods made the purchase early in anticipation of a turkey shortage this year, and Staff was able to take delivery of the turkeys and store them at the Elementary School cafeteria fridges.

RSUSD is assisting with storing the turkeys, volunteers, and contributing $3,000 for the turkeys and chickens.

At a price of $1.45 lb, these were the most affordable turkeys in Kings County. Purchasing 150 turkeys is estimated to cost about $3,000 for the City, with 300 chickens estimated to cost about $2000. Total expense is estimated at around $5,000. In 2022, $6,1000 was spent on Operation Gobble.

RECOMMENDATION:

By motion, approve anticipated expense of $5000.0 for turkeys and chickens that will be distributed to local families on November 22, 2022 as part of Operation Gobble as food assistance to families in need.

FISCAL IMPACT:

Costs associated with Operation Gobble/Thanksgiving Food Distribution will be paid from the ARPA Direct Community Response fund.

November 10, 2022 Pg. 38
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: November 3, 2022
RE: Public Works Monthly Report October 2022
INFORMATION:

7300 CODE ENFORCEMENT:

Code Enforcement continues property and weed abatements. Staff continues to work with the citizens regarding water waste. Code Enforcement assisted Animal Control taking custody of three horses that are now at AHS being cared for by students. Staff attended their annual conference to keep up on contact hours for their certificates. They are continuing to work flex hours on the weekend and on-call to new issues.

SEE ATTACHED REPORT.
8100 PARKS & LANDSCAPE:

Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport Complex, the Ken Brown Public Safety Center, and Elliott Park. Staff made sure Kings Street was clean for the Pistachio Festival. All the playgrounds and the skate park are open. We are continuing to keep two (2) restrooms open at Rice Park.
9000 ANIMAL CONTROL DEPARTMENT:

Staff continues to maintain the Animal Shelter with animals rescued weekly. Staff continues to work with Corcoran and Animal Rescue. Staff is monitoring the horses and is waiting for a second visit from the veterinarian.

SEE ATTACHED REPORT.
13000 STREETS:

Staff maintains city streets, signs, flags, and banners. Staff continues to work with the City Engineer on the South Seventh St. project trying to get it out for bids soon. We were able to get some patching done on Plymouth Ave. and the Cut Off as well as crack sealing streets in town. 14100 WATER DISTRIBUTION:

Staff continues to work with the City Engineer for the 18” water transmission replacement. We are continuing to review submittals from the contractor for the fittings and other parts for the project. Staff repaired two (2) water leaks on the 18” main. Staff continues to maintain and repair the distribution system. 15000 WASTEWATER COLLECTIONS:

Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. There were five (5) calls for sewer plugs, 3 on city side and 2 on customer side. Staff is continuing the enzyme treatment for grease.
18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:

Staff continues to maintain city-owned property, vehicles, and equipment. Staff is getting all of the smog checks done on the vehicles that are due this year. Staff continues monthly/quarterly reporting to SJVAPCD.

AGENDA ITEM NO. 7. A. – 1)
November 10, 2022 Pg. 39
Monthly Report
September 2022
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 25
Courtesy Verbal Abetments 21
Courtesy Door Hangers 28
Abetments Completed 63
Pending 11
Miscellaneous Complaints
Illegal Business/Expired License 00
Stop Work/No Permit 00
Illegal Occupancy 02
Illegal Venders 03
Complaints Received 03
*Phone 01
*Walk In 00
Miscellaneous Inspections 43
Miscellaneous Meetings 03
Recycling Control 02
Graffiti Control 05
Water Waste Control (verbal and/or citations) 05
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 01
Notes: Illegal Vendors are coming in more often, especially on weekends. We were able to put a stop for now. They all seem to come from Bakersfield. Code did attend annual conference to got hours needed for our certifications. Code assisted Animal Control on custody of 3 horses. The horses are at AHS and AHS and students are now helping to feed and take care of them.

November 10, 2022 Pg. 40
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: October 1, 2022 to October 31, 2022
Total Dogs 45
RETURNED TO OWNER 6
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 1
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 23
DOGS RESCUED 15
DOG BITE(S) 0
CITATIONS 0
COMPLAINTS 0
DOOR HANGERS 4
CATS DETAINED 0
EUTHANIZED 0
RESCUED 4
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 3
Cats 11
Other Animals Deceased 0
Animal Control Activity Report
City Of Avenal
Animal Control Activity Report
October 1, 2022
November 10, 2022 Pg. 41
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: October 1, 2022 to October 31, 2022
Total Dogs 50
RETURNED TO OWNER 0
ADOPTED 1
DIED IN SHELTER 0
EUTHANIZED 1
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 21
DOGS RESCUED 27

DOG BITE(S)
CITATIONS 0
CATS DETAINED 2
EUTHANIZED 0
RESCUED 2
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 8
Cats 14
Other Animals Deceased 0
Animal Control Activity Report
Animal Control Activity Report
City Of Corcoran
October 1, 2022
November 10, 2022 Pg. 42
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 7. A-2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: November 4th, 2022
RE: Information Technology Monthly Report August 2022
CURRENT PROJECTS:

Phone System: Awaiting Avaya’s expiration. Working with AT&T to begin consolidating phone numbers.

Emails: On hold until support reaches back out with a solution.

Server:
-UPS Battery Backup confirmed that in the event of a power outage, our network and majority of our phones will stay alive with the primary battery for upwards of two hours. -New computers will automatically connect to our MDM service in the event of a device reset. This is tied to the serial of the device and is checked upon connection to the internet. Should a machine ever be stolen, it can be locked remotely.
-Staff prepares installation images for the handful of Windows PCs that must remain in our fleet. This will aid in any restore work that may need to be done.

Clerk Software: Staff handles other immediate items prior to launch.

Other:

Staff:
-Aids in broadcasting town halls for Measures A & C, a zoning workshop hosted by Community Development and CrisCom, and the Candidates Forum hosted by Valley Voices. -Refurbishes three Police computers to extend their service life until Windows 10 becomes End of Life.
-Works with Code Enforcement to scope the networking needs inside the Animal Shelter. -Begins pre-deployment of Macs to users who do not primarly work off the County drive. -Joined the City Manager, Mayor, and Vast Networks about the possibility of extending fiber lines across the city.
-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.

November 10, 2022 Pg. 43

COMMUNITY

ACTIVITIES DEPT
Event Updates
• Trunk or Treat / Halloween Dance-
• Dia de los Muertos-
• APD First Responders Appreciation Event
Upcoming – Events
• Give Thanks /Coloring Contest – Nov. 5th- Nov. 16th Open to 5 th grade and younger
• November 18th – Free Movies at Theater
• November 22th – Operation Gobble
• November 24th – Sit down Thanksgiving Dinner
• GrinchMas Parade/ Tree Lighting, Dec 10th
Community Garden Updates
• Restroom - Waiting on quote
October Rentals
• Rec Center –3
• Theater – 1
• Pavilion- 2
Programs/ Classes
• Zumba
• Veterans Hall – Community open space /Senior Center
• California Health Collaborative- Parent Support ClassStarted Nov 1 st
. – December. Every Tuesday at Rec Center
Looking for
sponsors for the
following events:
• Give Thanks /
Coloring
Contest
• Christmas
Parade

ANNA LARA- NIETO
[email protected]
559-836-3457
November 10, 2022 Pg. 44
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 8 – A Public Hearing
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: November 10, 2022
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL

AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA

PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION

PROGRAM
BACKGROUND:

The California Department of Housing and Community Development (Department) released a Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 in addition to the $131 million in remaining calendar year 2019 and Calendar year 2020 funds for the Permanent Local Housing Allocation (PLHA) program for Entitlement and Non-entitlement Local governments. The NOFA is funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) annually.

Funding for this NOFA is provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorized the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their communities.

For the 2022 fiscal year, the Department will issue two separate NOFAs to award the (PLHA) funds:
1) Entitlement and Non-entitlement Local government formula component NOFA; and 2) Non-entitlement Local government competitive component NOFA (anticipated in August 2020)
The Entitlement and Non-entitlement formula allocation NOFA outlines threshold and application requirements, as well as defines the method in which funds will be distributed for Entitlement and Non-entitlement Local governments. Ninety percent of the money will be allocated based on the formula used under Federal law to allocate CDBG funds within California, as specified in Title 42 United States Code (USC), Section 5306 and will be distributed to Entitlement Local governments and Non-entitlements local governments via a competitive grant program. Non-entitlement Local government allocations come from ten percent of the moneys available and allocated equitably among Non-entitlement local November 10, 2022 Pg. 45
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 8 – A Public Hearing
governments. Allocations are distributed on an annual basis in response to an application defining the eligible planned use of funds for five years.

Eligible activities include:
1) Predevelopment, development, acquisition, rehabilitation and preservation of multifamily, residential live work, rental housing that is affordable to extremely low-, very low-, or moderate-income households, including necessary operating subsidies. 2) Predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADU’s shall be available for occupancy for a term of no less than 30 days.
3) Matching portions of funds into local or regional housing trust fund. 4) Matching portions of funds available through the Low- and Moderate Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
5) Capitalize reserves for Services connected to the preservation and creation of new permanent supportive housing.
6) Assist persons experiencing or At risk of homelessness, including, but no limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permeant and transitional housing.
7) Accessibility modifications in Lower-income Owner-occupied housing. 8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. 9) Homeownership opportunities, including, but not limited to, down payment assistance. 10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing projects or matching funds invested by the county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project.

PLAN: The proposed plan must describe the manner in which the allocated funds will be used for eligible activities. Describe the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60% of AMI. Describe how the Plan is consistent with programs set forth in the City’s Housing Element. Be authorized and approved by resolution, and ensuring the public had adequate opportunity to review and comment on the contents of the Plan. The annual allocation for the City of Avenal is $104,652 for a five-year total of $627,912.

The City of Avenal proposed five-year plan activities are:
1) Provide accessibility modification for owner-occupied homeowners, with incomes at or below 60% of AMI with 1/3 of each annual allocation.

November 10, 2022 Pg. 46
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 8 – A Public Hearing
2) Provide predevelopment and financing for the development of an Accessory Dwelling Units (ADU) annually with 2/3 of each annual allocation. 3) Five percent of each annual allocation can be used to cover administrative cost associated with the administration of the plan. Staffing and overhead cost directly related to carrying out the eligible activities are “activity costs” not subject to the cap on “administrative cost.”
The application and approved five-year plan are due by 5:00 PM on November 30, 2022.

Department anticipates issuing award letters February 2023.

RECOMMENDATION:
1) Approval of Resolution No. 2022-_____ authorizing and adopting the Local government Plan and certifying that the public had adequate opportunity to review and comment on the Plan.
2) Approval of Resolution No. 2022-_____ authorizing the City Manager to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate
FISCAL IMPACT:

General Fund Budget No. 100-65500-170:
$2,500 for application preparation services for Self Help Enterprises November 10, 2022 Pg. 47
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF AVENAL AUTHORIZING THE

APPLICATION AND ADOPTING THE PLHA PLAN

FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM
The City Council of the City of Avenal, a non-entitlement jurisdiction, hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS, The City of Avenal is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA August 17, 2022 in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts November 10, 2022 Pg. 48
Resolution No. Page 2
this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. Applicant certifies that it was delegated by Avenal City Council to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

10.Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11.Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12.The City Manager, or his/her designee is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

The foregoing resolution is hereby adopted the 9
th day of November 2022.

AYES:

ABSTENTIONS:

NOES:

ABSENT:

APPROVED:
________________________________
, MAYOR
November 10, 2022 Pg. 49
Resolution No. Page 3

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of _________________________________ does hereby attest and certify that the ________________________ Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the __________________________________ which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:
_______________________________
, CITY CLERK
November 10, 2022 Pg. 50

Page 1 of 3 ends

CITY OF AVENAL

PLHA REUSE ACCOUNT PLAN
The State of California Department of Housing and Community Development has made funds available through the Permanent Local Housing Allocation (PLHA) Program for the purpose of providing a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet needs of their local communities.

The City of Avenal as a recipient of funding under the PLHA Program is required to follow specific guidelines in the accounting for, and use of, all monies received as repayments of loan principal and/or loan interest. The City of Avenal has formulated this document to comply with Sections 301 and 500 of the PLHA Guidelines.

Tracking of all repayments of loan principal and any loan interest is are posted in the accounting system that tracks PLHA funds separately from other funding sources. All accrued interest earned on PLHA funds shall accrue to the PLHA Reuse Account.

Funds in the reuse account shall only be used as follows:
(a) Eligible Activities are limited to one or more of the following:
(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary Operating subsidies.
(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. (4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. (5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Page 2 of 3 ends

(A) This Activity may include sub-awards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded CESH program or HEAP funds for rental assistance to continue assistance to these households. (B) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b). (7) Accessibility modifications in Lower-income Owner-occupied housing. (8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. (9) Homeownership opportunities, including, but not limited to, down payment assistance.
(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing Project.
(b) A Local government that receives an allocation shall use no more than 5 percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation.
(c) Two or more Local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided for in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301(a) and be located within the boundaries of one of the Local governments. (d) Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 “Eligible Activities”. This loan guarantee Activity must be identified and fully explained in the Applicant’s “Plan”.

Any loan funds not expended at completion of an individual homeowner transaction will be deposited into the Reuse Account, will be considered a “principal reduction”, and will

Page 3 of 3 ends

be applied to the principal loan balance, thereby reducing the amount owed by the borrower. Borrowers will receive a closeout letter after the 30-day retention period indicating the amount of their Note, the credit, and the ending balance on their loan. A copy of this credit along with the final cost break-down will be retained in the borrowers file.

Final Filing Date: October 31, 2022
at 4:00 P.M. PST
Permanent Local Housing Allocation (PLHA)
Formula Allocation
2022 Application for New Applicants
State of California
Governor, Gavin Newsom
Lourdes Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 PLHA Program Email: [email protected]
PLHA Page 2 Instructions & Checklist
Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 17, column AI)
Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.

Checklist
Threshold
Requirement
X
Disclosure of Application (California Public Records Act Statutes of 1968 Chapter 1473): Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act Statutes of 1968 Chapter 1473. As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank accounts, personal phone numbers and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request.

Included?
X Reuse Plan
X Applicant Delegation
Agreement
0 X Executed Application Provide a copy of the signed application. Signature in blue ink preferred.

Instructions
This application form is limited to Applicants who did not apply to the 2020 and 2021 Formula Allocation NOFA
Rev. 2/16/22
When opening this file, a yellow banner at the top may appear with a button that says "Enable Content". It is essential that you click this box so that the macros are enabled.

Enabling macros is necessary for full worksheet functionality. Macros do not work with Microsoft's Excel version for Apple Mac.

Applications must be submitted electronically to the Department’s website. Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at https://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml. All applicable information must be received by HCD no later than 4:00 p.m. on:

Monday, October 31, 2022
Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'save as' .xls or .xlsx. Do not 'save as' .xlsm or .pdf format. If you encounter problems with the application, please fill out the Application Support worksheet and email the entire workbook to Application Support at [email protected] and [email protected]
General Instructions Additional instructions and guidance are given throughout the Formula Allocation Application in "red" text and in cell comments.

Guideline references are made with "§" and the corresponding guideline section number. "Yellow" cells are for Applicant input. Failure to provide the required attachments and documentation will disqualify your application from consideration.

Required attachments are indicated in "orange" throughout the Supplemental Application. Failure to provide the required attachments and documentation may disqualify your application from consideration. Electronically attached files must use the naming convention in the PLHA Application. For Example: "App1 Payee Data" for Applicant 1 Payee Data Record/STD. 204.

Threshold items are indicated in "blue" cells.

Applicant must complete the following worksheets in the PLHA Formula Allocation Application.

Formula Allocation Application
"Red" shaded cells indicate the Sponsor has failed to meet a requirement of the program.

Application and Adopting the
PLHA Plan (2019-2023
Allocations) Reso
Electronic File Name
App1 TIN
Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2019-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

Document Description
302(c)(4) Plan
Legislative Contacts
PLHA Page 3 Formula Allocation Application
Eligible Applicant Type: Nonentitlement.

Local Government Recipient of PLHA Formula Allocation: Avenal 2020 PLHA NOFA Formula Allocation Amount:

Zip Code:
559-486-5966
Contact Name:

City:

Phone:

Address:

Address:
919 Skyline Blvd.

Contact Email: [email protected]
City:

State: 93204 Kings
Avenal
Auth Rep. Email: [email protected]
Title: Community & Econ. Dev. Dir. Contact Phone:

Avenal State:
$104,652 2020 NOFA Allowable Local Admin (5%): $5,233
Eligible Applicants §300
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.

Applicant: City of Avenal
County:
559-386-5766
93204
Auth Rep Name: Antony Lopez
City: Avenal CA Zip:

Zip Code:
2022 PLHA NOFA Formula Allocation Amount: $177,939 2022 NOFA Allowable Local Admin (5%): $8,897 Yes
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or lowinterest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

File Name:

Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2019-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

No
App1 TIN
Application and Adopting the PLHA
Plan (2019-2023 Allocations) Reso
§301(a) Eligible activities are limited to the following: Included? File Name:

Uploaded to HCD? N/A
Uploaded to HCD?
Yes
File Name:
§302(c)(4) Applicant certified in the Resolution submitted with this application that the application include a Plan in accordance with §302(c)(4)? Signature Date
Certifications
Applicant agrees to adhere to §503, Reporting. Yes
Applicant agrees to adhere to §502, Cancellation/Termination.

Antony Lopez
Authorized Representative Printed Name
City Manager
Title
Yes
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block.

Applicant agrees to adhere to §501, Audits/Monitoring of Project Files. Yes Applicant agrees to adhere to §500, Accounting Records. Yes Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 17, column AI)
Yes
§302(c)(5) Applicant certified in the Resolution submitted with this application that the Plan submitted is for a term of five years (2019-2023). Local Governments agree to inform the Department of changes made to the Plan in each succeeding year of the term of the Plan. Yes §302(c)(6) Applicant certified in the Resolution submitted with this application that it will ensure compliance with §302(c)(6) if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects.

Yes
Yes
Administration
§302(c)(4)(D) Applicant certified in the Resolution submitted with this application that the Plan was authorized and adopted by resolution by the Local Government and that the public had an adequate opportunity to review and comment on its content. §302(c)(7) Applicant certified in the Resolution submitted with this application that it will ensure that the PLHA assistance is in the form of a low-interest, deferred loan to the Sponsor of the Project, if funds are used for the development of an Affordable Rental Housing Development. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years. Yes File Name: Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.

Narrative uploaded
to HCD? Yes
§302(c)(8) Has Applicant attached a program income reuse plan describing how repaid loans or accrued interest will be reused for eligible activities specified in Section 301? Yes
§302(c)(3) Applicant certified in the Resolution submitted with this application that, if the Local Government proposes allocation of funds for any activity to another entity, the Local government’s selection process had no conflicts of interest and was accessible to the public. §302(c)(2) Applicant certified in the Resolution submitted with this application that submission of the application was authorized by the governing board of the Applicant.

Eligible Activities, §301
Title:
93204
Yes
§302(a) The Applicant's Housing Element and Delegating Local Government's Housing Element (if applicable) was/were adopted by the Local Government’s governing body by the application submittal date subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585.

Yes
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.

State: Ca
Address:

Kao Nou Yang
City Manager
919 Skyline Blvd.

Yes
Threshold Requirements, §302
§302(b) Applicant or Delegating Local Government has submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Government Code Section 65400. Yes
§300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300 (c) and (d)? A sample agreement can be
found by double clicking on
the icon to the right
Local Government Formula Allocation for New Applicants Rev. 2/16/22 919 Skyline Blvd.
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low- ,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to a Local Housing Trust Fund or to another Local Government, the Applicant (for which information is required below) is the Local Housing Trust Fund or administering Local Government. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement.

The 302(c)(4) Plan template worksheet requires first choosing one or more of the Eligible Activities listed below. If "Yes" is clicked, the 302(c)(4) Plan worksheet opens a series of questions about what precise activities are planned. Some specific activities, such as providing downpayment assistance to lower-income households for acquisition of an affordable home, could be included under either Activity 2 or 9. Please only choose one of those Activities; don't list the downpayment assistance under both Activities.

If the PLHA funds are used for the same Activity but for different Area Median Income (AMI) level, select the same Activity twice (or more times) and the different AMI level the Activity will serve.

Please enter the percentage of funds allocated to the Activity in only the first Activity listing to avoid double counting the funding allocation.

For each year (2019-2023), allocations must equal 100% annually including the allowable administrative costs of up to 5%. 2021 PLHA NOFA Formula Allocation Amount: $168,021 2021 NOFA Allowable Local Admin (5%): $8,401 Uploaded to HCD?
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? Ca
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
SAMPLE -Legally
Binding Agreement
PLHA Page 4 302(c)(4) Plan
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental and Ownership Housing Activity. Enter Percentage of Funds Allocated for Affordable Owner-occupied Workforce Housing 0%
Beginning in year one through year five, 75% of funding will be used to support the ADU program. Funds will be provided at zero interest deferred payment loans to homeowners with existing ADU's for repairs or to construct a new ADU. The City will provide financing up to $40,000 per unit for eligible applicants. Loans provided to homeowners with incomes under 60% of AMI may rent units to tenants with incomes up to 120% of AMI.

Homeowners with incomes above 60% of AMI will be required to rent units to households with incomes at or below 60% of AMI. Rent restrictions will be for a term of 10 years, will require affordable rents, and must be occupied for a term of no less than 30 days. Loans will be due upon sale or transfer of title.

Funding Allocation Year 2019 2020 2021 2022 2023
Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The City plan supports all five goals outlined in their joint Housing Element with Corcoran, Hanford, Lemoore and County of Kings. Goal 1: Improve and maintain the quality of housing and residential neighborhoods, supported by Policy 1.2 to assist in the repair, rehabilitation, and improvement of residential structures; demolish and replace structures which are dilapidated and beyond repair. Policy 1.4 Preserve assisted rental housing for long-term occupancy by low- and moderate income households. Goal 2: Is to facilitate and encourage the provision of a range of housing types and prices to meet the diverse needs of residents. Goal 3: Remove or mitigate, to the extent feasible and appropriate, potential governmental constraints to the production, maintenance, improvement and affordability of housing. Goal 4: Provide housing assistance to extremely-low-, very-low-, low-, and moderate-income households and those wiht special housing needs. Goal 5: Further equal housing opportunities for persons, regardless of status. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Avenal plans to use all five years of PLHA funding to provide assistance to low-income homeowners in need of accessibility modifications and to support the City's ADU program, by providing loans for construction cost to low-income homeowners utilizing plans developed under the City's Program. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

Both activities proposed by the City will be targeted to those with incomes at or below 60 percent of AMI, and will ensure that 100% of funding in years one through five is provided to households with incomes below 60% of AMI. Households assisted under the ADU program in years one through five may have incomes up to 120% of AMI; however, occupancy of the ADU must be targeted to households below 60% of AMI in an effort to promote affordability that meets the needs of a growing workforce. Should the property owners household have income of 60% of AMI or below, the ADU may be made available to renters with incomes up to 120% of AMI.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) PLHA Page 5 302(c)(4) Plan
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. Enter Percentage of Funds Allocated for Affordable Owner-occupied Workforce Housing
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.

The City will begin taking applications annually on a first come, first serve basis, which will be processed by their Housing Consultant, whom will determine eligibility, review program requirements with applicant, prepare documents for loan approval, and release funding per established policies. Applicants will be required to attend a joint meeting with City building staff and housing consultant to review program requirements prior to loan signing. The City currently funds a similiar program with CalHome funding; however, funding may not be adequiate to fully fund new development; therefore, PLHA funds will be used as secondary and/or solo financing for those in need of monor repairs or additional funds for major repairs and/or development. We expect to complete two jobs within 12 months of the Standard Agreement Execution and three additional jobs each year after, §302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
10yrs 10yrs 10yrs
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project. §302(c)(4)(E)(ii) Projected
Number of Households Served 2 3 3 8
§302(c)(4)(E)(i) Percentage of
Funds Allocated for Each
Affordable Housing Activity
75% 75% 75% 75% 75%
171
§302(c)(4)(E)(ii) Area Median
Income Level Served 60% 60% 60% 60% 60% TOTAL
69 33
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years 2019,
2020, 2021 only
69 Type of Affordable Housing Activity ADU ADU ADU ADU ADU PLHA Page 6 302(c)(4) Plan
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity
0 0 0
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

25.00% 25.00%
Marketing materials will be developed within 30 days and deployed immediately to the public and local realtors and lending agencies. Applications,will be received and reviewed by the City's Housing Consultant to determine income eligibility, and verification of mortgage loan approval. City's Housing Consultant will work directly with the homeowners to obtain documentation of eligibility and need. Loan documents will be executed and recorded securing the loan on the property. The loan will be due and payable when the property owner fails to occupy, sales, or transfers title. Repaid funds will be deposited into the City's Reuse account for use in accordance with the establish Reuse Plan.
232
§302(c)(4)(E)(ii) Projected
Number of Households Served 3 4 4 11
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years 2019,
2020, 2021 only
77 77 78
PLHA funding will be utilized to provide financial assistance to owner-occupied households with incomes at or below 80% of AMI in need of accessibility modifications. Up to $10,000 will be available per participant at zero interest, via deferred payment loans, due and payable upon failure of the owner to occupy the unit, sale or transfer of title.

Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4)(E)(ii) Area Median
Income Level Served 80% 80% 80% 80% 80% TOTAL
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the Proposed
Activity

25.00% 25.00% 25.00%
Funding Allocation Year 2019 2020 2021 2022 2023
PLHA Page 7 Application Support
Organization: Email: Contact Phone:

Application Development Team (ADT) Support Form Rev. 2/16/22 Please complete the "yellow" cells in the form below and email a copy to: [email protected]. and [email protected]. A member of the Application Development Team will respond to your request within ASAP.

Full Name: Date Requested: Application Version
Date:

Justification:

Issue # Program
Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date 2 1
3 4
6 5
7 8
10 9
11 12
14 13
15 16
18 17
19 20
22 21
23 24
25 THE SENTINEL
P O BOX 9
HANFORD CA 93232
(559)582−0471
Fax (559)582−2431

ORDER CONFIRMATION
Salesperson: JUAN MORALES Printed at 10/27/22 08:57 by jmora−bk −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 187 Ad #: 114525 Status: New
CITY OF AVENAL Start: 10/29/2022 Stop: 10/29/2022
ANGIE Times Ord: 1 Times Run: ***
919 SKYLINE 3STD 2.00 X 8.30 Words: 639
AVENAL CA 93204 Total 3STD 16.60
Class: H0986 LEGALS
Rate: LD Cost: 325.95
# Affidavits: 1
Contact: Ad Descrpt: AD# 114525 CITY OF AVENAL
Phone: (559)386−5766 Given by: *
Fax#: P.O. #:

Email: [email protected] Created: jmora 10/27/22 08:53 Agency: Last Changed: jmora 10/27/22 08:57
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PUB ZONE EDT TP RUN DATES
HSP A 95 S 10/29
HSO A 95 S 10/29
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AUTHORIZATION
Under this agreement rates are subject to change with 30 days notice. In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. _____________________________________ _____________________________________ Name (print or type) Name (signature)
(CONTINUED ON NEXT PAGE)
November 10, 2022 Pg. 51

THE SENTINEL
P O BOX 9
HANFORD CA 93232
(559)582−0471
Fax (559)582−2431

ORDER CONFIRMATION (CONTINUED)
Salesperson: JUAN MORALES Printed at 10/27/22 08:57 by jmora−bk −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 187 Ad #: 114525 Status: New
AD# 114525

CITY OF AVENAL

PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the City of Avenal will conduct a public hearing on November 10, 2022 at 6pm, at the Avenal City Council Chambers located at 233 Kings Street, Avenal, CA 93204, in order to discuss an applications for funding under the California Department of Housing and Community Development Department Permanent Local Housing Allocation Program and to solicit citizen input on the Citys proposed five-year plan activities to be included in the application.

PUBLIC HEARING
DATE: November 10, 2022
TIME: 6:00 p.m.

PLACE: Avenal Theater
233 E. King Street, Avenal, CA 93204
The $195 million in Permanent Local Housing Allocation (PLHA) was published in a Notice of Funding Availability (NOFA) August 17, 2022.

Entitlement and Non-entitlement local governments are eligible for a predefined formula allocation as defined in the 2022 NOFA. The City of Avenals annual allocation for 2019 is set at $104,652 for a five-year total of $627,912.

The PLHA NOFA is a noncompetitive application that must be used to carry out one or more eligible activities that with prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of AMI and are consistent with the program set forth in the local governments Housing Element. Local governments must a five-year plan identifying the proposed activities and the percentage for funding that will be allocated to each, the number of households to be served at each income level, the period of affordability and level of affordability for each activity.

ELIGIBLE ACTIVITIES UNDER THE ABOVE ALLOCATION IN THE 2020 NOFA CONSIST OF: PREDEVELOPMENT, DEVELOPMENT,

ACQUISITION, REHABILITATION AND PRESERVATION OF

MULTIFAMILY, RESIDENTIAL LIVE-WORK, RENTAL HOUSING THAT IS AFFORDABLE TO EXTREMEMLY LOW-, VERY LOW-, OR MODERATEINCOME HOUSEHOLDS, INCLUDING NECESSARY OPERATING SUBSIDIES; PREDEVELOPMENT, DEVELOPMENT, ACQUISITION,

REHABILITATION, AND PRESERVATION OF AFFORDABLE RENTAL

AND OWNERSHIP HOUSING, INCLUDING ACCESSORY DWELLING

UNITS, MATCH PORTIONS OF FUNDS INTO LOCAL OR REGIONAL

HOUSING TRUST FUND, AND/OR LOW- AND MODERATE HOUSING
ASSET FUND; CAPITALIZE RESERVES FOR SERVICES CONNECTED

TO THE PRESERVATION AND CREATION OF NEW PERMANENT
SUPPORTIVE HOUSING; ASSIST PERSONS EXPERIENCING OR AT
RISK OF HOMELESSNESS; ACCESIBILITY MODIFICATIONS IN
LOWER-INCOME OWNER-OCCUPIED HOUSING; EFFORTS TO

ACQUIRE AND REHABILITATE FORECLOSED OR VACANT HOMES
AND APARTMENTS; HOMEOWNERSHIP OPPORTUNITIES; AND

FISCAL INCENTIVES MADE BY A COUNTY TO A CITY WITHIN THE

COUNTY TO INCENTIVIZE APPROVAL OF ONE OR MORE
AFFORDABLE HOUSING PROJECTS.

The City of Avenal anticipates submitting an application under the NOFA published August 17, 2022 for the full five-year allocation of $627,912. The City anticipates using the funding to support predevelopment, development and rehabilitation of affordable housing and housing stability.

The purpose of this public hearing is to give the public an opportunity to make their comments known regarding what types of eligible activities the City of Avenal should include in the PLHA five-year plan and to discuss and approve the proposed plan and application prior to submittal to the State.

If you require special accommodations to participate in the public hearing, please contact Maria “Angie” Ortiz, City Clerk, City of Avenal, 919 Skyline Blvd., Avenal, CA 93204, or you may telephone (559) 386-5766. In addition, the proposed plan is available for review at the above address between the hours of 8:00 a.m. and 4:30 p.m. on Monday Friday.

If you are unable to attend the public hearing, you may direct written comments to the City of Avenal919 Skyline Blvd., Avenal, CA 93204, or you may telephone Maria “Angie” Ortiz (559) 386-5766. In addition, information is available for review at the above address between the hours of 8:00 a.m. and 4:30 p.m. Monday Friday.

The City of Avenal promotes fair housing and makes all its programs available to low and moderate income families regardless of age, race, color, religion, sex, national origin, sexual preference, marital status or handicap.

Publish: October 29, 2022 in the Hanford Sentinel
November 10, 2022 Pg. 52
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: November 10, 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.

November 10, 2022 Pg. 53
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: November 10 , 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.

November 10, 2022 Pg. 54

AVENAL POLICE DEPARTMENT
317 Alpine, Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
City Council Agenda Item
TO: The Honorable Mayor & City Council
FROM: Antony V. López, City Manager
PREPARED BY: Robert Nevarez, Chief of Police
DATE: November 10, 2022
REGARDING: Consideration to Approve the purchase of two Dodge Durango vehicles <><><><>
INFORMATION/BACKGROUND:

As our department gets back to full strength, we need to ensure there are a sufficient reliable patrol cars that officers can use in the handling of their emergency duties.

Our current vehicle inventory includes two Ford Explorers that will soon have 100,000 of patrol driven miles. These vehicles require increased maintenance and repairs that frequently takes them out of service. We also have two 2010 Ford Crown Victorias assigned to our “Community Response Team” (CRT) with 170,000 and 160,000 miles. The CRT team was recently brought back into service, and we expect to use them more in the future.

We recommend the purchase of two 2023 Dodge Durango vehicles to replace the two aging cars in our patrol fleet. The replaced patrol fleet vehicles will be transitioned to the CRT team. The two Dodge Durangos are currently available from a vendor but require a Purchase Order from the City to secure their availability.

Public Works was contacted for assistance in locating vehicles and they have confirmed it is incredibly difficult to find any vehicles in the current environment.

We intend to use the governmental “piggyback“ process to obtain these vehicles to streamline the purchase process and allow us to ensure the current price and availability. The base price for each vehicle is $42,465.54, for a total of $84,931.08. With upfitting, Staff estimates the total cost for each patrol vehicle to be around $62,000, or $124,000 for both. The upfitting will be brought to council once the vehicles are acquired. Delivery date estimate is around April/May of 2023.

This is being brought as an emergency item, as the quote was provided on November 8, after the council agenda was finalized, and because a decision needs to be made to secure this price before 30 days. The next Council meeting is scheduled for December 8, which will be cutting it close given the supply-chain constrains. National Auto Fleet Group recommends providing the Purchase Order by next week to secure the price and delivery in four-five months.

FISCAL IMPACT:

None to the General Fund since these vehicles will be purchased with COPS 19/20 funds.

Estimate based on quote: $84,931.08
RECOMMENDATION:

By motion authorize the City Manager and/or designee to purchase two Dodge Durango vehicles using COPS funding.
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COUNCIL ACTION
November 10, 2022
APPROVED: ______ DENIED: _______

ATTACHMENT A

City Council/Successor Agency/Public Finance AuthorityNovember 10, 2022

City Council/Successor Agency/Public Finance Authority
November 10, 2022