CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
DECEMBER 8, 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: 2022-60
(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. PENDING LITIGATION (Government Code § 54956.9).
It is the intention of this governing body to meet in closed-session concerning:
Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).
Initiation of litigation (Government Code § 54956.9(d)(4)).
Number of potential cases is: __1___.
B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).
It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agency as follows:
Property Description: APN: 038-290-028
Negotiator(s): City Manager/City Attorney
Party with whom negotiating Avenal Sand Drags Association, Inc.
Instructions to negotiator concerning: Terms of Payment C. Conference with Labor Negotiator(s) (Government Code § 54957.6).
It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives:
Designated representatives: -Bargaining Unit 4
-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 authority of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person
5. CONSENT CALENDAR:
All items listed under the consent calendar are routine and enacted by one motion: (Action).
A. Consider City of Avenal/Successor Agency’s Approval of Minutes for: November 10, 2022.
B. Ratify Approval to Purchase Two Dodge Durango Patrol Vehicles (APD) - Emergency Item Approved November 10, 2022.
C. Consider Adopting of Technology Use Policy, I.T. Policy 2022-01: Resolution 2022-61.
D. Consider Accepting Tobacco Grant Funds for $158,673, RFP: DOJ-PROP56-2022-23-1:
Resolution 2022-62.
E. Consider Creating Community Services Officer (CSO) Part-Time Position, under Police Department, Tobacco Grant Funded: Resolution 2022-63.
December 8, 2022 Pg. 1
F. Ratify Accepting UC Davis, California For All Animals - Sniptember Grant Agreement, UCD #A67065, for $90,000: Resolution 2022-64.
G. Consider Budget Adjustment to Hire Part-time Kennel Technician, Animal Control Department.
H. Consider Amending Definition of “Permanent Part-Time Employee” of the Personnel System Rules:
Resolution 2022-65.
I. Consider Ratifying Consent to Record an Agreement and its Attachments executed on October 3, 2007.
6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:
A. Consider Resolution Accepting November 8, 2022, Election Results: Resolution 2022-67.
B. Administer Oath of Office to Re-Elected City Council Members: Maria Ortiz, City Clerk a. City Clerk Opens Nominations for Mayor: Maria Ortiz, City Clerk b. Mayor Opens Nominations for Mayor Pro-Tem.
C. Consider Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration (CDTFA) Related to the Measure A, the New 1.00% Local Transactions and Use Tax
7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1. Community & Economic Development Department: Kao Nou Yang, Director.
2. Police Department Activity Report: Robert Nevarez, Chief.
B. Special Presentations/Reports:
1) Caltrans Presentation Clean California.
2) Avenal Landfill Quarterly Report: George Anderson, Site Manager.
8. PUBLIC HEARING(s):
A. None.
9. OLD BUSINESS:
A. Consider Extending Local Emergency Declared on March 24, 2020: (Discussion/Action).
B. Consider Extending Local Emergency Declared on May 27, 2021: (Discussion/Action).
10. NEW BUSINESS:
A. Consider Creation of Finance Manager Position (Discussion/Action):
11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.
12. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204.
Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.
I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, December 5, 2022.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
December 8, 2022 Pg. 2
CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL / AGENCIA
SUCESORA / PFA 8 DE DICIEMBRE 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: 2022-60 (SA) ÚLTIMA RESOLUCIÓN: 2022-02. 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.
A. LITIGIO PENDIENTE (Código de Gobierno § 54956.9).
Este órgano rector tiene la intención de reunirse a puerta cerrada en relación con:
Conferencia con asesor legal – LITIGIO ANTICIPADO (Código de Gobierno § 54956.9(d)).
Iniciación de litigios (Código de Gobierno § 54956.9(d)(4)).
El número de casos potenciales es: __1___.
B. Conferencia con Negociador(es) de Bienes Inmuebles (Código de Gobierno § 54956.8).
Es la intención de este órgano rector reunirse en sesión cerrada para consultar con su(s) negociador(es) de bienes inmuebles sobre la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera :
Descripción de la propiedad: APN: 038-290-028
Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad Parte con la que negocia Avenal Sand Drags Association, Inc.
Instrucciones al negociador relativas a: Condiciones de pago C. Conferencia con Negociador(es) Laboral(es) (Código de Gobierno § 54957.6).
Es la intención de este órgano rector reunirse en sesión privada para revisar su posición e instruir a sus representantesdesignados a:
Representantes designados: -Unidad de negociación 4
-Gerente 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 autoridad del Concejo Municipal / Agencia sucesora.
La ley estatal prohíbe a cualquier miembro del Consejo / Agencia comentar o actuar sobre asuntos que no están en la agenda. Se permiten tres (3) minutos por persona
5. CALENDARIO DE CONSENTIMIENTO:
Todos los elementos enumerados en el calendario de consentimiento son rutinarios y promulgados por una moción: (Acción).
A. Considere la aprobación de las actas de la Ciudad de Avenal para: 10 de noviembre de 2022.
B. Ratificar la aprobaciónde Purchase Two Dodge Durango Patrol Vehicles (APD) - Artículo de emergencia Aprobado el 10 de noviembre de 2022.
C. Considere la adopción de la Política de Uso de la Tecnología, Política de TI 2022-01: Resolución 2022-61.
D. Considere aceptar fondos de subvención de tabaco por $ 158,673, RFP: DOJ-PROP56-2022-23-1:
Resolución 2022-62.
December 8, 2022 Pg. 3
E. Considere la posibilidad de crear un puesto de Oficial de Servicios Comunitarios (CSO) a tiempo parcial, bajo el Departamento de Policía, Subsidio de Tabaco Financiado: Resolución 2022-63.
F. Ratificar la aceptación de UC Davis, California para todos los animales - Acuerdo de subvención de fragmentos, UCD #A67065, por $ 90,000: Resolución 2022-64.
G. Considere el ajuste presupuestario para contratar técnico de perrera a tiempo parcial, Departamento de Control de Animales .
H. Considerar enmendar la definición de "empleado permanente a tiempo parcial" de las Reglas del Sistema de Personal: Resolución 2022-65.
I. Considere la posibilidad de ratificar el consentimiento para registrar un acuerdo y sus anexos ejecutados el 3 de octubre de 2007.
6. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / TEMAS A CONSIDERAR:
A. Considere la resolución que acepta los resultados de las elecciones del 8 de noviembre de 2022: Resolución 2022-67.
B. Administrar el juramento del cargo a los miembros reelectos del Concejo Municipal: María Ortiz, Secretaria Municipal
a. Secretaria Municipal Abre Nominaciones para Alcalde: Maria Ortiz, Secretaria Municipal b. Mayor abre nominaciones para alcalde interino
C. Considere autorizar al administrador de la ciudad a ejecutar acuerdos con el Departamento de Administración de Impuestos y Tarifas de California (CDTFA) relacionados con la Medida A, el nuevo impuesto local sobre transacciones y uso del 1.00%
7. INFORMES DE ACTIVIDADES/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:
A. Informes de actividad:
1. Departamento de Desarrollo Económico y Comunitario : Kao Nou Yang, Director.
2. Informe de Actividades del Departamento de Policía: Robert Nevarez, Jefe.
B. Presentaciones especiales/informes:
1) Caltrans Presentación Clean California.
2) Informe trimestral del relleno sanitario de avenal: George Anderson, gerente del sitio.
8. AUDIENCIA(s) PÚBLICA(s):
A. Ninguno.
9. NEGOCIO ANTIGUO:
A. Considere extender la emergencia local declarada el 24 de marzo de 2020: (Discusión / Acción).
B. Considere extender la emergencia local declarada el 27 de mayo de 2021: (Discusión / Acción).
10. NUEVOS NEGOCIOS:
A. Considere el puesto de gerentede finanzas (discusión / acción):
11. CORRESPONDENCIA/ANUNCIOS/ COMENTARIOS FINALES:
• Temas del programa próximos/futuros que han de examinarse. • Correspondencia/Anuncios/Información/ Comentarios finales.
12. 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 5 de diciembre de 2022.
__ /s/ María Ortiz
Maria Ortiz, Secretaria Municipal
December 8, 2022 Pg. 4
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.
MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:22 p.m.
ROLL CALL: Councilmembers: Ricardo Verdugo, Pablo Hernandez, Luis Gravelle, Mayor Alvaro Preciado.
ABSENT: Mayor Pro Tem Alejandro Ramirez.
STAFF: Lopez, Ortiz, Bermudez, Davis, Lara-Nieto, Price, Nevarez, Williams, Yang.
LEGAL COUNCEL: Moses Diaz.
CITY CLERK:
Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.
The City Council went into Closed Session at 5:25 p.m.
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
B. Personnel (Government Code § 54957 (b)).
Consider public employee performance evaluation for the following positions:
Title: City Manager
Mayor Preciado re-opened the City Council meeting at 6:59 p.m. with nothing to report.
PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS:
Veronica Aguirre commented on the following: 1) Landfill complaints; 2) replace sidewalk on 700 Block of E San Joaquin St. or help replace it.
Antony Lopez, City Manager mentioned that on the landfill issues, he knows they have talked, and he can coordinate something with the with Central Valley Air Pollution Control District and discuss issues. So, in regard to the drive approach at you're parents’ house. He knows Public Works has been in touch with your family about that. It is not necessarily it is something that we cannot do. It was a public improvement that would require all the residents of that block to be willing to pay into and have that happen because that was an improvement that they that blocked it prior to the curbs go their sidewalk that happened in the late 80s and that was all through bonds and people paid that through them through their property taxes. So, that is something we can discuss more in detail.
Benjamin Cayucas, CEO County Chamber of Commerce & Co chair of the Kings County Tobacco Control Coalition reported:
1) Thanked all letting me speak today; 2) November 18th the greater Kings County Chamber of Commerce partnering with the King County Coalition will be partnering on to host a mixer at La Carreta from 5:30 to 6:30. It will serve as an opportunity for AGENDA ITEM NO. 5. – A.
December 8, 2022 Pg. 5
Joint Meeting City Council/Successor Agency/PFA – November 10, 2022
local retailers to come and learn more about the Chamber of Commerce Resources Compliance with regulations that will be going into effect beginning next month. If you have any questions to reach out to me and congratulations to the volunteers.
CONSENT CALENDAR:
All items listed under the consent calendar are routine and enacted by one motion: (Action).
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 Solar APP Grant for GFO-21-402 - California Automated Permit Processing Program.
G. Consider Expenses for 2022 Operation Gobble Turkey/Chicken Food Distribution under ARPA 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.
Ratifying 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 Verdugo motioned to approve, second by Councilman Hernandez and motion carried.
Ratifying 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 Verdugo motioned to approve, second by Councilman Hernandez and motion carried.
RESOLUTION 2022-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ADOPTING REVISION 1 OF THE CITY OF AVENAL PURCHASING MANUAL. Councilman Verdugo motioned to approve, second by Councilman Hernandez and motion carried.
Roll Call Vote:
AYES: Verdugo, Hernandez, Gravelle, Preciado.
NOES: None.
ABSENT: Ramirez.
ABSTAIN: None.
MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:
A. None.
ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1. Community Activities Department: Anna Lara-Nieto, Activities Department.
Anna Lara-Nieto, Activities Department reported the following: 1) Event Updates: Trunk or Treat / Halloween DanceDía de los Muertos-APD First Responders Appreciation Event; 2) Upcoming – Events: Give Thanks /Coloring Contest – Nov. 5 th
-
Nov. 16th Open to 5th grade and younger, November 18th – Free Movies at Theater, November 22nd – Operation Gobble, November 24th – Sit down Thanksgiving Dinner, Grinch Parade/ Tree Lighting, Dec 10th ; 3) Community Garden Updates - Restroom waiting on quote; and 4) October Rentals: Rec Center –3, Theater – 1, Pavilion- 2; 5) Programs/ Classes: Zumba, Veterans Hall – Community open space /Senior Center, California Health Collaborative- Parent Support Class- Started Nov 1st. – December. Every Tuesday at Rec Center.
2. IT Department Activity Report: Humberto Bermudez, IT Manager.
Humberto Bermudez, IT Manager reported the following: 1) Phone System; 2) Emails; 3) Server; 4) update on Clerk Software; and 5) 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 December 8, 2022 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – November 10, 2022
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 primarily 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.
3. Public Works/Building/Code Enforcement/Animal Control Departments Activity Report: Rob Williams.
Scott Davis, Public Works Supervisor, reported on the following: 1) Code Enforcement; 2) Park & Landscaping; 3) Streets; 4) Water Distribution; 5) Wastewater Collection; and 6) Vehicle, Equipment.
B. Special Presentations/Reports:
1) None
City Manager Lopez is requesting to add Consideration to Approve the purchase of two Dodge Durango vehicles as an Emergency item being time sensitive. This will be Item 10.A. for New Business.
Mayor Preciado motioned to add emergency item , seconded by Councilman Gravelle and motion carried.
Roll Call Vote:
AYES: Preciado, Gravelle, Hernandez, Verdugo.
NOES: None.
ABSENT: Ramirez.
ABSTAIN: None.
PUBLIC HEARING(s):
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.
Susan Long with Self Help Enterprises reported that 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)
Mrs. Long continues that 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 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.
December 8, 2022 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – November 10, 2022
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.
Mrs. Long concluded that 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. 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 fiveyear 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.
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 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.
Staff’s recommendation as follows:
1) Approval of Resolution No. 2022-60 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. 2022-60 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 Mayor opened Public Hearing at 7:50 p.m. there being no public comment hearing was closed at 7:51 p.m.
After a brief, discussion the following action was taken.
RESOLUTION NO. 2022-60: 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. Councilman Verdugo motioned to approve, seconded by Councilman Gravelle and motion carried.
Roll Call Vote:
AYES: Verdugo, Gravelle, Hernandez, Preciado.
NOES: None.
ABSENT: Ramirez.
ABSTAIN: None
December 8, 2022 Pg. 8
Joint Meeting City Council/Successor Agency/PFA – November 10, 2022
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.
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, Gravelle, Preciado.
NOES: None.
ABSENT: Ramirez.
ABSTAIN: None.
B. Consider Extending Local Emergency Declared on May 27, 2021:
City Manager Lopez reported that the Local Emergency due to the existence or threatened existence of a local emergency: Severe Water Shortage. The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists. Staff is recommending the City Council consider the following action by motion:
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.
Councilman Gravelle motioned to approve as recommended, seconded by Councilman Hernandez and motion carried.
Roll Call Vote:
AYES: Gravelle, Hernandez, Verdugo, Preciado.
NOES: None.
ABSENT: Ramirez.
ABSTAIN: None.
NEW BUSINESS:
A. Consideration to Approve the purchase of two Dodge Durango vehicles:
Captain Lujan reported that their 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 Victoria’s assigned to our “Community Response Team” (CRT) with 170,000 and 160,000 miles. The CRT team was December 8, 2022 Pg. 9
Joint Meeting City Council/Successor Agency/PFA – November 10, 2022
recently brought back into service, and we expect to use them more in the future.
Staff 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 Durango’s 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.
Staff 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.
He continues that 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. There is no impact to the General Fund since these vehicles will be purchased with COPS 19/20 funds. Estimate based on quote: $84,931.08 Staff recommends by motion authorize the City Manager and/or designee to purchase two Dodge Durango vehicles using COPS funding.
Councilman Gravelle motioned to authorize the City Manager and/or designee to purchase two Dodge Durango vehicles using COPS funding, seconded by Councilman Hernandez and motion carried.
Roll Call Vote:
AYES: Gravelle, Hernandez, Verdugo, Preciado.
NOES: None.
ABSENT: Ramirez.
ABSTAIN: None.
City Attorney Diaz mentioned that this Resolution would come back to the City Council to be ratified.
CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
Antony Lopez reported the following: 1) Thanked all staff for working hard; 2) November 8th Election update on Measure A & C passing there holdi22, 2022 Ob 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 committed ditto as City Manager Lopez.
Councilman Verdugo commented the following: Thanked staff for all they do and continue doing great on events; and 2) November 29th Rotary Derrick Tree Lighting at 4:30 to 5:30 PM all invited.
Mayor Preciado reported the following: 1) attended many meetings ; and 2) Thanked all Staff and be safe.
ADJOURNMENT:
There being no further business the City Council meeting was adjourned at 8:12 p.m.
Respectfully submitted,
aria Ortiz, City Clerk
December 8, 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: December 8, 2022
RE: Ratify Approval to Purchase Two Dodge Durango Patrol Vehicles (APD) - Emergency Item Approved November 10, 2022.
INFORMATION:
The City Council held a Regular Meeting on November 10, 2022, and added an emergency item to consider Approval to Purchase Two Dodge Durango Patrol Vehicles (APD). The item was presented by Captain Lennie Lujan, and approved by motion 4-0.
Once the item was approved, APD moved forward with submitting a purchase order for the vehicles. A corrected quote that included the cost of paint and appropriate tax was re-submitted, bringing the total to $93,044.52 (attached). This amount will be covered by the COPS grant.
RECOMMENDATION:
By motion, ratify the: Approval to Purchase Two Dodge Durango Patrol Vehicles (APD) - Emergency Item Approved November 10, 2022; with corrected quote cost of $93,044.52.
December 8, 2022 Pg. 11
November 8, 2022
Captain Lennie Lujan
City of Avenal Police Department
317 E Alpine
Avenal Ca 93204
Delivery Via Email
Dear Captain Lujan,
In response to your inquiry, we are pleased to submit the following for your consideration:
National Auto Fleet Group will sell, service and deliver at Avenal new/unused 2023 Dodge Durang Pursuit V-6 AWD responding to your requirement with the attached specifications for $ 41,626.00 plus Paint, State Sales Tax, and $8.75 tire tax (non-taxable). These vehicles are available under the Sourcewell (Formerly Known as NJPA) master vehicle contract# 091521-NAF.
Terms are net 30 days.
Delivery 120-180 Days ARO
National Auto Fleet Group welcomes the opportunity to assist you in your vehicle requirements.
Kevin Buzzard
National Law Enforcement Sales Manager
National Auto Fleet Group
626-457-5590 O / 714-26-41867 C / [email protected] One unit
MSRP Selling Price Total
Savings
Extended units
(2) Total Savings
2023 Dodge
Durango Pursuit
V-6 AWD 44,890.00 41,626.00 7.27% 83,252.00 6,528.00
Black and White
Paint 1,250.00 2,500.00
Sub Total 42,876.00 85,752.00
Sales Tax 3,108.51 6,217.02
Tire Tax 8.75 17.50
Transport 529.00 1,058.00
Total 46,522.26 93,044.52
December 8, 2022 Pg. 12
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.
December 8, 2022 Pg. 13
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.
************************************************************************
COUNCIL ACTION
November 10, 2022
APPROVED: ______ DENIED: _______
December 8, 2022 Pg. 14
ATTACHMENT A
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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: Humberto Bermudez, IT Manager
DATE: December 8, 2022
RE: Consider Adopting of Technology Use Policy, I.T. Policy 2022-01 INFORMATION:
As presented at a previous Council Meeting, the IT Department has been working on policies regarding the use of technology and related equipment that all staff will be able to look towards for rules and guidance.
At this point, the current draft has been vetted by legal counsel, and compiles relevant policies and disclosures that will apply to all staff and non-employees alike who interface with City electronic equipment. IT Department staff feels comfortable implementing the current draft of the policy as the City moves away from the County IT services and brings City Hall IT needs inhouse.
The Technology Use Policy, I.T. Policy 2022-01 will ensure proper protections to the City and Staff about data use and will help ensure compliance with most State of Federal requirements as a government entity.
RECOMMENDATION:
Staff is asking that Council consider adoption Technology Use Policy, I.T. Policy 2022-01, by Resolution 2022-61, and begin implementing the policy immediately. Any updates or changes will be brought to Council for review, and should this policy need to be codified into the Municipal Code or other policy manual, it shall be included there as well.
December 8, 2022 Pg. 28
I.T. Policy 2022-01
Draft 12/05/2022
Pg. 1
City of Avenal
Computer and Electronic Technology Usage Policy
I.T. Policy 2022-01
I. PURPOSE
a. The purpose of this Policy is to establish guidelines and standards for proper use of the City of Avenal's (City’s) computer system and City owned, leased, or controlled computers and other electronic technology and/or devices used by employees in the operation of City departments or while performing assigned duties or conducting City business.
II. DEFINITIONS
a. “Computers” and “computer system” includes, but is not limited to, computers and all computer components, such as computer processing units and contents; hardware and drives; laptop computers; computer screens and human interface devices; software programs; networks, cables, or wires; switches; printers; scanners; and/or speakers.
b. “Other electronic technology or devices” includes, but is not limited to, electronic mail (e-mail); Internet/Intranet; telephones including voice mail; cellular phones; facsimile (fax) machines; City web page(s); diskettes; security, storage and/or back-up media; video teleconferencing; electronic subscription services; electronic documents; personal data assistants (PDAs); pagers; or other hardwired or wireless communication devices, including dial-in and other remote access to the City’s computer system from off-site locations.
c. “Authentication” is the process of verifying the identity of the user. d. “City employee” encompasses “Full-Time Employee”, “Permanent Part-Time Employee”, “Temporary Employee”, “Regular Employee” and those who are “Regularly employed in permanent position” as stated in the City of Avenal Personnel System Rules e. “Non-employee(s)” are defined within this policy as, but not limited to: independent contractors, interns, program participants, trainees, vendors, or volunteers f. “City Business” is defined as any authorized work, discussion, activity, and/or other ordinary, necessary, or required work performed on behalf of the City of Avenal. g. “Personal device” is, but are not limited to any computers, computer components, human interface devices, software and licenses, or other objects mentioned in “computers”, “computer system”, and “other electronic technology or devices” that are not owned, leased, or rented by the City of Avenal.
III. POLICY
a. The City of Avenal’s computer system and equipment and all City owned, leased, or controlled computers and electronic technology, equipment or devices are the sole property of the City. This shall include computer and/or any other electronic technology equipment and/or devices loaned to the City from another public agency, a grantor, or a private agency. The City retains the right, at its sole discretion, to select, maintain, replace, upgrade, assign, or authorize or rescind authorization for use of City computers, the computer system, and/or electronic technology and devices.
IV. APPLICABILITY
a. This Policy applies to all City officeholders, employees and staff employed by the City, including interns. Any reference in this Policy to "employee(s)" is intended to also include non-employees.
December 8, 2022 Pg. 29
I.T. Policy 2022-01
Draft 12/05/2022
Pg. 2
b. Unauthorized use by non-employees is strictly prohibited. The City Manager, and/or the appropriate Department Head, or his/her designee, may authorize the use of the City's computer system and/or other electronic technology or devices by a non-employee who has a legitimate business purpose for such use. Non-employees must be authorized to use such City systems or equipment and must be advised of their responsibility to follow the standards contained in this Policy and any other applicable City or department policies, procedures, or regulations. c. This policy is reviewed annually in order to ensure the terms are understood by those affected by this policy. The contents of this policy are subject to change at any time as a result of experience, new information, changes in process requirements and the availability of resources.
V. PRIVACY AND MONITORING
a. Employee communications on the City's computer system are not private, and employees should never have an expectation that their messages, files, documents, or computer use is or will be kept private.
b. Employees are hereby made aware that any file, document, or record, including communications through computers or other electronic technology or devices, may be considered public record, and therefore subject to disclosure under applicable state and/or federal laws. c. The City reserves the absolute right to monitor employee usage of the computer system and/or any other electronic technology or devices to ensure proper working order, appropriate and authorized use by employees or non-employees, the security of City data and its information, or to retrieve the contents of any employee communications or other transmissions or use of the system. The City reserves the absolute right to access and inspect any or all usage, including, but not limited to, logs, files, images, records, transactions, data, accounts, invoices or statements, including archived or deleted material of present or former employees, without the users' consent for any purpose related to maintaining the security and integrity of the computer system or for any relevant purpose related to City business.
VI. USER ID AND AUTHENTICATION
a. The City of Avenal relies upon the use of City assigned and unique credentials (“User ID” and password) to each user to accomplish authentication for access to City’s computer and information technology resources. User ID and password must not be shared and must be kept secure from disclosure to persons other than the assigned user. The User ID represents a user in various system activities, provides access to certain software and data based on their department-established authorization, and associates their own software and data with their identity. Misuse of any information may constitute forgery or misrepresentation. Assuming another person’s identity, or assuming an anonymous identity, is expressly prohibited. b. Other stronger authentication methods include, but is not limited to, two-factor credentials; a “something you have and something you know” method and Biometric Authentications; using the user’s unique human characteristics to provide proof of identity. c. Two-Factor Authentication “something you have” is defined as a hardware device such as a token, smart card, or computer device, and the “something you know” is a personal identification number (PIN) or another identifier.
d. Unique human characteristics required for Biometric Authentication include but are not limited to:
Fingerprint scanning (e.g., Touch ID), facial recognition (e.g., Apple Face ID, Windows Hello), iris or retina scanning, and voice recognition.
e. User and privileged level passwords shall be constructed in a manner that minimizes the likelihood of password guessing or brute force attacks. Passwords must have the following characteristics to December 8, 2022 Pg. 30
I.T. Policy 2022-01
Draft 12/05/2022
Pg. 3
ensure strength and complexity:
i. Are at least six alphanumeric characters in length
ii. Consist of at least three of these four categories
iii. Lowercase letters
iv. Uppercase letters
v. Numbers (0-9)
vi. Special characters as permitted by software (!@#$%^&*() _+|~=\` {} []:";'<>?,./) vii. Are not words in any language, slang, dialect, jargon, etc. f. User-level accounts that have privileged level rights granted through group memberships or programs such as “sudo” must have a different password than the non-privileged-level accounts.
Transmission of your individually assigned credentials (e.g., “User ID” and password) in clear text is prohibited. Authentication mechanisms shall use encryption to protect the login session.
Passwords must not be inserted into email messages or other forms of electronic communications without adequate protection (e.g., end-to-end encryption) of the credentials g. User accounts will be disabled upon employee departure or termination to prevent unauthorized access to the City’s computer systems.
VII. E-MAIL SERVICES (E.G. OUTLOOK AND/OR INTERNET MAIL) a. All electronic mail messages are considered City records unless an exception exists under the State law. The City reserves the right to access and use for any purpose the contents of all messages sent over its electronic mail systems, including electronic mail sent over the Internet. Employees should not expect or assume any privacy regarding the content of electronic mail communications. b. When communicating with individuals, groups, or institutions, employees do so as a representative of the City. Thus, all actions should be performed in a professional manner. Users of City-provided email systems are expected to use these systems in a professional manner and tone. c. Users must represent themselves according to their true and accurate identities in all electronic messages, files, and transactions at all times.
d. Confidential, restricted, or proprietary data should not be sent via the Internet without appropriate encryption safeguards. This includes specific strategies, major directions, and working files not completed for public dissemination; confidential or restricted data as defined by local, state, or federal laws; data of other businesses or persons with respect to which the City is under an obligation of confidentiality.
e. The City of Avenal will retain all user e-mails for a minimum of 3 years. User emails may be retained for an extended period of time, up to indefinitely as requested by the City Manager or City Clerk.
f. In preparation for separation from the employ of the City, all passwords and other credentials used by the employee must be provided to their department head or supervisor. User accounts will be disabled and retained for 60 days after date of separation. Supervisors and/or department heads may request that ex-city employee emails be temporarily forwarded to them for purposes of, but not limited to: allowing sufficient time to complete any unresolved business left by the City employee or to aid in transitioning a new staff member of the same or similar position. These requests will be handled on a case-by-case basis to be approved by the department head or the City Manager.
December 8, 2022 Pg. 31
I.T. Policy 2022-01
Draft 12/05/2022
Pg. 4
VIII. PERSONAL DEVICE USE FOR CITY BUSINESS
a. Use of personal devices for city business is strictly prohibited except in cases of emergency. The City of Avenal will provide City-owned computer system access to employees and non-employees when deemed necessary to fulfil regular and/or necessary functions. b. If approved by the IT Manager and relevant department head, a City employee may opt out of using a City-provided computer or smartphone in favor of a personal device, but only when no Cityprovided alternative is reasonably available and only if the attached agreement is signed by the employee. In such cases, the employee shall be solely responsible for misuse and other issues which arise from use of such a private device. In such cases, the employee shall cooperate to provide all information from their private device which is deemed to be a public record, whenever requested by the City, and failure to do so can result in imposition of discipline, termination and/or legal action.
c. Personal devices used for City Business may be subject to the same audit as City-owned devices. d. The City’s Information Technology Department does not provide warranty or technical support for personal devices.
e. Employees accessing the City’s computer system using a personal device must proceed in the following manner:
1. Employees using a personal device must sign an agreement allowing the City summary access and providing a copy to City upon request. Additionally, employees using personal devices must do one of the following or a combination thereof:
a. For text-based communications (e.g. email, SMS texting, etc.) employees must copy their City accounts for all transmitted communications touching on City business; and/or b. Employees must forward all communications touching on City business to an official City account.
f. The City will ensure official e-mail messages in employee’ personal accounts are preserved in the agency’s recordkeeping system, and if applicable, City reserves the right to ensure official City emails in employees personal account are preserved.
IX. PROHIBITED CONDUCT
a. Unauthorized use by employees of a City computer or other electronic technology device is strictly prohibited. Employees must not make or attempt to engage in unauthorized use of any City computer, the computer system, and/or any other electronic technology or device(s), including access with credentials not assigned to them. It is recognized that certain employees, such as janitorial staff, maintenance workers or information technology employees, may have access to City buildings and offices before, during or after regular working hours in the course of their duties or assignments. However, these employees must maintain the integrity, confidentiality, and security of all areas in which they may be assigned or have access to, and shall not use City computers, the computer system, and other electronic technology and devices without authorization. b. The City's computer system must not be used to solicit others for any employee’s personal or commercial venture(s) and/or gain, not for any religious activities, nor political causes, campaigns or issues.
c. The City of Avenal strives to maintain a workplace free of harassment. Therefore, the City expressly December 8, 2022 Pg. 32
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Draft 12/05/2022
Pg. 5
prohibits the use of its computers, the computer system, or other electronic technology or devices in ways that are inappropriate, unauthorized, disruptive, illegal, and/or offensive to others. For example, accessing, displaying, transmitting, downloading, or printing sexually explicit images, messages, web sites, jokes or cartoons is strictly prohibited. Other such examples of misuse may include, but are not limited to, use of profane, foul or demeaning language, threats, disparaging or insulting comments, personal or ethnic slurs, racial comments, off-color or offensive jokes or images, or anything that may reasonably be construed as harassing, intimidating, offensive, or retaliatory. Attachment A to this Policy describes expected standards of computer and electronic technology etiquette and examples of conduct that could be considered to be in violation of this Policy.
d. The illegal or unauthorized duplication of software and its related documentation is strictly prohibited. The City purchases and licenses the use of various computer software for City business purposes and often does not own the copyright to this software or its related documentation. Unless authorized by the software developer, the City and its employees must not reproduce such software for use on more than one computer unless explicitly stated in the software’s license agreement.
Accordingly, employees may only use software on local area networks or on multiple machines according to the software licensing agreements.
e. The unauthorized use, installation, copying or distribution of copyrighted, trademarked, or patented material on the City's computer system or other electronic technology or devices is strictly prohibited. As a general rule, if an employee has not obtained specific Department authorization for its use, it must not be installed or downloaded on a City computer, the City's computer system or other electronic technology or devices. This includes installation of web browser plug-ins. f. Employees must not remove or take any City property from City premises for personal use or gain, including City computers or equipment or other electronic technology or devices. Employees may be authorized to transport or move City computers, computer equipment, or other electronic technology or devices for City business only in accordance with a telecommuting agreement as stated in the City’s Telecommuting Policy or other arrangement. Authorization must be received from the Department Head, his/her designee, or in cases of remote work, the City Manager, prior to transporting or moving such equipment or devices.
X. REQUIREMENT TO ADHERE TO OUTSIDE AGENCY CONDITIONS AND AGREEMENTS a. The City of Avenal may, at its sole discretion, contract with outside agencies or vendors for services related to the operation of the City's computer system, Internet/Intranet access, or other electronic technology or devices. When required by outside agencies or vendors, employees must abide by all legitimate conditions, rules and standards of the outside agency or vendor, and must sign and comply with provisions of any City-authorized Acceptable Use Agreements in addition to this Policy.
XI. CONFIDENTIALITY OF CITY FILES, RECORDS AND DATA
a. Employees shall maintain the security and confidentiality of information, data, files and/or records contained in or generated by the City's computer system or other electronic technology equipment or devices, except as required by the relevant Department Head in conjunction with any public records request and determination. It is recognized that in the normal course of work, employees may have access to confidential information, legal documents, medical records, or other information or data about City business, members of the public, or other employees. It is the responsibility of all employees to maintain confidentiality of information obtained directly or indirectly through City employment. Employees shall not divulge or disclose to unauthorized parties’ confidential information available to them through the direct or indirect course of their assigned duties, except as directed by the relevant Department Head.
b. Employee use of the City's computer system is to be conducted on a "need to know" or "need to access" basis which is credible and related to City business and/or assigned duties. Employees shall December 8, 2022 Pg. 33
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Draft 12/05/2022
Pg. 6
not obtain, attempt to obtain, or share information, files, records and/or data from the City's computer system which is unauthorized for purposes which may be considered invasion of privacy.
Employees shall not use or disclose confidential information for personal gain or for private use unrelated to their City duties, either for themselves or for others. Each City Department may establish specific internal policies regarding confidentiality of material and information and may require that employees be advised of and sign confidentiality agreements, which must be authorized in writing by the City Manager after review and comment by the IT Director.
XII. DEPARTMENT AUTHORIZATION FOR PERSONAL USE OF COMPUTERS a. Occasional personal, non-work-related use of the City's computer system or other electronic technology devices may be allowable within reasonable limits as long as it does not interfere or conflict with the City’s Policy or with the completion of assignments, duties or working hours, and only when it does not result in significant expense to the public. Each Department shall establish in writing internal policies or regulations regarding the extent of and limitations to personal use of the City's computer system by department employees which must be consistent with this policy. In addition to compliance with this Policy, employees shall be duly notified of and shall comply with their Department's rules and regulations on computer use and use of other electronic technology or devices.
XIII. CONSEQUENCES OF VIOLATION OF CITY POLICY
a. Employees who violate any portion of the City of Avenal's technology use policies may be subject to disciplinary action, up to and including termination of employment. The City retains the right to remove and/or restrict employee access to the City's computers, computer system, or other electronic device(s) at any time for any reason at its sole discretion, including removal of access to the e-mail system or the Internet/Intranet. Please refer to the City’s Personnel Rules, Policies, and Procedures for further guidance of consequences upon violation of these policies. b. Pursuant to California law, any unauthorized access, attempted access, or unauthorized or illegal use of any computing and/or network system may be a violation of the California Penal Code (e.g.
Penal Code § 502(c)) and/or other applicable local, State, or federal laws, and may be subject to criminal prosecution.
Attachments:
Employee Acknowledgment Form
Attachment A - Computer and Electronic Technology Usage Policy Attachment B – Electronic Communication Devices – Proper Use Procedures* *NOTE: Attachment B, titled "Electronic Communication Devices - Proper Use Procedures" is included as an additional form which Departments may use as appropriate when assigning portable computer or other electronic technology equipment or devices to employees.
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I.T. Policy 2022-01
Draft 12/05/2022
Pg. 7
CITY OF AVENAL
COMPUTER AND ELECTRONIC TECHNOLOGY USAGE POLICY
EMPLOYEE ACKNOWLEDGMENT
I have received a copy of the City of Avenal Computer and Electronic Technology Usage Policy, including any appropriate attachments. It has been reviewed with me, and I have had an opportunity to discuss the Policy and its requirements with a supervisor or manager. I understand that I will be held responsible for knowledge of the contents of this Policy, and I further understand that I have an obligation to understand the terms of the Policy and I must comply with the Policy and its provisions.
I understand that violation of the City's Computer and Electronic Technology Usage Policy may result in restrictions to or revocation of my access privileges to access and/or use the City's computers, computer system, or other electronic device(s), and may result in disciplinary action, up to and including termination of employment.
I further understand that a violation may in some cases constitute a criminal offense which could result in investigation and/or prosecution by local, State, or federal law enforcement agencies.
My signature below indicates that I have read the above "Employee Acknowledgment" statements and that I have received a copy of the City’s Policy titled, "Computer and Electronic Technology Usage Policy". I understand that it is my responsibility to read and understand the entire Policy and any attachments and to contact my Supervisor or Department Head if I have any questions regarding the Policy or if I do not understand its requirements.
Employee Name: (please print)
Department Name: _____________________________________
Employee Signature: Date
Supervisor/Manager: Date
Distribution:
Original – Personnel File
Copy – Department File
Employee
December 8, 2022 Pg. 35
I.T. Policy 2022-01
Draft 12/05/2022
Pg. 8
Attachment A
City of Avenal
Computer and Technology Usage Policy
I. COMPUTER ETIQUETTE AND PROPER USE STANDARDS
All computer and electronic technology users are expected to abide by the generally accepted rules of computer and business etiquette. These include, but are not limited to, the following:
A. Communications on the computer system and/or any other electronic technology ARE NOT GUARANTEED TOBE PRIVATE, and USERS CANNOT AND DO NOT HAVE AN EXPECTATION OF PRIVACY.
B. Be polite and professional; do not be rude, unprofessional, derogatory, or abusive in your messages or communications with others.
C. Use appropriate language. Do not swear or use vulgarities or other inappropriate language or symbols.
D. Do not inappropriately or unnecessarily reveal personal information, such as home addresses or phone numbers or email addresses or passwords of yourself or others.
E. Do not use the computer or computer network in such a way that you could disrupt the use of the network by other users. Broadcast e-mails sent to all employees or large groups of employees or users must be reviewed in advance and must be pre-authorized by the Department Head or their designee.
F. Security of the City's computer system is a high priority, especially when the system involves so many users. Users must never allow others to use their password. However, disclosure of passwords or codes to supervisors or department management may be required for operational reasons or technical assistance and employees must comply with such requests.
G. Do not attempt to log onto the City's computer system or network as a system administrator, unless authorized to do so.
H. At all times, follow established department procedures for shutting down your computer at the end of the workday and for properly logging on to or logging out of the computer or the network or specific software programs.
II. EXAMPLES OF PROHIBITED CONDUCT
Below are some examples of conduct involving the use of the City's computers, computer system or other electronic technology or devices which are prohibited. These include, but are not limited to, the following:
A. Sending an anonymous e-mail or other message or misrepresenting any circumstances of an employee's true identity.
B. Sending or posting a message or image which can be perceived as discriminatory, harassing or threatening.
C. Sending or posting a message which may defame or slander any person, or which may result is discredit to the City.
D. Sending or posting chain letters, solicitations, or advertisements not related to City business.
E. Using the system or equipment to engage in any illegal activity, such as drug sales; lotteries; betting, gambling, or gaming; or advocating illegal acts.
F. Using the system or equipment to engage in inappropriate, non-work-related activity, such as on-line auctions, contests, or surveys, "Instant Messaging", or chat rooms.
G. Using the system for personal or unauthorized transactions which may incur a cost to the City.
H. Using or disclosing another employee's code or password without authorization.
I. Copying or downloading software or electronic files without permission, including music files, computer "games", screen savers, or "burning" CDs or DVDs.
J. Violating copyright law or failure to observe licensing agreements.
K. Intentionally transmitting a computer virus, "worm" or other malware, or introducing any of the same into the City's computing network or system.
L. Participating in the accessing, viewing, transmission or other exchange of pornography or other content which is sexually suggestive or obscene on any City equipment, including the City's computer system.
M. Knowingly or recklessly performing an act which may destroy, damage, alter, subvert, erase, disable orinterfere with the normal operation of the City's computers, computer data or files, terminals, peripherals, or the network.
N. Attempting to circumvent data protection schemes or to uncover security loopholes or other potential vulnerabilities, unless assigned with that task.
O. Deliberately or willfully wasting or misusing City computing or technology resources for personal use or gain, including cell phones, fax machines, printers, ink cartridges, toner, paper or other supplies.
P. Attempting to monitor or tamper with another user's electronic communications, or reading, copying, changing, or deleting another user's files or software without authorization.
Q. Using the system for political lobbying or campaigning, personal or financial gain, or fraud.
R. Logging on to, accessing, or using any City computer, the computer system, or other electronic technology or devices without authorization.
December 8, 2022 Pg. 36
I.T. Policy 2022-01
Draft 12/05/2022
Pg. 9
Attachment B
City of Avenal
Electronic Communication Devices
PROPER USE PROCEDURES
In conjunction with your assigned duties in the Department, you are being assigned the use of the following electronic communication device(s):
Type
(i.e., cell phone, pager, PDA, laptop,
etc.)
Brand/Model Serial Number Wireless Number Date Assigned In consideration of the ability to use this device while in the performance of your duties, you must read and agree to abide by the following terms and conditions. Initial each statement were indicated after you have read the statement.
1. The device(s) is to be used for City authorized business purposes only. Unless I have the express permission of my Department Head or his/her designee, I shall not allow unauthorized individuals (including friends or family members) to have access to or use the City device(s), either before, during, or afterworking hours. Initials
2. If the City device(s) is lost, stolen or damaged, I shall immediately report this to my supervisor or Department Head. I shall maintain the device according to manufacturer's recommendations, including proper battery recharging. I shall keep it secure from theft or misplacement. Initials
3. Except as otherwise instructed below, I shall not do not remove the device(s) from the City’s premises. I must obtain the device(s) from and return it to its proper location each day, or as instructed by my supervisoror manager.
Initials
4. I shall avoid using the phone while driving and safely pull to the side of the road or use rest stops to make or answer calls. I shall let the voice mail service answer the calls and then retrieve messages and return calls when safe to do so. Initials
5. If I need to use a cell phone to make an emergency call for assistance, I will call 9-1-1 and give the operator my name, cell phone number, AND a description of your location. Depending on roaming areas, you may not be talking to a 9-1-1 operator in your immediate vicinity. DO NOT assume the operator can locate you simply by answering your call.
Initials
6. I shall use the device(s) for City business purposes only, and only to the extent necessary to complete my assigned duties. I shall not incur excessive or unnecessary expenses through misuse or other improper or unauthorized use of the device(s).
Unless authorized to do so by my supervisor or Department Head, I shall not add, delete, or otherwise change features, services or contract agreements of the electronic communication device(s) assigned to me.
Initials
7. I understand and agree that this device(s) is the property of City of Avenal and is assigned to me solely at the discretion of my Department. It is my responsibility to relinquish the equipment and all accessories to my supervisor or Department Head upon their written or verbal instructions at any time during my employment, including during periods of leave, temporary or permanent reassignment, or termination of employment. Initials LIST BELOW ANY ADDITIONAL, SPECIFIC USE INSTRUCTIONS:
_____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Supervisor/Manager/Department Head: Date
I, (Print Name) , have received and read the above City of Avenal’s Proper Use Procedures for Electronic Communication Devices. I understand it is my responsibility to fully understand and follow these and any other written or verbal instructions given to me by the City regarding acceptable use standards for the electronic communication device(s) issued to me. I further understand that usage of this device(s) will be monitored by the City to ensure that proper use procedures are being followed, and that failure on my part to follow the procedures may be cause for disciplinary action, up to and including termination of my employment with the City of Avenal.
Employee Signature: Date
December 8, 2022 Pg. 37
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 TECHNOLOGY USE
POLICY, I.T. POLICY 2022-01
RESOLUTION 2022-_61__
WHEREAS, the City is organized and dictated per the City of Avenal Municipal Code, which stipulates procedures, rules, and policies that govern the City; and WHEREAS, on November 9, 2021, the City formed the Information Technology (IT) Department, with the purpose of managing and organizing the City’s technology needs; and
WHEREAS, to ensure smooth and proper operation of the City’s IT Department and understanding of operations among City Staff, a Technology Use Policy is necessary to help govern and dictate the use of the City’s technological equipment; and WHEREAS, Technology Use Policy, I.T. Policy 2022-01 summarizes most necessary rules and procedures for employees and non-employees alike regarding use of the City’s technological equipment; and
WHEREAS, future revisions shall be presented to Council for adoption, and this document shall be included in any relevant City policy manual, Municipal Code, or personnel rules, either required or deemed necessary by City Staff.
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 DECEMBER 8, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
December 8, 2022 Pg. 38
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 Technology Use Policy, I.T.
Policy 2022-01, and begin implementing this policy immediately. Any updates or changes shall be brought to Council for review and ratification, and should this policy deemed necessary to be codified into the Municipal Code or other policy manual, it shall be included there as well.
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 December 8, 2022 Pg. 39
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. D
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 8, 2022
RE: Consider Accepting Tobacco Grant Funds for $158,673, RFP: DOJ-PROP56- 2022-23-1
INFORMATION:
On August 17, 2022, City Staff, along with help from CrisCom and local representatives of the California Health Collaborative, submitted a grant to the California Department of Justice (DOJ) in response to an RFP for funding that supports local enforcement efforts to reduce the illegal sale of tobacco products to minors. Funding for the Tobacco Grant Program was a result of the passage of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Prop. 56) increasing taxes on cigarettes and other tobacco products by $2.00 starting in April 2017.
The City applied for funding that will support the creation of a community task force and host educational events to curb the use of tobacco among the youth, along with direct enforcement through shoulder tap operations and meetings with tobacco retailers. A chief component of this grant is the creation and hiring of a Community Services Officer (CSO), who will spearhead these efforts for the Police Department. The City is being awarded $158,673 to fund these activities through June of 2025.
As part of the award, the City is required to respond with a Letter of Intent to accept the award, and to commit to the requirements of the grant by executing a resolution and MOU with DOJ.
Attached is the award information, and a resolution authorizing the City Manager to submit the Letter of Intent and any other documents that may be required for the grant. Other documents approved by Council may be required by the January 12, 2023 meeting and will be presented once DOJ shares them.
RECOMMENDATION:
Adopt a Resolution Authorizing the City Manager to Accept Tobacco Grant Funds for $158,673, RFP: DOJ-PROP56-2022-23-1.
December 8, 2022 Pg. 40
ROB BONTA State of California
Attorney General DEPARTMENT OF JUSTICE
DIVISION OF OPERATIONS
TOBACCO GRANT PROGRAM
P.O. BOX 160187
SACRAMENTO, CA 95816-0187
Telephone: (916) 210-6422
E-Mail: [email protected]
11/15/2022
Antony V. Lopez, City Manager
City of Avenal Police Department
919 Skyline Boulevard
Avenal, CA, 93204
Re: Tobacco Grant Award Notification Fiscal Year 2022-23 (RFP: DOJ-PROP56-2022-23-1) Dear Antony V. Lopez,
Congratulations! On behalf of the California Department of Justice (Department), Tobacco Grant Program, I am pleased to inform you, your agency’s grant application for the fiscal year 2022-23 grant cycle has been approved for grant funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The total amount of your agency’s grant award is $158,673.
The Tobacco Grant Program’s award process is highly competitive, and for the 2022-23 grant cycle, the Department received over $34 million in requested grant funding. Grant funding was prioritized to support local enforcement efforts to reduce the illegal sale of tobacco products to minors. Also, as per the Request for Proposal, any funding for school resource officers/oncampus enforcement was not considered in this funding cycle. Consequently, some awards were approved with modifications based on funding priorities.
To accept the 2022-23 grant award, please return the following by email within 15 calendar days of receipt of this letter:
1. Signed Letter of Intent (template attached), affirming either:
a. Your agency will seek a resolution from the governing body to accept the award (if your agency has a governing body); or
b. No governing body exists and no resolution is required.
2. Award Summary (if modifications are required based on the revised award amount, as indicated in the Award Summary document)
Please email the signed Letter of Intent and other information as indicated above to [email protected] with the subject line: “FY 22-23_Letter of Intent_City of Avenal Police Department.” Upon receipt of this information, the Department will provide your agency with additional documents for execution/use (e.g., Memorandum of Understanding, Grantee December 8, 2022 Pg. 41
City of Avenal Police Department
11/15/2022
Handbook, etc.). These documents will contain more information about the process for reimbursement and other important details. Activities for reimbursement under this grant may commence January 1, 2023.
Should you have any questions regarding this letter or the required follow up information, please email [email protected].
Sincerely,
For STACY HEINSEN
Manager, Tobacco Grant Program
For ROB BONTA
Attorney General
Attachments:
Letter of Intent
Award Summary
Budget Detail
December 8, 2022 Pg. 42
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 December 5, 2022
Department of Justice
Division of Operations
Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 95816-0187
Re: Letter of Intent to Accept Tobacco Grant Program Award (Fiscal Year 2022-23) RFP: DOJ-PROP56-2022-23-1
Dear Tobacco Grant Program Specialist:
Please accept this Letter of Intent as our agency’s acceptance of the Tobacco Grant Program award for the 2022-23 grant cycle. The agency has agreed to accept the grant amount of $158,673.
In addition, on behalf of the agency, I affirm the following (please check one):
X The agency will seek a resolution from its governing body to accept the award.
Please reach out if you have any other questions or concerns, Sincerely,
Antony V. López, MPA
City Manager
(559) 386-5766
Email: [email protected]
December 8, 2022 Pg. 43
1 of 1
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF AVENAL
AUTHORIZING THE CITY MANAGER
TO ACCEPT TOBACCO GRANT
FUNDS FOR $158,673, RFP: DOJPROP56-2022-23-1
RESOLUTION 2022-_62__
WHEREAS, in 2022, the City applied for funding through the California Department of Justice (DOJ) Tobacco Grant Program; and
WHEREAS, the City received an award letter in the amount of $158,673 to support local enforcement efforts to reduce the illegal sale of tobacco products to minors as part of the Tobacco Grant Program; and
WHEREAS, the DOJ requires acceptance of the Tobacco Grant Program by Resolution and through a Letter of Intent along with other documentation.
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 DECEMBER 8, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the foregoing recitals to be true, correct and incorporated herein;
2. The City Council of the City of Avenal hereby authorizes the City Manager to accept the Tobacco Grant Funds for $158,673, RFP: DOJ-PROP56-2022-23-1 by submitting a Letter of Intent, and any other required documentation to execute to grant agreement.
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.
* * * * * * * * * * * * * * * * * *
December 8, 2022 Pg. 44
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. E.
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 8, 2022
RE: Consider Creating Community Services Officer (CSO) Full-Time Position, under Police Department, Tobacco Grant Funded INFORMATION:
As part of the Tobacco Grant Program, the City agrees to create a new position that will spearhead efforts to combat tobacco use from minors in Avenal. At the direction of Chief Robert Nevarez, the Community Services Officer (CSO), will be non-sworn personnel that will interfaces and work directly with patrol staff to conduct a variety of operations in the community to reduce and stop the sale of tobacco to minors. This position will also assist the Avenal Police Department in conducting events and building trust in the community as they advocate an anti-tobacco campaign.
RECOMMENDATION:
Attached is the job description for this new position, which will be funded through the Tobacco Grant Program through June 30, 2025. Once the grant is concluded, Staff expect funding may be available to continue the position through another grant, or possible through revenues generated by Measure A or possibly Measure C.
Recommend by Resolution, approve establishing one Community Services Officer, FullTime Position, in the Avenal Police Department.
FISCAL IMPACT:
As a grant funded position, the majority of the CSO position will be paid through the Tobacco Grant Program, through June 30, 2025. $94,848, is made available to fund the position, which is calculated to support the CSO position for up to 30 months. Extra funds may be available given that Fiscal Year 2022-2023 is halfway through and a year’s worth of labor funding is available.
Benefits, which are estimated to cost the City $8,075 per year, will be provided in-kind by the City, and funded through the Police Department’s Personnel budget. This is the only expected impact to the General Fund.
December 8, 2022 Pg. 45
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
1 Community Services Officer
SALARY RANGE: B $2,730- $3,318.33 per month
REPORTS TO: CHIEF OF POLICE
GENERAL DESCRIPTION & RESPONSIBILITIES:
Performs assignments which involve public contact work in tobacco education, youth tobacco prevention, crime prevention education, community-police trust building efforts and the delivery of non-emergency police services.
Incumbents may be assigned to any shift including nights, weekends, and holidays.
EXAMPLE OF DUTIES (but not limited to):
Assemble a local taskforce of stakeholders to begin achieving the goals of an anti-tobacco campaign.
Create educational marketing materials, Public Service Announcements on social media, and mailers targeted towards minors and their families in English and Spanish.
Host monthly educational events at schools, parks or other public places.
Coordinate with sworn-personnel to perform compliance checks and decoy operations at random to licensed retailers.
Issue citations for municipal code violations, infractions and misdemeanors.
Conduct compliance checks for reduction of tobacco usage among minors through sample survey.
Coordinate “shoulder tap" or other enforcement operations.
Assist police officers with non-enforcement duties; completes routine police reports; appears in court when necessary; maintains records of daily work activities.
Perform non-hazardous investigative duties related to the commission of crimes against property and persons; collects and preserves evidence at crime scenes.
Solicit community participation, support and input in determining crime prevention needs; presents information to citizen groups, businesses, and homeowners on crime prevention programs and methods of identification of property and valuables.
Collect and compile statistical data; researches trends and police reports for the development of home security and crime prevention programs.
Performs home and business security inspections; makes security recommendations.
Investigate non-injury vehicle accidents; directs and controls crowds and traffic at accidents or special events.
Receives and responds to citizen inquiries; gives general assistance or directions as appropriate.
Perform routine office functions such as word processing, filing, record keeping, including the preparation of police reports. Performs related duties as required.
Assist Records personnel as needed
Perform other duties as determined necessary by the Chief of Police or Captain.
December 8, 2022 Pg. 46
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
2 DESIRABLE QUALIFICATIONS:
Knowledge of: (By the end of the probationary period, incumbents must demonstrate adequate knowledge, abilities, and skills to perform tasks )
• Knowledge of the major streets, buildings, and areas in the City of Avenal. • Knowledge of community service programs and community-based organizations. • Knowledge of research techniques, methods, and procedures. • Ability to demonstrate various security methods and to instruct the general public about crime and burglary prevention programs.
• Ability to establish and maintain effective working relationships with those contacted during the performance of assigned duties.
• Ability to communicate effectively in oral and written form. • Ability to acquire a working knowledge of various criminal and vehicle codes and police report writing techniques.
• Ability to learn to operate a police radio and use a variety of computer business software applications to prepare clear, concise and comprehensive records, reports, correspondence, and other written materials.
Skills: Perform digital and clerical work involving use of independent judgement requiring accuracy and speed, use vocabulary, spelling and grammar in a proficient manner; keep accurate records; create flyers; organize community events; utilize social media for a public audience; type at a speed of 45 words per minute from clear copy; understand and carry out oral and written directions; and establish and maintain cooperative relationship with those contacted in the course of work.
EDUCATION AND EXPERIENCE:
High School education or the equivalent and one years of experience working with the public, typing and general clerical work. Experience with computers and digital media desirable and preferred. Possess strong organizational and human relation skills. A valid Class “C” California Drivers License is required. Bilingual preferred, but not required.
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.
Created 12/5/22
December 8, 2022 Pg. 47
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
ESTABLISHMENT OF A
COMMUNITY SERVICES OFFICER
(CSO) FULL-TIME POSITION, UNDER
POLICE DEPARTMENT
RESOLUTION 2022-_63_
WHEREAS, the City Council of the City of Avenal (“City”) desires to consider information and recommendations from the City Manager pursuant to Avenal Municipal Code § 2-4.108(d) pertaining to reorganization and creation of employment positions; WHEREAS, City desires to create new Community Services Officer (CSO) employment position to assist with carrying out the lawful business of the City under the control, oversight and direction of the relevant department head(s), and it is in the best interest of the City to create such new employment position; and WHEREAS, City desires to see the CSO position perform outreach, host community events, and direct an anti-tobacco campaign in adherence to stipulations of the Tobacco Grant Program funds the City was awarded in 2022; and WHEREAS, it is the intent of the City Council to create the permanent full-time employment position and approve the job announcement and details thereof.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON December 8, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
,
AVENAL
MARIA A. ORTIZ,
City Clerk
CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor
CITY OF AVENAL
December 8, 2022 Pg. 48
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true;
2. Approved and adopted the employment opportunity announcement in ATTACHMENT A;
3. Approved the creation of a full-time employment positions and classifications within the Avenal Police Department which shall be governed by the opportunity announcement in ATTACHMENT A for the Community Services Officer position;
4. Unless a budget amendment is necessary, in which case it shall be added to a future Council meeting agenda, the new employment positions created by this resolution shall be considered funded under the 2022 Tobacco Grant Program and existing City budgets for the relevant departments or special budget circumstances through June 30, 2025; and
5. Authorized the City Manager, City Clerk and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
December 8, 2022 Pg. 49
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: December 8, 2022
RE: Ratify Accepting UC Davis, California For All Animals - Sniptember Grant Agreement, UCD #A67065, for $90,000
INFORMATION:
On November 28, 2022, City Staff was informed that the City would be awarded $90,000 to fund a spay and neuter program grant proposal as part of the California For All Animals grant. The City if being awarded as a sub-recipient to UC Davis’ state funding for animal programs. Both City Staff and CrisCom worked on the proposal.
The funding will provide the Animal Control Department up to $90,000 to “provide spay and neuter surgeries to 600 shelter dogs and cats for one year” or an average of 50 animals per month, starting December 15, 2022 through December 14, 2023. City Staff anticipates working with a local veterinarian or a mobile service to help bring the services to the community.
Due to the short turnaround to begin the project, the City Manager executed the agreement provided by UC Davis and is seeking ratification of this action.
RECOMMENDATION:
Adopt a Resolution Ratifying the City Manager Accepting UC Davis, California For All Animals - Sniptember Grant Agreement, UCD #A67065, for $90,000.
December 8, 2022 Pg. 50
12/5/22, 10:17 AM Mail - Antony V. López - Outlook
https://outlook.office.com/mail/inbox/id/AAQkADg2Nzg1Y2MwLTg4MTktNDJjZC04ODgyLTUzYzBhZjgyN2U5NgAQAOMW3BGmWUdJjSRCCDZFij0%3D 1/2 From: Emily Leverentz <[email protected]>
Sent: Monday, November 28, 2022 2:22 PM
To: Raul Valadez <[email protected]>
Cc: [email protected]
Subject: UC Davis, California For All Animals - Sniptember Grant Agreement - Please Sign - City of Avenal Emily Leverentz
Administrave Assistant
UC Davis, Koret Shelter Medicine Program
[email protected]
www.sheltermedicine.com
Time Zone: MST
December 8, 2022 Pg. 51
UCD #_______
1 of 4
UC Davis Agreement #_______
SHELTER SERVICES AGREEMENT
(City of Avenal)
THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and CITY OF AVENAL (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”).
The parties agree as follows:
1. Shelter Services. Shelter shall adhere to the scope of work described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services”). University shall reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit A. “Deliverables” shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.
2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $90,000 upon invoice from Shelter and final signature of this Agreement. Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address [email protected].
3. Term. Services shall be rendered from December 15, 2022 through December 14, 2023.
4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.
5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.
6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.
December 8, 2022 Pg. 52
UCD #______
7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.
8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.
9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.
10. Use of University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.
11. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:
UNIVERSITY (regarding contracts) SHELTER (regarding contracts) Valerie A. Roque Raul Valadez
Business & Revenue Contracts Animal Control Officer
University of California, Davis City of Avenal
One Shields Ave. 1299 Hydril Rd
Davis, CA 95616 Avenal, CA 93204
E-mail: [email protected] E-mail: [email protected] UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: [email protected]
12. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.
13. Governing Law. This Agreement shall be construed pursuant to California law.
14. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##11#1). This agreement shall be December 8, 2022 Pg. 53
UCD #______
subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.
15. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.
Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.
16. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days’ written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.
17. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.
AGREED:
CITY OF AVENAL THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
By: By:
(authorized signature)
Print name:
UC Davis
Title:
Date: Date:
December 8, 2022 Pg. 54
UCD #_______
4 of 4
Exhibit A
Scope of Work
1. Purpose of the work: The City of Avenal will receive funds to provide spay and neuter surgeries to 600 shelter dogs and cats for one year.
2. Roles and responsibilities of each party: The City of Avenal will utilize the funds received to spay and neuter 600 dogs and cats in their care. No university equipment will be used.
3. Dates and times will the work be completed: Work will be completed during the contract period of December 15, 2022 through December 14, 2023.
4. Location where work will be performed: 1299 Hydril Rd, Avenal, CA 93204
5. Required deliverables: One final report will be required upon completion of the program. Additional touch points during the grant will be discussed with project officer. Organization is asked to keep track of the total number of surgeries per species used with grant funds, number of veterinary and nonveterinary staff trained, total amount spent on supplies and equipment, and number of spay/neuter events held.
6. Project milestones: Program pilot to be completed by December 14, 2023.
7. Total cost of the services: Total of services not to exceed $90,000. No construction costs will be funded through this grant.
Items: 50 spay/neuter surgeries per month at $150 each x 12 $90,000 Total expenses: $90,000
8. Payment schedule: Payment will be upon execution of the agreement.
9. Anticipated additional work: Additional work is not anticipated at this time.
December 8, 2022 Pg. 55
1 of 1
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF AVENAL
RATIFYING THE CITY MANAGER
ACCEPTING UC DAVIS, CALIFORNIA
FOR ALL ANIMALS - SNIPTEMBER
GRANT AGREEMENT, UCD #A67065,
FOR $90,000.
RESOLUTION 2022-_64__
WHEREAS, in 2022, the City applied for funding through the California For All Animals Grant Program; and
WHEREAS, the City received an award letter in the amount of $90,000 to support local animal control efforts through a spay and neuter program; and WHEREAS, UC Davis who administers the grant, requires acceptance of the California For All Animals - Sniptember Grant Agreement by entering into a services agreement with UC Davis.
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 DECEMBER 8, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the foregoing recitals to be true, correct and incorporated herein;
2. The City Council of the City of Avenal hereby Ratifies the City Manager Accepting UC Davis, California For All Animals - Sniptember Grant Agreement, UCD #A67065, for $90,000.
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.
* * * * * * * * * * * * * * * * * *
December 8, 2022 Pg. 56
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. G
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 8, 2022
RE: Consider Budget Adjustment to Hire Part-time Kennel Technician, Animal Control Department
INFORMATION:
As the Animal Control Department continues expanding services to better meet the needs of the community by bringing low-cost animal resources like spay and neuter programs, the staff has seen an uptick in loose animals and other calls that take up a majority of the two-person crew that manages the shelter.
Currently, the PW Director and the City Manager are renegotiating the contract with the City of Corcoran, to include paying the cost for a permanent part-time Kennel Technician who would be stationed at the Shelter and assist in keeping regular open hours to the public and day-to-day maintenance of the kennels so that the animal control officers may perform their duties and spend more time catching loose animals. Staff anticipates finalizing that agreement and presenting it to Council’s consideration by late January or early February.
In anticipation of that action, Staff is requesting that Council consider reallocating a small portion of the full-time personnel budget for Animal Control, and allocating it towards creating a temporary/part-time personnel line item and budget. This is not adding or removing and funds to the department, only reallocating to allow Staff to recruit for the position. The full-time personnel budget is anticipated to have some savings due to temporary staff vacancy in the department, further demonstrating the need for additional staff at the Animal Shelter at this time.
Once the position is hired, it is very likely that the agreement with Corcoran will be finalized and ultimately pay for this line item.
RECOMMENDATION:
By motion, authorize Staff to reallocate $5,000 from the Animal Control Department, Budget 100-190-50100, and create line item 100-190-50400 for temporary employees and allocate $5,000 towards that budget. Furthermore, authorize Staff to open recruitment for the Part-Time Kennel Technician position, funded by this budget adjustment.
December 8, 2022 Pg. 57
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO.5. G
December 8, 2022 Pg. 58
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
KENNEL TECHNICIAN POSITION OPEN
The specification of exact duties are outlined on shift check-lists, but it is also very important to ask questions as they arise and to absorb all additional information so that you can better serve our clients and make our care for their pets the very best that it can be.
Kennel Technician
Major Duties and Responsibilities
- Feed, walk, exercise, and bathe animals as needed in our care. - Administer medications as indicated by owners and veterinarian. - Bring animals to and from the kennel during check-in and check-out times. - Clean up after animals both inside the facility and outside, and clean animal runs and cages as needed.
- Maintain the clinic as a whole by performing tasks including, but not limited to, sweeping/mopping floors, wiping counters, taking out trash, cleaning bathrooms, and checking equipment and supplies.
- Assist other staff members on occasion with such tasks as helping restrain an animal, helping clients with their pets, etc.
- Be available on weekends and holidays to tend to boarding animals.
Skills and Abilities
- Effectively communicate in the English language both in writing and orally. - Accurately add, subtract, multiply, and divide.
- Carry out instructions furnished in written, oral, or diagram form. - Regularly stand for extended periods.
- Frequently walk, stoop, kneel, or crouch, and lift or move up to 50 pounds. - Maintain confidence around pets.
Experience, Education, and/or Training
- Some high school education
Part-time. Salary range $16,194-$17,682
December 8, 2022 Pg. 59
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. H
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 8, 2022
RE: Consider Amending Definition of “Permanent Part-Time Employee” of the Personnel System Rules
INFORMATION:
As the City continues to grow and work diligently to meet the needs of the community, additional help is often needed to fully staff departments and cover additional work. Although the City does not have many part-time positions, per the City’s own personnel rules, most hires have been on a temporary part-time basis, precluding hires to only work a maximum of 1,000 hours in a fiscal year or no more than six months at a time. More often than not, hires are let go after six months despite there still being help needed.
In 1991, the Council amended the City’s Personnel System Rules to adhere to new laws regarding temporary employees and limits such as no more than 1,000 hours of work within a fiscal year or six months of continuous employment (See Resolution No. 91-10).
The definition for permanent part-time employee is as follows:
Sec. 14. "Permanent Part-Time Employee": An-employee who is regularly scheduled to work 1,040 regular hours per year. The calculation of hours includes only regular hours as distinguished from overtime hours.
Staff feels this definition is outdated and does not follow current labor laws which limit work hours to 1,000 hours per fiscal year. In order to meet future hiring needs, Staff recommends amending the language in the following way:
Sec. 14 "Permanent Part-Time Employee": An-employee who is regularly scheduled to work less than 30 hours per week, or no more than 1000 hours within the fiscal year. Permanent Part-time employees may be assigned a work schedule in advance or may work on an as-needed basis. While they do receive all legally mandated benefits they are ineligible for all of the City's other benefit programs.
RECOMMENDATION:
By Resolution, Amending Definition of “Permanent Part-Time Employee” of the Personnel System Rules. Staff further requests authority to reclassify Temporary Employees to Permanent Part-Time if they exceed the limits set forth in the description of Temporary Employee, in order to continue employment with the City if their continued services are deemed necessary.
In the future, Staff will work to update all active job descriptions so they are accurate between being temporary or permanent part-time employment.
December 8, 2022 Pg. 60
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
AMENDING DEFINITION OF
“PERMANENT PART-TIME
EMPLOYEE” OF THE PERSONNEL
SYSTEM RULES
RESOLUTION 2022-_65__
WHEREAS, the City Council is authorized and directed under the provisions of Ordinance No. 89-02 to adopt and amend rules for the administration of the personnel system created in said ordinance; and
WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for and equitable system of personnel management in the municipal government; and
WHEREAS, these rules set forth in detail those procedures which ensure similar treatment for those who compete for original employment and promotion, and define many of the obligations, rights, privileges and prohibitions which are placed upon all employees in the competitive services of the City; and.
WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given to the City Manager and the Director of Administrative Services in the interpretation of these rules to adhere to all required labor laws and rules.
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 DECEMBER 8, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
December 8, 2022 Pg. 61
2 of 2
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the foregoing recitals to be true, correct and incorporated herein;
2. That the City Council of the City of Avenal does hereby adopt and amend the following rule:
RULE I. DEFINITION OF TERMS
Sec. 14 "Permanent Part-Time Employee": An-employee who is regularly scheduled to work less than 30 hours per week, or no more than 1000 hours within the fiscal year. Permanent Part-time employees may be assigned a work schedule in advance or may work on an as-needed basis. While they do receive all legally mandated benefits they are ineligible for all of the City's other benefit programs.
3. That current and future Temporary Employees be eligible for re-classification to Permanent Part-Time if they exceed the limits set forth in the description of Temporary Employee, in order to continue employment with the City if their continued services are deemed necessary.
4. Ordered relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
December 8, 2022 Pg. 62
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. I
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 8, 2022
RE: Consider Ratifying Consent to Record an Agreement and its Attachments executed on October 3, 2007
INFORMATION:
While reviewing and archiving documents, Staff is filtering active and inactive agreements that are still in effect for the City. Staff has identified one agreement executed on October 3, 2007, which did not appear to be recorded at the County. It is advised in the City’s best interest, as the agreement is still in effect, that the City have the agreement recorded.
Staff worked to have the agreement recorded before the December 8, 2022 Council meeting thus is seeking consent to have the action ratified.
RECOMMENDATION:
By motion, ratify Staff’s recordation of the City’s agreement that was executed on October 3, 2007.
December 8, 2022 Pg. 63
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. A.
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 8, 2022
RE: Consider Resolution Accepting November 8, 2022, Election Results REQUEST(S):
That the City Council:
1. Adopt a resolution certifying the official canvass of election results for the general municipal election held November 8, 2022.
2. Swear-in newly elected councilmembers.
3. Authorize an update to the California Roster
4. Authorize implementation of tax ordinances approved by voters.
INFORMATION:
At the June 23, 2022 meeting, the City Council adopted Resolution No. 2022-37 giving notice of a general municipal election to be held on Tuesday, November 8, 2022 for the election of two city councilmembers. The at-large election was held on November 8, 2022 and the voters elected the two candidates with highest number of votes as Councilmembers for a term of four (4) years each.
Two local ballot measures were also submitted to Avenal voters, Measure A (local sales tax, Resolution 2022-40) and Measure C (cannabis business tax, Resolution 2022-41).
Under Elections Code § 10262(b), for a consolidated election, the City Clerk or designated city elections official, upon receipt of the results of the election from the County elections official who conducted the election, must certify the results to the City Council who in turn must comply with Elections Code § 10263 (discussed below), not later than the next regularly scheduled city council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose.
Elections Code § 10263 requires that, upon the completion of the canvass and before installing the newly elected officers, the City Council must adopt a resolution reciting certain details about the election, and its results, and must also declare elected the persons for whom the highest number of votes were cast for each office up for election. The accompanying draft resolution is designed to comply with the Elections Code requirements.
December 8, 2022 Pg. 64
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. A.
The Kings County Registrar of Voters provided the certified Statement of Votes Cast to the City Clerk. The certified results (or relevant excerpt) are attached to and made a part of the draft resolution, as EXHIBIT A.
FISCAL IMPACT:
None.
ALTERNATIVES:
There are no alternatives which would result in compliance with the applicable statutes.
Adoption of a resolution is required prior to installing each newly elected officer.
INVOLVEMENT OF OTHER DEPARTMENTS OR AGENCIES:
The Kings County Registrar of Voters provided the certified Statement of Votes Cast to the City Clerk. The City Attorney’s office assisted in preparation of the draft resolution.
RECOMMENDATION:
By Resolution, declare the results of recent municipal election held on November 8, 2022 and certified by the Kings County Elections Office on November 29, 2022.
December 8, 2022 Pg. 65
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
ADOPTION OF RESOLUTION
DECLARING THE RESULTS OF
RECENT MUNICIPAL ELECTION,
INCLUDING MEMBERS OF THE CITY
COUNCIL AND ON RETAIL
TRANSACTIONS AND USE TAX
ORDINANCE AND CANNABIS TAX
ORDINANCE.
RESOLUTION 2022-_67_
WHEREAS, the City of Avenal (“City”) held a municipal election on Tuesday, November 8, 2022, in the manner prescribed by law, to allow the residents of the City to fill upcoming vacancies on the City Council, and to determine whether or not to approve Ordinance No. 2022-04, imposing a one-percent general sales tax and Ordinance No. 2022-05, imposing a general tax on cannabis businesses; WHEREAS, the qualified electors, including vote by mail voters, cast ballots at said election upon the following proposed measure:
Measure A – Avenal Essential City Services Funding
To preserve the safety and character of Avenal, and preserve the safety and character of Avenal, and maintain essential general City services for maintain essential general City services for Avenal residents including police, 911 Avenal residents including police, 911 emergency response, fire protection, disaster emergency response, fire protection, disaster preparedness, recreational programs and preparedness, recreational programs and facilities, park maintenance and improvements, facilities, park maintenance and improvements, street maintenance and repairs and other street maintenance and repairs and other essential services, shall Ordinance No. 2022-04, imposing a 1-cent general sales and use tax, be adopted? Estimated revenues between $400,000 and $500,000 annually, indefinitely.
WHEREAS, the qualified electors, including vote by mail voters, cast ballots at said election upon the following proposed measure:
December 8, 2022 Pg. 66
Measure C
Shall Ordinance 2022-05 be adopted authorizing a commercial cannabis business tax in the City of Avenal on commercial cannabis businesses up to $25 per square foot (annually adjusted by CPI) or at 15% of gross receipts, to maintain essential public safety and general City services including, but not limited to, police, drug addiction and gang prevention, park maintenance, street maintenance for Avenal residents, generating undetermined revenue, potentially up to $400,000 to $600,000 annually until repealed?
WHEREAS, notice of election was duly provided as prescribed by law, candidates were nominated to fill the vacancy(ies) as provided by law, the election was held and conducted, votes were cast, received and canvassed, and the returns were made and declared in the time, form and manner as required by the provisions of the applicable laws;
WHEREAS, the City’s elections official has certified to the City Council that the County Registrar of Voters canvassed the returns of said election and certified the results to the City, and that said results were received and excerpted copies are attached hereto as EXHIBIT A, which is incorporated herein; and
WHEREAS, in accordance with Elections Code § 10262, the City Council now desires to declare the election results, declare that Ordinance Nos. 2022-04 and 2022-05 were approved by the voters of the City and allow for implementation of said ordinances and other election results.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON December _8_ 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
December 8, 2022 Pg. 67
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true;
2. Declared the results of the election as specified in EXHIBIT A, attached hereto and made a part hereof
City of Avenal Member of the City Council (Vote for Two) Alvaro M. Preciado 365
Pablo Hernandez 356
Raymond Knight 244;
3. Declared the following persons to be newly elected and installed onto this governing body upon taking and signing the oath of public office required by law:
→ Alvaro M. Preciado, elected to City Council for term of four years; and → Pablo Hernandez, elected to City Council for term of four years;
4. Authorized and directed the City Clerk to transmit to the California Secretary of State ([email protected]), all necessary and up-to-date information for inclusion in the California Roster, including but not limited to the names of those newly elected members of the City Council, and other duly appointed City Officers;
5. Found and declared that the total number of votes, including vote by mail votes, cast on ballot Measure A was as follows:
Measure A – Avenal Essential City Services Funding
(Majority Vote Required)
YES 482 (72.59%)
NO 182 (27.41%)
6. Declared Ordinance No. 2022-04 was approved and passed by a majority of the voters of the City of Avenal who voted on Measure A;
7. Authorized and directed that the City Manager and/or his designee(s) take all necessary, proper and convenient steps to properly and fully implement Ordinance No. 2022-04, including the signing of all required forms, certifications and any contract(s) between the City and the California Department of Tax and Fee Administration (CDTFA);
December 8, 2022 Pg. 68
8. Found and declared that the total number of votes, including vote by mail votes, cast on ballot Measure C was as follows:
Measure C
(Majority Vote Required)
YES 408 (61.63%)
NO 254 (38.37%)
9. Declared Ordinance No. 2022-05 was approved and passed by a majority of the voters of the City of Avenal who voted on Measure C; and
10.Authorized and directed that the City Manager and/or his designee(s) take all necessary, proper and convenient steps to properly implement Ordinance No. 2022-05, when appropriate under the City’s land-use ordinances. * * * * * * * * * * * * * * * * * *
December 8, 2022 Pg. 69
EXHIBIT A
CITY CLERK’S CERTIFICATION OF ELECTION RESULTS
Pursuant to Elections Code § 10264, the undersigned City Clerk of the City of Avenal hereby certify the results of the municipal election, held on November 8, 2022, are as set forth in the Statement of Votes Cast for said election, excerpt of which is attached hereto as ATTACHMENT 1 and made a part hereof, which was prepared and certified by the Kings County Registrar of Voters on November 29, 2022.
ATTEST:
Date Maria A. Ortiz, City Clerk
December 8, 2022 Pg. 70
ATTACHMENT 1
(Excerpted Copy of Statement of Votes Cast
certified by Kings County Registrar of Voters)
December 8, 2022 Pg. 71
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1 AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of ______________________________, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:
1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.
2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.
These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance.
City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received. 2 6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
7. Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
________________________________________________
________________________________________________
________________________________________________
8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.
CITY OF CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
(Typed Name)
(Title)
(Rev. 11/17)
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of has adopted, and the voters of the City of (hereafter called “City” or “District”) have approved by the required majority vote, the City of Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section , and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. , as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance. (Rev. 10/17) 2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. (Rev. 10/17) 3
F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.
G. Records of the Department.
When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:
1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion (Rev. 10/17) 4
of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate. A notification is complete when deposited in the mail. (Rev. 10/17) 5
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
______________________________________________________
______________________________________________________
______________________________________________________
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on ______________. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. (Rev. 10/17) 6
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.
2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.
4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing (Rev. 10/17) 7
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.
CITY OF ____________________________ CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
(Typed Name)
(Title)
1 of 2
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF AVENAL
AUTHORIZING THE CITY MANAGER
TO EXECUTE AGREEMENTS WITH
THE CALIFORNIA DEPARTMENT OF
TAX AND FEE ADMINISTRATION
FOR IMPLEMENTATION OF A LOCAL
TRANSACTIONS AND USE TAX.
RESOLUTION 2022-_67__
WHEREAS, on June 23, 2022, the City Council approved Ordinance No. 2022-04 amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and WHEREAS, the Department requires that the City Council authorize the agreements;
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 DECEMBER 8, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
2 of 2
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the foregoing recitals to be true, correct and incorporated herein;
2. By the City Council of the City of Avenal that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute each agreement.
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.
* * * * * * * * * * * * * * * * * *
Please check one: Local Tax Transactions and Use Tax Mobile Telephony Surcharge LOCAL REVENUE BRANCH – CONTACT FORM
Please complete and return this form to our office any time there is a change of information to ensure our records are always up to date. Thank you!
City/County: _________________________________________________ All legal correspondence should be mailed to the following address:
Jurisdiction:
Name: Position Title:
Address:
Phone: Email:
Financial correspondence should be mailed to the following address:
Note: Confidential information may be sent only to positions authorized by resolution Jurisdiction:
Name: Position Title:
Address:
Phone: Email:
Paper warrants (if issued) and monthly/quarterly statements should be mailed to the following address:
Jurisdiction:
Name: Position Title:
Address:
Phone: Email:
General Office Contact—for general information and reminders:
Jurisdiction:
Address:
Phone: Email:
Completed by:
Print Name:
Signature:
Position Title: Date:
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY OF
AVENAL AUTHORIZING
EXAMINATION OF
SALES OR TRANSACTIONS AND USE
TAXES RECORDS
RESOLUTION 2022-_68__
WHEREAS, pursuant to Ordinance Number 2022-04 of the City of Avenal (District), and Revenue and Taxation Code section 7270, the District entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and
WHEREAS, the Board of the District deems it desirable and necessary for authorized officers, employees and representatives of the District to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the District pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;
NOW, THEREFORE, THE BOARD OF THE DISTRICT OF CITY OF AVENAL HEREBY RESOLVES AS FOLLOWS:
Section 1. That the City Manager and Director of Administrative Services, or other officer or employee of the District designated in writing by the City Manager or the Director of Administrative Services, to the California Department of Tax and Fee Administration is hereby appointed to represent the District with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the Department pursuant to the contract between the District and the Department.
Section 2.
The information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to that contract.
BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to the contract between the District and the Department.
Section 4.
That this resolution supercedes all prior resolutions of the Board of the District adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.
Introduced, approved and adopted this___eigth_____day of_______December,___ 2022.
ATTEST: (s) ___________________________
Maria A. Ortiz, City Clerk
City of Avenal
I, _________________________, City Clerk of the City of Avenal of ______Avenal____, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the Board of the District City of Avenak, at a regular meeting of said Board held on the ___eigth_____day of_______December,___ 2022, by the following roll-call vote:
Ayes:
Noes:
Absent:
(s)________________________________
Maria. A. Ortiz, City Clerk
City of Avenal
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 December 8, 2022
CA Department of Tax and Fee Administration
Local Revenue Branch
Attn: Warrant Desk
450 N Street, MIC: 27
Sacramento, CA 95814
Subject: City of Avenal, Jurisdiction # ________:
Authorization to Review Confidential Sales and Use Tax and Transactions and Use Tax Information per Section 7056 of the Revenue and Taxation Code.
Dear Ms. Anh Huang:
Resolution No. 2022-68, Section 1, authorizes the City Manager or the Director of Administrative Services, to designate in writing to the CA Department of Tax and Fee Administration other officers and/or employees of the jurisdiction with authority to receive and examine sales and use tax records for the jurisdiction.
Accordingly, City Manager and the Director of Administrative Services for the City of Avenal is hereby authorized to receive and review sales or transactions and use tax records for the City of Avenal from the CA Department of Tax and Fee Administration.
Sincerely,
Antony V. López, MPA
City Manager
(559) 386-5766
Email: [email protected]
JURISDICTION CONTACT FORM
NOTIFICATIONS & APPEALS
City/County: _____________Tax Area Code: _________ Sales and Use Tax / Transactions & Use Tax Pursuant to Revenue and Taxation Code § 7056, you may select only officers and employees authorized by Resolution or letter of designation to examine the Department’s tax records for your Jurisdiction. If the officer or employee’s title has not yet been formally authorized, please include a designation letter. See attached sample designation letter.
Primary Contact
Title of Authorized Officer/Employee
Name of Authorized Officer/Employee
Mailing Address
City, State, Zip
___________________________________________________
Phone
Fax
Email
It is recommended, if possible, that you use an Email address that coincides with the authorized position title. For example:
citymanager@cityof___.gov.
Secondary Contact
Title of Authorized Officer/Employee
Name of Authorized Officer/Employee
Mailing Address
City, State, Zip
____________________________________________________
Phone
Fax
Email
It is recommended, if possible, that you use an Email address that coincides with the authorized position title. For example:
citymanager@cityof___.gov.
DEPARTMENT USE ONLY
Pursuant to Section 7056(b), this form is ineffective unless signed by one of the following (boxes checked):
City/County Administrator Administrative Officer City/County Controller _________________(Specify)
Print Name: ___________________________________________ Title: _________________________________________________ Signature: ____________________________________________ Date:________________ Return this form by e-mail to: [email protected]
QUESTIONS: CALL THE WARRANT DESK AT (916) 309-5802
Note: Titles held by more than one employee need to be made a unique identifier for function. For example: Accountant II (Revenue Desk) CDTFA-555-LJ (FRONT) REV. 6 (5-22) STATE OF CALIFORNIA
EFT AUTHORIZATION AGREEMENT FOR LOCAL JURISDICTIONS CALIFORNIA DEPARTMENT OF
TAX AND FEE ADMINISTRATION
➢ Please type or print clearly in ink.
➢ See reverse for complete instructions.
SELECT ACTION REQUESTED
New EFT Account
Change EFT Bank Account – (see instructions)
Cancel EFT
SELECT TAX PROGRAM
1 percent Local Tax
¼ percent (County) Transportation Fund
Add-on (Special District) Tax
Local Utility User Tax/Local 911 Charges
SECTION I
NAME OF LOCAL JURISDICTION OR SPECIAL DISTRICT (payee) JURISDICTION CODE CONTACT PERSON (name and title) EMAIL ADDRESS
MAILING ADDRESS CITY, STATE, ZIP CODE
CONTACT TELEPHONE NUMBER CONTACT FAX NUMBER
SECTION II
The State Controller’s Office, on behalf of the California Department of Tax and Fee Administration (CDTFA), is hereby authorized to make direct deposit (EFT) of any amounts distributed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law, the Transactions and Use Tax Law, or the Local Prepaid Mobile Telephony Services Collection Act less any mandatory withholding or deductions therefrom to the designated bank account identified below. If the designated EFT account is a checking account, a voided check or copy must be attached to the completed authorization agreement.
If the account is a savings or other deposit-only account, an account confirmation from the bank must be attached.
The voided check or confirmation will be used to verify the bank account and transit routing numbers.
BANK NAME
BANK ACCOUNT NUMBER (not to exceed 17 digits)
TRANSIT ROUTING NUMBER
TYPE OF ACCOUNT
CHECKING SAVINGS
IMPORTANT
Payee agrees that in the event that the payee owes a debt determined either by court order, or otherwise by operation of law, and for which CDTFA has been notified according to law, to make repayments by deductions from Local Sales and Use Tax transmittals, the payee will be removed from the EFT program until the debt is extinguished.
I affirm that deposits received from CDTFA will not be forwarded in their entirety to a foreign financial institution.
SIGNATURE TITLE DATE
Return this form to:
California Department of Tax and Fee Administration
Local Revenue Branch
Warrant Desk
PO Box 942879, MIC:27
Sacramento, CA 94279-0027
Fax Number: 1-916-324-8117
Email to: [email protected]
For EFT assistance call 1-916-309-5800
This information is confidential and not for public release.
INSTRUCTIONS FOR LOCAL JURISDICTIONS FOR
COMPLETING THE EFT AUTHORIZATION AGREEMENT FORM
GENERAL
➢ Read this agreement carefully, and if you have questions call 1-916-309-5800. ➢ Please type or print clearly.
➢ Check one action box and one tax program box. Your jurisdiction’s tax program can be found on the title line of the remittance advice received from the State Controller’s Office. ➢ Complete all information blocks.
SECTION I
➢ Your jurisdiction code can be found on the remittance advice immediately above the word “Payee.” ➢ Please enter the jurisdiction code for the corresponding jurisdiction type:
City or County (1 percent Local Tax) Code (five digits) County (1/4 percent Tax) Code (two digits)
Redevelopment Agency Code (four digits)
District Add-on Code (three digits)
Local Utility User Tax/Local 911 (Prepaid Mobile Telephony Services) Code (four digits) ➢ A contact person and telephone number are required to process your authorization agreement.
SECTION II
➢ The Transit Routing Number (nine digits) typically can be found in the bottom left-hand corner of your check. ➢ Please indicate the type of account (checking or savings). ➢ Be sure to include a voided check or bank confirmation with your authorization agreement.
ADDITIONAL INFORMATION
➢ Changing EFT Bank Account
• IMPORTANT: DO NOT CLOSE YOUR OLD ACCOUNT UNTIL THE FIRST EFT PAYMENT IS DEPOSITED INTO THE NEWLY DESIGNATED ACCOUNT.
• This agreement will remain in effect until CDTFA is notified in writing that you wish to redesignate your account and/or your financial institution or that you wish to cancel EFT service. • To redesignate, please submit a new CDTFA-555-LJ, EFT Authorization Agreement for Local Jurisdictions. Be sure to check the correct action box on the front of the form and provide the correct new information. • The first deposit into a new account should be made within 60 days from CDTFA’s receipt of the completed EFT Authorization Agreement.
• In the interim between the closing of the old account and opening of the new account, you may receive a warrant via U.S. Mail.
➢ Canceling EFT Service
• To cancel EFT service, submit a new CDTFA-555-LJ, EFT Authorization Agreement for Local Jurisdictions, and check the Cancel EFT box. Be sure to complete all information blocks. ➢ EFT Direct Deposit Posting Dates
• Funds will be deposited on the Warrant Issue Date as shown on CDTFA’s Disbursement Calendar. The current calendar can be found on CDTFA’s website at www.cdtfa.ca.gov/taxes-and-fees/local-and-district-taxes. htm#calendar.
• Most financial institutions post funds to accounts at the beginning of the bank business day; however, you should confirm your particular bank’s practice to determine when funds will be available.
CDTFA-555-LJ (BACK) REV. 6 (5-22)
RegForm.doc (CDTFA/LRB)
REV: 03/2020
REGISTRATION/ALLOCATION MEDIA REQUEST
Please complete Sections I, II, & III, and forward this form to the address at the bottom of this page.
IMPORTANT: Each jurisdiction must have a resolution on file with the California Department of Tax and Fee Administration (CDTFA) to examine allocation and/or registration data. A sample resolution is included in Publication 28 which is available on our Website www.boe.ca.gov/pdf/pub28.pdf or by calling the Department's Local Revenue Branch at (916) 309-5800.
SECTION I: MEDIA RECIPIENT CONTACT INFORMATION
(If the name/position below is not authorized by resolution or letter of designation, this form Must be signed by a position authorized by resolution to designate other officials or employees) County City District (add-on) Your name: Jurisdiction:
Title: Tax Area Code:
Address: Telephone:
City, State, Zip: FAX:
E-Mail Address ______________________________________________ SECTION II: REGISTRATION DATA REQUEST (List of name, address and CDTFA account number for each business) A. Do you require a one-time registration listing (Start-up) showing all sales and use tax accounts in your jurisdiction, Indicate yes or no: Yes No
SECTION III: ALLOCATION DATA REQUEST (List of local tax dollars distributed to your jurisdiction by CDTFA account number) A. Do you wish to receive monthly allocation and registration media Indicate yes or no: Yes No
B. If you require prior period local tax data*, indicate the periods below:
(MMYY) From: _______________ To: _______________
*AVAILABLE HISTORY IS LIMITED TO PREVIOUS 36 MONTHS.
Signed by individual (or designee) authorized by resolution to receive confidential CDTFA information:
(Print Name) (Signature) (Title) (Date)
RETURN THIS FORM TO:
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION LOCAL
REVENUE BRANCH
450 N STREET MIC 27
PO BOX 942879
SACRAMENTO CA 94279-0027
FAX to (916) 324-3001
For assistance in completing this form, contact Harmeen Grewal at (916) 309-5883.
Department Use Only
Juris. I.D. # .
Resolution verified: YES___ NO ___
Update
By
12/1/22, 10:00 AM Mail - Antony V. López - Outlook
https://outlook.office.com/mail/AAMkADg2Nzg1Y2MwLTg4MTktNDJjZC04ODgyLTUzYzBhZjgyN2U5NgAuAAAAAADDcMJvEvSbS6%2FY4Fr%2BJ33AAQ… 1/2 New District Agreement Package
Wong, Judy <[email protected]>
Thu 11/17/2022 1:28 PM
Congratulations on the passage of the transactions and use tax (TUT) measure from the November 8, 2022 election!
In order for CDTFA to implement the changes resulting from the recently approved measure, please complete and return the following items as soon as possible or no later than January 2, 2023:
Items Required
1. Five (5) original Preparatory Agreement—template attached
2. Five (5) original Administrative Agreement—template attached
3. Five (5) certified copies of Resolution Authorizing the Execution of Agreements—template attached
4. Five (5) certified copies of the Transactions and Use Tax Ordinance
5. One (1) certified copy of Certification of Final Election Results
6. One (1) Contact Form for Warrants—template attached
Please mark Transactions and Use Tax
7. One (1) Resolution for Examination of Confidential Records—template attached
8. One (1) copy of Consultant Agreement—if applicable
9. One (1) Designation Letter—template attached
Please leave Jurisdiction Number blank
10. One (1) Contact Form for Notifications & Appeals—template attached Please leave Tax Area Code blank
11. One (1) EFT Authorization Agreement plus copy of a voided check OR an account confirmation letter from the bank—template attached
Please select New EFT Account and Add-on (Special District) Tax and leave the Jurisdiction Code section blank
12. One (1) Media and Registration Request Form—template attached Please select District (add-on) and leave Tax Area Code blank **Please note that no changes should be made to the language of original California Department of Tax and Fee Administration documents without prior approval.**
Submission Instructions
Step 1 - Scan one copy of Items #1-12 into individual files and email to:
[email protected]
[email protected]
Step 2 - Mail the required documents to:
CA Department of Tax and Fee Administration
Local Revenue Branch
Attn: Judy Wong
450 N Street, MIC: 27
Sacramento, CA 95814
Important Note
December 8, 2022 Pg. 83
12/1/22, 10:00 AM Mail - Antony V. López - Outlook
https://outlook.office.com/mail/AAMkADg2Nzg1Y2MwLTg4MTktNDJjZC04ODgyLTUzYzBhZjgyN2U5NgAuAAAAAADDcMJvEvSbS6%2FY4Fr%2BJ33AAQ… 2/2 Submitting the required documentations does not automatically guarantee CDFTA will implement the new transactions and use tax. Once received, we will review the documents to ensure that all statutory requirements have been met prior to implementation. Also, a new Jurisdiction Code will be assigned to the new transactions and use tax.
Pursuant to Revenue and Taxation Code section 7265, new tax or changes approved by voters in November 2022 is scheduled to become operative on April 1, 2023 (unless specified otherwise in the ordinance).
If you have any questions regarding the preparation and execution of these documents, feel free to contact:
Judy Wong
(916) 309-5868
[email protected]
Olivia Siu
(916) 309-5946
[email protected]
Please confirm upon receipt. Thank you
Sincerely,
Judy Wong
Local Revenue Branch
450 N Street, MIC:27, Sacramento, CA 95814
Phone: 916-309-5868 | Fax: 916-324-3001
E: [email protected] | www.cdtfa.ca.gov
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December 8, 2022 Pg. 84
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. ___–
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: December 8, 2022
SUBJECT: November & December 2022 MONTHLY REPORT
Planning Division:
- Processing Zoning Land Use Applications, Land Division Applications and Current Planning Site Plan Reviews Zoning Permits – Site Plan Review No. 21-07 The city received an application for an energy battery storage facility located at 1009 South Fifth Avenue. Currently the application is being reviewed and will be sent out for consultation for regulatory comments.
Long Range Planning:
Zoning, Subdivision and Building Ordinance – On December 5, 2022, the Planning Commission held its regularly schedule meeting to discuss the comprehensive zoning Ordinance update.
Commissioners were given chapter and drafts of the updated to review and discuss. Flyers were posted and shared on the city website and Facebook page in regard to the December Zoning workshop. We encouraged all City residents and business owners to attend so we can get an idea of the 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. This was our last Zoning workshop to discuss any additional public initial input to the preliminary drafting of the Comprehensive zoning ordinance.
City staff and Consultant will work together on the preliminary drafting and documents.
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 or resident has any questions, we are happy to help answer and show you how to submit online. From January 2022 to present, we had over 340 electronic submissions of Building permits.
Economic Development (CrissComm):
Monthly Report and Update from Economic Development Team CrissComm Grants:
Avenal Safe Route to School ATP Cycle 4 – QK is working with the Public Works Department in regard to this project now, any details about implementation should be coming from the Public works Director and or City Engineer..
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 December 8, 2022 Pg. 85
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. ___–
acceptable Public works will also be working on taking the project out for bid approximately the same time as the ATP project.
Programs:
Utilities Mortgage and Rental Assistance is still available to the community and its residents –
PLEASE COME TO CITY HALL FOR THE APPLICATION AND BRING ALL NECESSARY PAPERWORK.
First Time Home Buyer Program – Flyer is available at City Hall. On going program that is implemented by Self help Enterprise on behalf of the City for any information please contact Self Help Enterprises.
Home Rehabilitation Program- Flyer are available at City Hall. On going program that is implemented by Self help Enterprise on behalf of the City for any information please contact Self Help Enterprises.
Accessory Dwelling Unit (ADU) Program - Flyer are available at City Hall. Brand New Program that is implemented by Self help Enterprise on behalf of the City. Prior to Speaking to Self help if you are interested in building or rehabbing an existing ADU please contact Community & economic development to see if your property is eligible for an ADU and of a Zoning land use permit is required prior to implementation.
Kings County ARPA Small Business Assistance Program – This program is a COUNTY program, and it is available to Avenal Business owners. Please Contact the Kings County Economic Development Corporation if you are interested and for more information. Flyers are available at city hall and https://www.countyofkings.com/departments/general-services/jto-edc December 8, 2022 Pg. 86
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. __7. A. 1-2
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: December 8, 2022
SUBJECT: CrisCom Update December 2022
Legislative Update
Leadership Update
December 5, 2022 marks the start of the 2023/2024 Legislative Session. We've continued to provide the City Manager with updates on what this new session will look like. For example, we will be seeing a leadership change in the Assembly on June 30, 2023.
Assembly Speaker Anthony Rendon will be stepping down and Assembly Member Robert Rivas will be assuming the speakership. Assembly Member Rivas represents the newly drawn 30th Assembly District, which includes part of the Central Valley and the Central Coast of California.
Due to redistricting, Avenal is now represented by:
State Assembly District 33 - Assemblymember Devon Mathis (CrisCom is setting up meetings with Asm. Mathis' office)
State Senator District 16 - To Be Determined
The latest election results for the 16th Senate District have Senator Hurtado leading by 45 votes over Mr. Shepard (some news outlets had been reporting a 12 vote margin, but these numbers have been updated). The race is still too close to call at this point and the next Senator for the 16th district will not be sworn in today. Counties have until the 8th to certify their results and the state will certify these results on the 16th. We will keep you posted on what transpires over the next few days.
United States Congress District 22 - Congressman David Valadao State Budget
On November 17, 2022 the Legislative Analyst Office released their 2023-2024 fiscal outlook. In our memo to the City Manager we highlighted some of the more daunting parts of the outlook, including:
• State Faces $25 Billion Budget Problem and Ongoing Deficits. Under our outlook, the Legislature would face a budget problem of $25 billion in 2023-24] • The budget problem is mainly attributable to lower revenue estimates, which are lower than budget act projections from 2021-22 through 2023-24 by $41 billion • Inflation-Related Adjustments Vary Across Budget. The General Fund budget can be thought of in two parts: (1) the Proposition 98 budget for schools and community colleges, representing about 40 percent of General Fund spending, and (2) everything else. Under our estimates, the state can afford to maintain its existing school and community college programs and provide a cost-of-living adjustment of up to 8.38 percent in 2023-24.
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. __7. A. 1-2
• Save Reserves for a Recession. The $25 billion budget problem in 2023-24 is roughly equivalent to the amount of general-purpose reserves that the Legislature could have available to allocate to General Fund programs ($23 billion). • Recommend Legislature Identify Recent Augmentations to Pause or Delay. Early in 2023, we suggest the Legislature question the administration about the implementation and distribution of recent augmentations. If augmentations have not yet been distributed, the Legislature has an opportunity to reevaluate those expenditures.
• The augmentation issue is one that we will especially be keeping track of during the budget process. This was experienced during the beginning of the pandemic where there was a threat from the Governor's office to "claw back" allocated spending from the previous year's budget. While this is just a LAO recommendation, we have to be aware of it and push back early if it gains any traction.
• We will continue to provide the City with any information needed and keep pushing back on this.
Our team is also working on the state budget requests and legislative platform for the upcoming season.
Economic Development Update:
CrisCom has continued to reach out to our list of stores, restaurants, etc. and has increased our outreach from 140 venues to over 160. Our team regularly monitors Google to make sure information, especially pictures, of Avenal continue to be positive and show Avenal for the beautiful city it is.
Our team is currently fielding opportunities for the sports park to potentially find a third-party to operate/manage. We are also continuing to reach out to various water parks to vet whether they are a fit for Avenal and what the parameters are.
Our team is also continuing to work with two very serious potential nationwide chains that are interested in opening a new location in Avenal. Further details and information is not yet ready to be made public.
Grant Writing Update:
CrisCom is looking in the following grant opportunities for Avenal's eligible projects as follows:
• Small Community Drought Relief Program - Deadline December 29, 2023 • 2022 Urban Community Drought Relief Funding - Deadline January 31, 2023 • Integrated Climate Adaptation and Resiliency Program's Climate Adaptation Planning Grant - Deadline March 1, 2023
• Clean California Local Grant Program - Deadline April 2023 Chief’s Monthly Report
December 8, 2022
Emphasizing Organizational Priorities
I. Leadership Stability
a. Captain David Tapia attended Executive Management School b. Captain Leonard Lujan scheduled for California Police Chief’s Conference in March II. Recruit and Retain the best
a. Participated in police officer interviews
b. Hosted three police birthday employee celebrations
c. Lobby project completed
III. International Model of Community Trust
a. Community Engagement CSO was approved- bringing them on Mid-January b. Attended Trunk or Treat with several officers
c. Met with concerned citizen regarding noise complaint d. Hosted first Avenal Block Party in front of HQ
e. Attended and spoke at two Use of Force/De-escalation classes f. Participaed in Administration of Justice Advisory Board Meeting g. Attended Lemoore NAS National Night Out
h. Attended Seniors Christmas Pozole event at Vets Hall i. Particpated in Operation Gobble at Vets Hall
j. Attended Rotary Club meeting
k. Trading Card program finalized- first 7 officers approved: arriving mid-January l. Citizens Police Academy scheduled – January 25, Feb 1, Feb 8 and Feb 15 m. Avenal PD Christmas Cards are going out next week
n. “Pan Dulce con la Placa”- Mid-January by Sr. Officer Roldan IV. Amongst the safest cities in Amercia
a. Met with US Security Lines to discuss adding three more camera locations b. Attended Kings County JAG Law Enforcement meeting to secure add’l funds c. CDCR presenting Gang Presentation Class to Avenal PD Officer d. Officers in process of completing Active Shooter training on Police Academy One platform e. Scheduling Active Shooter simunition training in December V. Embrace wellness amongst our employees
a. Hosted Avenal PD team meeting
b. Hosted Sergeants meeting and discussed the importance of wellness Significant Arrest of DUI subject with dangerous weapon On Thursday, December 1st, 2022, at approximately 1530 hours, Officer Au. Rodrigues observed a brown Nissan truck accelerating at a high rate of speed in the area of Kings and Skyline Boulevard. Officer Rodrigues pulled the truck over in the area of Kings Street and Skyline Fifth Avenue. There was one adult male subject in the Nissan who was sitting in the driver’s seat.
Officer Rodrigues smelled a strong odor of alcohol coming from the inside of the truck and noticed the driver was under the influence. Officer Rodrigues had the driver exit the Nissan to evaluate him for being under the influence. The driver admitted to having a firearm inside the Nissan behind the seat. With permission of the driver, Officer Rodrigues searched the Nissan and located an unloaded black ASTRA .45 caliber handgun. Officer Rodrigues conducted a records check on the handgun and it came back stolen out of the City of Riverside.
After the FST’s, the driver was arrested for both driving under the influence and for possessing a stolen firearm.
December 8, 2022 Pg. 87
SPONSORED BY
THE AVENAL POLICE DEPARTMENT
AVENAL POLICE DEPARTMENT
317 E. ALPINE STREET, AVENAL CA. 93204
559-386-4444
SPONSORED BY
THE AVENAL POLICE DEPARTMENT
The Avenal Police Department would like to invite our community members to come join the CITIZENS POLICE ACADEMY. This is a great opportunity for members of our community to learn about current laws, city ordinances, and police procedures. The Citizens Police Academy is a 4-week academy (2 hours, 1 day out of the week). Class subjects will include courses such as Police Culture, Gang Awareness, and Community Oriented Policing. Cadets who complete the 4-week course will receive a certifcate of completion and the opportunity to join the Avenal Police Department Critical Response Team (CRT).
If you are up for a little excitement, a chance to learn a little bit about the duties of a Peace Officer, and you want to play a role in making a difference in our community, fill out the attached application and sign up today. Applications should be submitted no later than Friday, Jan. 20, 2023, to the Avenal Police Department. We hope to see you Cadets in class soon! Be well and be safe!
For information contact: Sgt. Jesse Mendez / 559-356-4444 / [email protected] Avenal Police Department 317 E. Alpine Street, Avenal, CA 93204 COURSE
SCHEDULE
DATE AND TIME SUBJECT PRESENTER LOCATION
JAN.25, 2023
6PM-8PM
CHIEF'S MESSAGE &
POLICE CULTURE
CHIEF R. NEVAREZ
SGT. J. MENDEZ
317 E. ALPINE,
AVENAL CA. 93204
FEB. 1, 2023
6PM-8PM
GANG AWARENESS,
DRUG RECOGNITION, &
K9
CAPTAIN D. TAPIA
SGT. T. STRYD
317 E. ALPINE,
AVENAL CA. 93204
FEB. 8, 2023
6PM-8PM
SCHOOL RESOURCE
OFFICER &
INVESTIGATIONS
OFFICER A. RODRIGUEZ
DET. C. VOYLES
317 E. ALPINE,
AVENAL CA. 93204
FEB. 15, 2023
6PM-8PM
COMMUNITY ORIENTED
POLICING & GRADUATION
OFFICER R. DELEON
CHIEF R. NEVAREZ
317 E. ALPINE,
AVENAL CA. 93204
FOR INFORMATION PLEASE CONTACT: SGT. JESSE MENDEZ, 317 E. ALPINE, AVENAL CA. 93204 559-386-4444
AVENAL POL I CE DEP A R TME N T
CI T I Z ENS PO L ICE AC A D EMY
ENROL LMENT APPLICAT I ON
Full Name: Date:
Home Address:
Home Phone: Work Phone:
Cell Phone: Email:
Employer: Occupation:
Work Address:
Drivers License #: Date of Birth:
Brief explanation why you would like to participate in the Citizen’s Academy.
Have you ever been arrested or convicted of a crime? If yes, please explain.
ELIGIBILITY REQUIREMENTS
Applicants for the Citizens Academy must meet the following criteria:
Live or work within the City of Avenal
Be at least 18 years of age
Have no felony/misdemeanor convictions
Requirements may be waived or modified upon review and approval of the Chief of Police I understand that participation in the Avenal Police Department’s Citizens Academy may provide access to facilities, areas, and equipment not generally available to the public. The information provided above will be verified and a criminal record check will be completed. I authorize the Avenal Police Department to use the provided information to verify that I am not the subject of an on-going criminal investigation, I am not involved in civil litigation with the City of Avenal, and I do not have any felony convictions or misdemeanor convictions.
Signature: Date:
Mail, deliver, or email completed application to:
Avenal Police Department Citizens Academy
ATTN: Sergeant Jesse Mendez
317 E Alpine Street, Avenal, CA 93204
[email protected]
Clean California
Avenal Improvement Project
December 8th, 2022
Brad Cole, Landscape Architecture
Jennifer Nishikawa, Clean CA Coordinator
December 8, 2022 Pg. 88
Presentation
•Overview of Clean California initiative
•Clean California Project on State Routes 33
and 269
•Feedback
December 8, 2022 Pg. 89
$1.1 Billion Initiative – General Fund
3 • Litter Abatement over three years
• State Beautification projects over two years
• Local Beautification Local Grant Program over two years • Public Education over two years
December 8, 2022 Pg. 90
December 8, 2022 Pg. 91
4 December 8, 2022 Pg. 92
5 December 8, 2022 Pg. 93
6 December 8, 2022 Pg. 94
7 State Highway Beautification Enhancements
8 • District 6 received $26.6 million over two years
• Must be constructed by June 30, 2023
• Non-controversial, no right-of-way acquisition, needs community support
• $1,500,000 allocated to SR-33 and SR-269 in Avenal
December 8, 2022 Pg. 95
Proposed Art Enhancements
• (add visuals and plans for art components)
• Utility Box Wraps
• Benches
December 8, 2022 Pg. 96
Art
• Signal controller
cabinet wraps
December 8, 2022 Pg. 97
SR 33 Shoulder Improvements
December 8, 2022 Pg. 98
SR 269 Public Space Improvements
December 8, 2022 Pg. 99
Planting
• Replacement planting and
dry scaping along SR 269
Existing
December 8, 2022 Pg. 100
•Any additional comments or suggestions?
December 8, 2022 Pg. 101
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 7. B-2
7. B
Special
Presentations/Reports:
Avenal Landfill Quarterly
Report: George Anderson,
Site Manager
December 8, 2022 Pg. 102
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: December 8, 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.
On October 28, 2021, the Avenal City Council adopted Resolution No. 2021-48 to satisfy AB 361 in order to continue Teleconferenced Meetings. AB 361 provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules
• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
At this time, staff is recommending the City Council consider the following action by motion:
Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled.
Additionally, that the Council find that a state of emergency continues to directly impact the ability of members to meet safely in person, and that State and local officials continue to impose or recommend social distancing measures.
RECOMMENDATION:
Discussion/Action.
FISCAL IMPACT:
None.
December 8, 2022 Pg. 103
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: December 8 , 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:
Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled.
RECOMMENDATION:
Discussion/Action.
FISCAL IMPACT:
None.
December 8, 2022 Pg. 104
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 Erma Leal
Contracts Administration Branch Chief - SCCAO-440
Dept. of Interior / Bureau of Reclamation Interior Region 10 - California - Great Basin (CGB) South-Central California Area Office
1243 N Street, Fresno, CA 93721-1813
November 23, 2022
RE: City of Avenal PHS Additional Allocation Request
Dear Erma Leal:
In regard to the City’s Public Health & Safety water allocation for the 2022 water year, the City of Avenal appreciates the Bureau’s consideration of Avenal’s needs in allocating 2000 acre feet of water this year.
Looking at the City’s consumption numbers as of Nov 15, 2022, the City still forecast a shortfall in its allocation of about 130 ac. ft. (understanding that March 2022 usage is not being counted in the PHS amount). The recent rains, and strict conservation enforcement have help slow down consumption below our anticipated delivery, but still a little higher than historically, hence the deficit.
Three main factors to this are:
1. New housing developments, 70 new homes built so far this year;
2. Water leaks and new construction of 18" water distribution pipeline, which after 2023 we expect to be completed and help reduce water loss in our system, currently estimated at 28%;
3. The months of April and May were horrible months for Avenal State Prison (ASP) where their consumption spiked out of control, after the City caught it, ASP have brought it back down... but it did not help the City’s numbers this year.
I've attached a spreadsheet explaining more for what the City is projecting needing to complete the water year. If the Bureau is able to allocate any additional water, the City understands it will not be carried over into the next water year, which is already forecasted to be the worst in history.
Further conservation and innovation are needed to sustain our community, and we look forward to our continued partnership as we navigate these difficult drought years together.
Please reach out if you have any other questions or concerns, Sincerely,
Antony V. López, MPA
City Manager
Email: [email protected]
December 8, 2022 Pg. 105
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
EMERGENCY ITEM
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development & Rob Williams, Public Works Director
DATE: December 8, 2022
SUBJECT: CONSIDER ACCEPTING THE CONSTRUCTION BID AND AWARDING
FOR THE ACTIVE TRANSPORTATION PROJECT (ATP) AVENAL
SAFE ROUTES TO SCHOOL STATE ROUTE 269 IMPROVEMENT
PROJECT
BACKGROUND:
On December 8, 2016, The City Council approved Resolution 2016-56 adopting the Avenal Active Transportation and Safe Route to School Plan. This plan allowed for the City to start looking for funding to help with alternative and active transportation as well as creating safe routes for school children walking to and from school. On July 12, 2018, Resolution 2018-36 authorized the submittal of an application for the Active Transportation Project Cycle 4 to Caltrans for the Avenal Safe route to School State Route 269 Improvement Project “Project”.
On March 21, 2019, the City was awarded $537,000.00 for the construction of the proposed Project submitted and then in September of 2020 the city awarded the traffic engineering services to QK. Inc “Consultant” to help with the design and construction document as well as the bidding process and Construction management.
Through two revisions of scope of work with Caltrans the project was officially ready to go out for bidding.
On October 21, 2022, the bid notice was published and posted in the Hanford Sentinel and letters were sent out to potential contractors as well.
On December 1, 2022, Bids were opened at City hall for the Project. The Bid results were as follows:
Company Name Bid Amount
Harris Development Corp dba HBD Enterprises $336,050.00 Bush Engineering (withdrew)
After review of the Bids, The Consultant have reviewed the bid proposal package for Harris Development Corp dba HBC Enterprises and find it to be complete and responsive. The Contractor holds a valid and current license and is registered with the DIR. We recommend that the City Council award the project to the second lowest responsible bidder, Robert Harris, Harris Development Corp dba HBC Enterprises for the amount of $ 336,050.00. (Attachment A)
This item has been reviewed by the Community & Economic Development and Public Works Department.
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
EMERGENCY ITEM
RECOMMENDATION:
Adopt Resolution No. _________accepting the construction bids and awarding Harris Development Corp dba HBC Enterprises to construct the Avenal Safe Route to School State Route 269 Improvement project.
Authorize the City Manager or designee to sign an agreement and any other documents associated with said project for the construction and implementation of the Avenal Safe Route to School State Route 269 Improvement project.
FISCAL IMPACT:
The ATP project will be fully funded by the ATP Cycle 4 Grant – ATP-06-054R.
Avenal Safe Routes to School Project
Project Information:
• Funded by State ATP money - $379,000 for construction • Bid opening occurred on 12/1/2022
• Two contractors submitted bids:
➢ Bush Engineering - $234,290
➢ Harris Development - $336,050
• On Monday, 12/5/2022, Bush Engineering submitted a letter to withdraw their bid • Project must be awarded by 12/31/2022
• On Tuesday, 12/6/2022, received approval from Caltrans to award to Harris Development Request:
• Award project to Harris Development in the amount of $336,050 Next Steps After Award:
• Get Harris Development under contract
• Conduct a preconstruction meeting to determine schedule for project • Begin construction so materials can be ordered (flashing beacon is a long lead item)
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN
AGREEMENT WITH HARRIS
DEVELOPMENT CORP DBA HBC
ENTERPRISES TO COMPLETE
CONSTRUCTION OF THE AVENAL
SAFE ROUTE TO SCHOOL STATE
ROUTE 269 IMPROVEMENT
PROJECT
RESOLUTION 2022-_ __
WHEREAS The bids for the Avenal Safe Route to School State Route 269 Improvement project were opened on December 1, 2022, at 2:00 pm at City Hall; and WHEREAS City Staff and Consultant received two (2) bid proposals the project is for the construction and implementation of the Avenal Safe Route to School State Route 269 Improvement project; and
WHEREAS, the lowest and only bidder was Harris Development Corp dba HBC Enterprises in the amount of 336,050.00.
WHEREAS, the project is scheduled to commence at the beginning of the calendar year January 2023; and
WHEREAS, it is in the best interest of the public for the community’s health and safety to complete this project.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON December 8, 2022, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________ ATTEST: _______________________________ ALVARO PRECIADO, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true.
2. City of Avenal received a grant from Caltrans ATP Cycle 4 for funding said project.
3. The lowest and only bidder was Harris Development Corp dba HBC Enterprises.
4. City Council Authorize the City Manager or designee to sign an agreement and any other documents associated with said project for the construction and implementation of the Avenal Safe Route to School State Route 269 Improvement project does not exceed $379,555.00 with Harris Development Corp dba HBC Enterprises.
5. Authorized the City Manager, and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
CITY OF AVENAL
NOTICE IS HEREBY GIVEN, on March 24, 2020, the City Council of the City of Avenal adopted Emergency Ordinance No. 2020-02 which prohibits the excessive and unjustified increases in the prices of essential consumer goods and services (also known as “Price Gouging”) during a State of Emergency or Local Emergency. This Ordinance is necessary for the immediate preservation of the public health, peace, property and safety of the City and its residents/public.
SECTION 4: A violation of this Ordinance is a misdemeanor which is punishable by imprisonment in a county jail for a period not to exceed one (1) year or by a fine of not more than one thousand dollars ($1,000) or both a fine and imprisonment.
If anyone has a question, concern or complaint regarding or relating to pricing of goods/services as defined above, please contact City of Avenal Code Enforcement Department at 559-386-5766.
A copy of the adopted Ordinance has been provided to each operating business/service within the City of Avenal. This document is accessible on the City’s website:
www.cityofavenal.com. Copies are also available in English and Spanish; please contact City Hall at 559-386-5766.
**Ordinance 2020-02, Section 8: “All businesses selling the goods or services outlined in this Chapter shall post notices provided by the City at front entrances informing the public of the provisions of this Section. Failure to post such notices shall be subject to Administration Citation”.