CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
APRIL 13, 2023; 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: Review Major Projects List & Hirings 4:30 P.M.
LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2023-18
(SA) LAST RESOLUTION: 2023-01 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: 038-290-028-000
Negotiator(s): City Manager/City Attorney
Party with whom negotiating Avenal Sand Drags Association, Inc.
Instructions to negotiator concerning: Terms of Payment.
C. 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)1)).
Parties, case/claim no: North Coast Rivers Alliance et al. v. United States Bureau of Reclamation, et al. (United States District Court, Case No. 1:16-cv-00307-JLT-SKO).
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.
Special Recognition – Avenal Police Department: Officer Mariano Sanchez
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: March 23, 2023.
B. Consider Authorizing a Deed Restriction to Parcel APN: 040-204-011-000 as part of 2018 Parks Bond Act Per Capita Grant Program: Resolution 2023-19.
6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:
A. Discussion on Major Projects List & Hirings (Discussion).
April 13, 2023 Pg. 1
7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Rob Williams, Public Works Director.
2. IT Department Activity Report: Humberto Bermudez, IT Manager.
B. Special Presentations/Reports:
1. None
8. PUBLIC HEARING(s):
A. None
9. OLD BUSINESS:
A. Consider Extending Local Emergency Declared on May 27, 2021 (Drought): (Discussion/Action).
10. NEW BUSINESS:
A. Consider Review and Update of City Salary Schedule for Classified Staff: Griselda Price, Director of Administrative Services. Resolution 2023-20. (Discussion/Action).
B. Consider Proposals for Consultation Services to Provide Prop 218 Rate Study for Refuse Collection and Street Sweeping Enterprise Funds: (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, April 10, 2023.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
April 13, 2023 Pg. 2
CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 13 DE ABRIL DE 2023; 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: Revise la lista de proyectos principales y las contrataciones 4:30 p.m.
ÚLTIMA ORDENANZA: 2022-06 CIUDAD ÚLTIMA RESOLUCIÓN: 2023-18 (SA) ÚLTIMA RESOLUCIÓN : 202 3-0 1 PFA ÚLTIMA RESOLUCIÓN: 2022-02 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: 038-290-028-000
Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad Parte con la que negocia Avenal Sand Drags Association, Inc.
Instrucciones al negociador sobre: Condiciones de pago.
C. 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)1)).
Partes, caso/reclamación no: North Coast Rivers Alliance y otros c. United States Bureau of Reclamation,
et al. (Tribunal de Distrito de los Estados Unidos, Caso No. 1:16-cv-00307-JLT-SKO).
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.
Reconocimiento Especial – Departamento de Policía de Avanal: Oficial Mariano Sánchez
5. CALENDARIO DE CONSENTIMIENTO:
Todos los elementos enumerados en el calendario de consentimiento son rutinarios y promulgados por una moción: (Acción).
A. Considere la aprobación de las actas de la Ciudad de Avenal / Agencia Sucesora para: 23 de marzo de 2023.
B. Considere autorizar una restricción de escritura a parcela APN: 040-204-011-000 como parte del Programa de Subvención Per Cápita de la Ley de Bonos de Parques de 2018: Resolución 2023-19.
April 13, 2023 Pg. 3
6. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / TEMAS A CONSIDERAR:
A. Discusión sobre la lista de proyectos principales y contrataciones (discusión).
7. INFORMES DE ACTIVIDADES/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:
A. Informes de actividad:
1. Informe de Actividades de los Departamentos de Obras Públicas/Aplicación de Códigos/Control de Animales: Rob Williams, Director de Obras Públicas.
2. Informe de Actividades del Departamento de TI: Humberto Bermúdez, Gerente de TI.
B. Presentaciones especiales/informes:
1. Ninguno
8. AUDIENCIA(s) PÚBLICA(s):
A. Ninguno
9. NEGOCIO ANTIGUO:
A. Considere extender la emergencia local declarada el 27 de mayo de 2021 (sequía): (discusión / acción).
10. NUEVOS NEGOCIOS:
A. Considere revisar y actualizar el cronograma de salarios de la ciudad para el personal clasificado: Griselda Price, Directora de Servicios Administrativos. Resolución 2023-20. (Discusión/Acción).
B. Considere propuestas de servicios de consulta para proporcionar un estudio de tarifas de la Proposición 218 para la recolección de basura ylos fondos de empresas de barrido callejero: (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 en, de abril 10, 2023.
__ /s/ María Ortiz
Maria Ortiz, Secretaria Municipal
April 13, 2023 Pg. 4
CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
MARCH 23, 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 5:20 p.m.
ROLL CALL: Councilmembers: Ricardo Verdugo, Luis Gravelle, Mayor Pro Tem Alejandro Ramirez, Mayor Alvaro Preciado ABSENT: Pablo Hernandez excused himself and left the City Council meeting at 6:41p.m. due to not feeling well.
STAFF: Lopez, Ortiz, Bermudez, Davis, Verdugo.
LEGAL COUNSEL: Moses Diaz.
CITY CLERK:
Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.
The City Council went into Closed Session at 5:18 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. 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)).
Initiationof 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: 038-290-028-000
Negotiator(s): City Manager/City Attorney
Party with whom negotiating Avenal Sand Drags Association, Inc. Instructions to negotiator concerning: Terms of Payment.
Mayor Preciado re-opened meeting at 6:22 p.m. with the following action to report: the City Council would authorize City Manager to negotiate a price and temporary agreement on parking on city property for Spring 2023 Sand Drags Event.
Mayor Preciado motioned to authorize City Manager to negotiate a price and agreement on parking on city property for Sand Drags, second by Mayor Pro Team Ramirez and carried.
Roll Call Vote:
AYES: Preciado, Ramirez, Gravelle, Verdugo, Hernández.
NOES: None.
ABSENT: None.
ABSTAIN: None.
PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:
Chief Nevarez introduced two new employees for the Avenal Police Department Cynthia Morales is a native to Avenal, attended elementary, middle school and graduated high school and graduated from college as a medical assistant. Ms. Morales has three children, and she most recently worked at Kings County Health Department has a community health aide. Also worked as a health worker by the university response team where she works by assisting the homeless population where she helped them connect to AGENDA ITEM NO. 5. – A.
April 13, 2023 Pg. 5
Joint Meeting City Council/Successor Agency/PFA – March 23, 2023
resources and the county such as her pregnancy and long-term housing and medical and mental health services. So, ID like to you all to. Join me in welcoming Cynthia Morales to the Avondale Police Department. If you would like to say a few words. I apologize.
Ms. Morales stated that she is here to work with the community and from the community where she grew up, and that's her passion to help people. Ms. Morales is looking forward to making changes to the community and offering so many resources. Also, thanked the Council and City of Avenal for the opportunity to work for the city.
Chief Nevarez introduced Edward Rij and has known Mr. Rij for a long time. Mr. Rij is from Fresno, he graduated from McLean High School. He's been married for 21 years and has two adult children. In 1994 of the attended the Presidential Academy and was hired by the Center Police Department. Mr. Rij returned to Fresno and worked there until his retirement. Staff is fortunate to have that wealth of experience. Mr. Rij is working patrol, training officer, graffiti stations officer and a school resource officer. Also, Mr. Rij is a pilot and aircraft owner, and he enjoys flying his plane all over and welcoming Edward Rij.
Mr. Rij thanked the City Council for the opportunity and would help anywhere needed.
The City Council welcomed Cynthia Morales & Edward Rij to the City family.
CONSENT CALENDAR:
All items listed under the consent calendar are routine and enacted by one motion: (Action).
A. Consider City of Avenal/Successor Agency’s Approval of Minutes for: March 9, 2023.
B. Consider February 2023 Cash and Financial Statements - prepared By Price Paige & Company.
C. Consider Ratifying Letter of Support to Westlands GSA’s proposal to the Department of Conservation for a Multibenefit Land Repurposing Program grant.
D. Consider Authorizing the Mayor to Execute a Temporary South of Delta 215 Water Service Contract for Water Contract Year 2023 (Resolution 2023-18).
Council Member/Successor Agency Member Gravelle made motion to approve Consent Calendar, seconded by Council Member/Successor Agency Member Hernandez, and motion carried.
RESOLUTION 2023-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL TO ENTER INTO A
CONTRACT BETWEEN THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION
AND THE CITY OF AVENAL PROVIDING TEMPORARY WATER SERVICE TO THE CITY OF AVENAL FOR WATER YEAR 2023. Councilman Gravelle motioned to approve, second by Councilman Hernandez, and motioned carried.
Roll Call Vote:
AYES: Gravelle, Hernández, Verdugo, Ramirez Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Councilman Verdugo recused himself from Check 2015.
MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION:
A. Discussion on Direction to Appoint a Representative to the Kings County Commission on Aging Council.
City Manager Lopez reported that since 2021, Councilmember Pablo Hernandez has represented the city on the Kings County Commission on Aging Council (KCCOAC). Most recently, Councilmember Hernandez has expressed his intention to step-down from the KCCOAC to allow more active members of the Avenal Senior Program to represent the Avenal group. The City Council is allowed to appoint any member of the Avenal community to the KCCOAC, this appointment is not exclusive to City Council Members.
Staff suggests sharing the vacancy and solicit letters of interest from community members to represent Avenal on the KCCOAC and bring them before Council for final appointment.
The City Council is in consensus to sharing the vacancy and solicit letters of interest from community members to represent Avenal on the KCCOAC and bring them before Council for final appointment.
B. Consider Approval of Pilot Transportation Project in Avenal, Dial-A-Ride, by Kings Areal Rural Transit (KART):
April 13, 2023 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – March 23, 2023
City Manager Lopez reported that the community of Avenal is provided public transportation services by Kings Areal Rural Transit (KART), through Route 12, which operates four trips Monday-Friday, and one on Saturday. Over the past few years, the route has been adapted and changed to improve ridership, although there are concerns/issues with the length of travel from Avenal to Hanford with stops at Kettleman City, Stratford, Lemoore, and finally Hanford. Angie Dow of KART has been supportive of finding a solution to local transportation needs in Avenal, helping provide a Solar EV charger for MioCar to bring services to Avenal, and providing a special one-way route for grocery shopping on Saturdays since October 2022. Recently, Staff was approached by the Reef-Sunset Unified School District on finding a solution to providing local transportation to school district children and their families, as part of the Family Engagement Center that is slated to open this year. The district has grant money to help fund such a project but is not interested or capable of running the administration of a transportation program.
Staff contemplated utilizing exiting resources and hiring a driver to begin a small-scall local transportation program, but sustainability and reliability would be problems that need a heavy investment to bring up to a quality program. KART was approached on the feasibility of partnering with the city on this potential project, and an idea was made to begin with a pilot project, from April 1 – June 30, with a weekday, Dial-A- Ride, service from 8am-4pm, with a cost of $2 per rider. This pilot would be done at a maximum cost of $33,047.00, with those under 12 years of age riding for free (but must be accompanied by an adult). Fees collected from fares would be deducted to the total operating cost for the pilot project. After speaking to the RSUSD, the district is in agreeance to fund the pilot project for the benefit of the entire community, through an MOU, with further discussions on how to fund a potential new service in the future should the pilot project be successful.
Councilman Gravelle motioned to move forward with the pilot project by KART, with financial assistance from RSUSD.
KCAPTA is approving the pilot project on Wednesday March 22. Should it be approved, Staff with work with RSUSD on an MOU for funding the project, second by Councilman Verdugo and motion carried.
Roll Call Vote:
AYES: Gravelle, Verdugo, Ramirez Preciado.
NOES: None.
ABSENT: Hernández.
ABSTAIN: None.
ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1. Community & Economic Development Report: Kao Nou Yang, Director Kao Nou Yang, Director Planning Division reported the following: 1) Processing Zoning Land Use Applications, Land Division Applications and Current Planning Business Inquiry Forms – Staff is currently review 4 Business inquiry forms – Home Occupation Permits to new small retail business; 2) Long Range Planning: Zoning; 3) Housing Element - Staff is working with Kings County for the updating of the Housing Element which is encompassed within the General Plan.; 4) Building Division: 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. PLEASE NOTE: any new building permits being submitted now will need to comply with the new 2022 California Building Code. If they do not comply with new building regulations, they will be rejected and considered incomplete. Economic Development; 5) CrisCom report and Update from Economic Development Team CrisComm - Surplus Land Act – Notice of Availability was posted with HCD as per Section 50079 on March 1 st, 2023. NOA will be posted for 60 days from the date of posting. (Last day of posting April 29, 2023); and 6) Programs: First Time Home Buyer Program/ Home Rehabilitation Program/ Accessory Dwelling Unit (ADU) Program.
2. Police Department Activity Report: Robert Nevarez, Chief of Police Robert Nevarez, Chief of Police reported the following: 1) Leadership Stability; 2) Recruit and Retain the best; 3) International Model of Community Trust; 4) Amongst the safest cities in America; and 5) Embrace wellness amongst our employee.
B. Special Presentations/Reports:
1) None
PUBLIC HEARING(s):
A. None.
OLD BUSINESS:
April 13, 2023 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – March 23, 2023
A. 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 Verdugo motioned to approve as recommended, seconded by Councilman Hernandez, and motion carried.
Roll Call Vote:
AYES: Verdugo, Gravelle, Ramirez, Preciado.
NOES: None.
ABSENT: Hernandez.
ABSTAIN: None.
NEW BUSINESS:
A. None.
CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
City Manager Lopez announced the following: 1) March 25th-Music Fest, Rice Park 10AM-2PM & Reef Sunset Unified School District - Avenal Middle School, Gear-up Health, and Resource Fair 9AM – 3PM. Rotary is sponsoring a watch party for the Jose Ramirez fight Avenal Theater opens at 7:15 p.m. and concession will be sold all invited to attend. ; 2) April 1st Easter Egg Hunt 11AM - 2PM and age times 11:00-11:15 AM/Toddlers; 11:15-11:30 AM/ Pre-School/Kinder; 11:30-11:45AM/1st & 2nd grades; 11:45 AM - 12:00 PM/3rd & 4th grades and 12:00 – 12:15PM/5th &Older; and, 3) Chief Nevarez & City Manager Lopez have attended virtually the County EOS declared flooding happening in Corcoran and activated their EOS and having daily meetings. Also, many roads closure around Corcoran and managing with Farmers, Dairies, and their livestock. Also, weed abatement notices are being sent out and over 100-door hanger courtesy notice have been given out to residents.
Councilman Gravelle reported the following: 1) following on allowing chickens within City limits. City Manager Lopez stated that Staff is working on this item and thanked all staff everyone for doing their job.
Councilman Verdugo asked regarding the park for special needs children when will it start or be brought as item for the City Council meeting. City Manager Lopez stated that he directed Staff that it is still being worked on and City engineer is reviewing bid package before it goes out to bid and O’Dell is helping staff.
Mayor Pro Tem Ramirez stated that he would like agenda item or study session on vacant positions and strategy how they will be filled.
Mayor Preciado reported the following: 1) attended many meetings and post update Behavioral Health report.
ADJOURNMENT:
There being no further business the City Council meeting was adjourned at 7:34 p.m.
Respectfully submitted,
Maria Ortiz, City Clerk
April 13, 2023 Pg. 8
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: April 13, 2023
RE: Consider Authorizing a Deed Restriction to Parcel APN: 040-204- 011-000 as part of 2018 Parks Bond Act Per Capita Grant Program
INFORMATION:
The Per Capita Program originates from Proposition 68, placed on the ballot via Senate Bill 5 and approved by voters on June 5, 2018. Funds were made available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. The City of Avenal’s allocation is for $177,952.
The City applied for these non-competitive funds on December, 2020, selecting two projects: A community garden; and improvements to the Sports Complex.
The Community Garden is near completion and ready to open, pending adoption of rules and regulations for use. Before the City can submit drawdowns for reimbursement, the State Parks Department is requesting that a deed-restriction be placed on the parcel where the park is located. The deed restriction prohibits the land from being used as anything other than recreational use for a period of 30 years, or July 1, 2018 – July 1, 2048.
Staff sees no issue with the deed restriction as the intended use of the entire parcel is public facility, with the skate park and open space/garden on the other half.
RECOMMENDATION:
By Resolution, authorize the City Manager and Community Development Director to execute a Deed Restriction for Parcel APN: 040-204-011-000 as part of 2018 Parks Bond Act Per Capita Grant Program.
FISCAL IMPACT:
None. Funds used for the garden will promptly be reimbursed.
April 13, 2023 Pg. 9
April 13, 2023 Pg. 10
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 A DEED RESTRICTION
TO SKATE PARK/COMMUNITY
GARDEN PROPERTY, APN: 040-204-
011-000 THAT IS REQUIRED AS A
CONDITION OF THE 2018 PARKS
BOND ACT PER CAPITA GRANT
PROGRAM FROM THE STATE OF
CALIFORNIA DEPARTMENT OF
PARKS AND RECREATION, OFFICE
OF LOCAL GRANTS AND SERVICES.
RESOLUTION 2023-19
WHEREAS, the City of Avenal (City) is the recorded owner of the real property described in Exhibit A, which is attached hereto and incorporated herein by this reference (the “Property”); and
WHEREAS, the California Department of Parks and Recreation (“DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code ( “PRC”); and
WHEREAS, the City applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All of 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program to create a Community Garden, including the construction of restrooms, fencing, gazebo, lighting a community garden with raised planters, throughout the park on the Property; and
WHEREAS, on July 1, 2021, DPR’s Office of Grants and Local Services conditionally approved Contract C9801266, Grant 18-16-006 ( “Grant”) to create Avenal Community Garden in the City of Avenal, subject to, among other conditions, recordation of a Deed Restriction on the Property; and
WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program and the funds that are subject of the Grant could therefore not have been allocated; and WHEREAS, the City has elected to comply with the Deed Restriction of the Grant so as to enable the City to receive the Grant funds and perform and be reimbursed the work described in the Grant; and,
April 13, 2023 Pg. 11
2 of 2
WHEREAS, the Deed Restriction shall remain in full force and effect and shall bind the City of Avenal for the period running from July 1, 2018 through June 30, 2048.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL SPECIAL MEETING HELD ON April , 2023, 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 Recitals above to be true and correct;
2. That the City Council of the City of Avenal that, in consideration of the issuance of the Grant funds by DPR, it authorizes the execution
3. Authorized the City Manager and/or the Community Development Director to submit and process the Deed Restriction with the County of Kings Recorders Office.
4. Directed City staff to diligently bring to the Council for consideration, all necessary or convenient budget adjustments which will enable the City to comply with the repayment requirements of the Section 215 Temporary Water Contract; and
5. Authorized the City Manager and relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
April 13, 2023 Pg. 12
1 RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
ATTN: Melinda Steinert
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
DEED RESTRICTION
I. WHEREAS, City of Avenal (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”). And III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program for a project to create the new Avenal Community Garden with garden plots, gazebo, restrooms and lighting on the Property; and IV. WHEREAS, on _July 1, 2020 , DPR’s Office of Grants and Local Services conditionally approved Grant 18-16-006 , (hereinafter referred to as “Grant”) for a project to create the new Avenal Community Garden with garden plots, gazebo, restrooms and lighting on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond April 13, 2023 Pg. 13
2 Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successorsin-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.
1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048.
2. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and April 13, 2023 Pg. 14
3 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: ______________________, 20 ____
Business Name (if property is owned by a business): N/A Owner(s) Name(s): City of Avenal
Signed: ________________________________ Signed: ________________________________ Antony V. Lopez, City Manager ________________________________ PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
April 13, 2023 Pg. 15
4 State of California
County of _______________
On __________________ before me, __________________________, a Notary Public, personally appeared ANTONY V. LOPEZ,, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
April 13, 2023 Pg. 16
EXHIBIT “A”
Legal Description:
Lots 7 and 8 in Block 52 of Avenal, in the City of Avenal, County of Kings, State of California, as per Map recorded June 12, 1935 in Volume 3 at Page 35 of License Surveyor Plats, Kings County Records.
EXCEPTING THEREFROM all oil, gas, asphaltum and other minerals as reserved in the Deed from Standard Oil Company of California, a corporation to Harold O. Upton and/or Margaret E.
Upton, his wife as Joint Tenants, recorded May 8, 1949 in Book 430 at Page 379 of Official Records as Document No. 4048.
Assessor’s Parcel Number: 040-204-011-000
April 13, 2023 Pg. 17
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE
THE PROJECT PERFORMANCE PERIOD is from
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.
By
Title
Date
(Signature of Authorized Representative)
By
Date
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
City of Avenal
City of Avenal
City Manager
The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.
PROJECT NO.
CERTIFICATION OF FUNDING
(For State Use Only)
AMOUNT ENCUMBERED BY THIS DOCUMENT
CONTRACT NO
FUND.
PRIOR AMOUNT ENCUMBERED FOR THIS
CONTRACT
FISCAL SUPPLIER I.D.
TOTAL AMOUNT ENCUMBERED TO DATE
$
ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE 2021/22
C9801266
3790-101-6088 29
69801
Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
37900091 5432000-5432000000
$177,952.00
0000052548
18 AMENDMENT NO
$177,952.00
CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 July 01, 2018 through June 30, 2024
18-16-005 & 18-16-006
12/30/2021
DocuSign Envelope ID: A7CE570A-C351-4B6E-A475-C87CE8550B23 1/4/2022
Exhibit "B"
April 13, 2023 Pg. 18
1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Avenal (hereinafter referred to as “GRANTEE”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$177,952___, subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number – 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from _July 01, 2018_ to _June 30, 2024_.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The DocuSign Envelope ID: A7CE570A-C351-4B6E-A475-C87CE8550B23 April 13, 2023 Pg. 19
2 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the DocuSign Envelope ID: A7CE570A-C351-4B6E-A475-C87CE8550B23 April 13, 2023 Pg. 20
3 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
DocuSign Envelope ID: A7CE570A-C351-4B6E-A475-C87CE8550B23 April 13, 2023 Pg. 21
4 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project DocuSign Envelope ID: A7CE570A-C351-4B6E-A475-C87CE8550B23 April 13, 2023 Pg. 22
5 termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.
DocuSign Envelope ID: A7CE570A-C351-4B6E-A475-C87CE8550B23 April 13, 2023 Pg. 23
6 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.
The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.
M. Assignability
DocuSign Envelope ID: A7CE570A-C351-4B6E-A475-C87CE8550B23 April 13, 2023 Pg. 24
7 Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
_City of Avenal____________________________________
GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
City Manager
12/30/2021
DocuSign Envelope ID: A7CE570A-C351-4B6E-A475-C87CE8550B23 1/4/2022
April 13, 2023 Pg. 25
City Manager / City Clerk, Major Projects 2023 LIST LAST UPDATED: 13-Apr-23
PROJECTS DELIVERABLE(S) COST / FUNDING SOURCES
AT
RISK STATUS PRIORITY DEADLINE TASK DESCRIPTION DEPARTMENT ASSIGNED TO
PRIMARY LEAD/
PROJECT MANAGER DELIVERABLE % DONE TOTAL COST CITY BUDGETED $ AMOUNT
GRANT $
In Progress High 12/31/2022 CalOES Grant Vets Hall Generator Scott & Tony Vets Hall serves as cooling and heating center during power $ 100,000.00 $ 100,000.00
Complete High 12/31/2022 Purchase Materials, generator $100k grant to purchase generator PW/City Manager Scott Davis 100%
Complete High 12/31/2022 Upgrade Electrical Panel Authroized to spend funds to upgrade electrical panel PW Trulll Electric 100%
Overdue Medium 12/31/2022 Final permits, test unit Test Unit, keep on maintenance plan PW Scott Davis 85%
In Progress High 06/30/2023 Refuse Agreement (MidVallley) Tony In Progress High 06/30/2023 Draft new contract for current needs PW/City Manager PW/City Manager New services contract 90%
06/30/2023 Refuse Rate Study New rates to keep up with costs City Manager Dan Bergman New services contract 20% $20,000? On Hold Medium Animal Control Services Contract
(Corcoran) Tony
In Progress High Draft new contract for current
needs based on overflow
PW/City
Manager PW/City Manager 3-5 year contract with Corcoran with more equitable cost 60%% none Not
Started High 12/31/2023 Update Avenal Municpal Code
Clean up and update the
municipal code, and available
online
City Clerk/City
Manager
City
Manager/Attorney
Municipal Code up to date
Municipal Code availble online 0% unknown
In Progress Medium 04/30/2023 Civic Clerk software Have council packet online and provide iPads to Council
City Clerk/City
Manager City Clerk Staff reports delivered online and updated in real time for Council 80% $ 3,000.00 $ 3,000.00 Council with iPads for emails and
packets 50% $ 4,000.00 $ 4,000.00
April 13, 2023 Pg. 26
Community Activities Dept. Major Projects Tracking 2023 LIST LAST UPDATED: 13-Apr-23
PROJECTS DELIVERABLE(S) COST / FUNDING SOURCES
AT
RISK STATUS PRIORITY DEADLINE TASK DESCRIPTION DEPARTMENT ASSIGNED TO
PRIMARY LEAD/
PROJECT MANAGER DELIVERABLE % DONE TOTAL COST CITY BUDGETED $ AMOUNT
GRANT $
In Progress Medium Avenal Community Garden PW/Community Activites
Community Activities
Supervisor $ 100,000.00 $100,000.00
Complete Medium Design/Plan PW/Community
Activites
Complete Medium Purchase Materials PW/Community
Activites
Community Activities
Supervisor
In Progress High Purchase Restrooms PW/Community
Activites PW/Scott/Antony
In Progress Medium Install, build out PW PW
In Progress High Rules/Fees/Responsibilities Community
Activities
Community Activities
Supervisor
On Hold Low Sports Complex Upgrades $ 70,000.00 $ 70,000.00 On Hold Low Design/Plan ??
On Hold Low Purchase Materials/RFP? ??
Not
Started Low Quotes for Electrical Outlets-vendors and SB Fields PW/Community
Activites
Community Activities
Supervisor
Not
Started Low Cameras in C-Trains and Concessions
PW/Community
Activites
Community Activities
Supervisor
Not
Started Low Trouble shoot squirrel problems PW/Comm.Activitie s Community Activities
Supervisor
Low Misc
Not
Started Low Quote for Electric boxes on Kings Street
Community
Activities
Community Activities
Supervisor
On Hold Low Quote for Walk in Refrigeration at
Vet's Hall
Community
Activies
Community Activities
Supervisor
Not
Started Low Quote for Cameras at Scout House Community Activities Dept/IT Community Activities
Supervisor
Not
Started Medium Quote for Cameras in C-Trains and Concessions at Complex Community
Activities Dept/IT
Community Activities
Supervisor
Recreation Center/Summer Program
In Progress High New Ducting and Insulation Community
Activities Dept. /
Community Activities
Supervisor
In Progress Medium Supplies for Summer Program Community Activities Dept.
Community Activities
Supervisor
Complete Low Inventory/Organize Community
Activities Dept.
Community Activities
Supervisor
Not
Started High New Inclusion Carnival Games Community Activities Dept.
Community Activities
Supervisor
Theater
In Progress High Quartly movies for Children with
Special Needs
Community
Activities Dept.
Community Activities
Supervisor
Not
Started Low Storage Pod Community Activities
Community Activities
Supervisor
April 13, 2023 Pg. 27
Community Economic Dev./Building Depts. Major Projects Tracking 2023
LIST LAST
UPDATED: 13-Apr-23
PROJECTS DELIVERABLE(S) COST / FUNDING SOURCES
AT
RISK STATUS PRIORITY DEADLINE TASK DESCRIPTION DEPARTMENT ASSIGNED TO
PRIMARY LEAD/
PROJECT MANAGER DELIVERABLE % DONE TOTAL COST CITY BUDGETED $ AMOUNT
GRANT $
In Progress High Updating Housing Element
Updating the City's Housing
Element in collaboration with The
County and multi-jursdictions
(county will take lead)
CD CD / County of Kings TBD
In Progress High Surplus Land Act
Requires any public land to be
declared Surplus land prior to
selling
CD CD/ CM 40%
In Progress High Comprehensive Update Zoning and
Subdivision Ordinance
Updating and reorganizing the
Zoning and subdivsion ordinnace
to be more reader friendly and
help streamline permitiing with in
the city.
CD CD/QK 40% $ 100,000.00
$100,000.0
0 - SB2 /
LEAP
Funding
In Progress Low Scanning Historical Maps and Plans
Avenal's Histroical information is
currently all paper. With digitizing
and scanning the documents and
paperwork we will preserve the
information.
CD CD 20%
In Progress High Economic Development - Criscom
Atract businesses to Avenal
Criscom is working in spreading
more awareness and attactting
Avnal to all and any businesses
CD/City
Manager CD/City Manager
In Progress High
April 13, 2023 Pg. 28
Finance/HR/Risk Depts. Major Projects Tracking 2023
LIST LAST
UPDATED: 13-Apr-23
PROJECTS DELIVERABLE(S) COST / FUNDING SOURCES
AT
RISK STATUS PRIORITY DEADLINE TASK DESCRIPTION DEPARTMENT ASSIGNED TO
PRIMARY LEAD/
PROJECT MANAGER DELIVERABLE % DONE TOTAL COST CITY BUDGETED $ AMOUNT
GRANT $
Overdue High 2019-2020 Audit
Overdue High 12/01/2020 Adopted Audit Sotomayor & Associates complete the audit
Finance/City
Manager
Finance/City
Manager Complete Audit 85%
Find new auditors Finance/City
Manager/PP&C
Finance/City
Manager/PP&C
Awaiting OPEB report for
Sotomayor & Associates to 85%
In Progress High 05/01/2023 Mid-Year Budget Review Review Reveues and Expenses to date Finance Finance Director
Update all departments on
budgets, request any changes to
Council
60% $ - 0 0
Overdue High 01/01/2023 Update Salary Schedule Account for new minimum wage $15.50 Hr Finance Director
New salary schedule that puts all
positions above $15.50 minimum
wage
95% $ - 0 0
Overdue High 2020-2021 Audit
Continue with next audit Have 2021-2022 audit complete Finance Finance/PP&C PP&C are helping prepare the
books, which should make this
audit go smoother.
40% $ 15,000.00 15000
April 13, 2023 Pg. 29
Information Technology Dept. Major Projects Tracking 2023 LIST LAST UPDATED: 13-Apr-23
PROJECTS DELIVERABLE(S) COST / FUNDING SOURCES
AT
RISK STATUS PRIORITY DEADLINE TASK DESCRIPTION DEPARTMENT ASSIGNED TO
PRIMARY LEAD/
PROJECT MANAGER DELIVERABLE % DONE TOTAL COST CITY BUDGETED $ AMOUNT
GRANT $
In Progress High Telecommunications Upgrades IT/Administration IT Manager Complete High New VoIP System handsets Migrating from depreciating POTS/PBx to VoIP for deskphones IT/Administration
In Progress Medium Cell phones upgraded
In Progress High Internet across all buildings
On Hold Medium Backend chatting application Unfiy Communications Across Devices - Teams/OneTalk
Consolidate group messaging,
avoiding unneccessary group chat
In Progress Medium Site Camera Access Update all analog security cameras to PoE/VPN Connectivity
Remote access to camera systems
across City Sites
On Hold Medium Document Management Sfotware Search for Self-Hosted OCD Doc Management
Speed up CD/Clerk Document
Digitizing
On Hold Low Help Desk Ticketing System Create a streamlined ticketing system for tech support requests Assign priority to issues In Progress Medium Hospital Assistance IT/Hospital
District IT Manager
POTS Conversion
April 13, 2023 Pg. 30
Police Department Major Projects Tracking 2023 LIST LAST UPDATED: 13-Apr-23
PROJECTS DELIVERABLE(S) COST / FUNDING SOURCES
AT
RISK STATUS PRIORITY DEADLINE TASK DESCRIPTION DEPARTMENT ASSIGNED TO
PRIMARY LEAD/
PROJECT MANAGER DELIVERABLE % DONE TOTAL COST CITY BUDGETED $ AMOUNT
GRANT $
In Progress Medium June, 2023 Complete 3 week Hispanic Residents Academy
3 week police education for
residents in Spanish Police Mendez Complete 3 week Hispanic Residents Academy 25% $ - $ - $ - In Progress Medium Sept, 2023 Schedule Cafe con Campesino event
Police officers to visit farm laborers
at local farm to increase trust Police Mendez Complete 2023 Cafe con Campesions event 0% $ - $ - $ - In Progress Medium Nov, 2023 Expand City Camera Plan Add 3 locations to existing camera network Police Lujan Expand Camera Plan with 3 more camera locations 0% $ 30,000.00 $ - $ 30,000.00 In Progress High July, 2023 Obtain new police body cameras Replace aging Axon body cameras- many are a decade old Police Lujan All cameras to be replaced by newer version 0% $ 54,000.00 $ - $ 54,000.00 In Progress High June, 2023 Obtain 2 new police cars Replace 2 of our older, high mileage cars Police Lujan Obtain 2 new patrol cars 50% $ 140,000.00 $ - $140,000.00 In Progress Medium June, 2023 Wrap 3 police cars in new scheme Wrap 3 vehicles in new paint scheme Police Lujan Wrap 3 cars this fiscal years, 3 more next FY 0% $ 4,000.00 $ - $ - In Progress High June, 2023 Paint hallway and womens locker room
Paint areas to bring up to same
level as executive wing Police Lujan Paint hallway and womens bathroom 0% $ 2,000.00 $ 2,000.00 $ - In Progress Medium June, 2023 Acquire elliptical and treadmill for employee wellness
Use State Mental Health funds to
buy cardio equipment for officers Police Deleon Use State Mental Health funds to buy cardio equipment for officers 50% $ 10,000.00 $ - $ 10,000.00 In Progress High July, 2023 Add 1 sworn officer to agency Add 1 officer to be assigned as fulltime detective Police Nevarez Add 1 officer to be assigned as fulltime detective 0% $ 90,000.00 $ - $ - In Progress High July, 2023 Add 1 property/evidence employee Add 1 full-time position to handle senstive property/evidence duties Police Nevarez Add 1 full-time position to handle senstive property/evidence duties 0% $ 50,000.00 $ - $ - In Progress Medium August,
2023 Schedule Summer Block Party Summer Blcok Party in August, 2023 Police Nevarez Schedule next block party for August, 2023 0% $ - $ - $ - In Progress Medium Oct, 2025 Tobacco Grant Coordination Hire CSO to coordinate grant and achieve deliverables Police Morales Hire CSO to coordinate grant and achieve deliverables 25% $ 158,673.00 $ - $158,673.00 In Progress Medium Dec, 2023 Send 3 officers to Peer Support Trng Send 3 officers to certified course Police Nevarez Send 3 officers to certified course funded by State Wellness Grant 0% $ 5,000.00 $ - $ 5,000.00 April 13, 2023 Pg. 31
Public Works/Animal Control/Code Enforcement Depts. Major Projects Tracking 2023 LIST LAST UPDATED: 13-Apr-23
PROJECTS DELIVERABLE(S) COST / FUNDING SOURCES
AT
RISK STATUS PRIORITY DEADLINE TASK DESCRIPTION DEPARTMENT ASSIGNED TO
PRIMARY LEAD/
PROJECT MANAGER DELIVERABLE % DONE TOTAL COST CITY BUDGETED $ AMOUNT
GRANT $
On Hold High none Avenal Community Center Building New Facility PW/CD PW Director 22,000 sq. ft. recreation facility $7 Million Complete High Phase 1 Design and build shell PW/CD PW/CD Foundation, parkings, metal building 100% $1.8 Million
In Progress High Phase 2 Partion, furnish interior PW/CD PW/CD Partial opening, mechanical and electrical utilities built out 25% $3 Million
Overdue High Phase 3 Full Build Out PW/CD PW/CD All facilities built out, fully operation 0% $2.2 Million In Progress High 18" Water Transmission Line
Pre-Planning Environmental, Plans, Funding PW/CD PW Director Design plans, easements, RFP 100% Contruction Install new transmission line PW/CD PW Director Replace 2-3 miles of pipleline 20% Est. $9,200.000.00
Task 3
In Progress Medium 03/01/2024 Avenal Kids Park PW PW/SUMMER Engineering
Complete High Planning PW/CD
Complete High RFP PW/O'Dell
In Progress Construction
Task 4
In Progress High Street Projects
On Hold Medium 7th ave ( south of skyline Blvd ) 5474
hip program funded /LTF
Re- construction of street section
/ada improvement
PW/SUMMER
Engineering PW Director Replaces from SR 269 to Hwy 33 0% $800.000.00 HIP /LTF FUNDS $380,000.00 On Hold Medium 7TH ave (north of Skyline Blvd re- construction of street section /ada improvement
PW/SUMMER
Engineering PW Director North side SR 269 to San joaquin St. 0% $2,125,000.00 LTF/ CRSSA FUNDING $106, 598.00 WASTEWATER DEPT.
On Hold High 18'' WASTE WATER LINE PROJECT Re- construction of waste water line PW/SUMMER Engineering PW Director Installation of 18'' sewer mainline to Replaces old failing 10'' sewerline 0% $800,000.00 none /looking grant funding On Hold High VEHICLE MAINT DEPT. VEHICLE REPLACEMENT PW DEPT. PW Director New pickups to replace 15+ old vehicles 0% $ 400,000.00 0 0
April 13, 2023 Pg. 32
Utilities (Water/Waste Water) Dept. Major Projects Tracking 2023 LIST LAST UPDATED: 13-Apr-23
PROJECTS DELIVERABLE(S) COST / FUNDING SOURCES
AT
RISK STATUS PRIORITY DEADLINE TASK DESCRIPTION DEPARTMENT ASSIGNED TO
PRIMARY LEAD/
PROJECT MANAGER DELIVERABLE % DONE TOTAL COST CITY BUDGETED $
AMOUNT GRANT
$
Overdue High 12/31/2023 Waste Water Plant Solar Project Utilities/Administr ation
AM-CE -Alfonso
Manrique $ 7,000,000.00 $ - $ 7,000,000.00
Complete High Design, RFP for Solar Panels
In Progress High Transmission Upgrades/Battery
Storage
Build out
On Hold High 12/31/2023 TTHMs Water Quality Project
Identify cause of high TTHM
Work with Self-Help for Prop 1
funding to identify water quality
issue
Utilties/CM SHE Find permanent solution to high
TTHM issue in distrubition line 25% Unknown $ - State Grant Design upgrades at Water Plant
SHE work with Provost & Prichard to
design solution and approved by
the State
Utilties/CM SHE Awaiting approval from state Unknown $ - State Grant Identify and secure second source of
water
Use state funding to secure second
source of water Utilties/CM SHE/Provost & Prichard Awaiting approval from state Unknown $ - State Grant In Progress Medium 12/31/2023 Upgrade SCATA system at Water Plant
Upgrade panels and software to
allow remote working Utilities/IT R. Brumley Awaiting 2nd quote on system $ 300,000.00 $ 300,000.00 Reserve funds In Progress High ASAP Gear Box, Headworks, valves, etc Delayed maintenance items at both plants Utilities R. Brumley
Ensure all backup systems are
operation and failsafes ready to
work
40% $ 200,000.00 200,000 ARPA
April 13, 2023 Pg. 33
Vacancies and Hirings 2023 LIST LAST
UPDATED: 13-Apr-23
PROJECTS DELIVERABLE(S) COST / FUNDING SOURCES
AT
RISK STATUS PRIORITY DEADLINE TASK DESCRIPTION DEPARTMENT ASSIGNED TO
PRIMARY LEAD/
PROJECT MANAGER DELIVERABLE % DONE TOTAL COST CITY BUDGETED $ AMOUNT
GRANT $
In Progress High Filling Vacancies
In Progress High 07/01/2023 Finance Manager Fill new position to oversee financial reports and accounting HR HR
Assistant for the Director of
Administrative Services for Financial
reports and accounting. Interviews
yet to be scheduled
20%
In Progress Medium 07/01/2023 HR/RISK Assistant Fill new position to assist Administration HR HR
Assistant for the Director of
Administrative Services. Interviews
yet to be scheduled
30%
In Progress Medium 05/01/203 Landscaper/PW Entry Fill 4/4 Landscaper positions HR/PW HR/PW Hire 4th landscaper, interviews yet to be scheduled 75%
In Progress High 06/01/2023 Building Inspector Hire new position to fill in role from Wildan HR/CD K. Yang Hire inhouse inspector to rely less on Wildan for inspections 50% In Progress High ongoing Police Officer I/II (3 vacancies) Fill 18/18 sworn officers HR/PD C. Lujan Have full slate of sworn officers, rolling interviews 75%
Not
Started Low 06/01/2023 Code Enforcement Officer
Code Enforcement Office 1 is
temporary reasigned to Animal
Control
HR/PW HR/PW Hire new CE officer to fill vacancy.
Position yet to be posted. 20%
On Hold Medium 05/01/2023 Animal Control Kennel Tech New hire identified, awaiting eligibility information of applicant HR/PW HR/PW Hire part-time employee at Animal Shelter 90% Not
Started Low 06/01/2023 Hire Summer Intern Hire 1 Intern for City Manager, 1 for City Clerk CM/City Clerk CM/City Clerk Summer intern to assist in special projects at City Hall. 0% April 13, 2023 Pg. 34
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: February 3, 2023
RE: Public Works Monthly Report January 2023
INFORMATION:
7300 CODE ENFORCEMENT:
Staff continues to work on property and weed abatements; the attached report explains in more detail the weed abatement process. They continue to remind our citizens we are still in water conservation even with all of the rain.
SEE ATTACHED REPORT.
8100 PARKS & LANDSCAPE:
Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sports Complex, the Ken Brown Public Safety Center. and Elliott Park. We are continuing to keep two (2) restrooms open at Rice Park. P.W. has patched the asphalt and will be marking parking stalls to complete the project. 9000 ANIMAL CONTROL DEPARTMENT:
Staff continues to maintain the Animal Shelter. Staff is still working hard to get dogs spayed and nurtured as well as working with rescue groups to get the dogs adopted.
SEE ATTACHED REPORT.
13000 STREETS:
Staff maintains city streets, signs, flags, and banners. We will be patching between other projects and are clearing weeds on the curbs and sidewalks.
14100 WATER DISTRIBUTION:
Staff continues to work with the City Engineer for the 18" water transmission replacement. We continue to review submittals from the contractor for the fittings and other parts for the project. As of April 6th the contractor has installed approximately 3700ft of the new 18" transmission line. There were two (2) water leaks, both on the 12" transmission line. Staff continues to maintain and repair the distribution system. 15000 WASTEWATER COLLECTIONS:
Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. There were two (2) sewer plugs both on the customer side. Staff is continuing the enzyme treatment for grease. 18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:
Staff continues to maintain city-owned property, vehicles, and equipment and continues monthly/quarterly reporting to SJVAPCD.
AGENDA ITEM NO. 7. A. – 1)
April 13, 2023 Pg. 35
Code Enforcement Monthly Report
March 2023
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 29
Courtesy Verbal Abetments 37
Courtesy Door Hangers 36
Abetments Completed 82
Pending 20
Miscellaneous Complaints
Illegal Business/Expired License 02
Stop Work/No Permit 00
Illegal Occupancy 02
Illegal Venders 03
Complaints Received 03
*Phone 03
*Walk In 00
Miscellaneous Inspections 65
Miscellaneous Meetings 02
Recycling Control 01
Graffiti Control 23
Water Waste Control (verbal and/or citations) 06
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 02
Notes: With record rain fall our hills look nice and green but also brings weeds into our residents. Weed abatement starts April 1st but have been doing verbal warnings and door hangers already. On the above report you will see a zero and that only do to that’s for properties that get posted. We post a property right before we have a contractor ready to do the abatement for the City of Avenal. Most part our residents are trying their best to keep up with the weeds in this wet year. Graffiti has gone up again but staying on top of it as best as we can. As the weather gets warmer it will bring in vendors and illegal yard sales so will start a more weekend and late evening hours.
April 13, 2023 Pg. 36
City of Avenal
Memorandum
To: City Manager Antony V. Lopez
From: Sr. Code Enforcement Officer Lupe Chavez
CC: Mayor and City Council
RE: Weed Abatement Process
This Memo is to inform as to how the weed abatement process works and what current practice has been, not only here in the City of Avenal but most other cities. The common practice has been to give a curtesy door hanger or verbal warning. At the time of placing a door hanger or giving a verbal warning - a term of 10 days is given to rectify the problem, which is the normal due process per most municipal codes. If at the end of time that was allowed, then we do a date stamped picture and attach to a letter addressed to person living at home and on some cases property owner as well. Also, additional time is allowed to fix the issue – either 7 or 10 days depending on the severity of the problem. At the end of that time, we do a final letter to person living in home and property owner along with new pictures and this letter is also now a certified letter and the time now goes down to 3 to no more than 5 days. At the end of this time, we do a final letter along with a notice that we (City of Avenal) will now look for licenses contractor to do the abatement at said property and first citation is also added. If at end of the time allowed, then we follow up with second and if needed third citation.
At end of the third citation still no results then inform with notice that property will now be abated for cleanup. We then look for 3 bids from the license contractor that are cleared to do work for the City of Avenal.
The step of finding the contractor is the one that takes the longest as we often don’t have contractors that are fully licensed to do the work local jurisdictions with the bidding process and adhering to prevailing wage. Once we find one with the lowest bid, we send a letter with the cost of the abatement to property owner. This step also includes 10 ten days for property owner to cleanup before the contractor starts work. If contractor does the abatement, we take date stamped picture before the work starts and when work is completed and pictures along with bill is sent to property owner. If the property owner doesn’t pay the bill with time allowed, then it’s sent to tax assessor from county as a lien from our Finance Department.
These steps do seem long and almost unnecessary, but they are common practice not only from the City of Avenal but other cities in California that deal with abatement. They also help protect the City of Avenal from any lawsuit as we must adhere to Due Process laws.
April 13, 2023 Pg. 37
2 I will add that very few times citations are needed. For most part once the second letter goes out most property owners start working to comply. All letters and pictures are filed in our computers and hard copies are in the office, so we don’t mistake, or we know what step that said property is on. Ongoing cases are kept confidential to protect the privacy of our residents.
This is much the same process in other jurisdictions as well who work on a three notice process. In the past, Kings County Fire use to take lead on weed abatements for the City, but about 20 years ago the City took it over. Here is an illustrated example from Metro Fire Sacramento:
Below you will find the Municipal Codes from City of Avenal which explains the abatement process we follow:
6-5.01 Purpose—Nuisance defined.
(a) The Council declares that its purpose in adopting this chapter is to establish a procedure to cause the abatement of Municipal Code violations. The procedures established in this section shall be in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address violation of this Municipal Code. The chapter is also intended to be used as an alternative to existing nuisance abatement procedures established in other chapters of this Code, if any exist April 13, 2023 Pg. 38
3 (c) The following acts and conditions, when performed or existing upon any lot, piece, parcel of land, or structure within the City, are defined as and declared to be public nuisances when of such magnitude as to be injurious or potentially injurious to the public health, safety or welfare, or which have a tendency to degrade the appearance and property values of surrounding property or which cause damage to public rights-of-way are as follows (but are not limited to):
(2) Fire hazards. Dry or dead shrubs, dead trees, combustible refuse or waste, or any material as determined by the City Fire Department to constitute a fire hazard to a building, improvement, crop or other property; (9) Alleys. It shall be unlawful for any person occupying property fronting on any public alleyway in the City to fail, refuse or neglect to keep the portion of such alley between the middle of the alley way and the property line of such property free from accumulation of weeds, garbage, rubbish, combustible material or any other material of any kind or nature;
(13) Lawns. Lawns or grasses in excess of six (6) inches high and visible on the property; 6-5.02 Authority to declare nuisance.
(a) Code Enforcement Officer(s) of the City of Avenal and all other authorized personnel shall be vested with the authority to determine whether or not a public nuisance, as defined herein, may exist on any private property and cause a written notice to be issued to abate such nuisance.
6-5.03 Authority to abate nuisance.
(a) Whenever a public nuisance is maintained or exists in the City, either under the general law or defined to be such under this Code, it shall be the duty of the Code Enforcement Officer(s) of the City and/or any other specific department charged with enforcement of the conditions as they are maintained or exist, and they are hereby authorized and empowered to abate the same by removal, destruction or abatement of the act or thing constituting a nuisance in accordance with the provisions of this chapter.
6-5.06 Notice of Abatement Citation.
Where the Code Enforcement Officer(s) of the City and/or other authorized personnel has determined a violation and/or nuisance to exist on private property, the Code Enforcement Officer shall issue a first Notice of Abatement Citation, and serve the same in accordance with the provisions of Section 6-5.07 on the landowner and the person, if other than the landowner, occupying or otherwise in apparent charge or control of the property. The first Notice of Abatement Citation shall be substantially in the form as provided in Exhibit 1 at the end of this chapter, and shall contain the following information:
(a) The name and address of the owner of the property, if known; (b) The street address or assessor's parcel number and location description sufficient for identification of the property on which the violation and/or public nuisance exists;
(c) A statement of the nuisance and/or Code or ordinance violation; (d) A statement to require the violator(s) to obtain all appropriate permits and correct the violation or abate the public nuisance within the time period identified in the citation which time period shall not exceed ten (10) days from the date of service of the citation, unless the Code Enforcement Officer(s) identifies a longer period of time on the administrative citation;
(e) A statement advising that the disposal of material removed from the property in order to comply with the citation shall be disposed of in the manner required by law;
(f) A statement advising that if the required work is not commenced within the time specified, the Code Enforcement Officer may proceed to cause the work to be done, and bill the persons named in the citation for all abatement costs and administrative expenses of the City and/or levy the costs against the property by recordation of a notice of lien in accordance with Section 6-5.17 of this chapter; (g) The amount of the fine imposed for the violation(s), if any; April 13, 2023 Pg. 39
4 (h) Explanation of how the fine shall be paid and the consequences of failure to pay the fine; (i) Signature of the Code Enforcement Officer(s) and the signature of the violator if the violator can be located. If the violator refuses or does not sign the citation, the lack of such signature shall in no way affect the validity of the citation and subsequent proceedings; and
(j) A statement advising the person or persons identified in the citation that they may appeal the issuance of the citation in accordance with Section 6-5.09 of this chapter. (Ord. 2002-02 (part), 2002)
6-5.07 Service of Notice of Abatement Citation.
(a) The first Notice of Abatement Citation, and all subsequently issued Abatement Citations, shall be served upon each owner by personal service on the owner(s); or by certified mail, addressed to each owner at the address shown at the last available assessment roll, or as otherwise known.
(b) Copies of said notice shall also be posted at the conspicuous places on the property. (Ord. 2002-02 (part), 2002)
6-5.08 Abatement work—Extension of time.
Upon receipt of a written request from any person required to comply with the first Notice of Abatement Citation, the Code Enforcement Officer(s) may grant an extension of time within which to complete the work or abatement if the Code Enforcement Officer(s) determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property and if such person has begun and is diligently accomplishing the work or abatement. The Code Enforcement Officer(s) shall have the authority to place reasonable conditions on such extensions. 6-5.09 Fines assessed.
(a) The City Council by resolution may establish the amount of the fine to be assessed by the Abatement Citations issued by Code Enforcement Officer(s). If the violator or property owner fails to correct the violation and maintain compliance with the first Notice of Abatement Citation for a period of twelve (12) months, subsequent citations may be issued for the same violation(s), in the same manner as provided for herein in regards to first Notice of Abatement Citations. The amount of the fine for each subsequent Abatement Citation issued in regards to the same violation, shall increase at a rate specified in the City Council resolution.
(b) Fines shall be made payable to the City and shall not excuse the failure to correct the violation nor shall it bar further enforcement by the City.
(c) The failure of any person to pay a fine assessed by the first Notice of Abatement Citation and/or any subsequently served Abatement Citation, may result in the assessment of an additional late fee to be charged. The amount of the late fee, if assessed, shall not exceed ten percent (10%) of the total amount of the fine owed. (d) The failure of any person to pay a fine assessed by the first Notice of Abatement Citation and/or any subsequent served Abatement Citation, within the time specified on the citation constitutes a debt to the City. To enforce the debt, the Code Enforcement Officer may file a claim with the small claims court; impose an assessment lien as set forth in Section 6-5.17; or pursue any other legal remedy to collect such money. (Ord. 2002-02 (part), 2002)
6-5.10 Appeal of Notice of Abatement Citation.
(a) Any person receiving a first Notice of Abatement Citation, and/or any subsequently issued Abatement Citation, may appeal the issuance of the citation to the Avenal Planning Commission. (b) The Notice of Appeal must be submitted in writing, must specify the basis for the appeal in detail, and must be filed with the City within ten (10) calendar days after the date on the Abatement Citation. If the deadline falls on a weekend April 13, 2023 Pg. 40
5 or City holiday, the deadline shall be extended until the next regular business day. The City will make available to the public that form set forth in Exhibit 2. A Notice of Appeal which substantially complies with the requirements of this section shall be accepted, despite it not being submitted on the City-approved form. (c) If the Notice of Appeal is filed in accordance with the provisions set forth herein in subsection (b) of this section, the enforcement of the violations identified in the Abatement Citation(s) and the requirement to pay any fine shall be stayed until the date that the appeal hearing is held by the Avernal Planning Commission; except that, if the Code Enforcement Officer(s) determines that the violation(s) identified in the citation(s) constitute an immediate threat to the health or safety of the occupant of the property or the public in general, the Code Enforcement Officer shall proceed with enforcement of the violations.
(d) As soon as practicable after receiving the written notice of appeal, the Avenal Planning Commission and/or its designated agent shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the party appealing the Abatement Citation(s) by any one of the following means:
(1) Personal service;
(2) First class mail and posting the notice of hearing conspicuously on or in front of the property on which the violation is located.
(e) The failure of any person with an interest in the property to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by normal delivery mail in the manner described above shall become effective on the date of mailing.
(f) Failure of any person to file an appeal in accordance with the provisions of this section shall constitute waiver of that person's rights to administrative determination of the merits of the Abatement Citation(s) and the amount of the fine. (g) The Planning Commission shall conduct an orderly proceeding and accept oral and written evidence regarding the Abatement Citation(s) in the following manner:
(1) The Director or the Code Enforcement Officer(s) shall present testimony and evidence relating to the violation and the appropriate means of correcting the violation.
(2) The owner, agent or person responsible for the violation may present testimony or evidence concerning the violation and the means and time for correction.
(h) The Planning Commission may sustain, modify or overrule the Abatement Citation. The decision of the Planning Commission regarding any appeal is the final administrative order and decision. (Ord. 2002-02 (part), 2002)
6-5.11 Performance of abatement—City authority.
If the violator and/or property owner fails to comply with the requirements of the Abatement Citation(s) within the time periods set forth therein, the work to be performed and/or the abatement of the nuisance may, in the discretion of the Code Enforcement Officer, be performed by the City or by a contractor retained by the City. (Ord. 2002-02 (part), 2002)
6-5.12 Entering property for abatement work.
The Code Enforcement Officer(s) or any employee, contractor or authorized representative of the City, may enter upon private property to abate the violation and/or nuisance in accordance with the provisions of this chapter. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City whenever such person is engaged in the work or abatement, or in performing any necessary act preliminary to or incidental to such work or abatement, as authorized or directed pursuant to this chapter. (Ord. 2002-02 (part), 2002)
April 13, 2023 Pg. 41
6 6-5.13 Summary abatement—Notice and costs.
Whenever the Code Enforcement Officer(s) determines that a violation or public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately corrected or isolated, the Code Enforcement Officer(s) may institute the following procedures:
(a) Notice. The Code Enforcement Officer(s) shall attempt to make contact through a personal interview, or by telephone, with the landowner or the person, if any, occupying or otherwise in apparent charge or control of the property. In the event contact is made, the Code Enforcement Officer(s) shall notify such person or persons of the danger involved and require that such condition be immediately resolved, removed, repaired, or isolated so as to preclude harm to any person or property.
(b) Abatement. In the event the Code Enforcement Officer(s) is unable to make contact as herein above noted, or if the appropriate persons, after notification by the Code Enforcement Officer(s), do not take action as specified by the Code Enforcement Officer(s), within twenty-four (24) hours or such lesser time as the circumstances may warrant in the discretion of the Code Enforcement Officer(s), then the Code Enforcement Officer(s) may, with the approval of the Public Works Director/Chief Code Enforcement Officer and/or the Community Development Director, take all steps deemed necessary to repair, remove or isolate such dangerous condition or conditions with the use of City forces or a contractor retained by the City. (c) Costs. The Code Enforcement Officer(s) shall keep an itemized statement of the work and abatement costs and administrative expenses incurred by the City in repairing, removing or isolating such condition or conditions.
Administrative expenses may be recovered in the same manner that work and abatement costs are recovered. (Ord. 2002-02 (part), 2002)
6-5.14 Administrative and abatement costs.
Whenever a violation or public nuisance is found to exist as a result of an inspection, that actual work and abatement costs and reasonable administrative expenses as determined by the Code Enforcement Officer(s) shall be paid by the property owner.
(Ord. 2002-02 (part), 2002)
6-5.15 Costs of abatement—Record keeping.
The Code Enforcement Officer(s) shall keep an itemized account of the expenses and costs incurred by the City in the work and abatement of any violation or public nuisance. Upon completion of the work and abatement, the Code Enforcement Officer(s) shall prepare a report specifying the work and abatement performed, the itemized costs of the work on the property, including direct and indirect costs, a description of the property, and the names and addresses of the persons entitled to service pursuant to Section 6-5.07 of this Chapter. Any such report may include expenses and costs on any number of properties, whether or not contiguous to each other. Each person named in the Abatement Citation(s) shall be jointly and severally liable for such work and abatement costs and administrative expenses, and the amount of such costs and expenses shall be a debt owed to the City. Such report shall be served upon the persons identified therein in accordance with Section 6-5.07, together with a demand that the amount identified therein be paid within thirty (30) days of receipt of the report. (Ord. 2002-02 (part), 2002)
6-5.16 Appeal of costs of abatement.
The written demand for payment identified in Section 6-5.15 shall advise the person or persons identified in the written demand that they may appeal the demand for payment and the calculation of the amounts identified in the Code Enforcement Officer's report within ten (10) days from the date of service of the written demand, which appeal must be made in accordance with the provisions of Section 6-5.10. The appeal shall be conducted in accordance with the provisions of Section 6-5.10.
(Ord. 2002-02 (part), 2002)
April 13, 2023 Pg. 42
7 6-5.17 Notice of lien.
(a) Notice of lien. If a violator fails to pay a fine within the time period identified on the administrative citation or should the violator fail to pay the costs of abatement within the time period identified in Section 6-5.15 or within ten (10) days after the date of the decision of the Planning Commission and/or hearing body, should the Planning Commission and/or hearing body affirm the collection of a fine or the costs of abatement, the Code Enforcement Officer(s) may execute and file in the office of the County Recorder a notice of lien of substantially that form set forth in Exhibit 3. (b) Recordation. Immediately upon the recording of the notice of lien, the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a parity with the lien of state and local taxes. (Ord. 2002-02 (part), 2002)
6-5.18 Confirmed assessment—Collection.
(a) Assessment book. The notice of lien, after recording, may be delivered to the tax assessor of Kings County, who shall enter the amount on the county assessment book opposite the description of the real property, and the amount shall be collected together will all other taxes levied thereon against the real property. (b) Collection. Thereafter, the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws of county taxes are made applicable to such assessment. The amount set forth in the notice of lien shall be returned to the City to the fund designated for code enforcement activities. (Ord. 2002-02 (part), 2002)
6-5.19 Remedies of private parties.
The provisions of this chapter shall not affect the rights of private parties to pursue any and all legal remedies. (Ord. 2002-02 (part), 2002)
6-5.20 Alternatives.
Nothing in this chapter shall prevent the City Council from requesting the City Attorney to commence a civil or criminal proceeding to abate a violation and/or public nuisance as an alternative to the proceedings set forth in this chapter. (Ord. 2002-02 (part), 2002)
6-5.21 Enforcement authority.
Enforcement of this chapter by the City may be accomplished by the Code Enforcement Officer(s) in any manner authorized by law. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating violations and/or public nuisances in any other manner provided by law.
(Ord. 2002-02 (part), 2002)
6-5.22 Violation—Penalty.
(a) Any person who removes any notice or order posted as required in this chapter without the consent of the City is guilty of an infraction.
(b) Any person who obstructs, impedes or interferes with any representative or contractor of the City or with any person who owns or holds any estate or interest in real property, buildings or premises which has been ordered to be vacated, April 13, 2023 Pg. 43
8 repaired, rehabilitated or demolished or brought into compliance with this chapter, when any of the aforementioned individuals are engaged in work involving the abatement, is guilty of an infraction. (Ord. 2002-02 (part), 2002)
6-5.23 Violation—Abatement.
(a) It is unlawful for a person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute an infraction which shall be punishable as set forth in Section 1-2.01 of this Code. (b) Each such person may be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
(Ord. 2002-02 (part), 2002)
6-5-24 Effective date.
(a) This chapter shall be effective March 28, 2002.
(b) If any section, subsection, sentence, clause, word or phrase of this chapter is held unconstitutional or otherwise invalid, such decision shall not affect the validity of the remainder of the chapter. The City Council hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, words, or phrases be declared invalid or unconstitutional.
(Ord. 2002-02 (part), 2002)
Below you will find Municipal Codes from City of Lemoore. 4-2-1: NOXIOUS WEEDS AND PLANTS PROHIBITED:
No owner of any lot, place or area within the City, or agent of such owners, shall permit on such lot, place or area, or upon any sidewalk or street abutting the same, any weeds, grass, rubbish, refuse, dirt, or deleterious, unhealthful growths, or other noxious matter that may be growing, lying or located thereon. 4-2-2: NUISANCE DECLARED BY RESOLUTION:
A. The City Council may declare by resolution as public nuisances, and abate:
1. All weeds growing upon the streets, sidewalks or private property in the City.
2. All rubbish, refuse and dirt upon parkways, sidewalks or private property in the City.
B. The resolution shall:
1. Refer to the street by its commonly known name.
2. Describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the official or City assessment map.
C. Any number of streets, sidewalks or parcels or private property may be included in one resolution. 4-2-3: WEEDS DEFINED:
Weeds, as used in this Chapter, includes any of the following:
A. Weeds which bear seeds of a downy or wingy nature.
April 13, 2023 Pg. 44
9 B. Sagebrush, chaparral and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property.
C. Weeds which are otherwise noxious or dangerous.
D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.
E. Dry grass, stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard.
4-2-4: ABATEMENT OF SEASONAL AND RECURRENT NUISANCES; NOTICE:
A. At the time it adopts the resolution as provided for or by Section 4-2-2, the City Council may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances.
B. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this Chapter; provided, that upon the second and any subsequent occurrences of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll.
C. The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the City authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed and that, upon confirmation, such cost will constitute a lien upon such parcel or lands until paid.
D. The notice required above shall, in addition to containing all other required matters, state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds, weed seeds, and weed seedlings and that the City may require preventive chemical control of such nuisance.
E. In the event the City is once required to abate such nuisance, the City may, in addition, before and during the next following germinating season of such weeds, provide for the preventative abatement of such nuisance by using chemical control of such weeds.
4-2-5: POSTING NOTICE ON PROPERTY:
After passage of the resolution, the Superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He shall post:
A. One notice to each separately owned parcel of property of not over fifty feet (50') frontage.
B. Not more than two (2) notices to any such parcel of one hundred feet (100') frontage or less.
C. Notices at not more than one hundred feet (100') apart if the frontage of such parcel is greater than one hundred feet (100').
The notices shall be posted at least five (5) days prior to the time for hearing objections by the City Council. 4-2-6: NOTICE FORM:
The notice described in Section 4-2-5 shall be in substantially the following form:
NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE AND DIRT Notice is hereby given that on the day of , 19 , the City Council of the City of Lemoore passed a resolution declaring that noxious or dangerous weeds are growing upon or in front of the property on this April 13, 2023 Pg. 45
10 street, and that rubbish, refuse, and dirt are upon or in front of property on this street, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse and dirt. Otherwise they will be removed and the nuisance abated by the City and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk.
All property owners having any objections to the proposed removal of the weeds, rubbish, refuse and dirt are hereby notified to attend a meeting of the City Council of the City of Lemoore to be held of 19 , when their objections will be heard and given due consideration. 4-2-7: WRITTEN NOTICE OF ABATEMENT:
A. As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council may direct the City Clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The City Clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council.
B. The County Assessor, at the request of the City Clerk, shall, within ten (10) days thereafter, mail to the City Clerk a list of the names and addresses of all of the persons owning property described in the resolution. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. The City shall reimburse the County for the actual cost of furnishing such list and the cost shall be a part of the costs of abatement.
C. The notices mailed by the City Clerk shall be mailed at least five (5) days prior to the time for hearing objections by the City Council, and said notices shall be substantially in the form provided by Section 4-2- 6 except that notices shall be signed by the City Clerk. 4-2-8: HEARING ON OBJECTIONS:
A. At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse and dirt. It may continue the hearing from time to time.
B. By motion or resolution at the conclusion of the hearing, the City Council shall allow or overrule any objections. Upon the passage of the motion or on adoption of the resolution, the City Council acquires jurisdiction to proceed and perform the work of removal.
C. The decision of the City Council is final.
4-2-9: ABATEMENT BY SUPERINTENDENT:
A. If objections have not been made or after the City Council has disposed of those made, it shall order the Superintendent to abate the nuisance by having the weeds, rubbish, refuse and dirt removed. The order shall be made by motion or resolution.
B. The Superintendent may enter upon private property to abate the nuisance.
C. Before the Superintendent arrives, any property owner may remove the weeds, rubbish, refuse and dirt at his own expense. Nevertheless, in any case in which an order to abate is issued, the City Council, by motion or resolution, may further order that a special assessment and lien be imposed pursuant to subsection 4-2-12A. In that case, the assessment and lien shall be limited to the costs incurred by the City in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs. 4-2-10: ACCOUNTING OF ABATEMENT COST, REPORT:
April 13, 2023 Pg. 46
11 A. The Superintendent shall keep an account of the costs of abatement in front of or on each separate parcel of land where the work is done by him. He shall submit to the City Council for confirmation an itemized written report showing such cost.
B. A copy of the report shall be posted for at least three (3) days prior to its submission to the City Council on or near the location for the posting of the agenda for any meeting of the Council, with a notice of the time of submission of the report to the Council.
C. At the time fixed for receiving and considering the report, the City Council shall hear the report with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution. 4-2-11: ABATEMENT BY CONTRACTOR:
Abatement of the nuisance may, in the discretion of the City Council, be performed by contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder pursuant to the Government Code of the State of California. In such event, the contractor shall keep the account and submit the itemized written report for such separate parcel of land.
4-2-12: ASSESSMENT AND LIEN FOR ABATEMENT COSTS:
A. The cost of abatement in front of or upon each parcel of land and the costs incurred by the City in enforcing abatement upon the parcels, including investigations, boundary determination, measurement, clerical and other related costs, constitutes a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the County Recorder of Kings County, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes as imposed by subsection B would become delinquent, then the lien which would otherwise be imposed by this Section shall not attach to such real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to such property shall be transferred to the unsecured roll for collection.
B. Except as provided in subsection A, after confirmation of the report, a copy shall be delivered to the County Assessor and the Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel.
C. Except as provided in subsection A, if the County Assessor and the Tax Collector assess property and collect taxes for the City, a certified copy of the report shall be filed with the County Auditor on or before August 10 of each year. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year.
D. The County Auditor shall enter each assessment on the County tax roll opposite the parcel of land.
E. The lien of said assessment shall have the priority of the taxes with which it is collected. 4-2-13: COLLECTION OF ASSESSMENT COSTS:
A. The amount of the assessment shall be collected at the time and in the manner of other assessments and taxes. If delinquent, the amounts shall be subject to the same penalties and procedure of foreclosure and sale provided for ordinary assessments and taxes.
B. As an alternative method, the County Tax Collector, in his discretion, may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments.
C. The Superintendent may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy is given to the County Assessor and April 13, 2023 Pg. 47
12 Tax Collector, or where a certified copy is filed with the County Auditor, until August 1 following the confirmation of the report.
Respectfully
Lupe Chavez
Sr. Code Enforcement Officer
April 13, 2023 Pg. 48
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: March 1, 2023 to March 31, 2023
Total dogs 60
RETURNED TO OWNER 6
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 1
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 31
DOGS RESCUED 22
DOG BITE(S) 1
CITATIONS 0
COMPLAINTS 12
DOOR HANGERS 6
CATS DETAINED 5
EUTHANIZED 1
RESCUED 2
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 2
Cats 3
Other Animals Deceased 0
Animal Control Activity Report
City Of Avenal
Animal Control Activity Report
April 1, 2023
April 13, 2023 Pg. 49
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: March 1, 2023 to March 31, 2023
Total Dogs 41
RETURNED TO OWNER 1
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 0
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 24
DOGS RESCUED 16
DOG BITE(S) 2
CITATIONS 0
CATS DETAINED 7
EUTHANIZED 0
RESCUED 5
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 8
Cats 16
Other Animals Deceased 0
Animal Control Activity Report
City Of Corcoran
Animal Control Activity Report
April 1, 2023
April 13, 2023 Pg. 50
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 7- A.2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: April 7th, 2023
RE: Information Technology Monthly Report March Report 2023 CURRENT PROJECTS:
Internet:
AT&T FirstNet’s 30-day demo results showed stability at both Public Works and Water Treatment. The provided demo hotspot was unable to receive service from the Waste Water Plant. Weather conditions prevent Public Works from installing the 60ghz antennas to beam connection to the Public Works Yard. Public Works pulls a fiber line from the RSUSD District Office to the Recreation Center. Awaiting RSUSD IT to terminate the fiber line pulled to reenable internet at the site. Veterans Hall internet has been migrated from AT&T DSL to Spectrum.
Phone System: AT&T CALNET mentions our current CALNET 3 contract expires at the end of 2023. Exceeding the expiration date puts the City on tariff pricing which is substantially higher than our current rates. Staff works on converting the last of our alarms and fax systems to no longer rely on depreciating POTS services. Staff assists in correcting the Avenal Hospital District’s phone system.
Emails: On hold until support reaches back out with a solution.
Server:
-Regular Security Maintenance and policy adjustments to aid in workflow as needed Clerk Software: Awaiting time to schedule training
Other:
-Deploys a configuration profile for City-owned smartphones designed to prevent activation locks, jailbreaking, allow for remote locking in the event of misplacement or unauthorized use, and remote deployment of work-related applications without the need of an Apple ID. -Converted ADT’s POTS-based alarm system over to their mobile-based offering. -Repairs camera system at Veterans Hall
-Uses Veteran’s Hall RFID fob entry configuration to repair City Hall’s fob entry system. -Continues to work with KCAG to allow regular remote viewing and participation of their monthly meetings
-Continues to maintain the city website and provide tech support across all facilities. - Attends Kings County Multi-Jurisdictional Hazard Mitigation Plan with other department heads.
-Attends meeting w/ Kings County Behavior Health regarding digital signage around the City.
April 13, 2023 Pg. 51
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: April 13, 2023
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. By extending the emergency declaration, USBR and the community are reminded that the City takes water conservation and the drought seriously and taking all possible measures to curb water waste.
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.
As of March, the Bureau announced that most South of the Delta water systems would receive 75% of its historic allocation. For Avenal that is roughly 1,860 ac. ft. of 2,480 historical. This is 540 short of the complete historical allocation, but Staff believes the City will need to request at least 300 ac. ft. extra to meet this year’s needs. The City also has Section 215 Water to count on, although how much will be made available is unknown at this time.
RECOMMENDATION:
Discussion/Action.
FISCAL IMPACT:
None.
April 13, 2023 Pg. 52
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. A
TO: The Honorable Mayor and City Council
FROM: Griselda Price, Director of Administrative Services DATE: April 13, 2023
RE: Consider Review and Update of City Salary Schedule for Classified Staff INFORMATION:
The California Code of Regulations (CCR) Section 570.5 and amendments to 571(b) require a consolidated Salary Schedule which shows all City classifications and salary ranges for purposes of determining eligible salary compensation for retirement be publicly available. The consolidated salary schedule must be adopted by the City Council even though compensation changes are typically approved via a Memorandum of Understanding and/or employee salary and benefit Resolutions.
The attachment to Resolution 2023-20 represents the Amended City Salary Schedule including wage increases for approval.
Since 2017, California has implemented scheduled increases to the minimum wage. The final increase for employers with twenty-six (26) or more employees based on this schedule was effective January 1, 2022, increasing the minimum wage to $15.00 per hour. Up to this year, all City positions were just above $15.00 minimum wage threshold. However, due to inflation, the new law automatically implemented a .50¢ increase starting January 1, 2023, which places Ranges A - C.5 out of compliance.
Historically, since Esther Strong was the Administrative Analyst, the City would accordingly focus on bump up those ranges as minimum wage was raised. Currently no employee is being paid below minimum wage.
As Council is aware, Staff does intend to conduct a salary comparison analysis in order to ensure City wage offerings are competitive with similar and neighboring jurisdictions.
RECOMMENDATION:
By Resolution, adopt the amended City of Avenal Salary Schedule for Classified Staff for FY 2022-2023.
FISCAL IMPACT:
While the increase in minimum wage will increase the pay rate for classified, hourly, employees effective January 1, 2022. Minimum wage for the FY 2022/23 increases had budgeted part time salaries and already benefits.
April 13, 2023 Pg. 53
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 THE COMPREHENSIVE
SALARY SCHEDULE TO MEET THE
CALIFORNIA CODE OF
REGULATIONS TITLE 2, SECTION
570.5 AND 571, AND MIMIUM WAGE,
TO REFLECT APPROVED RATES FOR
ALL CLASSIFIED EMPLOYEES OF
THE CITY OF AVENAL.
RESOLUTION 2023-20
WHEREAS, the City Council has the authority to create, classify and design salary scales/ranges for all City of Avenal employee positions; and WHEREAS, California Code of Regulation (CCR) Title 2, Section 570.5 and amendment to CCR Section 571 requires a consolidated Salary Schedule that is publicly available showing all City classifications and salary ranges; and WHEREAS, on January 1, 2023, the California minimum wage was raised to $15.50; and
WHEREAS, the City Council wishes to meet the requirements of these regulations and new minimum wage standards by adopting a Salary Schedule, which sets forth the salary scales/ranges for all City of Avenal classified hourly employees; and WHEREAS, the City Council wishes to amend the Citywide Salary Schedule for Fiscal Year 2022-23, which sets forth the salary scales/ranges for all City of Avenal full and part time employee classifications; and
WHEREAS, Exhibit A includes the Citywide Salary Schedule with the addition of the new classification of Community Services Officer, Building Inspector, Finance Manager, Human Resources Assistant, and all other relevant positions.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL SPECIAL MEETING HELD ON April 13 , 2023, BY THE FOLLOWING VOTE:
April 13, 2023 Pg. 54
2 of 2
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found the Recitals above to be true and correct;
2. Effective January 1, 2023, compensation ranges for full and part time positions of the City of Avenal will be assigned ranges from Salary Schedule A – C.5 as indicated in Exhibit 1, attached hereto and incorporated herein.
3. This resolution shall supersede any and all prior resolutions setting compensation ranges for part time positions, which shall be of no further force and effect as of the effective date of this resolution.
4. Authorized the City Manager and relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
April 13, 2023 Pg. 55
Range Monthly/Hourly Step 1 Step 1.25 Step 1.5 Step 1.75 Step 2 Step 2.25 Step 2.5 Step 2.75 Step 3 Step 3.25 Step 3.5 Step 3.75 Step 4 Step 4.25 Step 4.5 Step 4.75 Step 5 Step 1 Annual Step 3 Annual Step 5 Annual A Temp Rec Asst. $ 2,686.67 $ 2,720.25 $ 2,753.84 $ 2,788.26 $ 2,821.00 $ 2,856.27 $ 2,891.53 $ 2,927.67 $ 2,962.05 $ 2,999.08 $ 3,036.11 $ 3,074.06 $ 3,110.16 $ 3,149.03 $ 3,187.91 $ 3,227.76 $ 3,265.66 $ 15.50 $ 15.69 $ 15.89 $ 16.09 $ 16.28 $ 16.48 $ 16.68 $ 16.89 $ 17.09 $ 17.30 $ 17.52 $ 17.73 $ 17.94 $ 18.17 $ 18.39 $ 18.62 $ 18.84 B ANIMAL CONTROL I $ 2,821.87 $ 2,857.14 $ 2,892.42 $ 2,928.57 $ 2,962.96 $ 3,000.00 $ 3,037.04 $ 3,075.00 $ 3,111.11 $ 3,150.00 $ 3,188.89 $ 3,228.75 $ 3,266.67 $ 3,307.50 $ 3,348.33 $ 3,390.19 $ 3,430.00 $ 33,862.44 $ 37,333.34 $ 41,160.01 $ 16.28 $ 16.48 $ 16.69 $ 16.90 $ 17.09 $ 17.31 $ 17.52 $ 17.74 $ 17.95 $ 18.17 $ 18.40 $ 18.63 $ 18.85 $ 19.08 $ 19.32 $ 19.56 $ 19.79 B COMMUNITY SERVICE OFFICER (CSO) $ 2,821.87 $ 2,857.14 $ 2,892.42 $ 2,928.57 $ 2,962.96 $ 3,000.00 $ 3,037.04 $ 3,075.00 $ 3,111.11 $ 3,150.00 $ 3,188.89 $ 3,228.75 $ 3,266.67 $ 3,307.50 $ 3,348.33 $ 3,390.19 $ 3,430.00 $ 33,862.44 $ 37,333.34 $ 41,160.01 $ 16.28 $ 16.48 $ 16.69 $ 16.90 $ 17.09 $ 17.31 $ 17.52 $ 17.74 $ 17.95 $ 18.17 $ 18.40 $ 18.63 $ 18.85 $ 19.08 $ 19.32 $ 19.56 $ 19.79 B CUSTODIAN $ 2,821.87 $ 2,857.14 $ 2,892.42 $ 2,928.57 $ 2,962.96 $ 3,000.00 $ 3,037.04 $ 3,075.00 $ 3,111.11 $ 3,150.00 $ 3,188.89 $ 3,228.75 $ 3,266.67 $ 3,307.50 $ 3,348.33 $ 3,390.19 $ 3,430.00 $ 33,862.44 $ 37,333.34 $ 41,160.01 $ 16.28 $ 16.48 $ 16.69 $ 16.90 $ 17.09 $ 17.31 $ 17.52 $ 17.74 $ 17.95 $ 18.17 $ 18.40 $ 18.63 $ 18.85 $ 19.08 $ 19.32 $ 19.56 $ 19.79 B FARMER'S MARKET MANGAGER $ 2,821.87 $ 2,857.14 $ 2,892.42 $ 2,928.57 $ 2,962.96 $ 3,000.00 $ 3,037.04 $ 3,075.00 $ 3,111.11 $ 3,150.00 $ 3,188.89 $ 3,228.75 $ 3,266.67 $ 3,307.50 $ 3,348.33 $ 3,390.19 $ 3,430.00 $ 33,862.44 $ 37,333.34 $ 41,160.01 $ 16.28 $ 16.48 $ 16.69 $ 16.90 $ 17.09 $ 17.31 $ 17.52 $ 17.74 $ 17.95 $ 18.17 $ 18.40 $ 18.63 $ 18.85 $ 19.08 $ 19.32 $ 19.56 $ 19.79 B LANDSCAPER $ 2,821.87 $ 2,857.14 $ 2,892.42 $ 2,928.57 $ 2,962.96 $ 3,000.00 $ 3,037.04 $ 3,075.00 $ 3,111.11 $ 3,150.00 $ 3,188.89 $ 3,228.75 $ 3,266.67 $ 3,307.50 $ 3,348.33 $ 3,390.19 $ 3,430.00 $ 33,862.44 $ 37,333.34 $ 41,160.01 $ 16.28 $ 16.48 $ 16.69 $ 16.90 $ 17.09 $ 17.31 $ 17.52 $ 17.74 $ 17.95 $ 18.17 $ 18.40 $ 18.63 $ 18.85 $ 19.08 $ 19.32 $ 19.56 $ 19.79 B RECREATION LEADER $ 2,821.87 $ 2,857.14 $ 2,892.42 $ 2,928.57 $ 2,962.96 $ 3,000.00 $ 3,037.04 $ 3,075.00 $ 3,111.11 $ 3,150.00 $ 3,188.89 $ 3,228.75 $ 3,266.67 $ 3,307.50 $ 3,348.33 $ 3,390.19 $ 3,430.00 $ 33,862.44 $ 37,333.34 $ 41,160.01 $ 16.28 $ 16.48 $ 16.69 $ 16.90 $ 17.09 $ 17.31 $ 17.52 $ 17.74 $ 17.95 $ 18.17 $ 18.40 $ 18.63 $ 18.85 $ 19.08 $ 19.32 $ 19.56 $ 19.79 B.5 PUBLIC WORKS ENTRY LEVEL $ 2,938.00 $ 2,974.73 $ 3,011.45 $ 3,049.09 $ 3,084.90 $ 3,123.46 $ 3,162.02 $ 3,201.55 $ 3,239.15 $ 3,279.63 $ 3,320.12 $ 3,361.63 $ 3,401.10 $ 3,443.62 $ 3,486.13 $ 3,529.71 $ 3,571.16 $ 35,256.00 $ 38,869.74 $ 42,853.89 $ 16.95 $ 17.16 $ 17.37 $ 17.59 $ 17.80 $ 18.02 $ 18.24 $ 18.47 $ 18.69 $ 18.92 $ 19.15 $ 19.39 $ 19.62 $ 19.87 $ 20.11 $ 20.36 $ 20.60 C CUSTOMER SERVICE REPRESENTATIVE $ 3,012.53 $ 3,050.19 $ 3,087.84 $ 3,126.44 $ 3,163.16 $ 3,202.70 $ 3,242.24 $ 3,282.76 $ 3,321.31 $ 3,362.83 $ 3,404.35 $ 3,446.90 $ 3,487.38 $ 3,530.97 $ 3,574.56 $ 3,619.25 $ 3,661.75 $ 36,150.36 $ 39,855.77 $ 43,940.99 $ 17.38 $ 17.60 $ 17.81 $ 18.04 $ 18.25 $ 18.48 $ 18.71 $ 18.94 $ 19.16 $ 19.40 $ 19.64 $ 19.89 $ 20.12 $ 20.37 $ 20.62 $ 20.88 $ 21.13 C IT MANAGER $ 3,012.53 $ 3,050.19 $ 3,087.84 $ 3,126.44 $ 3,163.16 $ 3,202.70 $ 3,242.24 $ 3,282.76 $ 3,321.31 $ 3,362.83 $ 3,404.35 $ 3,446.90 $ 3,487.38 $ 3,530.97 $ 3,574.56 $ 3,619.25 $ 3,661.75 $ 36,150.36 $ 39,855.77 $ 43,940.99 $ 17.38 $ 17.60 $ 17.81 $ 18.04 $ 18.25 $ 18.48 $ 18.71 $ 18.94 $ 19.16 $ 19.40 $ 19.64 $ 19.89 $ 20.12 $ 20.37 $ 20.62 $ 20.88 $ 21.13 C PUBLIC WORKS MAINTENANCE $ 3,012.53 $ 3,050.19 $ 3,087.84 $ 3,126.44 $ 3,163.16 $ 3,202.70 $ 3,242.24 $ 3,282.76 $ 3,321.31 $ 3,362.83 $ 3,404.35 $ 3,446.90 $ 3,487.38 $ 3,530.97 $ 3,574.56 $ 3,619.25 $ 3,661.75 $ 36,150.36 $ 39,855.77 $ 43,940.99 $ 17.38 $ 17.60 $ 17.81 $ 18.04 $ 18.25 $ 18.48 $ 18.71 $ 18.94 $ 19.16 $ 19.40 $ 19.64 $ 19.89 $ 20.12 $ 20.37 $ 20.62 $ 20.88 $ 21.13 C RECORDS CLERK $ 3,012.53 $ 3,050.19 $ 3,087.84 $ 3,126.44 $ 3,163.16 $ 3,202.70 $ 3,242.24 $ 3,282.76 $ 3,321.31 $ 3,362.83 $ 3,404.35 $ 3,446.90 $ 3,487.38 $ 3,530.97 $ 3,574.56 $ 3,619.25 $ 3,661.75 $ 36,150.36 $ 39,855.77 $ 43,940.99 $ 17.38 $ 17.60 $ 17.81 $ 18.04 $ 18.25 $ 18.48 $ 18.71 $ 18.94 $ 19.16 $ 19.40 $ 19.64 $ 19.89 $ 20.12 $ 20.37 $ 20.62 $ 20.88 $ 21.13 C SENIOR RECREATION CLERK $ 3,012.53 $ 3,050.19 $ 3,087.84 $ 3,126.44 $ 3,163.16 $ 3,202.70 $ 3,242.24 $ 3,282.76 $ 3,321.31 $ 3,362.83 $ 3,404.35 $ 3,446.90 $ 3,487.38 $ 3,530.97 $ 3,574.56 $ 3,619.25 $ 3,661.75 $ 36,150.36 $ 39,855.77 $ 43,940.99 $ 17.38 $ 17.60 $ 17.81 $ 18.04 $ 18.25 $ 18.48 $ 18.71 $ 18.94 $ 19.16 $ 19.40 $ 19.64 $ 19.89 $ 20.12 $ 20.37 $ 20.62 $ 20.88 $ 21.13 C.5 CODE ENF/WATER CONS. $ 3,102.67 $ 3,141.45 $ 3,180.24 $ 3,219.99 $ 3,257.80 $ 3,298.53 $ 3,339.25 $ 3,380.99 $ 3,420.69 $ 3,463.45 $ 3,506.21 $ 3,550.04 $ 3,591.73 $ 3,636.62 $ 3,681.52 $ 3,727.54 $ 3,771.31 $ 37,232.04 $ 41,048.32 $ 45,255.78 USETED TO HERE/INCREASED 3% $ 17.90 $ 18.12 $ 18.35 $ 18.58 $ 18.80 $ 19.03 $ 19.26 $ 19.51 $ 19.73 $ 19.98 $ 20.23 $ 20.48 $ 20.72 $ 20.98 $ 21.24 $ 21.51 $ 21.76 D ANIMAL CONTROL II $ 3,239.30 $ 3,279.79 $ 3,320.28 $ 3,361.79 $ 3,401.27 $ 3,443.78 $ 3,486.30 $ 3,529.88 $ 3,571.33 $ 3,615.97 $ 3,660.61 $ 3,706.37 $ 3,749.89 $ 3,796.77 $ 3,843.64 $ 3,891.69 $ 3,937.39 $ 38,871.60 $ 42,855.94 $ 47,248.67 $ 18.69 $ 18.92 $ 19.16 $ 19.39 $ 19.62 $ 19.87 $ 20.11 $ 20.36 $ 20.60 $ 20.86 $ 21.12 $ 21.38 $ 21.63 $ 21.90 $ 22.17 $ 22.45 $ 22.72 D COMMUNITY DEVELOPMENT ASSISTANT $ 3,239.30 $ 3,279.79 $ 3,320.28 $ 3,361.79 $ 3,401.27 $ 3,443.78 $ 3,486.30 $ 3,529.88 $ 3,571.33 $ 3,615.97 $ 3,660.61 $ 3,706.37 $ 3,749.89 $ 3,796.77 $ 3,843.64 $ 3,891.69 $ 3,937.39 $ 38,871.60 $ 42,855.94 $ 47,248.67 $ 18.69 $ 18.92 $ 19.16 $ 19.39 $ 19.62 $ 19.87 $ 20.11 $ 20.36 $ 20.60 $ 20.86 $ 21.12 $ 21.38 $ 21.63 $ 21.90 $ 22.17 $ 22.45 $ 22.72 D FINANCE ASSISTANT $ 3,239.30 $ 3,279.79 $ 3,320.28 $ 3,361.79 $ 3,401.27 $ 3,443.78 $ 3,486.30 $ 3,529.88 $ 3,571.33 $ 3,615.97 $ 3,660.61 $ 3,706.37 $ 3,749.89 $ 3,796.77 $ 3,843.64 $ 3,891.69 $ 3,937.39 $ 38,871.60 $ 42,855.94 $ 47,248.67 $ 18.69 $ 18.92 $ 19.16 $ 19.39 $ 19.62 $ 19.87 $ 20.11 $ 20.36 $ 20.60 $ 20.86 $ 21.12 $ 21.38 $ 21.63 $ 21.90 $ 22.17 $ 22.45 $ 22.72 D MECHANIC $ 3,239.30 $ 3,279.79 $ 3,320.28 $ 3,361.79 $ 3,401.27 $ 3,443.78 $ 3,486.30 $ 3,529.88 $ 3,571.33 $ 3,615.97 $ 3,660.61 $ 3,706.37 $ 3,749.89 $ 3,796.77 $ 3,843.64 $ 3,891.69 $ 3,937.39 $ 38,871.60 $ 42,855.94 $ 47,248.67 $ 18.69 $ 18.92 $ 19.16 $ 19.39 $ 19.62 $ 19.87 $ 20.11 $ 20.36 $ 20.60 $ 20.86 $ 21.12 $ 21.38 $ 21.63 $ 21.90 $ 22.17 $ 22.45 $ 22.72 E ADMINISTRATIVE ASSISTANT $ 3,376.20 $ 3,418.40 $ 3,460.61 $ 3,503.86 $ 3,545.01 $ 3,589.32 $ 3,633.64 $ 3,679.06 $ 3,722.26 $ 3,768.79 $ 3,815.32 $ 3,863.01 $ 3,908.37 $ 3,957.23 $ 4,006.08 $ 4,056.16 $ 4,103.79 $ 40,514.40 $ 44,667.13 $ 49,245.51 $ 19.48 $ 19.72 $ 19.97 $ 20.21 $ 20.45 $ 20.71 $ 20.96 $ 21.23 $ 21.47 $ 21.74 $ 22.01 $ 22.29 $ 22.55 $ 22.83 $ 23.11 $ 23.40 $ 23.68 E ASSOCIATE PLANNER $ 3,376.20 $ 3,418.40 $ 3,460.61 $ 3,503.86 $ 3,545.01 $ 3,589.32 $ 3,633.64 $ 3,679.06 $ 3,722.26 $ 3,768.79 $ 3,815.32 $ 3,863.01 $ 3,908.37 $ 3,957.23 $ 4,006.08 $ 4,056.16 $ 4,103.79 $ 40,514.40 $ 44,667.13 $ 49,245.51 $ 19.48 $ 19.72 $ 19.97 $ 20.21 $ 20.45 $ 20.71 $ 20.96 $ 21.23 $ 21.47 $ 21.74 $ 22.01 $ 22.29 $ 22.55 $ 22.83 $ 23.11 $ 23.40 $ 23.68 E BUILIDING INSPECTOR $ 3,376.20 $ 3,418.40 $ 3,460.61 $ 3,503.86 $ 3,545.01 $ 3,589.32 $ 3,633.64 $ 3,679.06 $ 3,722.26 $ 3,768.79 $ 3,815.32 $ 3,863.01 $ 3,908.37 $ 3,957.23 $ 4,006.08 $ 4,056.16 $ 4,103.79 $ 40,514.40 $ 44,667.13 $ 49,245.51 $ 19.48 $ 19.72 $ 19.97 $ 20.21 $ 20.45 $ 20.71 $ 20.96 $ 21.23 $ 21.47 $ 21.74 $ 22.01 $ 22.29 $ 22.55 $ 22.83 $ 23.11 $ 23.40 $ 23.68 E CITY CLERK $ 3,376.20 $ 3,418.40 $ 3,460.61 $ 3,503.86 $ 3,545.01 $ 3,589.32 $ 3,633.64 $ 3,679.06 $ 3,722.26 $ 3,768.79 $ 3,815.32 $ 3,863.01 $ 3,908.37 $ 3,957.23 $ 4,006.08 $ 4,056.16 $ 4,103.79 $ 40,514.40 $ 44,667.13 $ 49,245.51 $ 19.48 $ 19.72 $ 19.97 $ 20.21 $ 20.45 $ 20.71 $ 20.96 $ 21.23 $ 21.47 $ 21.74 $ 22.01 $ 22.29 $ 22.55 $ 22.83 $ 23.11 $ 23.40 $ 23.68 E OFFICE MANAGER $ 3,376.20 $ 3,418.40 $ 3,460.61 $ 3,503.86 $ 3,545.01 $ 3,589.32 $ 3,633.64 $ 3,679.06 $ 3,722.26 $ 3,768.79 $ 3,815.32 $ 3,863.01 $ 3,908.37 $ 3,957.23 $ 4,006.08 $ 4,056.16 $ 4,103.79 $ 40,514.40 $ 44,667.13 $ 49,245.51 $ 19.48 $ 19.72 $ 19.97 $ 20.21 $ 20.45 $ 20.71 $ 20.96 $ 21.23 $ 21.47 $ 21.74 $ 22.01 $ 22.29 $ 22.55 $ 22.83 $ 23.11 $ 23.40 $ 23.68 E RECREATION SUPERVISOR $ 3,376.20 $ 3,418.40 $ 3,460.61 $ 3,503.86 $ 3,545.01 $ 3,589.32 $ 3,633.64 $ 3,679.06 $ 3,722.26 $ 3,768.79 $ 3,815.32 $ 3,863.01 $ 3,908.37 $ 3,957.23 $ 4,006.08 $ 4,056.16 $ 4,103.79 $ 40,514.40 $ 44,667.13 $ 49,245.51 $ 19.48 $ 19.72 $ 19.97 $ 20.21 $ 20.45 $ 20.71 $ 20.96 $ 21.23 $ 21.47 $ 21.74 $ 22.01 $ 22.29 $ 22.55 $ 22.83 $ 23.11 $ 23.40 $ 23.68 E SENIOR CODE ENFORECEMENT $ 3,376.20 $ 3,418.40 $ 3,460.61 $ 3,503.86 $ 3,545.01 $ 3,589.32 $ 3,633.64 $ 3,679.06 $ 3,722.26 $ 3,768.79 $ 3,815.32 $ 3,863.01 $ 3,908.37 $ 3,957.23 $ 4,006.08 $ 4,056.16 $ 4,103.79 $ 40,514.40 $ 44,667.13 $ 49,245.51 $ 19.48 $ 19.72 $ 19.97 $ 20.21 $ 20.45 $ 20.71 $ 20.96 $ 21.23 $ 21.47 $ 21.74 $ 22.01 $ 22.29 $ 22.55 $ 22.83 $ 23.11 $ 23.40 $ 23.68 F POLICE OFFICER TRAINEE $ 3,640.64 $ 3,686.15 $ 3,731.66 $ 3,778.30 $ 3,822.67 $ 3,870.46 $ 3,918.24 $ 3,967.22 $ 4,013.81 $ 4,063.98 $ 4,114.15 $ 4,165.58 $ 4,214.50 $ 4,267.18 $ 4,319.86 $ 4,373.86 $ 4,425.22 $ 43,687.68 $ 48,165.67 $ 53,102.65 $ 21.00 $ 21.27 $ 21.53 $ 21.80 $ 22.05 $ 22.33 $ 22.61 $ 22.89 $ 23.16 $ 23.45 $ 23.74 $ 24.03 $ 24.31 $ 24.62 $ 24.92 $ 25.23 $ 25.53 F.5 ACTING OPERATORS $ 3,806.27 $ 3,853.85 $ 3,901.43 $ 3,950.19 $ 3,996.58 $ 4,046.54 $ 4,096.50 $ 4,147.70 $ 4,196.41 $ 4,248.87 $ 4,301.32 $ 4,355.09 $ 4,406.23 $ 4,461.31 $ 4,516.39 $ 4,572.84 $ 4,626.54 $ 45,675.24 $ 50,356.95 $ 55,518.54 $ 21.96 $ 22.23 $ 22.51 $ 22.79 $ 23.06 $ 23.35 $ 23.63 $ 23.93 $ 24.21 $ 24.51 $ 24.82 $ 25.13 $ 25.42 $ 25.74 $ 26.06 $ 26.38 $ 26.69 F.5 HUMAN RESOURCES & RISK MANGEMENT $ 3,806.27 $ 3,853.85 $ 3,901.43 $ 3,950.19 $ 3,996.58 $ 4,046.54 $ 4,096.50 $ 4,147.70 $ 4,196.41 $ 4,248.87 $ 4,301.32 $ 4,355.09 $ 4,406.23 $ 4,461.31 $ 4,516.39 $ 4,572.84 $ 4,626.54 $ 45,675.24 $ 50,356.95 $ 55,518.54 ASSISTANT $ 21.96 $ 22.23 $ 22.51 $ 22.79 $ 23.06 $ 23.35 $ 23.63 $ 23.93 $ 24.21 $ 24.51 $ 24.82 $ 25.13 $ 25.42 $ 25.74 $ 26.06 $ 26.38 $ 26.69 F.5 PUBLIC WORK CREW LEADER $ 3,806.27 $ 3,853.85 $ 3,901.43 $ 3,950.19 $ 3,996.58 $ 4,046.54 $ 4,096.50 $ 4,147.70 $ 4,196.41 $ 4,248.87 $ 4,301.32 $ 4,355.09 $ 4,406.23 $ 4,461.31 $ 4,516.39 $ 4,572.84 $ 4,626.54 $ 45,675.24 $ 50,356.95 $ 55,518.54 $ 21.96 $ 22.23 $ 22.51 $ 22.79 $ 23.06 $ 23.35 $ 23.63 $ 23.93 $ 24.21 $ 24.51 $ 24.82 $ 25.13 $ 25.42 $ 25.74 $ 26.06 $ 26.38 $ 26.69 G POLICE OFFICER I $ 4,257.67 $ 4,310.89 $ 4,364.12 $ 4,418.67 $ 4,470.56 $ 4,526.44 $ 4,582.32 $ 4,639.60 $ 4,694.09 $ 4,752.76 $ 4,811.44 $ 4,871.58 $ 4,928.79 $ 4,990.40 $ 5,052.01 $ 5,115.16 $ 5,175.23 $ 51,092.09 $ 56,329.02 $ 62,102.75 $ 24.56 $ 24.87 $ 25.18 $ 25.49 $ 25.79 $ 26.11 $ 26.44 $ 26.77 $ 27.08 $ 27.42 $ 27.76 $ 28.11 $ 28.44 $ 28.79 $ 29.15 $ 29.51 $ 29.86 G UTILITIES OPERATORS $ 4,257.67 $ 4,310.89 $ 4,364.12 $ 4,418.67 $ 4,470.56 $ 4,526.44 $ 4,582.32 $ 4,639.60 $ 4,694.09 $ 4,752.76 $ 4,811.44 $ 4,871.58 $ 4,928.79 $ 4,990.40 $ 5,052.01 $ 5,115.16 $ 5,175.23 $ 51,092.09 $ 56,329.02 $ 62,102.75 $ 24.56 $ 24.87 $ 25.18 $ 25.49 $ 25.79 $ 26.11 $ 26.44 $ 26.77 $ 27.08 $ 27.42 $ 27.76 $ 28.11 $ 28.44 $ 28.79 $ 29.15 $ 29.51 $ 29.86 FY 22/23-min. wage increase
January 2023- Min. Wage $15.50
City of Avenal
Salary Schedule
Classified (General) Employees
April 13, 2023 Pg. 56
H POLICE OFFICER II $ 4,640.17 $ 4,698.17 $ 4,756.17 $ 4,815.63 $ 4,872.18 $ 4,933.08 $ 4,993.98 $ 5,056.41 $ 5,115.79 $ 5,179.73 $ 5,243.68 $ 5,309.23 $ 5,371.58 $ 5,438.72 $ 5,505.87 $ 5,574.69 $ 5,640.16 $ 55,682.04 $ 61,389.45 $ 67,681.87 $ 26.77 $ 27.10 $ 27.44 $ 27.78 $ 28.11 $ 28.46 $ 28.81 $ 29.17 $ 29.51 $ 29.88 $ 30.25 $ 30.63 $ 30.99 $ 31.38 $ 31.76 $ 32.16 $ 32.54 I SENIOR OFFICER $ 4,970.57 $ 5,032.70 $ 5,094.83 $ 5,158.52 $ 5,219.10 $ 5,284.34 $ 5,349.58 $ 5,416.45 $ 5,480.05 $ 5,548.55 $ 5,617.05 $ 5,687.27 $ 5,754.06 $ 5,825.98 $ 5,897.91 $ 5,971.63 $ 6,041.76 $ 59,646.84 $ 65,760.64 $ 72,501.11 $ 28.68 $ 29.03 $ 29.39 $ 29.76 $ 30.11 $ 30.49 $ 30.86 $ 31.25 $ 31.62 $ 32.01 $ 32.41 $ 32.81 $ 33.20 $ 33.61 $ 34.03 $ 34.45 $ 34.86 J PUBLIC WORKS SUPERVISOR $ 5,138.94 $ 5,203.18 $ 5,267.41 $ 5,333.26 $ 5,395.89 $ 5,463.34 $ 5,530.78 $ 5,599.92 $ 5,669.05 $ 5,739.92 $ 5,810.78 $ 5,883.41 $ 5,952.51 $ 6,026.91 $ 6,101.32 $ 6,177.59 $ 6,250.13 $ 61,667.28 $ 68,028.65 $ 75,001.58 $ 29.65 $ 30.02 $ 30.39 $ 30.77 $ 31.13 $ 31.52 $ 31.91 $ 32.31 $ 32.71 $ 33.11 $ 33.52 $ 33.94 $ 34.34 $ 34.77 $ 35.20 $ 35.64 $ 36.06 K FINANCE MANGER $ 5,489.48 $ 5,558.10 $ 5,626.72 $ 5,697.05 $ 5,763.95 $ 5,836.00 $ 5,908.05 $ 5,981.90 $ 6,052.15 $ 6,127.80 $ 6,203.46 $ 6,281.00 $ 6,354.76 $ 6,434.19 $ 6,513.63 $ 6,595.05 $ 6,672.50 $ 65,873.76 $ 72,625.82 $ 80,069.97 $ 31.67 $ 32.07 $ 32.46 $ 32.87 $ 33.25 $ 33.67 $ 34.08 $ 34.51 $ 34.92 $ 35.35 $ 35.79 $ 36.24 $ 36.66 $ 37.12 $ 37.58 $ 38.05 $ 38.50 K POLICE SERGEANT $ 5,489.48 $ 5,558.10 $ 5,626.72 $ 5,697.05 $ 5,763.95 $ 5,836.00 $ 5,908.05 $ 5,981.90 $ 6,052.15 $ 6,127.80 $ 6,203.46 $ 6,281.00 $ 6,354.76 $ 6,434.19 $ 6,513.63 $ 6,595.05 $ 6,672.50 $ 65,873.76 $ 72,625.82 $ 80,069.97 $ 31.67 $ 32.07 $ 32.46 $ 32.87 $ 33.25 $ 33.67 $ 34.08 $ 34.51 $ 34.92 $ 35.35 $ 35.79 $ 36.24 $ 36.66 $ 37.12 $ 37.58 $ 38.05 $ 38.50 K UTILITIES SUPERVISOR $ 5,489.48 $ 5,558.10 $ 5,626.72 $ 5,697.05 $ 5,763.95 $ 5,836.00 $ 5,908.05 $ 5,981.90 $ 6,052.15 $ 6,127.80 $ 6,203.46 $ 6,281.00 $ 6,354.76 $ 6,434.19 $ 6,513.63 $ 6,595.05 $ 6,672.50 $ 65,873.76 $ 72,625.82 $ 80,069.97 $ 31.67 $ 32.07 $ 32.46 $ 32.87 $ 33.25 $ 33.67 $ 34.08 $ 34.51 $ 34.92 $ 35.35 $ 35.79 $ 36.24 $ 36.66 $ 37.12 $ 37.58 $ 38.05 $ 38.50 April 13, 2023 Pg. 57
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 10. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: April 13, 2024
RE: Consider Proposals for Consultation Services to Provide Prop 218 Rate Study for Recycling, Refuse Collection and Street Sweeping Enterprise Funds
INFORMATION:
As Council is well aware, the City’s contracts with Midvalley Disposal to act as the City’s solid waste refuse hauler, and street sweeper operator. These services operate under their own enterprise account which means the money the City collects from utility bills, should pencil out the cost of the service from Midvalley. Over the years, new rules and laws have added requirements to solid refuse haulers like Midvalley which they have to adhere to, most notably SB1383 Organics, dictating the collection of organic materials away from typical landfills.
Understandably this means more costs on the City and the end user.
Now that the City’s agreement with Midvalley from 2011 has expired and SB1383 requires all local jurisdictions have updated agreements which reflect all the new laws and requirements, is it time to review and update the fee schedule for refuse hauling and street sweeping.
Per the City Attorney’s advise, the City must conduct a Proposition 218 rate study for these services to ensure they are legally adopted. A rate study will be good for five years of rate changes, helping ensure the City’s balances remain in the black and not a deficit.
Now is a good opportunity to begin the process of a new rate study that can go into effect after July 1, 2022. Conducting this study will also help with the improve the City’s bond rating if the City ever required to.
City Staff reached out to several firms, and received proposals for a Prop 218 water and wastewater study from one:
• Willdan Financial Services – Interested, no proposal yet. • SCS Engineers – No Response.
• Interstate Gas Services (IGS) – Total Cost Not to Exceed: $16,700 (Does not offer Noticing/Mailing, City would have to conduct that itself).
RECOMMENDATION:
Although IGS does not offer to send out the notices for the public hearings, they will prepare the necessary paperwork. Given the overall costs, urgency to adopt new fees to adhere to SB 1383, and IGS’ success with the water/waste water study, Staff recommends that Council Authorize the City Manager to negotiate and execute an agreement with Interstate Gas Services, Inc. DBA IGService (IGS) for the purpose of IGS conducting a Proposition 218 Rate Study for the City’s Recycling, Refuse Collection and Street Sweeping Enterprise Funds.
FISCAL IMPACT:
Consultant costs will be drawn from the Enterprise Recycle and Refuse Collection Professional Services Fund: 16.1-14100-655 & 16.2-15100-655.
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BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
ENTERING INTO AN AGREEMENT
WITH INTERSTATE GAS SERVICES,
INC. DBA IGSERVICE (IGS) FOR
PROPOSITION 2018-COMPLIANT
RATE STUDY FOR THE CITY’S
RECYCLING, REFUSE COLLECTION
AND STREET SWEEPER ENTERPRISE
FUNDS
RESOLUTION 2023-20
WHEREAS, the City of Avenal has relied upon the fees and costs associated for refuse collection from its contracted hauler; and
WHEREAS, the City of Avenal needs to conduct a Proposition 218 Rate Study in order to update the rates for its Refuse Collection and Street Sweeping Enterprise Funds to more accurately reflect ongoing and future costs to the systems; and WHEREAS, the City received one proposals for a new rate study; and WHEREAS, Interstate Gas Services (IGS) has experience conductive said study to neighboring cities and was found to offer a competitive proposal and cost for a Proposition 218 Study.
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 April 13, 2023, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
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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 negotiate and execute an agreement with Interstate Gas Services, Inc. DBA IGService (IGS) for the purpose of IGS conducting a Proposition 218 Rate Study for the City’s Reclycing, Refuse Collection and Street Sweeping Enterprise Funds.
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.
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15 Shasta Lane, Walnut Creek, CA 94597 Office: 925-946-9090 Cell: 925-899-2578 Email: [email protected] April 10, 2023
Mr. Antony V. López, MPA Email: [email protected]
City Manager
City of Avenal, CA
Re: 2023 Refuse Rate Setting
Dear Mr. López:
Thanks for your consideration to do City of Avenal’s 2023 refuse rate setting evaluation. I am excited to work with you again following the water and sewer rate work done last year.
As I identified on the phone, this is more rate “setting” than it is rate “study,” because Mid Valley has already established your base rates. It is rate setting to provide the city with additional revenue needed to cover administrative and appropriate overhead costs.
My systematic approach is detailed with the attached budget. Of particular interest will be determination and assignment (or reassignment) of administrative and overhead costs across water, sewer, and refuse. Though this will not be a general government cost allocation study, we should be able to determine quickly reasonable amounts to assign because Avenal is a small city. Additionally, we can address the issue of general fund money assigned to the refuse enterprise, as you have done historically because of the land fill being located near town. At a minimum, the city council and the public need to be reminded of this benefit and confirm continued support accordingly.
Regarding timing, I know the Mid-Valley rates become effective July 1, 2023, so I would begin as soon as I receive approval to work through the numbers to produce rates suitable for the city’s refuse customers.
The Not-to-Exceed-Amount for the work is $16,700. My policy is to bill only for hours worked, and to show hours worked and tasks performed by day on my billing statements.
Thank you for your consideration in performing this work.
Sincerely,
Dan Bergmann, P.E.
President
Attachment: IGS Budget for 2023 Refuse Rate Setting
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2 Labor Hrs. Rate Total
Visit #1*: Initial meeting time and collection of data and accounting reports for study. 4 $210.00 $840.00
Establish allocation of revenue across provided services for purpose of anticipating overhead cost contributions. 4 $210.00 $840.00 Evaluation of overhead costs to be added to Mid Valley Rates: Customer Services, Billing, General Government Overhead, and any other.
Consideration of existing allocation of administrative and overhead costs across water, sewer, and refuse.
16 $210.00 $3,360.00
Consideration of General Fund revenue allocated to Refuse because of Land Fill location in town. 4 $210.00 $840.00
Allocation of overhead costs on top of Mid Valley rates, also considering existing rates. 8 $210.00 $1,680.00
Report writing 16 $210.00 $3,360.00
Visit #2*: Council slide preparation and presentation at City Council Meeting. Request authorization for staff to issue Prop 218 notice 4 $210.00 $840.00 Prop 218 notice support 2 $210.00 $420.00
Visit #3*: Rate Hearing following 45 day notice: Council slide preparation and presentation at City Council (as needed). 4 $210.00 $840.00 Total Billing Hours $13,020.00
Travel Expenses*
Trip 1 Driving time** 6 75 $450.00
Mileage** 400 0.655 $262.00
Trip 2 Combined Driving and Mileage $712.00
Trip 3 Combined Driving and Mileage $712.00 $2,136.00
Total Estimated Budget $15,156.00
Contingency 10% $1,515.60
Total Not-to-Exceed Amount (rounded)*** $16,700.00
* If/when meetings are conducted virtually without travel, no travel costs will be assigned. *** Some tasks may take more time, and some less. The maximum cost for work shall be determined by the Total Not-toExceed Amount.
IGS Budget for 2023 Refuse Rate Setting for City of Avenal ** Travel expenses will be prorated with combined with other client work.
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