Agenda — City Council/Successor Agency/Public Finance Authority, October 26, 2023

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
OCTOBER 26, 2023; 6:15 P.M. (AMENDED)
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:

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

Study Session: NONE
LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2023-41
(SA) LAST RESOLUTION: 2023-02 PFA LAST RESOLUTION: 2023-01 AGENDA

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:

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

CITY CLERK:

Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.

3. CLOSED SESSION: (City/Successor Agency):

It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.

A. Conference with Labor Negotiator(s) (Government Code § 54957.6).

It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives:

Designated representatives: City Employees Bargaining Unit 4 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:

1. Property Description: APN: 038-290-028-000
Negotiator(s): City Manager/City Attorney
Party with whom negotiating: Ross Family Properties LLC.

Instructions to negotiator concerning: Terms of Payment.

2. Property Description: APN: 040-320-009-000; & 040-320-014-000 Negotiator(s): City Manager / City Attorney.

Party with whom negotiating: CrisCom Company.

Instructions to negotiator concerning: Terms of Payment.

4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person.

Special Recognitions: Life Saving Award to Officers Austin Rodriguez; Ed Rij; and Miguel Gracida, recognized for lifesaving efforts during a structure fire at 212 N. 7th Avenue.

5. CONSENT CALENDAR:

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

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for October 12 & 21, 2023.

B. Ratify approval of Concrete Work for the Community Garden.

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

A. Consider adopting 2023-2023 Council Norms (Discussion/Action).

October 26, 2023 Pg. 1

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

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

2. Police Department Activity Report: Chief Robert Nevarez.

B. Special Presentations/Reports:

1. None

8. PUBLIC HEARING(s):

A. None.

9. OLD BUSINESS:

A. None.

10. NEW BUSINESS:

A. Consider Authorizing Engagement with Price Paige & Company for Audit Preparation and Financial Consulting Services: (Discussion/Action) Resolution 2023-42.

11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Any Council member may request an item be placed on a future agenda, provided that a simple majority also support adding said item. Discussion or action on any item not on the current agenda is strictly prohibited. Closing comments are intended for Council members to report attendance of any special events and pertinent information back to the public.
• 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, October 23, 2023.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
October 26, 2023 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 26 DE OCTUBRE DE 2023; 6:15 P.M. (AMENDADA) 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 usando el ID de reunión 872 4344 0488 para unirse.

Sesión de estudio: NINGUNA
ÚLTIMA ORDENANZA: 2022-06 CIUDAD ÚLTIMA RESOLUCIÓN: 2023-41 (SA) ÚLTIMA RESOLUCIÓN: 2023-02 PFA ÚLTIMA RESOLUCIÓN: 2023-01 AGENDA

1. LLAMADO AL ORDEN Y JURAMENTO A LA BANDERA:

2. PASE NOMINAL: 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 ser elegidos para el Concejo Municipal. No reciben ninguna otra compensación por ser miembros de la Agencia Sucesora.

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

Es la intención de este órgano rector reunirse en sesión 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 Cerrada.

A. Conferencia con el (los) negociador(es) laboral(es) (Código de Gobierno § 54957.6).

Es la intención de este órgano de gobierno reunirse en sesión cerrada para revisar su posición e instruir a sus representantes designados:

Representantes designados: Unidad de Negociación de los Empleados de la Ciudad 4 B. Conferencia con Negociador(es) de Bienes Raíces ( 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 con respecto a la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera:

1. Descripción de la propiedad: APN: 038-290-028-000
Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad Parte con quién negociar: Ross Family Properties LLC.

Instrucciones al negociador relativas a: Condiciones de pago.

2. Descripción de la propiedad: APN: 040-320-009-000; & 040-320-014-000 Negociador(es): Administrador de la Ciudad / Abogado de la Ciudad.

Parte con quien negociar: Empresa CrisCom.

Instrucciones al negociador relativas a: Condiciones de pago.

4. COMENTARIOS PÚBLICOS/ANUNCIOS Y APARICIONES NO PROGRAMADAS:

Cualquier persona puede dirigirse directamente al Concejo/Agencia en este momento sobre cualquier tema de la agenda o sobre cualquier otro tema de interés para el público que esté dentro de la jurisdicción del Ayuntamiento/Agencia Sucesora. La ley estatal prohíbe que cualquier miembro del Consejo/Agencia comente o actúe sobre asuntos que no estén en la agenda. Se permiten tres (3) minutos por persona.

Reconocimientos Especiales: Premio al Salvamento a Oficiales Austin Rodríguez; Ed Rij; y Miguel Gracida, reconocido por salvar vidas durante un incendio estructural en 212 N. 7th Avenue.

5. CALENDARIO DE CONSENTIMIENTO:

Todos los elementos enumerados en el calendario de consentimiento son rutinarios y se promulgan mediante una moción: (Acción).

A. Considere la aprobación de las actas de la Ciudad de Avenal/Agencia Sucesora para el 12 y 21 de octubre de 2023.

B. Ratificar la aprobación de la Obra de Concreto para el Huerto Comunitario.

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

A. Considerar la adopción de las Normas del Consejo 2023-2023 (Discusión/Acción).

October 26, 2023 Pg. 3

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

A. Informes de actividad:

1. Informe del Departamento de Desarrollo Económico y Comunitario: Kao Nou Yang, Director

2. Informe de Actividad del Departamento de Policía: Jefe Robert Nevarez.

B. Presentaciones/Informes Especiales:

1. Ninguno

8. AUDIENCIA(s) PÚBLICA(s):

A. Ninguno.

9. NEGOCIOS ANTIGUOS:

A. Ninguno.

10. NUEVOS NEGOCIOS:

A. Considere la posibilidad de autorizar la contratación con Price Paige & Company para la preparación de auditorías y los servicios de consultoría financiera: (Discusión/Acción) Resolución 2023-42.

11. CORRESPONDENCIA/ANUNCIOS/COMENTARIOS DE CIERRE:

Cualquier miembro del Consejo podrá solicitar que un tema se incluya en un orden del día futuro, siempre que una mayoría simple apoye también la adición de dicho tema. Queda terminantemente prohibido debatir o actuar sobre cualquier tema que no figure en el orden del día actual. Los comentarios finales tienen la intención de que los miembros del Consejo informen al público sobre la asistencia a cualquier evento especial y la información pertinente. • Próximos y futuros puntos del orden del día a tener en cuenta. • Correspondencia/Anuncios/Información/Comentarios finales.

12. APLAZAMIENTO:
1) De conformidad con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario Municipal al (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 [Concejo/Autoridad] después de la distribución del paquete de la agenda están disponibles para inspección pública en la oficina de [Secretarios Municipales] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal.

Certifico que esta Agenda del taller del Concejo Municipal de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 23 de octubre de 2023. __ /s/ María Ortiz
María Ortiz, Secretaria Municipal
October 26, 2023 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
OCTOBER 12, 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.

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:14 p.m.

ROLL CALL: Councilmen’s: Ricardo Verdugo, Mayor Alvaro Preciado.

ABSENT: Councilman Hernandez, Mayor Pro Tem Alejandro Ramirez.

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

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

Antony Lopez, City Manager announced an emergency item due it being time sensitive would like to add it The City Council went into Closed Session at 6:28 p.m.

CLOSED SESSION: (City/Successor Agency):

A. Conference with Labor Negotiator(s) (Government Code § 54957.6).

It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives:

Designated representatives: City Employees Bargaining Units 1,2, 3 &5.

B. PENDING LITIGATION (Government Code § 54956.9).
a. 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.

C. Conference with Real Property Negotiator(s) (Government Code § 54956.8).

1. Property Description: APN: 038-290-028-000 Negotiator(s):

City Manager/City Attorney
Party with whom negotiating: Ross Family Properties LLC.

Instructions to negotiator concerning: Terms of Payment.

2. Property Description: APN: 040-320-009-000; & 040-320-014-000 Negotiator(s): City Manager / City Attorney.

Party with whom negotiating: CrisCom Company.

Instructions to negotiator concerning: Terms of Payment.

D. Personnel (Government Code §54957(b)).

Consider Public Employee Performance Evaluation for the Position of:
• Chief of Police
Mayor Preciado re-opened the City Council meeting at 6:23 p.m. and nothing to report.

AGENDA ITEM NO. 5. – A.

October 26, 2023 Pg. 5
Joint Meeting City Council/Successor Agency/PFA – October 12, 2023

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PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Maria Ortiz, City Clerk announced there were no public comment in person, public comment cards and no comments online.

Three corrections from the City Council Agenda packet sent on Monday. All corrections have been completed and updated the online version currently available on the website. The corrections as follows:
o On Consent Calendar: The first is the minutes had a correction on Page 9, stating Councilman Gravelle voted on an item when in fact he was absent.
o Item S.D had a type saying Bargaining Units 1, 2, 3, & 4 when it's 1, 2, 3 & 5, not 4. o Two of the items said Resolution # 2023-40, that has been corrected. All corrections are on the online packet.

Antony Lopez announced that Resolution 2023-40 would amend one-time payment ARPA payment of $1,500 to active employees.

Also, adding an emergency item – Concrete work for the Community Garden. This item did come to staff after the agenda was posted and it is time sensitive. Therefore, adding it to New Business as item 10-D.

Moses Diaz, City Attorney mentioned that noted in minutes that this item came after the agenda was posted, it is time sensitive all need to approve or deny.

Councilman Gravelle made the motion to add emergency item, second by Councilman Verdugo and carried.

Roll Call Vote:

AYES: Gravelle, Verdugo, Preciado.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None.

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 September 27, 2023.

B. Consider Entering into an M.O.U. with Avenal Rotary Club for 2023 Pistachio Days Celebration (Motion).

C. Consider Approval for Aerator Conduit and Wire Replacement Project. Consider Approval of a Resolution to apply for the SB 1383 Local Assistance Grant Program (Resolution 2023-39).

D. Consider Approval of Cost-of-Living Adjustments for Bargaining Units # 1, 2, 3, & 4: (Resolution 2023- 40).

Council Member/Successor Agency Member Gravelle motioned to approve Consent Calendar, second by Councilman/Successor Agency Member Verdugo, and motion carried.

RESOLUTION 2023-39: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING

SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF AVENAL IS ELIGIBLE. Councilman Gravelle motion to approve, second by Councilman Verdugo and motion carried.

RESOLUTION 2023-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL SUPPORTING AND APPROVING OFFERS TO THE EMPLOYEE DESIGNATED NEGOTIATINGTEAMS NO. 1, 2, 3, & 5, AS PER REQUESTED FOR FY 2023/2024. Councilman Gravelle motion to approve, second by Councilman Verdugo and motion carried. Councilman Gravelle motion to approve, second by Councilman Verdugo and motion carried.

Roll Call Vote:

AYES: Gravelle, Verdugo, Preciado.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None.

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

A. Consider Filling Vacancies for Planning Commission:

City Manager Lopez reported that as of August 7, 2023, the Planning Commission has two vacancies. Former Chair, Lymari Larios, handed her resignation due to moving out of the City on July 28, 2023. Commissioner Donna Elliott, also retired from the commission effective August 8, 2023. This creates two vacancies in the Planning Commission, which will require two new appointments by the Council. Per the rotation, Councilmembers Gravelle and Verdugo have the next opportunities to appoint a commissioner. Per Council’s direction, Staff advertised the vacancies and encouraged the community to apply. As of October 9, 2023, Staff received and reviewed five applications from the following: • Rosa Sierra • Grace Resendez • José Barrera • Maria McGee • Arianna McGee Staff spoke to both Councilmembers Gravelle and Verdugo about the applicants.

Councilman Verdugo has appointed Mr. José Barrera. Councilman Gravelle has appointed Mrs. Rosa Sierra.

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Mrs. Sierra reported that she will serve proudly and thanked the City Council.

B. Consider Filling Vacancy for Kings County Commission on Aging: (Discussion/Action).

City Manager Lopez reported that since 2021, Councilmember Pablo Hernandez had represented the City on the Kings County Commission on Aging Council (KCCOAC). In March of 2023, Councilmember Hernandez stepped down from the KCCOAC to allow more active members of the Avenal Senior Program to represent the Avenal group. The City Council is designated by KCCOAC to appoint any member of the Avenal community to the KCCOAC, this appointment is not exclusive to City Council Members. Since March, Council directed staff to advertise the vacancy and seek a participant of the KCCOA program to volunteer. Most recently, staff continued advertising the vacancy to the Avenal Senior Program participants and received interest form four individuals. Staff worked with the participants to hold a vote on who they would like to see appointed on October 4, 2023. The participants selected Francisca Velez, as the primary representative, and for Felix Heredia, as the alternate. Kings County Commission on Aging Council (KCCOAC) – meets the third Thursday of each month, 2PM at the Senior Center in Armona.

Staff recommends following the selection from the Senior Program participants and appointing Francisca Velez, as the primary representative, and for Felix Heredia, as the alternate.

Councilman Gravelle motion to approve Senior Program appointing Francisca Velez, as the primary representative, and for Felix Heredia, as the alternate, second by Councilman Verdugo and motion carried.

Roll Call Vote:

AYES: Gravelle, Verdugo, Preciado.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Public Works/Code Enforcement/Animal Control Departments Activity Report: RobWilliams, Public Works Director.

Scott Davis, Public Works Supervisor, reported on the following: 1) Code Enforcement; 2) Park & Landscaping; 3) Streets; 4) Water Distribution; 5) Wastewater Collection; and 6) Vehicle, Equipment, & Building Maintenance.

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

Humberto Bermudez, IT Manager reported the following: 1) continuing services Internet, Phone system, Emails, Server, Clerk software, Server; and 2) Other: Replaced motion sensor and alarm system backup batteries that prevented various sites from arming,- Expedited repair on a Water Treatment Plant POTS line, Assisted at a recent Resource Fair at Reef Sunset Middle School, 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.

3. Recreation Department Activity Report: Shelia Verdugo, Community Activities Supervisor.

Humberto Bermudez, IT Manager will be giving Shelia Verdugo, Recreation Supervisor reported because she is sick: 1) Upcoming events – Resource Fair, Free movie Avenal Theater, Oct 30th, Ice Ring Oct 13-22, Pistachio Festival October 21st, Trunk r Treat AHS parking lot & Nov 1 Day of the Dead
B. Special Presentations/Reports:
1) California Health Collaborative: Protecting Green Spaces to Promote Community Health – Salvador Solorio, Community Engagement Coordinator (Information/Discussion):

Eric Cortez presenting for Salvador Ruiz, Community Engagement Coordinator reported the following: 1) Protecting Green Spaces to Promote Community Health; 2) Tobacco -Free Outdoor Recreational Area; 3) REACT provides services to the rural communities of Fresno, Kings, and Tulare County; 4) The Collaborative houses over 14 tobacco prevention programs across the state that promote health equity and environmental justice across diverse populations and communities; 5) Local communities have adopted a tobacco-free parks policy to protect the health of their residents and improve the air quality and environment of their community.

Nearly 150 cities or communities have designated outdoor recreational spaces, parks, or beaches, or both, as smokefree; and 6) The Collaborate, Advocate,Lead and Inspire (CALI) YouthCoalition has been engaged in local county efforts to raise awareness about the effects commercial tobacco has in their community. Since 2017, CALI Youth members from Corcoran and Avenal have participated in data collection activities, advocacy events at the State Capitol, and summer leadership opportunities.

PUBLIC HEARING(s):

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

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A. None.

OLD BUSINESS:

A. None.

NEW BUSINESS:

A. Consider Approval of South Seventh Avenue Road Project Bid from Central Valley Asphalt: Rob Williams, Resolution 2023-41:

Public Works Supervisor reported that the Bids for the Seventh Avenue Road Project were opened on October 4, 2023, at 2:00 pm at Avenal City Hall 919 Skyline Blvd, Avenal, Ca. The Project will be road rehabilitation from SR 269 (Skyline) south to Hwy 33 on 7th Avenue. City Engineer, Brian Skaggs of Summers Engineering, estimated the cost of the project in the amount of $1,100.00.

The Seventh Avenue Project will be funded by State HIP 5424 and Local Transportation Funds.

The project is scheduled to commence as soon as all the documents are signed, and the contractor provides City staff with a schedule as well as a start date along with this memo are the Bid proposals received from the contractor's and are as follows:

1. Central Valley Asphalt $ 988,731.00

2. Cal Valley Asphalt $1,114,181.00

3. Papich Construction Inc. $1,287,909.50

4. American Paving Co. $1,320,537.00
Staff recommends by Resolution, authorize the City Manager to enter into an Agreement with Central Valley Asphalt for the Seventh Avenue Road Project for a cost not to exceed $988,731.00. Authorize the City Manager to enter into an agreement with Caltrans for State HIP 5424 Funding.

RESOLUTION 2023-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE

CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CENTRAL VALLEY ASPHALT CONSTRUCTION FOR THE SOUTH SEVENTH AVENUE ROAD PROJECT. Councilman Verdugo motion to approve, second by Councilman Gravelle and motion carried.

Roll Call Vote:

AYES: Verdugo, Gravelle, Preciado.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None.

B. Consider Authorizing the City Manager to Enter into a Professional Agreement with Ice Fantasy Skating Rink: Sheila Verdugo:

Maria Ortiz, City Clerk reported that staff has connected with Andrea Fabiola Karamitreva co-owner of the Ice Fantasy Skating Rink to bring a new and exciting experience to Avenal. The partners own 3 Ice Rinks and have them scheduled up and down California.

They have an opening to bring one of the rinks to Avenal.

Staff is requesting council allow City Manager to enter into a professional agreement with Andrea Fabiola Karamitreva representative of the Ice Fantasy Skating Rink. Staff borrowed the agreement from a neighboring jurisdiction and included the specific stipulations to the terms of the agreements that Staff and Andrea have made. The insurance requirements have been reviewed by RMA and the City’s standard rental agreement will be signed as well. Rental fees are being waived in lieu of the profit split as stipulated in the agreement.

Rental fees will be waived but Staff anticipates revenues exceeding the rental fees for the 10-day period the ice rink will be available.

Currently, it is difficult to determine the potential revenues as this is a very new event.

After a brief, discussion Mayor Preciado approved City Manager to enter into a professional agreement with Andrea Fabiola Karamitreva representative of the Ice Fantasy Skating Rink, second by Councilman Gravelle and motion carried.

Roll Call Vote:

AYES: Preciado, Gravelle, Verdugo.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None
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C. Consider a Capital Expenditure from Wastewater Enterprise Fund for Solar PV System at the Wastewater Treatment Plant:

Antony V. López:

Alfonso Manrique, AM Consulting Engineers reported that Staff has been discussing solutions with the Contractor to be able to avoid penalties. Options that have been discussed include: (1) using enterprise funds, (2) requesting a bridge loan until the amendment is processed and finds are available, (3) allow the contractor to use the batteries that are now being fabricated on another project and place a new order for a new battery.

With Option 1, the use of enterprise funds would significantly increase the City’s out of pocket cost on this project and funds will not be available until May of 2024. Since PG&E has not completed their design of the interconnection, the battery would need to be stored. Temporary power would need to be provided to avoid damage to internal components during the summer heat. Tesla has also indicated that the warranty would be voiced if the batteries are not placed in service within a year of delivery. The Contractor would be requesting a change order of approximately $21,150.

With Option 2, the City would be incurring loan origination costs and interest that are not reimbursable under the State’s CWSRF policy. The risks and change order costs described in Option 1 would also apply to this Option.

With Option 3, the Contractor would use the batteries for another project and will place a new order for a new battery. The contractor recently informed us of this option, and it is time sensitive because their other project is currently in construction. It is a rare opportunity to be able to reuse a battery of this size on another project. With this Option, the new order for batteries will be placed now, and delivery would be in Q4 of 2024. There is a $58,823.53 cost to cancel the City’s order and place a new order. However, the State has indicated that the additional cost would be covered in the amendment and grant funds will be used to pay for that change order amount.

Mr. Manrique continues that the Solar Project schedule currently has a completion date in Q4 of 2024. Significant delays have occurred from PG&E’s design requirements. The original 500A switchgear had to be upsized to 1500A. The cost of the larger switchgear is $202,100 and fabrication of the new switchgear is expected to be completed in Q4 of 2024. Considering that the Solar System would not be operable until the new switchgear arrives and is installed, Option 3 appears to be the one that poses the least risk, and the delayed delivery seems to fit the project’s overall schedule. Staff recommends that the City approves a Change Order with R&D for $58,823.53 to cancel the City’s current battery order and place a new order and a Change Order with Kuykendall Solar for $202,100 for the additional cost to supply a 1500A switchgear. The approval of these change orders will be covered by the new Contract Amendment being processed by the State and expected to be approved in February or March of 2024. 1. Change Order No. 4 - Kuykendall. 2. Change Order No. 2 – R&D
Staff recommends that City Council approve two Change Orders to the Contract with Kuykendall Solar and R&D for the Construction of a Solar PV System at the WWTF and authorize the City Manager to execute, on behalf of the City, the Change Orders Councilman Verdugo motion to approve approve two Change Orders to the Contract with Kuykendall Solar and R&D for the Construction of a Solar PV System at the WWTF and authorize the City Manager to execute, on behalf of the City, the Change Orders, second by Councilman Gravelle and motion carried.

Roll Call Vote:

AYES: Verdugo, Gravelle, Preciado.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None.

D. Consider Concrete Work for the Community Garden:

Public Works Supervisor Davis reported that the Community Garden plans include a 6’ wide walkway from the front sidewalk on Tulare St. to the rear gate at the alley with a 20’x20’ square pad in the middle for a gazebo. Staff contacted three (3) contractors for bids to do this work and they are as follows:

1. Tierra Construction $24,600.00

2. Jon Casey Construction $26,027.00

3. RH Kiggins Construction, Inc No Response
Public Works Supervisor Davis continues that this item is being introduced as an emergency item as Tierra Construction is guaranteeing the above price if work can commence on October 16th, 2023. If approved, Staff will reintroduce this item at the next Council meeting on October 26, 2023, for ratification. The funds will be withdrawn from the Per Capita State Parks Grant.

October 26, 2023 Pg. 9
Joint Meeting City Council/Successor Agency/PFA – October 12, 2023

Page 6 of 6 ends

Councilman Verdugo motion to approve Concrete Work for the Community Garden, second by Councilman Gravelle and motion carried.

Roll Call Vote:

AYES: Verdugo, Gravelle, Preciado.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Councilman Gravelle thanked all city employees for all they do and keep the city going.

Mayor Preciado reported the following: 1) report that City Manager Lopez step out at 7:00 pm.; 2) would like an agenda item for study session - vehicle abetment and how any cars are being abated. Also, add an ordinance for tobacco free parks including Skate Park, Community Garden, Sports Complex; and 3) thanked all for attending.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 7:42 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
October 26, 2023 Pg. 10

SPECIAL JOINT MEETING

AVENAL CITY COUNCIL/SUCCESSOR AGENCY
233 E. KINGS ST., AVENAL, CA 93204
THURSDAY, OCTOBER 21, 2023; 9:00 A.M.

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 9:15 a.m.

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

ABSENT: None.

STAFF: Lopez, Ortiz.

LEGAL COUNCEL: None.

CITY CLERK:

NEW BUSINESS/LEADERSHIP TRAINING:

A. Leadership/Governance Training Technology for Elected and Appointed Officials: Leadership Associates Leadership Associates went over Leadership training with City Council: from 9:17 a.m. to 11:45 p.m.

Actions for Staff & Council as follows:

Council Norms:

The Council reviewed a list of 19 council norms that were considered in 2021, and narrowed down the list to the following seven:
❖ Prepare in advance of Council meetings and be familiar with issues on the agenda – ask questions as least a day before the meeting
❖ Disagree agreeably and professionally – respect and move on ❖ Work together as a body, modeling teamwork and civility for our community ❖ Keep confidential information from closed session confidential ❖ Its okay to challenge ideas, but not people
❖ Respect the diversity of styles and points of view within the group ❖ Strive for consensus; once a vote has been called, support the decision of the majority.

Staff is to clean up the language and bring a final list for formal adoption at the next City Council meeting. 11:47 a.m. The Mayor tabled the discussion for closed session.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 11:47 a.m.

Respectfully submitted,
Maria Ortiz, City Clerk
October 26, 2023 Pg. 11
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: October 26, 2021
RE: Ratify Approval of Concrete Work for Community Garden INFORMATION:

At the October 12, 2023 City Council meeting, Public Works presented an emergency item to the Council, asking approval for a quote for concrete work for a walkway and pad for the community garden. This was added to the agenda by the Council on the basis of securing better pricing if the contractor could commence work the following Monday.

Council approved the quote, and requested that Staff reintroduce the item at the following meeting for formal adoption.

RECOMMENDATION:

Ratify action taken on October 12, 2023, approving the concrete work for the community garden by Tierra Construction.

October 26, 2023 Pg. 12
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
www.cityofavenal.com
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
TO: Antony V. Lopez, City Manager
FROM: Scott Davis, Public Works Supervisor
DATE: October 11, 2023
RE: Concrete Work for the Community Garden
<><><><>
INFORMATION:

The Community Garden plans include a 6’ wide walkway from the front sidewalk on Tulare St. to the rear gate at the alley with a 20’x20’ square pad in the middle for a gazebo. Staff contacted three (3) contractors for bids to do this work and they are as follows.

1. Tierra Construction $24,600.00

2. Jon Casey Construction $26,027.00

3. RH Kiggins Construction, Inc. NO RESPONSE
RECOMMENDATION:

Staff is recommending Tierra Construction for the concrete work at the Community Garden for the amount not to exceed $24,600.00.

This item is being introduced as an emergency item as Tierra Construction is guaranteeing the above price if work is able to commence on October 16th, 2023.

If approved, Staff will reintroduce this item at the next Council meeting on October 24, 2023, for ratification.

FISCAL IMPACT:

The funds will be withdrawn from the Per Capita State Parks Grant.

October 26, 2023 Pg. 13
October 26, 2023 Pg. 14
October 26, 2023 Pg. 15
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: October 26, 2021
RE: Consider adopting 2023-2023 Council Norms
INFORMATION:

At the October 21, 2023 Special City Council meeting, Staff and Council participated in the second part of leadership training with Leadership Associates, Juan Garza I & Juan Garza II.

Mr. Garza reviewed some of the new practices the Council has implemented, and reviewed the Council guiding principals, values, norms, and practices/protocols. The Council’s norms was a primary focus, and Mr. Garza led an exercise to help the Council narrow down the norms from 19, to seven. Staff is bringing the list of norms for formal adoption. In the near future, Staff will also prepare a handbook that updates and outlines the Council’s Council guiding principals, values, norms, and practices/protocols, based on the leadership trainings.

RECOMMENDATION:

Formally adopt the following as the City Council norms for 2023-2024. ❖ Prepare in advance of Council meetings and be familiar with issues on the agenda – ask questions as least a day before the meeting ❖ Work together as a body, modeling teamwork and civility for our community
❖ Respect the diversity of styles and points of view within the group ❖ Its okay to challenge ideas, but not people
❖ Disagree agreeably and professionally – respect and move on ❖ Strive for consensus; once a vote has been called, support the decision of the majority
❖ Keep confidential information from closed session confidential October 26, 2023 Pg. 16
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. __7A_– 1
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: KAO NOU YANG, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: OCTOBER 26, 2023
SUBJECT: OCTOBER 2023 MONTHLY REPORT
Planning Division:
- Processing Zoning Land Use Applications, Land Division Applications and Current Planning Zoning / Land Use Permits:
• Site Plan Review – Beauty Salon
• Certificate of Occupancy - Smog Shop
Business Inquiry Forms: INFORMATIONAL If any business owner has any inquiry about starting a business, please fill out a business inquire form and staff will get back to you as soon as possible.

Please note that Zoning is Land use permit for allowing the use on said property and Business License is for finance or tax purposes. Occupancy and Operation is based on Zoning.

Long Range Planning:

Zoning, Subdivision and Building Ordinance – City Staff has received the Admin Draft of the Zoning Ordinance. A Copy of the Draft have been sent to all Planning Commissioners, ex – officious and any city staff associated with implementation. The November the Planning Commission will be discussing recommendation or comments / feedback .

Housing Element – There will be a Town Hall Public Workshop Scheduled for Housing Element on November 8, 2023, at the Avenal Theater. Flyer and notices will be posted as soon as the County finalizes the dates.

CERF – Staff are working with the regional CERF Committee in order to create an economic resilience plan for the region and consulting with the organization by attending meetings and adding additional information that might include Avenal’s input. The next meeting is Scheduled for October 23.

ATP – SAFE ROUTES TO SCHOOL – City Staff (Community & Economic Development / Public Works) met with Consultant (QK) and Contractor (HBC) for a preliminary preconstruction discussion. The project is finally moving forward, and we are awaiting a finalized schedule. Community Development will be working with QK for the Administrative paperwork, while Public Works will be working with the construction management and review of the scope of work along with QK and HBC. Any Questions or inquiry about the project please contact Public Works.

CDBG – CALHOME – HOME LOANS - City Staff is working on Organizing the numerous loans the city has encumbered. Annual Verifications were sent out in July 2023 to Promissory note holder and Property Owners to verify proof of residency per loan agreement. An Audit of these loans are slowly October 26, 2023 Pg. 17
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
A*(1'A ,7(0 12 BB7AB± 1
processing due to lack of staffing, but we will continue proceed forward to them move loan management to Self Help Enterprise to manage and maintain.

Building Division:

Building and Permit Applications- The City has Implemented an electronic application submission for Building Permits, Land Use and Zoning Permits and Business License. The Application Link is Located on the City Website on the Home Page under the BUTTON APPLY FOR PERMIT ONLINE. We also have a QR code for the Online portal. If any applicant, community member or resident has any questions, we are happy to help answer and show you how to submit online.

From January 2023 to October 2023, the city has already received over 250 electronic submissions of Building permits. We are still continuing to do Inspections on Monday, Wednesday, and Thursday as schedule with our Willdan Inspector.

The Building Division is looking to add another position to the next year budget (FY 23/24) – City Permit Technician Position. The Position will help with the permit and plan checking of simple plans like patio/porched and residential solar. With this added position it will help transition the Community Development Assistant to for use more on the Housing and Planning work of the Community Development Planning Division.

Economic Development (CrissComm):

Monthly Report and Update from Economic Development Team CrisCom Programs:

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

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

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

October 26, 2023 Pg. 18
The CrisCom Company –
City of Avenal Update
September/October, 2023
Legislative Update
The CrisCom Company advocacy team was in Sacramento on September 20 and 21. We met with the staff from Senator Hurtado and Assemblymember Mathis' offices. Both offices are still finishing up from last session and are currently finalizing what their priorities are going to be for the second half of the 2023/2024 legislative session. CrisCom is staying in constant communication with both of their legislative staff and are working diligently to secure more funding for the City of Avenal.

Furthermore, on September 21, we facilitated productive meetings with the staff members of Speaker of the Assembly Rivas and Senate President Pro Tempore Atkins. These meetings were particularly impactful, as they allowed the staff member responsible for overseeing local government affairs to gain deeper insights into the critical issues that profoundly affect our city.

Attached is the Sacramento Snapshot that details pending legislation for the 2023 Session. Once the State Legislative Calendar is public, we will share that information with you as well.

In the next month or so CrisCom will be meeting with City Administrators to go over Avenal’s priorities for the 2024 Legislative Budget so we can begin working on those requests, at both the State and Federal levels.

CrisCom will continue to work with the City Manager and Kings County with reference to the potential purchase of the Courthouse.

Economic Development Update:

As you know, CrisCom attended the International Conference of Shopping Centers and passed out cards with pertinent Avenal information to potential stores, restaurants, etc. that had a QR Code directed to the City’s Economic Development webpage on one side, and some of Avenal’s statistics on the other side. We are continuing to reach out to those retailers as well as others that were not present at ICSC. With the opening of O’Reilly, and the potential of a national fast food chain being in talks to come to Avenal, we are looking forward to many possibilities along the horizon.

Speaking of the national chain, CrisCom is continuing to work with City Administrators and the potential buyer and assist with the negotiation process.

Grant Writing Update:

CrisCom has kept the City officials up to date regarding specific grant opportunities such as the Rubberized Pavement Grant Program, Reconnecting Communities and Neighborhoods Program, Last Mile Federal Funding Account - Broadband grant, More Pets and People Together Grant, Equitable Community Revitalization Grant, and Community Resilience Centers. However, these grants were passed on.

CrisCom did successfully submit the Wonderful Grant application requesting $50,000 for an electrical upgrade of the Avenal Boxing Club. The awards for that grant opportunity should be announced any day. We will keep you posted on the outcome.

As always, we will continue to look for funding opportunities and inform department of upcoming grants.
2023 STATE LEGISLATIVE CALENDAR
Apr. 10 Legislature reconvenes from Spring recess (J.R. 51(a)(2)).

Apr. 28 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house (J.R. 61(a)(2)).

May 5 Last day for policy committees to hear and report to the floor non-fiscal bills introduced in their house (J.R. 61(a)(3))
May 12 Last day for policy committees to meet prior to June 5 (J.R. 61(a)(4)).

May 19 Last day for fiscal committees to hear and report to the Floor bills introduced in their house (J.R. 61(a)(5)). Last day for fiscal committees to meet prior to June 5 (J.R. 61(a)(6)).

May 30-June 2 Floor Session Only. No committees, other than conference or Rules committees, may meet for any purpose (J.R. 61(a)(7)).

June 2 Last day for each house to pass bills introduced in that house (J.R. 61(a)(8)).

June 5 Committee meetings may resume (J.R. 61(a)(9)).

June 15 Budget must be passed by midnight (Art. IV, Sec. 12(c)(3)).

July 14 Last day for policy committees to meet and report bills (J.R. 61(a)(10)). Summer Recess begins upon adjournment of session provided Budget Bill has been passed (J.R. 51(a)(3)).

Aug. 14 Legislature reconvenes from Summer Recess (J.R. 51(a)(3)) Sept. 1 Last day for fiscal committees to meet and report bills to Floor (J.R. 61(a)(11)).

Sept. 5-14 Floor session only. No committees, other than conference Sept. 8 Last day to amend on the floor (J.R. 61(a)(13)) Sept. 14 Last day for each house to pass bills (J.R. 61(a)(14)). Interim Study Recess begins at the end of this day’s session (J.R. 51(a)(4)).

Page 1 of 7 ends

PENDING LEGISLATION OF INTEREST – 2023 SESSION
Status:

AB-348 Beverage containers: producer responsibility score. (Ting) Under existing law, manufacturers of beverages sold in plastic containers subject to California Redemption Value must annually report the amount of virgin and recycled plastic used for those containers to the Department of Resources Recycling and Recovery by March 1. The department is then required to publish this information on its website within 45 days.

Status: Chaptered by Secretary of State. Chapter 600, Statutes of 2023.

AB-364 Street furniture data: statewide integrated data platform. (Bryan) This bill would require the department to develop guidelines for data sharing and open access to street furniture data, such as bus shelters and benches. The department would collaborate with state and local agencies and submit reports every three years. The bill also mandates the integration of street furniture data on a statewide platform, using guidelines established by the California Minimum General Transit Feed Specification. The platform would integrate data from various databases and make it accessible to the public.

Local agencies would be impacted, resulting in a state-mandated local program.

Status: In committee: Set, first hearing. Hearing canceled at the request of author.

AB-407 Hazardous waste: used oil. (Chen)
This bill proposes a change to the criterion by requiring the used oil to either not be subject to regulation as hazardous waste or used oil under federal law, or if it is subject to federal regulation, it must meet certain testing criteria to qualify for the exemption.

Status: Vetoed by Governor. Governor's Veto Message: To the Members of the California State Assembly I am returning Assembly Bill 407 without my signature.

This bill would exempt used oil from state regulation as a hazardous waste if it meets the testing, certification, and record-keeping requirements for highly controlled used oil.

Despite meeting certain purity standards, highly controlled used oil is still a hazardous material requiring oversight to mitigate public health and environmental concerns. While I appreciate the author's intent to provide used oil generators with alternative pathways to more sustainable recycling options, this bill undermines the ability of the Department of Toxic Substances Control (DTSC) to investigate and prove violations of improper used oil management practices.

I encourage the author to work with the DTSC to develop strategies to achieve recyclability of used oil that are consistent with state health and environmental standards.

For these reasons, I cannot sign this bill.

Sincerely,
Gavin Newsom
AB-495 Battery recycling: records retention. (Hoover)
The Rechargeable Battery Recycling Act of 2006 mandates retailers to establish a system for collecting and disposing of used rechargeable batteries. Annually, the Department of Toxic Substances Control conducts a survey of battery facilities and publishes the weight estimate of each type of rechargeable battery recycled in California. The act will become inoperative on September 30, 2026, and will be repealed on January 1, 2027.

Status: Referred to Com. on E.S. & T.M.

AB-861 Hazardous waste: Exide Technologies facility. (Santiago) This bill would mandate the board to hire an expert entity specialized in remediating contaminated sites to evaluate the residential cleanup efforts near the former Exide Technologies recycling facility in Vernon. The contractor would assess the existing data and, if needed, collect limited samples for analysis, while engaging with the community to address their comments and concerns. The contractor's findings would be shared on the board's website.

Status: Referred to Com. on E.Q.

Page 2 of 7 ends

AB-895 Solid waste: management. (Chen)
This bill would compel the department to assess the progress made by the waste sector, state government, and local governments in meeting organic waste reduction goals every 5 years. As the analysis may result in regulatory amendments, the bill would impose additional responsibilities on local governments concerning organic waste in landfills, which would create a state-mandated local program. Reimbursement procedures would be followed to cover costs mandated by the state, as required by the California Constitution.

Status: Re-referred to Com. on NAT. RES.

AB-981 State highways: pilot highway maintenance and rehabilitation demonstration projects. (Friedman) This bill mandates the use of cold in-place recycling, partial depth recycling, and full depth recycling on a specified number of projects each year by the department, with an annual report to the Legislature, until its provisions are repealed on January 1, 2034.

Status: In committee: Held under submission.

AB-1238 Hazardous waste: solar panels. (Ward)
This bill mandates the Department of Toxic Substances Control to create alternative management standards for handling hazardous photovoltaic modules. The standards must prioritize safe collection, reuse, and recycling of these modules and require a public workshop to discuss the proposed standards. Violations of these regulations would constitute a crime and impose a state-mandated local program.

Status: Referred to Com. on E.Q.

AB-1489 Solid waste: compostable covered materials. (Wood) AB 1489, as amended by Wood, focuses on solid waste and compostable covered materials. The existing law, known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act, requires producers to reduce plastic covered materials, ensure recyclability or compostability, and meet recycling rates. The bill introduces an exemption for products eligible to be labeled as "compostable" from the source reduction requirements of the act. This means that such products would be excluded from the specific reduction targets imposed on producers.

Status: Vetoed by Governor. Vetoed by Governor. Governor's Veto Message: To the Members of the California State Assembly:

I am returning Assembly Bill 1489 without my signature.

This bill would specify that compostable covered materials are not subject to the source reduction requirements of the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), thereby exempting compostable plastics.

Last year, I signed SB 54 (Allen, Chapter 75, Statutes of 2022), which established a comprehensive regulatory framework and the nation's most ambitious goals to reduce single-use plastic in this state. It also set aggressive timelines for the Department of Resources Recycling and Recovery (CalRecycle) to implement a new and complex program.

While I appreciate the author's intent to support compostable materials, the changes proposed by this bill will interfere with CalRecycle's ability to meet its statutory obligations to adopt regulations by January 1, 2025, as set by the Legislature. I encourage the author and stakeholders to work with CalRecycle on the issue this bill seeks to address in the regulatory process.

For these reasons, I cannot sign this bill.

Sincerely,
Gavin Newsom
AB-1526 Public resources. (Rivas)
(1) This bill would extend the reporting requirements of the Department of Conservation and the State Water Resources Control Board regarding the Underground Injection Control Program until January 1, 2030. (2) The bill would extend provisions related to the study of fugitive emissions from idle wells, change deadlines for reporting and completion of the study, and extend the repeals on January 1, 2024, until January 1, 2029.
(3) The bill would remove the "one-time" limitation for exemption from timber operations and authorize the State Board of Forestry and Fire Protection to adopt waiver regulations.

Page 3 of 7 ends

(4) The bill would revise the Plastic Pollution Prevention and Packaging Producer Responsibility Act, changing requirements for covered materials, including wraps, and bags used in the packaging of food, and modifying the surcharge as the "environmental mitigation surcharge." (5) The bill would eliminate the exemption of aerosol spray paint from the architectural paint recovery program and expand the definition of architectural paint to include aerosol coating products, with a specified implementation date and reporting requirements.

Status: Chaptered by Secretary of State - Chapter 848, Statutes of 2023.

AB-1548 Greenhouse Gas Reduction Fund: grant program: recycling infrastructure projects. (Hart) The bill expands the existing grant program administered by the Department of Resources Recycling and Recovery to include projects that sort and aggregate organic and recyclable materials, as well as projects that enhance reuse opportunities and divert items from disposal. It authorizes financial assistance for recyclable material recovery, sorting, baling, and equipment purchase for publicly owned facilities. Eligible infrastructure projects now include initiatives by local governments to improve recovery and sorting, develop edible food waste recovery operations, and establish reuse programs. The bill also emphasizes considering the benefits to low-income communities when awarding grants for organics composting or in-vessel digestion.

Status: Chaptered by Secretary of State - Chapter 693, Statutes of 2023.

AB-1590 Major coastal resorts: coastal development permits: audits: waste. (Friedman) This bill establishes the Major Coastal Resorts Environmental Accountability Act, which requires major coastal resorts in the coastal zone to undergo periodic audits of their compliance with coastal development permits.

The audits will be prepared by the California Coastal Commission with the assistance of a qualified consultant, and the findings will be documented in a public report. The bill also introduces new requirements for coastal development permits, including the inclusion of a turf, landscape, and pest management plan. Major coastal resorts are prohibited from using nonorganic pesticides or fertilizing materials. Additionally, the bill prohibits major coastal resorts from providing certain materials to guests and requires them to provide recycling bins in each guest room. Violations of these requirements may result in civil penalties.

Status: In committee: Set, first hearing. Failed passage. Reconsideration granted.

AB-1705 Solid waste facilities: state policy goals. (McKinnor) The California Integrated Waste Management Act of 1989 sets waste management goals, including reducing landfill disposal of organic waste. Existing law restricts the establishment or expansion of solid waste facilities unless they meet certain criteria. This bill adds a provision prohibiting the establishment or expansion of transformation facilities or EMSW conversion facilities until the state has achieved its waste reduction goals for three consecutive years, as determined by the Department of Resources Recycling and Recovery.

Status: In committee: Hearing postponed by committee.

AB-1716 Hazardous wastes and materials: certified unified program agencies. (Lee) (1) This bill proposes revisions to existing laws related to hazardous waste management and recycling. It specifies new requirements for excluding recyclable materials from waste classification, including the use of appropriate containers and labeling. It also imposes information submission obligations on those claiming exemption or exclusion for recycling materials.
(2) The bill also addresses the disposal of hazardous waste aerosol cans. It revises the definition of an aerosol can and introduces additional requirements for the containers used to accumulate or transport these cans. It expands the duties of universal waste handlers and introduces protocols for the safe processing and recycling of empty punctured aerosol cans.
(3) The bill introduces changes to the unified hazardous waste and hazardous materials management regulatory program, known as the unified program. It specifies civil and administrative penalties for violations and authorizes withholding permits or elements of permits for non-compliance. It also grants the authority to

Page 4 of 7 ends

exempt or revoke exemptions for certain unified program facilities and establishes procedures for suspension or revocation of permits.
(4) The bill grants unified program agencies the discretion to determine whether the use of regulated substances poses a significant likelihood of a regulated substances accident risk. It establishes compliance requirements based on the determination and introduces new provisions for stationary sources to submit risk management plans.
(5) The bill expands the exemptions from business plan requirements for handling hazardous materials and makes revisions to the content requirements of business plans, particularly related to the inclusion of elements on site maps.
(6) The bill redefines and expands the definition of "emergency tank system" for underground storage of hazardous substances to include additional devices and systems. (7) The bill acknowledges the state's constitutional obligation to reimburse local agencies and school districts for certain mandated costs.

These provisions would impose state-mandated local programs and expand the scope of existing crimes in relation to hazardous waste and materials management.

Status: Chaptered by Secretary of State - Chapter 207, Statutes of 2023.

ACR-36 Compost Awareness Week.

The resolution designates the week of May 7, 2023, through May 13, 2023, as Compost Awareness Week in California, recognizing the benefits of composting in waste reduction, recycling, and sustainable communities.

It highlights the importance of composting in conserving water, reducing carbon emissions, improving soil health, and creating green jobs, and acknowledges the role of composting in achieving environmental goals.

The resolution also mentions the International Compost Awareness Week and acknowledges the efforts of the Association of Compost Producers in managing the event in California.

Status: Chaptered by Secretary of State - Res. Chapter 78, Statutes of 2023.

SB-303 Solid waste: Plastic Pollution Prevention and Packaging Producer Responsibility Act. (Allen) SB 303, also known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act, aims to regulate the management and recycling of plastic packaging containers and single-use foodware accessories in California. Existing law requires producers of these materials to source reduce, ensure recyclability or compostability, and achieve specific recycling rates. The bill would allow affected entities to bring concerns about non-compliance with the act's requirements to an advisory board and seek resolution through nonbinding arbitration, rather than involving the Department of Resources Recycling and Recovery. The bill would also grant the department the authority to establish standards for responsible end markets and revise certain definitions in the act.

Status: Vetoed by the Governor. In Senate. Consideration of Governor's veto pending. Governor's Veto Message: To the Members of the California State Senate:

I am returning Senate Bill 303 without my signature.

This bill would amend the Plastic Pollution Prevention and Packaging Producer Responsibility Act (the Act) by: 1) revising the definition of "recycling," 2) revising the definition of "responsible end markets," and 3) adding an arbitration process for affected parties to contest and revise an approved implementation plan.

While I appreciate the author's intent to clarify certain provisions within the Act, this bill will interfere with the Department of Resources Recycling and Recovery (CalRecycle)'s ability to meet its statutory obligation to adopt regulations pursuant to the Act by January 1, 2025. I encourage the author and stakeholders to work with CalRecycle through the regulatory process on the issues this bill seeks to address.

For this reason, I cannot sign this bill.

Sincerely,
Gavin Newsom
SB-353 Beverage containers: recycling. (Dodd)
SB 353, also known as the Beverage Containers Recycling Act, proposes several amendments to the existing regulations. It expands the scope of the act to include all sizes of containers for 100% fruit and vegetable

Page 5 of 7 ends

juices, establishes new crimes related to the regulation of beverage containers, and makes an appropriation for the additional payments. The bill also exempts certain sizes of juice containers from the requirement of containing a specified percentage of postconsumer recycled plastic until 2026 and provides exemptions for labeling requirements for certain pre-filled and labeled beverage containers. Additionally, the bill allows the Department of Resources Recycling and Recovery to adjust the processing payment quarterly based on average scrap values. The bill is declared as an urgency statute and would take effect immediately.

Status: Chaptered by Secretary of State. Chapter 868, Statutes of 2023.

SB-560 Solid waste: gas cylinders: stewardship program. (Laird) This bill proposes the establishment of a stewardship program for gas cylinder products in California, requiring producers to submit stewardship plans to the Department of Resources Recycling and Recovery.

Producers not participating in an approved plan would be prohibited from supplying or selling gas cylinders in the state. The bill also imposes recordkeeping and reporting requirements, as well as the responsibility for covering administrative and operational costs associated with the stewardship plan. The Department would be responsible for setting standards and metrics for the program.

Status: May 18 hearing: Held in committee and under submission.

SB-665 Plastic waste: single-use plastics alternatives: working group. (Allen) Under the existing Plastic Pollution Prevention and Packaging Producer Responsibility Act, producers are required to reduce plastic waste and ensure that covered materials are recyclable or compostable. This bill would establish a working group, consisting of state agencies, to develop a framework for evaluating new material types and informing state policies for a more sustainable economy. The working group will make recommendations regarding novel materials, including marketing, end-of-life handling, and alignment with existing state policies and regulations. The California Environmental Protection Agency is tasked with forming this working group by January 1, 2025.

Status: Vetoed by the Governor. In Senate. Consideration of Governor's veto pending. Governor's Veto Message: To the Members of the California State Senate:

I am returning Senate Bill 665 without my signature.

This bill would require the California Environmental Protection Agency to establish a working group of state entities to develop a policy framework by July 1, 2026, for evaluating plastic alternatives in order to inform policy decisions designed to create a more sustainable and circular economy.

I thank the author for the commitment to reduce plastic pollution and support California's transition to a circular economy. However, the creation of a new working group is unnecessary and duplicative of existing efforts within my Administration.

Last year, I signed the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54, Chapter 75, Statutes of 2022), which established a comprehensive regulatory framework and aggressive goals to reduce single-use plastic in this state. To implement this framework and meet its statutory requirements, the Department of Resources Recycling and Recovery is in the process of conducting needs assessments, source reduction studies, end market studies, industry surveys, and waste characterization studies. This work, coupled with other Administration efforts, will provide insight for the same policy objectives this bill seeks to achieve.

For these reasons, I cannot sign this bill.

Sincerely,
Gavin Newsom
SB-709 Low-Carbon Fuel Standard regulations: biogas derived from livestock manure. (Allen) The California Global Warming Solutions Act of 2006 tasks the State Air Resources Board with regulating greenhouse gas emissions. The existing Low-Carbon Fuel Standard regulations require the state board to provide credits for projects that reduce methane emissions from livestock manure management operations and dairy manure management operations. This bill removes the requirement for projects to receive credits for at least 10 years and be eligible for credit extensions. Additionally, the bill mandates that the state board update the carbon intensity calculations for fuel derived from livestock manure to include emissions from both fuel production and feedstock production. It also requires the disclosure of information and calculations used to determine carbon intensity for fuel pathways involving biogas derived from livestock manure.

Status: May 18 hearing: Held in committee and under submission.

Page 6 of 7 ends

SB-728 Plastic gift cards: prohibition. (Limón)
Existing law regulates the manufacture, sale, and disposal of various plastic products, including, but not limited to, single-use foodware accessories, single-use carryout bags, trash bags, packaging containers, and microbeads. This bill would prohibit, beginning January 1, 2026, the sale or distribution of plastic gift cards, except those that are both usable with multiple unaffiliated sellers of goods and that have the expiration date, if any, printed on the card.

Status: Vetoed by the Governor. In Senate. Consideration of Governor's veto pending. Governor's Veto Message: To the Members of the California State Senate:

I am returning Senate Bill 728 without my signature.

This bill prohibits the sale or distribution of plastic gift cards in the state after January 2027, and enforces the ban through civil penalties of up to $100 per day.

While I support the author's goal to reduce our reliance on single-use plastic materials, I am concerned that an outright ban without any incentives for compliance will disproportionately impact the state's small business community, as digital gift cards may not be a feasible option for many businesses or consumers.

California has successfully implemented many programs to reduce our reliance on single-use plastic while incentivizing businesses to transition towards more sustainable products and materials. I encourage the Legislature to consider alternatives to a statutory, single-product ban to help meet the state's plastic waste reduction goals.

For these reasons, I cannot sign this bill.

Sincerely,
Gavin Newsom
SB-806 Trash receptacles and storage containers: reflective markings: enforcement. (Archuleta) Existing law mandates that starting from January 1, 2025, manufacturers or owners of large trash receptacles or storage containers placed on roadways must mark them with reflectors on each side. Failure to comply with this requirement is currently punishable as a criminal infraction. This bill would grant authority to the Attorney General, district attorney, or city attorney to enforce these provisions, while also establishing the Accident Prevention and Road Safety Fund, where collected fines would be deposited.

Status: Chaptered by Secretary of State. Chapter 722, Statutes of 2023.

SB-854 Carpet recycling: carpet stewardship. (Smallwood-Cuevas and Portantino) Under existing law, carpet manufacturers in California are required to submit a carpet stewardship plan to the Department of Resources Recycling and Recovery, either individually or through a carpet stewardship organization. These plans must meet specific requirements and provide funding for carpet recycling practices.

Manufacturers remit a carpet stewardship assessment per unit of carpet sold, which can be used by the organization to carry out the stewardship plan. This bill, effective from the July 1, 2024 fiscal year, would require the carpet stewardship organization to allocate up to 10% of the collected assessments for grants to apprenticeship programs that train carpet installers in proper carpet recycling practices.

Status: Read second time and amended. Re-referred to Com. on APPR. ####
For more information please contact:

John Basmajian | The CrisCom Company
[email protected]

Page 7 of 7 ends

AVENAL POLICE DEPARTMENT
Robert Nevarez, Chief of Police
317 Alpine St., Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
Chief’s Monthly Report
October 26, 2023
Organizational Priorities
I. Leadership Stability
• Attended and presented at the October 25th sergeants meeting • Interacted with Reef-Sunset School Superintendent regarding Avenal High School disturbances.

II. Recruit and Retain the Best
• Created and Prepared for the Police Chief’s Selection Process • Conducted swearing in ceremony for new sergeants Maguire and Rij. • Moderated the Chiefs writing/assessment center/oral board process.

III. International Model of Community Trust
• Conducted interview with Channel 30 regarding a person tragically killed in a fire.
• Participated in the Pan Dulce con La Placa at Rotary pop-up park. • Attended and presented at the latest Police Explorer meeting.

IV. Amongst the safest cities in America
• Met with the City Manager, Superintendent Ruiz and Sheriff Robinson regarding School Resource Officers and the use of a Deputy to temporarily supplement school safety.
• Met with Sergeant Roldan DeLeon and Jose Gonzalez regarding unsolved shootings. Overtime was authorized to further these investigations.
• Attended “Confia” event at Reef-Sunset Middle School. • Signed the operational agreement with Kings County to further Victim Services in Avenal.

V. Embrace wellness amongst our employees.
• Assigned two officers to attend upcoming Peer Support Training Course
October 26, 2023 Pg. 19
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A
TO: The Honorable Mayor and City Council
FROM: Griselda Price, Director of Administrative Services DATE: October 26, 2023
RE: Consider Authorizing Engagement with Price Paige & Company for Audit Preparation and Financial Consulting Services
INFORMATION:

Price Paige & Company (PP&C) has provided financial consulting services to the City of Avenal for the past year and half, compiling the monthly bank reconciliations, assisting in state reports, and ensuring the 2020-2022 audits are completed as quickly as possible with Sotomayor & Associates.

The past engagement with PP&C was not to exceed $186,810 through June 2023. To date, only $150,004 has actually been expended. Some contingency had to be used to redirect staff time on the 2020 audit, but the overall expenditure was less than the total approved amount.

The new engagement is for a total not to exceed $144,200, more in line with last year’s actuals. Josh Gyosa expects the actual amount to be less, once the 2021-2022 audits are completed and other processes get easier for City Staff to handled internally, but likes to have a cushion for any unforeseen circumstances that may arise.

PP&C have been crucial in bringing the City’s financials up to date, improving some processes, and also connecting Staff with other consultants for assistance. PP&C will be crucial in helping the City find a new auditor once the contract with Sotomayor ends.

RECOMMENDATION:

Given the remaining work with the 2021-2022 audits, and other fiscal reporting needs of the City, staff recommends approval of the 2023 engagement letter with Price Paige & Company. Other cities, like Lemoore, utilize PP&C much the same as the City does.

FISCAL IMPACT:

As a benefit for the Finance Department, staff will forgo filling the Finance Manager position for the next fiscal year, until the audits are caught up. The $71,000 for audit preparations will be allocated to ARPA, and the remaining $73,200, to General Services – Professional Services budget in the FY 2023-2024 City Budget. Once the audits are caught up, the lower price can be fully assumed by the General Fund.

October 26, 2023 Pg. 20
1 of 1

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A Resolution of The City Council of The City
of Avenal Authorizing the City Manager and
Mayor to Execute an Engagement Letter for
Professional Financial Consulting Services
with Price Paige & Company
RESOLUTION 2023-__42__
WHEREAS, the existing state of the City’s finances have improved with the help of Price Paige & Company, but more work is needed for the 2021 and 2022 audits; and WHEREAS, the City does have a need for professional financial consulting services in the routine course of business; and
WHEREAS, the engagement letter from Price Paige & Associates includes a number of services that will help organize the City’s finances and alleviate staff constraints; and WHEREAS, both the City and Price Paige & Company wish to formally engage in the services stipulated in Attachment A.

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 October _26_, 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 foregoing recitals to be true, correct and incorporated herein;

2. That the City Council of the City of Avenal does hereby authorize the City Manager to execute an engagement letter, extending financial accounting services through June 2024 with Price Paige & Company .

Avenal, CA 93204
Dear Mr. López:

This letter confirms the engagement of Price Paige & Company by the City of Avenal (the City). The professional consulting services we expect to provide include the following:
1) We will assist the City with the year-end close of its financial records by preparing reconciliations of balance sheet and income statement account balances, as deemed necessary, in preparation for its financial statement audit for the fiscal year ended June 30, 2023, and provide the City with all adjusting journal entries necessary to ensure that its trial balance is complete and accurately stated in accordance with generally accepted accounting principles. As a part of this service, we will also prepare the City’s year-end financial statements and serve as the primary liaison to the City’s external auditor throughout the duration of the audit.
2) We will prepare the City’s bank reconciliations for the months of July 2022 through June 2024. 3) We will assist in the preparation of the City’s 25-26 Recognized Obligation Payment Schedule (ROPS) and 22-23 Prior Period Adjustment Form (PPA).
4) We will prepare the City’s Annual Financial Transactions Report for the year ended June 30, 2023. 5) Additionally, through the end of this agreement, expected to end on July 31, 2024, we will provide the City with any professional consultation as agreed upon with City management. The scope, timing, and extent of the additional consultation will be discussed prior to the commencement of any work.

All workpapers or other documents used by us during this engagement will be maintained in segregated files, and such originals and all copies will be returned to you upon the completion of our engagement.

Electronic Data Communication and Storage and Use of Third Party Service Provider In the interest of facilitating our services to the City, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to the City may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data October 26, 2023 Pg. 22
October 19, 2023

Page 2 ends

AVENAL
2022-2023
security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional standards. We also require all of our third-party vendors to do the same.

You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors, and consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers during this engagement.

It is our policy to keep records related to this engagement for a minimum of seven years after the report release date.

Our fees for the above services for the years ended June 30, 2022 and June 2023 will be as follows:

Audit preparation, as listed in item 1 $ 71,100
Bank reconciliation preparation, as listed in item 2 ($1,800 per month) 43,200 Successor Agency report preparation, as listed in item 3 3,400 Annual Financial Transactions Reports, as listed in item 4 6,500 Additional Consulting services (hourly, not to exceed) 20,000 Total $ 144,200
Our fees are based on the expected hours required to perform the service at our standard hourly rates. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your consulting engagement. Our billing rates are reviewed annually and, where appropriate, adjusted for any increases due to inflation and other factors. We will issue a monthly billing statement for the work completed that month. Payments for services are due when rendered and interim billings may be submitted as work progresses and expenses are incurred. Our fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the services listed. If significant time is necessary, we will discuss it with you before we incur additional costs. The fees for these services will be billed at the hourly billing rate for the individual involved, plus out-ofpocket expenses.

If any dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties.

All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result of your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final.

IN AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE THAT, IN THE EVENT OF A DISPUTE OVER

FEES CHARGED BY THE ACCOUNTANT, EACH OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE

DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.

The right to terminate this Agreement may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

October 26, 2023 Pg. 23
October 19, 2023

Page 3 ends

AVENAL
2022-2023
The City shall have the right to terminate this Agreement without cause by giving the other party thirty (30) calendar days prior written notice of its intention to terminate pursuant to this provision, specifying the effective date of termination.

Should no funds or insufficient funds be appropriated by the City’s governing body for the Agreement, the City reserves the right to propose an amendment or may in writing unilaterally terminate this Agreement immediately, in which case Contractor shall be compensated for services rendered prior to the effective date of termination.

If information becomes known that would make our continued involvement in this engagement inappropriate, or parties involved change, we reserve the right to withdraw from this engagement. In addition, we will refuse to perform any requested act that we deem a violation of law, public policy, or our professional ethical standards, and may, as a result, withdraw from the engagement without penalty.

In no event will our firm be liable for incidental or consequential damages resulting from our performance on this engagement, even if we have been advised of the possibility of such damages.

If these terms are in accordance with your understanding and meet with your approval, then please sign and date one copy of this letter in the space provided. This agreement will become effective when you return the signed copy to us.

Sincerely,
Joshua Giosa, CPA
Price Paige & Company
- - - - - - -
RESPONSE:

This letter correctly sets forth the understanding of the City of Avenal.

Management Signature Title Date
October 26, 2023 Pg. 24
Fiscal
Year
Invoice
Number Status
Approval
Level Type Invoice Date Payment Date
Check
Number Check Date Invoice Amount
2024 31776 PENDING A 1 Regular 09/30/2023 10/20/2023 0 0 $ 4,778.00 2024 31504 PAID Approved Regular 08/31/2023 09/26/2023 50003 10/02/2023 $ 32,562.002024 31408 PAID Approved Regular 07/31/2023 08/28/2023 2811 08/28/2023 $ 11,841.002023 31234 PAID Approved Regular 06/30/2023 08/28/2023 2809 08/28/2023 $ 13,099.002023 30333 PAID Approved Regular 02/28/2023 06/27/2023 2646 07/20/2023 $ 4,053.002023 30836 PAID Approved Regular 06/27/2023 06/27/2023 2559 06/27/2023 $ 6,804.002023 31145‐1 PAID Approved Regular 05/31/2023 06/26/2023 2559 06/27/2023 $ 14,981.00 2023 30617 PAID Approved Regular 03/31/2023 03/31/2023 2263 04/26/2023 $ 10,366.002023 30115 PAID Approved Regular 01/31/2023 03/07/2023 2078 03/10/2023 $ 11,563.002023 23116 PAID Approved Regular 12/31/2022 01/22/2023 1912 01/26/2023 $ 899.00 2023 23014 PAID Approved Regular 11/30/2022 12/20/2022 1762 12/21/2022 $ 5,380.002023 22773 PAID ‐‐ Regular 10/31/2022 11/17/2022 1680 11/28/2022 $ 811.002023 22556 PAID ‐‐ Regular 09/30/2022 09/30/2022 1550 10/25/2022 $ 7,145.002023 22380 PAID ‐‐ Regular 08/31/2022 09/16/2022 1392 09/19/2022 $ 5,557.002023 22269 PAID ‐‐ Regular 07/31/2022 09/06/2022 1392 09/19/2022 $ 6,156.002022 22127 PAID ‐‐ Regular 07/22/2022 07/22/2022 1126 07/22/2022 $ 13,231.00 2022 21965 PAID ‐‐ Regular 05/31/2022 07/05/2022 1056 07/06/2022 $ 778.00 Total: $ 150,004.00
Work with Price Paige & Company Invoices
October 26, 2023 Pg. 25
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 10. B

EMERGENCY ITEM
TO: The Honorable Mayor and City Council
FROM:

DATE:

RE:

Antony V. López, City Manager
October 26, 2023
Consider Authorizing the Mayor to Sign an MOU with County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project INFORMATION:

Over the last few years, the City has identified that the Avenal Cut-Off Road is in dire need of repair and replacement as a primary highway and accessway to and from Avenal. With the adoption of SB 1 Road Repair and Accountability Act in 2017, the City has designated those funds exclusively for the Avenal Cut-Off Road.

Currently the fund holds $1,597,604.60. Based on the State’s original estimates, this is far below the $10 million that was originally projected in 10 years.

As of 2022, the City Engineer’s estimate for replacing the City’s 2.5 miles (between SR 269 – the California Aqueduct bridge), was roughly $4-6 million dollars. This has prompted City Staff to delay the project until additional funding is identified and allow the SB1 fund to grow.

Earlier in 2023, at the council of governments meeting, KCAG, the County of Kings announced their plans to replace on their entire portion of the Avenal Cut-Off Road, starting in 2024. Through conversations between both City and County staff, with the Mayor’s urging, the County agreed to explore the possibility of having the City “piggyback” on their replacement project and adding the City’s 2.5 mile portion of the road to the contract.

After several meetings between both the City and County Public Works teams, an amendment was drafted to the County’s agreement with their selected consultant, Peters Engineering Group, and an MOU between the City and County laying out the framework for the County to take lead and add the City’s 2.5 miles of the Avenal Cut-Off Road. Attached are both items, outlining the amendment and fees, with the City taking responsibility in paying Peters Engineering Group, and the County providing assistance and the management of the project, while “piggybacking” on the economy of scales costs for the City’s portion once the construction phases are bided out. The plan would be to add the City’s portion of the Cut-Off as part of Phase V of the County’s project, with an estimate of that phase commending in three-five years.

RECOMMENDATION:

By Resolution, authorize the Mayor to sign Attachment A, an MOU between the City of Avenal and County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project.

FISCAL IMPACT:

With approval by both the City and County, the City will be billed directly by Peters Engineering Group for the design and management of the project. Attachment B includes the scope of services and fee schedule. The cost to engage Peters Engineering Group is estimated at 15% of the total project cost, or $349,520 with additional support by Peters. Total estimate of the cost as of today, is roughly over $2 million dollars, which will likely increase once Phase V commences in three-five years.

The Avenal Cut-Off Road project will be funded primarily by the SB 1 fund (which have been revolving for over five years), and Local Transportation Funds (LTF) if needed. 1 of 1

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A Resolution of The City Council of The City
of Avenal Authorizing the Mayor to Sign and
MOU with County of Kings for Assistance in
the Avenal Cut-Off Road Roadway
Improvements Project
RESOLUTION 2023-__43__
WHEREAS, the City intends to repair and replace its portion of the Avenal Cut-Off Road, roughly 2.5 miles within the City’s limits; and
WHEREAS, the City Engineer’s estimate to the Avenal Cut-Off Road Project is between four to six million dollars; and
WHEREAS, the County of Kings also intends to repair and replace the County portion of the Avenal Cut-Off Road in multiple phases; and
WHEREAS, after numerous conversations, the County of Kings is willing to add the City’s ~2.5 mile portion to the County’s project, bringing economies of scale to the overall cost for the City and management assistance to the overall project.

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 October _26_, 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 foregoing recitals to be true, correct and incorporated herein;

2. That the City Council of the City of Avenal does hereby authorize the Mayor to execute a Memorandum of Understanding (MOU) (Attachment A) with the County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project, adding the City’s ~2.5 miles of road to the County’s Avenal Cut-Off Road project.

3. Authorize the City Manager and relevant city staff to conduct the terms and conditions of this resolution and take all proper steps necessary and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
1 MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (this “Agreement”) is entered on _______ ________, 2023 (the “Effective Date”), between the County of Kings, a political subdivision of the State of California (the “County”), and the City of Avenal, a California municipal corporation (the “City”), with respect to the following facts:

A. The County has engaged Peters Engineering Group (the “Engineer”) to prepare Plans, Specifications, and Estimate (the “PS&E”) for a public works project commonly known as the Avenal Cut-Off Road Roadway Improvements (the “Project”). The Project will be bid and constructed in five phases.

B. The Project has undergone environmental review under the California Environmental Quality Act (“CEQA”) pursuant to the Kings County Association of Government’s Environmental Impact Report for its 2014 Regional Transportation Plan & Sustainable Communities Strategy, as supplemented by the Supplemental Environmental Impact Report for the 2018 Regional Transportation Plan & Sustainable Communities Strategy.

C. On June 27, 2023, the County’s Board of Supervisors approved the PS&E for Phase I of the Project, which has been advertised for bidders. The PS&E for the remaining four phases have been prepared but have not yet gone out to bid.

D. The City desires to add an additional 2.5 miles to the Project which will be constructed within the City’s boundaries, and the County desires to cooperate in those changes subject to the City’s agreement to pay for PS&E, construction, project management, construction management, and other costs relating to the requested changes.

E. The requested changes would be part of a later phase of the Project that has not yet been advertised for bidders, and the parties intend that the requested changes will be bid as an additive alternative to the Project as currently designed. As used in this Agreement, the City’s requested changes shall be referred to as the “Alternative Project.”
F. The County has requested a proposal from the Engineer to determine the cost to design the Alternative Project, which is attached hereto as Attachment 1.

G. The parties now desire to enter this Agreement to memorialize their rights and obligations with respect to the Alternative Project.

NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

ATTACHMENT A
2 2. Plans, Specifications, & Estimate.
a. If the City wishes to pursue the Alternative Project, then as a condition precedent to further performance by the County, the City shall pay to the County the cost of the proposal, whereupon the County shall negotiate an amendment to the Engineer’s contract to prepare plans, specifications, and estimate for the Alternative Project.
b. If the County is unable to negotiate an amendment with the Engineer, then it shall return the City’s money, and neither party shall have any further obligation under this Agreement except as set forth in Section 6. In approving this Agreement, the County’s Board of Supervisors hereby authorizes the Public Works Director to execute the amendment with the Engineer. c. If further amendments to the Engineer’s contract are required in connection with the Alternative Project, then the City shall be responsible for the additional cost.
d. Once prepared, the plans, specifications, and estimate for the Alternative Project shall be subject to approval by both parties’ governing bodies in each of their discretion.

3. Environmental Review.
a. It is agreed and understood that the approval and execution of this Agreement is not a project for purposes of CEQA in that: (1) the Alternative Project has not yet been designed, so that determining its environmental effects would be speculative at this time; and (2) proceeding with the Alternative Project is subject to contingencies set forth in Sections 2 and 4 and paragraph (d) of this Section 3, so that neither party has yet committed itself to proceeding with the Alternative Project.
b. At this time, it is anticipated that the Alternative Project will be subject to review under CEQA pursuant to Section 15164 of the CEQA Guidelines. If, however, County staff determine, in their reasonable discretion, that any of the criteria set forth in Section 15162 of the CEQA Guidelines apply, then a subsequent or supplemental environmental impact report shall be prepared pursuant to Section 15163 of the CEQA Guidelines. In such case, the County shall act as the lead agency and the City shall act as the responsible agency for purposes of CEQA. c. The County shall bear any in-kind costs associated with review of the Alternative Project under CEQA and, if applicable, under the National Environmental Quality Act, but the City shall reimburse any amounts reasonably and actually paid by the County to environmental consultants to conduct environmental studies for the Alternative Project.
3 d. As a condition precedent to either party’s obligation to proceed with the Alternative Project, both parties’ governing bodies shall make any and all findings required under CEQA for the Alternative Project at the time the plans and specifications for the Alternative Project are approved, subject to each governing body’s discretion.

4. Bidding the Alternative Project.
a. If both parties’ governing bodies approve the plans and specifications and make any findings required under Section 3(d) of this Agreement, then the Alternative Project shall be bid as described in Recital E as part of the appropriate phase of the Project (the “Phase”). For the Phase, the County shall use the Alternate Project as the basis of award.
b. The County shall award the contract for the Phase to the lowest, responsive, responsible bidder, as determined by it in its reasonable discretion. c. If the cost of the Phase with the incorporation of the Alternative Project is less than the cost of the Phase without the incorporation of the Alternative Project, then the County shall proceed with the Alternative Project at no cost to the City. d. If the Phase will be more expensive with the incorporation of the Alternative Project, then the City shall decide whether to proceed with the Alternative Project. Upon written notice to the County that the City wishes to proceed with the Alternative Project, then the City shall be obligated to reimburse the County for the Alternative Project’s additional cost. The County shall bill the City in arrears for the City’s share of the total cost of the Phase after making each progress payment to the contractor and after disbursing the retention. e. The City shall pay the undisputed amount of each invoice within thirty (30) days after the invoice is sent, and any disputed amount determined to be due shall be paid as soon as practicable after the dispute is resolved.

5. Term. The term of this Agreement shall commence on the Effective Date, and the Agreement shall continue in force until both parties have discharged any and all obligations pursuant to Section 2 to 4, above. Section 6 of this Agreement shall survive termination hereof.

6. Indemnification. Notwithstanding the provisions of Government Code Section 895 to 895.8, as the same may be amended or renumbered from time to time, and in lieu of the provisions for pro rata contribution and joint and several liability set forth therein, both parties agree to hold harmless, indemnify, and defend the other party and its officers, employees, and agents, from and against any claim, liability, damage, cause of action, penalty, lien, or cost, including reasonable attorneys’ fees and costs (collectively, “Claims”), arising from or relating to the indemnitor’s acts or omissions in connection with this Agreement, in proportion to the indemnitor’s fault, 4 and excepting any Claims arising from the indemnitees’ own gross negligence or willful misconduct.

7. Independent Contractors. The parties hereto are independent contractors, and neither party is the agent or principal of the other.

8. Interpretation. There are no third-party intended beneficiaries of this Agreement.

This Agreement shall not be construed against either party, but instead any ambiguity shall be construed in such manner as best effectuates the objects and purposes hereof.

9. Integration. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings relating to the same, whether written, oral, or implied.

10. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall continue in force to the extent necessary to effectuate the original intent of the parties as closely as possible.

11. Assignment, Waiver, & Amendments. Neither party shall assign this Agreement without the written consent of the other party. No waiver of this Agreement shall be valid unless in writing, notwithstanding the passage of time, and no waiver shall constitute a continuing waiver of the same or another provision. This Agreement may not be amended except in a writing signed by both parties.

12. Choice of Law & Venue. This Agreement shall be construed according to California law, notwithstanding conflicts of law principles. Venue for this Agreement shall be proper in Kings County, notwithstanding Code of Civil Procedure Section 394 or any other law.

13. Attorneys’ Fees. In case of any litigation arising from this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs pursuant to Civil Code Section 1717.

14. Execution. This Agreement may be executed in counterparts, each of which shall be deemed an original. This Agreement may be executed electronically, and an electronic copy or other facsimile shall be treated as an original. The signatories of this Agreement represent and warrant their authority to bind their respective parties hereto.
[Signatures on Following Page]
5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

COUNTY
By: ____________________________
Richard Valle, Chairperson of the
Board of Supervisors
ATTEST
By: ____________________________
Clerk of the Board

APPROVED AS TO FORM
By: ____________________________
County Counsel
CITY
By: ______________________________
Alvaro Preciado, Mayor
ATTEST
By: ______________________________
City Clerk

APPROVED AS TO FORM
By: _____________________________
City Attorney
862 Pollasky Avenue ♦ Clovis, California 93612 ♦ (559) 299-1544 ♦ www.peters-engineering.com Mr. Mitchell Cabrera August 16, 2023
Chief Engineer, County of Kings
1400 West Lacey Boulevard
Hanford, California 93230
Subject: Avenal Cut-Off Road- Roadway Improvements Amendment City of Avenal, Kings County, California
Dear Mr. Cabrera:

Please find enclosed our proposed scope of services and fee for the additional area within the City of Avenal limits. Our understanding of the County’s requirements for this scope of work is based on our accepted scope of work for the other phases of the project and additional coordination with County Staff.

Thank you for the opportunity to provide you with this proposal. Please feel free to call me if you have any questions.

PETERS ENGINEERING GROUP

David Peters, PE, TE
Principal Engineer
Attachment: Exhibit “A” - Scope of Services
Exhibit “B” – Fee Proposal
Exhibit “A”

SCOPE OF SERVICES
Civil Engineering, Surveying and Environmental Services for Avenal Cut-Off Road- Roadway Improvements
Kings County, California

INTRODUCTION
Peters Engineering Group (Consultant) will provide the County of Kings (Client) with engineering, surveying and environmental services for the City of Avenal’s approximately

2.55-mile portion of Avenal Cut-off Road south of the California Aqueduct to Plymouth Avenue. No reconstruction of the pavement or the bridge crossing the California Aqueduct is included. Consultant’s services for the Avenal Cut-off Roadway Improvements will result in the preparation of a 30% plan submittal for the City of Avenal’s portion of the work and add this area to Phase 5 of the current project Plans, Specifications and Estimates submittals. The project will include the following aspects:
 New pavement utilizing the Full Depth Reclamation with cement process. It is intended that the contractor would pulverize the existing pavement section and use that material mixed with cement for the base layer. No export is anticipated for the project. The final pavement design will be provided by Task 103 below.  The design cross section will be two 12’ lanes and with two 7’ shoulders. Since the existing roadway is generally elevated from the surrounding area, the shoulders will be designed with a tapered safety edge using Caltrans Standard Plan P76 Case K for a fill section.
 Centerline and edge line rumble strips per Caltrans Standard Plan A40B and A40C.

The centerline rumble strips will also contain yellow reflectors.  Minor drainage improvements, including swales and culverts to accommodate existing drainage features are anticipated.
 New street signs and striping consistent with the requirements of the 2014 California Manual on Uniform Traffic Control Devices (MUTCD)
 Locating and protecting existing underground and overhead utilities.  This portion of the project will require a 30% design that will be reviewed and approved prior to it being added to Phase 5 of the project. The entire project will be designed for 30% plans. Phase 5 will have two separate bid schedules. One will be for City of Avenal work while the other will be for Kings County work.

WORK TASKS
The Consultant will provide the following work tasks:

Design and Project Development Tasks
101 Project Coordination and Kickoff Meeting
Project management tasks include allocation and oversight of staff resources, attendance at up to two (2) additional status meetings with County Staff, coordination with County Staff, Caltrans, the City of Avenal, and other affected agencies, preparation of monthly progress reports, invoicing, schedule updates, and quality control/quality assurance spreadsheets. One of these meetings is expected with the 30% plans.

Consultant will meet with the County and City to discuss this scope of work, gain a detailed understanding of the project requirements, confirm limits for the required topographic and boundary survey, discuss existing conditions, design criteria, and the County’s most current scheduling and review requirements. Consultant will conduct a visual on-site field investigation to discuss existing conditions and confirm scope assumptions. 102 Surveys/Mapping
Consultant will provide Project Control, Topography, Right of Way, and Base Mapping for the additional project area. The anticipated scope of work associated with this task is as follows:
 Consultant will commence with a reconnaissance and assessment of existing Project Control Monumentation, densifying Project Control by setting intermediate control points at conform areas for horizontal and vertical continuity with the design drawings for the intersection. The horizontal control will be referenced on NAD83 zone IV and vertical control will be referenced to NAVD 88 datum. Consultant will locate existing centerline monuments, property corners and benchmarks for purposes of monument preservation. Consultant will obtain pertinent record data from Kings County, FEMA and utility companies, which includes parcel maps, subdivision maps, record of survey maps, assessor’s maps, roadway maps, as-built utility maps and drainage maps for the purpose of right of way rectification.  Consultant will provide survey data and mapping, which will be used for preparation of preliminary and final design plans and specifications. Permanent structures such as water tanks, fences, driveways, mailboxes, etc. shall be located. These structures may be located within existing ROW and may provide barriers to the Consultant to acquire the data. An aerial topographic survey will be conducted using high resolution Aerial Survey (UAS) mapping and select traditional ground topographic survey to acquire data for the entire site to expedite accumulation of topographic data. The deliverables will be provided in the following formats: AutoCAD drawing files (.dwg, .dxf), comma delimited ASCII files (.csv), photograph files (.jpg), Google Earth files (.kmz) and field book notes (.pdf). The drawings will include control survey data, topography survey data, and existing/proposed/future right of way data. 103 Field Investigations/Geotechnical Research
Consultant has reviewed the existing Moore Twining Associate report dated August 20, 2020, for the additional project area and is aware of the recommendations for full depth reclamation, with cement. The report provided a proposed pavement section, but noted that further analysis would be needed to obtain a mix design for the project. The following scope would be in addition to the information already provided in that report, and would establish a mix design for the project:
 The field exploration for the project will consist of nine borings within the street right of way at 3 feet deep. Consultant will utilize pavement core sampling to explore and defi ne present street conditions, layer thicknesses and subgrade conditions. A no fee encroachment permit will be acquired from the City. Traffic control will be in accordance with the CA MUTCD.
 The borings will be backfilled with cuttings and/or bentonite and will be patched to match the existing surface, if needed. The boring location will be located based on landmarks or stakes furnished by the designer.
 Prior to performing the soil boring Consultant will coordinate with Underground Service Alert to identify underground utilities.
 Laboratory testing will be performed on representative soil samples to evaluate their engineering properties. Laboratory test results will be included on the boring logs and within the geotechnical report.
 The laboratory testing program will be focused on developing mix design recommendations for the planned FDR rehabilitation of the subject roadway. Based on the data available in the referenced Moore Twining Associates report, it is anticipated that variations in the existing subgrade conditions will require mix designs for three different composite subgrade samples. Tests to evaluate compaction characteristics, gradation, and Atterberg Limits will be performed on each composite sample to determine if lime or cement should be used as a stabilizing agent.

Subsequently, each composite sample will be treated with three different amounts of cement or lime (4, 5, and 6 percent) and then tested to evaluate the treated R-value as part of the FDR analysis for this project. In addition, the 7-day compressive strength of treated samples will be evaluated consistent with Caltrans procedures. The results of the field exploration, laboratory testing, and engineering analysis will be presented in a formal report.
 The Moore Twining report identified a Full Depth Reclamation section that included Class II base rock between the HMA section and the cement treated section.

Typically, this base rock section is not included in this design. Consultant would typically specify a section with only HMA and Full Depth Reclamation with cement.

This would be our preliminary suggested design section, and would be less expensive. 104 Drainage Improvements
Consultant shall prepare surface drainage, hydraulic and hydrology, and storage calculations and plans for inclusion in the Construction Documents. Consultant will attempt to maintain existing drainage patterns for the entirety of the project. Design shall assure that the proposed pavement areas will not be subject to standing water or ponding during a 2-year storm event.

Based on review of FIRM maps, this area is located in Zone X, which is defined as the area outside of a 0.2% chance of being in the floodplain. The only area not is Zone X was in the vicinity of the Aqueduct, which was Zone A, which is a flood plain that has no base flood elevation. The elevation of the Avenal Cutoff Road in this location begins to elevate over the existing ground to rise up and over the Aqueduct.
105 Utility Coordination
Using the schematic plan prepared by the Consultant, utility companies will be contacted and a request for utility records will be made. Existing underground utilities will be incorporated in digital topographic mapping and shown in both plan and profile on the construction documents, as the information is available. The utility coordination process will be done through written and personal contact and will include submitting preliminary improvement plans to each utility company for review, comment, and design of required relocations. Plans will designate any facilities in conflict with the project.

Upon completion of the 30% plans the City, County and any other agency/utility affected by the project will be notified by mail whether relocation or other mitigations are required.

Consultant and County Staff will coordinate utility relocations with the affected utility and adhere to the requirements of Chapter 13 of the LAPM. Utilities located in this phase would receive follow-up communications with this phase expectations of going to construction. 106 Traffic/Signing and Striping
Consultant shall prepare stage construction and traffic handling plans as a part of Section 108, Construction Documents, below. These plans will be prepared in accordance with the 2014 California MUTCD and will provide for projected phasing and traffic movement through the construction zone. This project presents a unique set of challenges due to its rural setting and existing traffic patterns.

The preliminary traffic control alternative for design will be maintaining two-way traffic during construction. This would require construction of the roadway segment in three phases. The first phase would be the west 12 feet, separating with K-Rail the work area as well as the two lanes of traffic. The work zones would transition to the middle portion and concluding in the east portion of the project. It may be necessary to close the roadway entirely to perform the final lift of paving. This work could potentially be performed at night during the off-peak hours. Placement of the K-Rail and truck impacts will factor into a nigh work analysis. The successful construction phasing and traffic handling sequencing will be the strategy most efficient for the project and most cost effective for the County 107 Environmental Permitting
Consultant will prepare the appropriate California Environmental Quality Act (CEQA) environmental documents for the project in accordance with State and Federal requirements.

The project is funded by State and local resources and does not include Federal grant funding. National Environmental Policy Act (NEPA) documents will not be required for the project.

The Project proposes resurfacing of an existing roadway with all work performed within the existing Right of Way (ROW). Because the Project work is contained within the existing ROW, it is likely that the Project qualifies for a Categorical Exemption (CE) under CEQA Guidelines Section 15301(c) - Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

Consultant will review the approved Project Description to determine whether an exemption is appropriate and if the exemption is negated by an exception pursuant to CEQA Guidelines, Section 15300.2 - Exceptions. Where the Project qualifies for the exemption, it is advisable that documentation be provided showing evidence that the project is exempt by statute. The Consultant will prepare a brief Exemption Report citing the reasons that the Project qualifies for the exemption and a draft notice of exemption for review by the County. 108.1 - 30% Construction Documents
Consultant shall prepare preliminary engineering plans to be submitted to the County for horizontal and vertical design for the additional project length. This will include plan views of the project, typical cross sections, preliminary signage and striping plans, drainage plans and a design memorandum detailing the design assumptions and determinations. The 30% submittal will include the following:

Geometric Approval Drawing (GAD). Consultant will produce a plan view set of drawings for the entire project alignment that will present proposed pavement limits, proposed striping, and existing utilities. The GAD plans will be submitted and approved prior to submittal of the overall set of plans, to ensure that the plans identify desired improvements and alignments.

Roadway Design. The project will be designed to comply with County Standards Section 303 Road Appurtenances and per recommendations from the project geotechnical engineer.

The proposed cross section will include a 12’ travel lane and 7’ shoulder typical in each direction. Innovative solutions will be developed to resolve complex issues. Full Depth Reclamation was the County’s preferred alternative. In order to complete the intersections in a more efficient manner, a proposed section of HMA over Class II base could be substituted.

Caltrans 2018 Standard Specifications will be utilized. Where possible, existing fences and other owner improvements within the right of way will be maintained, in order to not disrupt the property owner’s improvements.

Striping and signage. The project will use traffic control signage per the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the 2018 Caltrans Standards. Tapered safety edge and rumble stripes on the centerline and edge lines will be incorporated into the project.

Preliminary Opinion of Probable Construction Cost. The Consultant shall prepare a preliminary construction cost estimate for the project to assist the County and the Consultant in determination of phasing for the project.

Three (3) sets of 24” x 36” plans and cost estimate and digital copies in PDF format will be submitted to the County and City for review.
108.2 - 90% Construction Documents
Upon receipt of County and City comments on the 30% submittal Consultant will prepare 90% complete plans, specifications, and estimates for the project. This portion of the project will be in. Included in the plans shall be layouts, profiles, construction detail sheets, signing and striping plans, staged construction plans, traffic handling plans, and drainage plans for the construction of the proposed improvements.

Specifications shall be prepared in County format using the 2018 Caltrans Standard Specifications. Three (3) sets of 90% plans, special provisions, and estimate per phase will be submitted to the County and City, in both hard copy and digital format. A review meeting will be held at the County and the City to discuss review comments on the 90% PS&E submittal.
108.3 - 100% Construction Documents
Consultant will review and incorporate the County’s 90% submittal comments into the 100% submittal. Minor design, plan, specification, quantity, and estimate changes are anticipated as part of this phase. A submittal of the 100% PS&E package will be made to the County and City. Digital copies of the plans, special provisions, and estimate will also be submitted to the County and City for review. If necessary, a review meeting will be held with County and City staff to resolve any final review comments.

The final contract documents will be prepared and submitted to the County and City. The transmittal will include:

One set of 24” x 36” reproducible Mylar stamped and signed plans One digital copy of final special provisions, wet signed by design engineer One flash drive with special provisions, estimate and plans in digital format Bidding and Construction Administration Services
201 Bidding Services
Consultant shall assist the County and City during the bidding phase by responding to requests for information and assisting in evaluating bids. The Consultant shall attend the prebid meeting. The Consultant will prepare a summary of the bids listed by bidders and contract items in Microsoft Excel.
202 Construction Administration Services
Consultant shall assist the County and City during the construction phase of the project by reviewing contractor submittals, responding to requests for information, and assisting in evaluations of proposed contractor change orders. The Consultant will attend the preconstruction meeting. Consultant will make three (3) site visits.

COUNTY PROVIDED INFORMATION AND SERVICES
It is anticipated that the County and City will be responsible for the following:
 Provide legible as-built plans for existing road improvements in project area  Provide all utility maps for County or City owned utilities in project area  Provide right-of-way maps in project area
 Contact USA to locate and mark all utilities in the field.  Permits and fees for project approvals.
 Any other work not specifically stated in this Scope of Services.

ADDITIONAL SERVICES
Services not specifically included herein may be requested by the County or recommended by the Consultant. These services will be considered additional work and approved by separate scope, schedule, and fee.

Listed below are examples of potential extra services.
 Attendance at public meetings or additional meetings above the number specified herein.
 If major changes to the existing topography occur after completion of the 30% plans, additional services for topographic services and drainage improvements may be required.
 Any other task not specifically stated herein.

RIGHT TO RELY
Consistent with the professional standard of care, Consultant shall be entitled to rely upon the accuracy of data and information provided by the Client or others without independent review or evaluation unless specifically required in the Scope of Services.

COMPENSATION
Consultant’s fee for the services described herein shall be in accordance with Exhibit “B” and billed to the Client on a lump sum per task basis monthly on a percent complete basis.

Bidding Services and Construction Support Services will be billed on a Time and Materials (not to exceed) basis.

EXHIBIT “B”

HOURLY RATE SCHEDULE
(Effective 1/1/23 to 12/31/23)

CLASSIFICATION RATE
Principal Civil Engineer $210/hr
Senior Civil Engineer $200/hr
Civil Engineer $175/hr
Land Surveyor $160/hr
Staff Engineer $150/hr
Draftsperson/Technician/Inspector $110/hr
Clerical $85/hr
Litigation Support $400/hr

REIMBURSABLES SCHEDULE
(Effective 1/1/23 to 12/31/23)

DESCRIPTION RATE
Mileage $0.68/mile
Travel Subsistence Actual Cost + 10%
Postage Actual Cost + 10%
Reproduction Actual Cost + 10%
Subconsultant Actual Cost + 10%
Peters Engineering Group will furnish monthly billing for work performed in accordance with previously authorized fees and the above fee schedule. Payments shall be due upon presentation and no later than 30 days from the date of original invoice. Finance charges will apply to unpaid balances.

Person-Hours
Principal
Engineer
Senior Civil
Engineer
Staff
Engineer Clerical
@ $210 /hr @ $200 /hr @ $150 /hr @ $85 /hr

1.0 101f Project Management (Phase 5)
(COA) 10 60 5 12 $500 $16,370
102 Surveys / Mapping (COA) 1 12 48 2 $400 $48,900 $59,280 103 Field Investigations/Geotechnical
Research (COA) 1 8 8 2 $100 $6,600 $9,880
104 Drainage (COA) 1 8 20 2 $100 $5,080
105 Utility Coordination (COA) 1 8 16 4 $250 $4,800
106 Traffic / Signing and Striping (COA) 2 8 24 2 $200 $5,990 107 Environmental Permitting (COA) 1 12 4 4 $200 $9,300 $13,050 108 PS&E (30% overall) (COA) 5 32 120 8 $500 $26,630
108e PS&E (Phase 5 to CDs for COA) 36 140 600 36 $500 $129,120 Total Design and Project
Development 58 288 845 72 $270,200

2.0 201 Assistance During Construction
Bidding Process (T&M) (COA) 12 30 20 12 $1,000 $13,540
202 Design Support During Construction
(T&M) (COA) 40 180 60 28 $10,000 $65,780
Total Optional Bidding and
Construction 52 210 80 40 $79,320
Total Hours 110 498 925 112 $349,520
Total
Other
Direct
Costs

CCS AES

DESIGN & PROJECT DEVELOPMENT

OPTIONAL BIDDING & CONSTRUCTION SUPPORT
Kings County Avenal Cutoff Road Reconstruction (City of Avenal Portion) Engineering Fee Proposal
Task Description KRAZAN
Peters Engineering Group

City Council/Successor Agency/Public Finance AuthorityOctober 26, 2023

City Council/Successor Agency/Public Finance Authority
October 26, 2023