Agenda — City Council/Successor Agency/Public Finance Authority, November 16, 2023

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
NOVEMBER 16, 2023; 5:15 P.M.

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

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

Study Session: 4:00PM Presentation on Refuse Rate Increases – Dan Bergmann, IGS LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2023-43
(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: 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.

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

Consider Public Employee Performance Evaluation for the Position of:
• Chief of Police

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 Presentation: Avenal Police Department -Axon Body Camera/Taser Demonstration, and new APD Patrol Vehicle.

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 26, 2023.

B. Consider Ratifying Resolution 2023-43, Authorizing an MOU with County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project.

C. Consider Ratifying Approval of Executing Victim Witness Assistance Center Operational Agreement D. Consider Approval for Capital Expenditure #2 from Wastewater Enterprise Fund for Solar PV System at the Wastewater Treatment Plant: Resolution 2023-44.

November 16, 2023 Pg. 1

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

A. Consider Approval to Issue Notice on Refuse Rate Increases - Dan Bergmann, IGS (Discussion/Action).

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

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

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

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

B. Special Presentations/Reports:
1) None

8. PUBLIC HEARING(s):

A. None.

9. OLD BUSINESS:

A. None.

10. NEW BUSINESS:

A. GIS Web Tech Presentation for Economic Development Tool for Site Selection: (Discussion/Action).

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, November 13, 2023.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
November 16, 2023 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial del Pistacho®"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA DEL 16 DE NOVIEMBRE DE 2023; 5:15 P.M.

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

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

Sesión de estudio: 4:00 p.m. Presentación sobre aumentos en la tasa de basura - Dan Bergmann, IGS
ÚLTIMA ORDENANZA: 2022-06 CIUDAD ÚLTIMA RESOLUCIÓN: 2023-43 (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: 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.

C. Personal (Código de Gobierno §54957(b)).

Considere la Evaluación del Desempeño de los Empleados Públicos para el Puesto de:
• Jefe de Policía

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.

Presentación Especial: Departamento de Policía de Avenal - Demostración de la cámara corporal Axon/Taser, y nuevo vehículo de patrulla APD.

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 26 de octubre de 2023.

B. Considere ratificar la Resolución 2023-43, que autoriza un memorando de entendimiento con el Condado de Kings para obtener asistencia en el Proyecto de Mejoras de la Carretera de Corte de Avenal.

C. Considerar la Ratificación de la Aprobación del Acuerdo Operativo del Centro de Asistencia a Víctimas y Testigos
D. Considere la aprobación del gasto de capital # 2 del Fondo Empresarial de Aguas Residuales para el sistema solar fotovoltaico en la planta de tratamiento de aguas residuales: Resolución 2023-44.

November 16, 2023 Pg. 3

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

A. Considerar la aprobación para emitir un aviso sobre aumentos en la tasa de basura - Dan Bergmann, IGS (discusión/acción).

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

A. Informes de actividad:

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

2. Reporte de Actividad del Departamento de TI: Humberto Bermúdez, Gerente de TI.

3. Informe de Actividades del Departamento de Recreación: Shelia Verdugo, Supervisora de Actividades Comunitarias.

B. Presentaciones/Informes Especiales:
1) Ninguno

8. AUDIENCIA(s) PÚBLICA(s):

A. Ninguno.

9. NEGOCIOS ANTIGUOS:

A. Ninguno.

10. NUEVOS NEGOCIOS:

A. Presentación de tecnología web SIG para la herramienta de desarrollo económico para la selección de sitios:
(discusión/acción).

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 13 de noviembre de 2023. __ /s/ María Ortiz
María Ortiz, Secretaria Municipal
November 16, 2023 Pg. 4
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629

STUDY SESSION
Study Session
November 16, 2023 Pg. 5
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629

STUDY SESSION
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: November 16, 2022
RE: Presentation on Refuse Rate Increases
INFORMATION:

Avenal’s existing refuse rates in place for many years and have not been increased.

California’s new refuse-handling laws under SB-1383 require additional collection, handling, and education around organics waste. This is being done to help reduce greenhouse gas emissions. On behalf of the city, Mid-Valley Disposal is responsible for organics compliance. As a result of the additional responsibility, and because the city’s rates needed to be updated and increased anyway, Mid-Valley has provided a new fee schedule for amount paid Mid-Valley, and the city has hired Dan Bergmann of IGS to create new rates charged to customers.

The result is an overall significant increase in some rates and new rates for commercial recycle and organics collection not previously charged. IGS has created new rates that are consistent with Mid-Valley’s fee schedule and also include cost coverage for billing and street sweeping. Mr. Bergmann will present the new rates explaining the process to determine them.

A representative of Mid-Valley will also be present at the meeting to address questions.

Following the presentation and discussion, City council will be asked to support issuing a rate increase notice to all refuse customers.

November 16, 2023 Pg. 6

CITY OF AVENAL
“Pistachio&aSitaOoIthH:oUOG”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
OCTOBER 12, 2023; 6:15 P.M.

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

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

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 6:15 p.m.

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

ABSENT: Councilman Lou Gravelle, Mayor Pro Tem Alejandro Ramirez.

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

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

Mayor Preciado announced that Close Session will be moved to the end of the City Council meeting.

Antony Lopez, City Manager would like to add an emergency item and was added after Agenda was posted. It being time sensitive add it to New Business - Item B. Consider Authorizing the Mayor to Sign and MOU with County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project.

Mayor Preciado approved Closed Session and Emergency Item and add it to New Business - Item B. Consider Authorizing the Mayor to Sign and MOU with County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project, second by Councilman Verdugo motion carried.

Roll Call Vote:

AYES: Preciado, Verdugo, Hernandez.

NOES: None.

ABSENT: Gravelle, Ramirez.

ABSTAIN: None.

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 4.

B. 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.

AGENDA ITEM NO. 5. – A.

November 16, 2023 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – October 26, 2023

Page 2 of 4 ends

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

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.

Chief Nevarez knowledge Officer Austin Rodrigues, Ed Rij and Miguel Gracida for Lifesaving efforts during a structure fire at 212 N. 7th Avenue. Also, representatives of Congressman Valadao from & Assemblyman Devon Mathies gave recognition to Austin Rodrigues, Ed Rij and Miguel Gracida and their families.

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 Concert Work for the Community Garden:

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

Roll Call Vote:

AYES: Verdugo, Hernandez, Preciado.

NOES: None.

ABSENT: Gravelle, Ramirez.

ABSTAIN: None.

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

A. Consider adopting 2023-2024 Council Norms:

City Manager Lopez reported that 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 principles, values, norms, and practices/protocols. The Council’s norms were 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. Soon, Staff will also prepare a handbook that updates and outlines the Council’s Council guiding principles, values, norms, and practices/protocols, based on the leadership trainings.

Staff recommends adopting the following the City Council norms for 2023-2024:
❖ 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 Councilman Verdugo motion to approve adopting 2023-2024 Council Norms, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Preciado.

NOES: None.

ABSENT: Gravelle, Ramirez.

ABSTAIN: None.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

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

Kao Nou Yang, Director of Community & Economic reported the following: 1) Planning Division; 2) Processing Zoning Land Use Applications, Land Division Applications and Current Planning Zoning / Land Use Permits; 3) Long Range Planning; 3) Building Division;4) Economic Development & CrisCom Company; and 5) Programs – First Time Buyers, Home Rehabilitation, Accessory Dwelling (ADU) Program.

November 16, 2023 Pg. 8
Joint Meeting City Council/Successor Agency/PFA – October 26, 2023

Page 3 of 4 ends

2. 2. Police Department Activity Report: Chief Robert Nevarez.

Chief Robert Nevarez reported the following: 1) Avenal Police Department announces the return of Police Explore; 2) Leadership Stability; 3) Recruit and Retain the Best; 4) International Model of Community Trust; 5) Amongst the safest cities in America; and, 6) Embrace wellness amongst our employees.

B. Special Presentations/Reports:
1) None.

PUBLIC HEARING(s):

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

A. None.

OLD BUSINESS:

A. None.

NEW BUSINESS:

A. Consider Authorizing Engagement with Price Paige & Company for Audit Preparation and Financial Consulting Services:

Resolution 2023-42.

Griselda Price, Director of Administrative Services reported that 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 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.

Director of Administrative Service Price continued that 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 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. PP&C have been crucial in bringing the City’s financials up to date, improving some processes, and 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. Also, 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.

RESOLUTION 2023-42: 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. Councilman Verdugo motion to approve, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Preciado.

NOES: None.

ABSENT: Gravelle, Ramirez.

ABSTAIN: None.

B. Consider Authorizing the Mayor to Sign and MOU with County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project:

City Manager Lopez reported that 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.

City Manager Lopez continues that 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 November 16, 2023 Pg. 9
Joint Meeting City Council/Successor Agency/PFA – October 26, 2023

Page 4 of 4 ends

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 aiding 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.

Staff recommends 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 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 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.

RESOLUTION 2023-43: 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. Councilman Verdugo motion to approve, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Preciado.

NOES: None.

ABSENT: Gravelle, Ramirez.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Manager Lopez reported the following: 1) thank you for a speedy meeting; 2) October 27th Trunk or Treat 5-8PM; and 3) Ice ring at Rice Park.

Mayor Preciado reported the following: 1) attended many meetings and thanked all for attending.

The City Council went into Closed Session at 7:22 p.m. Mayor Preciado re-opened meeting at 8:26 with nothing to report out of Closed Session.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 8:26 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
November 16, 2023 Pg. 10
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 5. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: November 16 2023
RE: Consider Ratifying Resolution 2023-43, Authorizing an MOU with County of Kings for Assistance in the Avenal Cut-Off Road Roadway Improvements Project
INFORMATION:

At the October 26, 2023 City Council meeting, the Council approved adding an emergency item to the agenda, and took action upon an item to consider authorizing the Mayor to sign an MOU with the County of Kings, for their assistance in the Avenal Cut-Off Road Roadway Improvements Project.

The Council approved Resolution 2023-43, 3-0 with two absent. A condition of the approval was for Staff to reintroduce the item at the following council meeting. The item information and resolution are attached.

RECOMMENDATION:

By Motion, ratify Resolution 2023-43.

November 16, 2023 Pg. 11
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 WKH 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.

November 16, 2023 Pg. 12
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.
* * * * * * * * * * * * * * * * * *
November 16, 2023 Pg. 13
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
November 16, 2023 Pg. 14
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.

November 16, 2023 Pg. 15
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, November 16, 2023 Pg. 16
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]
November 16, 2023 Pg. 17
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
November 16, 2023 Pg. 18
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
November 16, 2023 Pg. 19
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.

November 16, 2023 Pg. 20

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.

November 16, 2023 Pg. 21
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.

November 16, 2023 Pg. 22
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 November 16, 2023 Pg. 23
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.

November 16, 2023 Pg. 24
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 November 16, 2023 Pg. 25
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.

November 16, 2023 Pg. 26
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.

November 16, 2023 Pg. 27
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
November 16, 2023 Pg. 28
November 16, 2023 Pg. 29

AVENAL POLICE DEPARTMENT
317 Alpine, Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
City Council Agenda Item
TO: The Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Robert Nevarez, Police Chief
DATE: October 17, 2023
REGARDING: Victim Witness Assistance Center Operational Agreement <><><><>
INFORMATION/BACKGROUND:

Through this Operational Agreement, the King’s County District Attorney’s Victim Witness Assistance (VWA) Center and the Avenal Police Department will bolster efforts to aid rural area human trafficking victims. Each agency is making a commitment to provide this assistance by doing the following:
• VWA staff will meet quarterly with Avenal Police Staff to discuss strategies, timelines and to implement mandated services.
• VWA staff will make immediate contact with crime victims after being contacted by the Avenal PD for assistance. Avenal PD agrees to make immediate contact with and advise VWA of crimes requiring their assistance. Contact with VWA will take place through Kings County Sheriff’s Dispatch.
• VWA staff will continue their assistance by providing transportation, court advocacy, custody status information, and cross referrals for the elderly. • VWA staff will provide Avenal officers and support staff with educational materials regarding victim services, victim of crime state compensation, elder abuse awareness, con and scam awareness, along with additional educational materials. This program provides victims of crime accessibility to the jail inmate custody status. • Cross training for VWA staff and Avenal officers will be provided regarding victim services, legislation, and emergency assistance. Upon request, VWA staff will be available to assist Avenal Police personnel with death notification assistance.

Cost- There is no cost to the City of Avenal or Avenal Police Department.

November 16, 2023 Pg. 30

FISCAL IMPACT:

There is no Fiscal Impact
RECOMMENDATION:

Recommend City Council Approve this Operational Agreement. ************************************************************************

COUNCIL ACTION
Date
APPROVED: ______ DENIED: _______
November 16, 2023 Pg. 31

November 16, 2023 Pg. 32

COUNTY OF KINGS

OFFICE OF THE DISTRICT ATTORNEY
SARAH M. HACKER
1400 West Lacey Boulevard Hanford. California 93230 | 559.582.0326

OPERATIONAL AGREEMENT
The Victim Witness Program staff will meet on a quarterly basis between administrative commanders or their designees to discuss strategies, timetables, and implementation of mandated services.

Specifically, the Victim Witness program will provide the following services Victim Witness Assistance staff will make an immediate crisis intervention contact with crime victims. Law enforcement staff will notify the Victim Witness staff of crime situations requiring such services by telephone, in person, and by crime face sheets. Contact with Victim Witness Personnel for assistance after office hours shall occur through Central Dispatch.

Victim Witness Program staff will continue to provide transportation, court advocacy, custody status information, cross-referrals to other emergency assistance programs to elderly crime victims and their families.

Victim Witness Program staff will provide officers and non-sworn staff crime prevention education brochures regarding victim services, victim of crime state compensation, elder abuse awareness as well as cons and scams awareness, and local community resources, including but not limited to a VINE (Victim lnformation Everyday) brochure. This program provides victims of crime accessibility to the Kings County Jail inmate custody status.

Cross training for Victim Witness staff and law enforcement staff will be provided concerning victim services, legislation, and emergency assistance.

Upon request, Victim Witness staff will be available to assist law enforcement personnel with death notification regarding a victim of crime to the deceased's family members.

A
B
D
E
The Kings County District Attorney's Victim Witness Assistance Center and the Avenal Police Department intend to work together toward the mutual goal of providing maximum available assistance for Kings County's rural area human trafficking victims. Both agencies seek to implement the Victim Witness Assistance Program to further this goal. As such, each agency agrees to participate in the program by coordinating/providing the services set forth in this Agreement.

The Kings County District Attorney's Victim Witness Assistance Center will closely coordinate the following services with the Avenal Police Department through:

November 16, 2023 Pg. 33
We, the undersigned, as authorized representatives of the Kings County District Attorney's Victim Witness Assistance Program and the Avenal Police Department do hereby agree to enter into this Operational Agreement.

Fiscal Year 2023-2026
For: Avenal Police Department
Date: October _, 2023
Fiscal Year 2023-2026
For: Kings County Diskict Attorney
Date: october-1p,2023
District Sarah M. Hacker
Kings County District Attorney's Office
1400 W. Lacey Blvd., Building #4
Hanford, California 93230
Chief Robert Nevarez
Avenal Police Department
317 Alpine St
Avenal, CA 93204
November 16, 2023 Pg. 34

Page 1 of 1 ends

STAFF REPORT
AGENDA ITEM: Consider using sewer enterprise reserve funds to pay for construction expenditures associated with the Solar PV system until State completes agreement amendment.

MEETING DATE: November 16, 2023
PREPARED BY: Antony V. Lopez, City Manager
RECOMMENDATION:

Staff recommend that the City council authorizes the use of sewer enterprise reserve funds for pay for construction expenditures associated with the Solar PV system until State completes agreement amendment.

DISCUSSION:

The contractor in charge of installing the solar PV system at the WWTP has incurred costs associated with the installation of the racking system and mounting of the panels. Contractor proceeded with that work understanding that the costs incurred were eligible for reimbursement. After submitting a reimbursement request to the State, we were notified that the agreement had expired and the dates in the contract needed to be amended before those costs could be reimbursed. The contract amendment is being processed concurrently with the battery cost increase amendment. The Amendment is expected to be executed in January/ February of 2024 and funds are expected to be disbursed in March/April 2024.

The contractor has several outstanding subcontractor invoices and has requested payment for a portion of the work ahead of the State disbursing the funds. The following are the invoices that are being claimed for reimbursement:

Invoice No. Date Vendor Amount
377 9/25/2023 ReGen Electric $62,899.20
383 10/20/2023 ReGen Electric $52,848.60
2760001-003 8/23/2023 R&D Electric $99,750.00
Total $215,497.8
FISCAL IMPACT:

The use of sewer enterprise funds to cover the construction cost will not have a long-term fiscal impact on the City’s reserves. Once an amendment is executed, the City will be able to get reimbursed for the expenditures from the grant amount and replenish the sewer reserves.

November 16, 2023 Pg. 35
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF AVENAL AUTHORIZING
EXPENDITURE #2 FROM WASTEWATER

ENTERPRISE FUND FOR SOLAR PV SYSTEM

AT THE WASTEWATER TREATMENT PLANT
COUNCIL RESOLUTION 2023-_44_
WHEREAS, the City of Avenal holds funding in its enterprise reserve accounts for capital projects and emergency expenditures to respective funds; and
WHEREAS, the growth of the City requires investments into the City’s infrastructure to ensure continued safe operation of the City; and
WHEREAS, the City of Avenal has received a Clean Waste State Revolving Fund (CWSRF) Grant to construct a solar photovoltaic system at the City’s WWTF to power the facility; and WHEREAS, the electrical grid that supplies power to the WWTP is at capacity and the City is awaiting certain components and work from PG&E to make the system fully operational; and WHEREAS, in anticipation of items that are now delayed, the City’s contractor began work to install solar panels; and
WHEREAS, with most other work delayed until November 2024, the contractor will be awaiting payment until the next grant amendment is approved and processed by mid-2024; and WHEREAS, the cost for completed work is $215,497.80, and to remain in good standing with the Contractor, the City wishes to pay this balance ahead of waiting for reimbursement by the State.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Avenal held on November 16, 2023 by the following roll call vote:

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON April 14, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
November 16, 2023 Pg. 36
2 of 2
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Hereby:

1. Found the Recitals above are found to be true and correct.

2. Authorize the capital infrastructure expenditure of up to $215,497.80 from the Wastewater Enterprise Reserves account towards the Solar PV System Project at the Wastewater Treatment Plant.

3. These funds are expected to be reimbursed by the State Water Resources Control Board (SWRCB) through the Clean Water State Revolving Fund (CWSRF) construction grant, and are to be returned to the Wastewater Enterprise Reserves immediately upon disbursement of the expenditure.

4. Authorized the City Manager and relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.

November 16, 2023 Pg. 37

Page 1 of 1 ends

Re-gen Electric Inc.
497 W Bedford Avenue #101
Fresno, CA 93711 US
+1 5592590580
[email protected]

INVOICE

BILL TO
Kuykendall Solar
28420 Yosemite Springs Parkway, Suite E
Coarsegold, CA 93614
INVOICE 377
DATE 09/25/2023
TERMS Net 30
DUE DATE 10/25/2023

DATE DESCRIPTION QTY RATE AMOUNT
Services MS1: Mobilization 1 62,899.20 62,899.20
524.16 kW Ground Mount Solar System
Avenal Waste Water
100 Effluent Way
Avenal, CA
BALANCE DUE $62,899.20
November 16, 2023 Pg. 38

Page 1 of 1 ends

Re-gen Electric Inc.
497 W Bedford Avenue #101
Fresno, CA 93711 US
+1 5592590580
[email protected]

INVOICE

BILL TO
Kuykendall Solar
28420 Yosemite Springs Parkway, Suite E
Coarsegold, CA 93614
INVOICE 383
DATE 10/20/2023
TERMS Net 30
DUE DATE 11/19/2023

DATE DESCRIPTION QTY RATE AMOUNT
Services Inverter - Pass through (Not a part of
the contract amount)
1 52,848.60 52,848.60
524.16 kW Ground Mount Solar System
Avenal Waste Water
100 Effluent Way
Avenal, CA
BALANCE DUE $52,848.60
November 16, 2023 Pg. 39
8/23/23, 1:58 PM RedTeam Project Console
https://flex.redteam.com/rts/app/asp/tpl.projectconsoleintern.asp?contentviewlnk=ViewNODraft-Console.asp&ContactID=1&woid=2760001&mod=00&… 1/1 R & D Electric, Inc. dba R&D
Electric CSLB#1044712

INVOICE
Number: 2760001-003 Date: 08/23/2023
AM Consulting Engineers
Alfonso Manrique
919 Skyline Rd
Avenal, CA 93204
Project: 2760001 - Avenal Battery Storage AtWWTP
Work Location: City of Avenal Wastewater
Treatment Plant
100 Effluent way
Avenal, CA 93204
Remit Payment: R&D Electric
5740 Roseville Rd STE M
Sacramento, CA 95842
Due: 09/22/2023
Through: 08/23/2023
Description
Engineering complete. SGIP and Interconnection administration in submitted status. Permit issued.

Amount ($)
Current Amount 99,750.00
November 16, 2023 Pg. 40
Refuse Rate Study for City of Avenal
November 2023
Prepared by: Dan Bergmann, Principal
IGService
15 Shasta Lane
Walnut Creek, CA 94597
Email: [email protected]
Cell: 925-899-2578
1 Refuse Rate Study for City of Avenal
Purpose
The purpose of this cost-of-service refuse study is to review and modify the existing rate structure such that customers pay rates in proportion to the cost to provide specific services. As a part of this study, overall operating costs and revenue have been analyzed to evaluate reasonableness of costs, and the need to increase overall revenue. These steps are conducted to be consistent with the requirements of California’s Proposition 218.

Contracted Refuse Service
Refuse services in Avenal are provided by a private company, Mid-Valley Disposal, Inc.

Coincident with this rate study work, the agreement with Mid-Valley is being updated to include more recent legal and waste hauling requirements, including some additional services, such as the collection of organic materials.

Avenal’s role for the refuse enterprise is billing, payment collection, and limited customer services. Avenal’s personnel coordinate closely with Mid-Valley regarding new services and changes in services. Mid-Valley is paid once per month by Avenal based on the number of services in place the previous month and the fee schedule in the contract, which is different than the rates charged to customers by Avenal. The differences between Avenal’s rates and fees paid Mid-Valley covers a portion of Avenal’s billing, customer services, general overhead, street sweeper maintenance, street sweeper replacement.

This is a summarized history of the agreements with Mid-Valley:

Avenal Waste Alternatives Agreement October 1, 1995 (assigned to Mid-Valley) Mid-Valley Agreement January 1, 2000
Amendment extending January 1, 2008
Amendment extending January 1, 2014
Proposed new Agreement January 1, 2024
The proposed Mid-Valley agreement contains collection fees increasing over five years for each type of service. The new agreement also includes separate street sweeping fees, and specific terms for street sweeping.
2 Existing Rate Structure
The existing refuse rates have been in place for more than 23 years, even prior to the original agreement with Mid-Valley Disposal. In approximately 2008, an additional line item was added to customer’s bills shown as “CA RECYCLING FEE” in the amount of $4.00 per customer per month; at which time Mid-Valley increased its fees to the city to cover recycle handling costs.

Even considering the recycling fee, rates have not increased for 15 years. A significant reason that Avenal residents enjoy relatively lower rates is the proximity of the land fill to town.

Attachment 1 shows the complete existing (and proposed) rates.

Close review of the existing rates reveals several discrepancies regarding rates being set proportional to the new Mid-Valley fees for service. These differences are summarized as follows.
• The $4.00 recycling fee has been charged only to residential customers. • No recycling or organics rates exist for commercial customers; however, Mid-Valley has been providing these services.
• Multi-family service is provided based on the number of housing units rather than the actual collection equipment in place.
• The various rates for commercial bin service need to be both increased and adjusted to be proportionally consistent with each other.

In the process of preparing this refuse rate study, Mid-Valley conducted a complete inventory of service containers in the field, focusing especially on commercial service. The result provided the bin count and sizes at multi-family locations and several corrections for the existing billing system. This rate study is based on Mid-Valley’s inventory.

Historical and Projected Expense and Revenue
Historically revenues from refuse rates appear to have covered expenses. An exact determination is currently not possible due to fact that audited financials since FY2018-2019 are not available, additionally some bookkeeping entries may still be pending. A table showing historical and projected revenues and expenses is shown in Attachment 2.

The past agreements with Mid-Valley have allowed the city to collect a 15 percent franchise fee, which is compensation for Mid-Valley having the exclusive right to provide service to the City of Avenal. For example, during 2023, this 15 percent will amount to approximately $112,000.

This amount each year has been transferred to the city’s general fund. In Mid-Valley’s new agreement, the franchise fee component is removed. Mid-Valley’s representation is that its new fee schedule has been adjusted downward to consider that the city is no longer receiving the franchise fee. In practical terms, this implies that Mid-Valley’s new fees would be higher, if the city continued to collect a franchise fee.

Projected expenses can be accurately determined because almost all the city’s refuse handling cost is Mid-Valley, and Mid-Valley’s fee structure is set for the next five years. In fact, using 3 Mid-Valley’s inventory of containers in the field, total payments to Mid-Valley over the next five years have been calculated. See Attachment 3.

Historically, the refuse enterprise has not contributed to billing and customer services costs, whereas water and sewer have contributed. These contributions are included in the proposed expense model. Beyond Mid-Valley, the costs are internal to the city for billing, customer services, street sweeper maintenance, and a street sweeper replacement fund. For the first year these additional costs, when slightly offset by other revenue from late fees, total $70,000. To collect an additional $70,000 on top of Mid-Valley’s fees, the city’s rates must be set eight percent higher than the Mid-Valley fees. This is shown in Attachment 4, under the heading “Mark Up to Mid-Valley Fees.”
It is important to distinguish “revenue” increases from “rate” increases. The revenue increases are the overall increases needed each year for the entire fund. The increased revenue is the total of all the individual rate changes. Rate changes are from increasing many existing rates, decreasing a few rates to achieve fair cost-of-service pricing, and from many new rates for recycling and organics services. More specifically, the impact on individual customers should be determined by the rate increases applicable to the service they receive, not the general revenue increases each year that balance income with expenses.

To summarize, overall revenue from rates must be increased as shown below to cover the fiveyear fee structure provided by Mid-Valley and the eight percent needed by the city, as mentioned above.

Year Percent of Revenue Increase
1 30
2 10
3 10
4 5
5 5
These increases are shown at the top of Attachment 2. The result of these increases will provide a slight gain each year in the refuse fund balance. Note that the amount of revenue increases each year considers that the increases are not coincident with the beginning of each fiscal year.

Specifically, the model assumes the increases are achieved February first, such that the increases are staggered six months crossing two fiscal years each time.

Rate Design
The proposed customers rates are directly proportional to the fees charged by Mid-Valley. Each of Mid-Valley’s specific fees has been increased by eight percent to cover the city’s cost for billing, customer service, street sweeper maintenance, and street sweeper replacement. Based on the proposed 2024 rates, the city’s eight percent allocation nets $70,000 per year.

The changes to existing rates in the first year vary widely. This can be seen in the proposed rate table in Attachment 1. The large variations are caused by the changes needed in customer rates 4 to realign with the fees charged by Mid-Valley. This is necessary in order to comply with the requirements of Proposition 218, so that the services provided are in proportion to the rates charged. The largest group impacted are single-family homes with an initial increase of 25 percent. Because rates have been relatively low at $19.00 per month, the increase to $26.26 in the first year is $7.26 per month (including street sweeping at $2.50). A residential rate comparison is shown in the bar chart below.

The proposed rates include all costs for service, whereas the old rates included a separate line item on customers' billing statements in the amount of $4.00 for the recycling fee. This line item will no longer be needed.

The proposed new rates will charge multi-family customers based on the collection containers provided, not based on $19 per month per dwelling unit like single family. Interestingly, the overall increase to all multi-family customers combined is just five percent in the first year, lower than the 25 percent for single-family customers. This is logical because a typical multifamily dwelling unit tends to generate less refuse than a single-family dwelling unit since the multi-family dwellings are smaller and have no yard space.

The proposed rates include a new line item for street sweeping, starting at $2.50 per month per customer in the first year. The street sweeping rate is set to be $0.50 per month higher than the Mid-Valley cost to operate the sweeper. The $0.50 is to cover maintenance of the sweeper and 5 to provide a savings contribution for eventual replacement, as the city will continue to own the sweeper. Mid-Valley will be operating the sweeper two days per week. Mid-Valley will pay for fuel for the sweeper.

Commercial refuse rates increase as much at 51 percent. Further, new commercial rates are introduced for recycling and organics collection. This means that commercial customers will see new charges on their billing statements for these services. The comparison below is for a threeyard container picked up one time per week. For this service category, the increase is 28 percent to $100.44 per month. Even so, the resulting rate is still lower than any of the comparison cities.

Finally, for implementation purposes, Attachment 5 is a summary of all fees and rates, including the existing Avenal billing system codes where applicable. This attachment can be used to match the ongoing services with existing services, and it shows the new services that will need to be coded and added into the city’s billing system.

Conclusion
The work of this rate study results in major changes to Avenal’s refuse rates. Proposed rates are provided that are proportional to the new fees provided by Mid-Valley, including rates for recycling and organics that have not been charged before. The resultant rates are compliant with the requirements of Proposition 218 regarding cost-of-service rate setting methodology. 6 ATTACHMENT 1: Present and Proposed Rates
Year 2 Year 3 Year 4 Year 5
Proposed
Rate Change 10% 10% 5% 5%
STANDARD 3-CART SERVICE $19.00 $23.76 25% $26.14 $28.75 $30.19 $31.70 96G TRASH 1XWK EXTRA $23.00 $11.88 -48% $13.07 $14.37 $15.09 $15.85 96G RECYCLE 1XWK EXTRA $5.00 $9.72 94% $10.69 $11.76 $12.35 $12.97 96 RECYCLE 1XWK $5.00 $7.56 51% $8.32 $9.15 $9.60 $10.09 64G TRASH 1XWK none $14.04 new $15.44 $16.99 $17.84 $18.73 96G TRASH 1XWK none $14.04 new $15.44 $16.99 $17.84 $18.73 64 RECYCLE 1XWK none $7.56 new $8.32 $9.15 $9.60 $10.09 6496G ORGANICS 1XWK $15.00 $11.88 -21% $13.07 $14.37 $15.09 $15.85 1YD TRASH 1XWK $41.40 $58.32 41% $64.15 $70.57 $74.10 $77.80 2YD TRASH 1XWK $65.20 $85.32 31% $93.85 $103.24 $108.40 $113.82 2YD TRASH 2XWK $99.15 $150.12 51% $165.13 $181.65 $190.73 $200.26 3YD TRASH 1XWK $78.45 $100.44 28% $110.48 $121.53 $127.61 $133.99 3YD TRASH 2XWK $156.90 $193.32 23% $212.65 $233.92 $245.61 $257.89 3YD TRASH 3XWK $235.30 $289.44 23% $318.38 $350.22 $367.73 $386.12 3YD TRASH 5XWK none $474.12 new $521.53 $573.69 $602.37 $632.49 4YD TRASH 1XWK $99.75 $112.32 13% $123.55 $135.91 $142.70 $149.84 4YD TRASH 2XWK $164.50 $208.44 27% $229.28 $252.21 $264.82 $278.06 4YD TRASH 3XWK $263.65 $301.32 14% $331.45 $364.60 $382.83 $401.97 4YD TRASH 5XWK $394.40 $486.00 23% $534.60 $588.06 $617.46 $648.34 2YD RECYCLE 1XWK none $42.12 new $46.33 $50.97 $53.51 $56.19 2YD RECYCLE 2XWK none $73.44 new $80.78 $88.86 $93.31 $97.97 3YD RECYCLE 1XWK none $49.68 new $54.65 $60.11 $63.12 $66.27 3YD RECYCLE 2XWK none $81.00 new $89.10 $98.01 $102.91 $108.06 3YD RECYCLE 3XWK none $119.88 new $131.87 $145.05 $152.31 $159.92 4YD RECYCLE 1XWK none $65.88 new $72.47 $79.71 $83.70 $87.89 4YD RECYCLE 2XWK none $108.00 new $118.80 $130.68 $137.21 $144.07 4YD RECYCLE 3XWK none $154.44 new $169.88 $186.87 $196.22 $206.03 6YD RECYCLE 2XWK none $154.44 new $169.88 $186.87 $196.22 $206.03 LOCK none $37.80 new $41.58 $45.74 $48.02 $50.43
STREET SWEEPING none $2.50 new $2.75 $3.00 $3.25 $3.50
Refuse Rate Description
(All rates per month)
Year 1
City of Avenal Present and Proposed Refuse and Recycle Rates Proposed Rates
Present
Rates
7 ATTACHMENT 2: Historical and Projected Revenues and Expenses 1 2 3 4 5
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028
Unaudited Unaudited Unaudited Unaudited Unaudited Projected Projected Projected Projected Projected Revenues: Increase: 30% 10% 10% 5% 5%
Refuse Rates $570,937 $636,114 $558,710 $628,748 $632,760 $834,000 $1,004,000 $1,105,000 $1,191,000 $1,250,000 "California Recycle Fee" $132,615 $123,506 $103,362 $126,000 $129,000 Street Sweeping (New Fee) - - - - - 30,000 66,000 72,000 78,000 84,000 Other Revenue 9,685 7,600 12,942 12,942 10,000 10,000 10,000 10,000 10,000 10,000 Total Operating Revenue $713,237 $767,220 $675,014 $767,690 $771,760 $874,000 $1,080,000 $1,187,000 $1,279,000 $1,344,000 Operation & Maintenance Expenses: Inflation
Collection (Paid to Mid-Valley) 623,339 611,884 614,416 582,421 723,684 796,000 941,000 1,041,000 1,123,000 1,174,000 Calculated Billing and Customer Services 30,000 62,000 64,480 67,059 69,742 4.0% Street Sweeper Machine Maintenance 6,000 6,000 6,240 6,490 6,749 4.0%Street Sweeper Replacement Fund 12,000 12,000 12,480 12,979 13,498 4.0% Street Sweeping (Paid to Mid-Valley) 24,000 54,000 60,000 66,000 72,000 Included Total Operating Expenses $623,339 $611,884 $614,416 $582,421 $723,684 $868,000 $1,075,000 $1,184,200 $1,275,528 $1,335,989 Nonoperating
Interest $122 $148 $120 $139 $140 $150 $150 $150 $150 $150 Franchise Fee ($64,706) ($81,945) - - - - - - - -
Total Nonoperating ($64,584) ($81,797) $120 $139 $140 $150 $150 $150 $150 $150 Total Gain (Loss) $25,314 $73,539 $60,718 $185,408 $48,216 $6,150 $5,150 $2,950 $3,622 $8,161 Notes:

Accounting activity following FY19/20 does not appear to be fully complete in the City's trial balances.Revenues and expenses for FY23/24 are based on a 6-month, partial year.

Billing and Customer Services 62,000 based on approximately $5,000 per month Sweeper Maintenance 6,000 based on $500 per month
Sweeper Replacement 12,000 based on $1,000 per month
Less other revenue (10,000) estimate based on historical Other Revenue Total to cover city costs 70,000 per year above Mid-Valley fees 12 5,833 per month

AVENAL SOLID WASTE ENTERPRISE FUND
Historical and Projected Revenues and Expenses
For the Fiscal Years Ending June 30,
Determination of City's
Overhead Costs
8 ATTACHMENT 3: Projected Mid-Valley Fees over Five Years ServiceType RouteType Rate Code Rate Description Count MV "Current Rate" MV Current $
MV
Proposed
Rate 1/1/24
MV
Proposed
Total 1/1/24
MV
Proposed
Rate 1/1/25
MV
Proposed
Total 1/1/25
MV
Proposed
Rate 1/1/26
MV
Proposed
Total 1/1/26
MV
Proposed
Rate 1/1/27
MV
Proposed
Total 1/1/27
MV
Proposed
Rate 1/1/28
MV
Proposed
Total 1/1/28
RESIDENTIAL SL RESIDENTIAL Res 3-Ct Standard 3-Cart Service 1,875 $18.00 $33,750 $22.00 $41,250 $23.00 $43,125 $24.00 $45,000 $25.00 $46,875 $26.00 $48,750 RESIDENTIAL SL RESIDENTIAL Res 96T1E 96G TRASH 1XWK EXTRA 46 $0.00 $0 $11.00 $506 $11.00 $506 $11.00 $506 $12.00 $552 $13.00 $598RESIDENTIAL SL RESIDENTIAL Res 96R1E 96G RECYCLE 1XWK EXTRA 0 $0.00 $0 $9.00 $0 $9.00 $0 $9.00 $0 $10.00 $0 $12.00 $0 COMMERCIAL FL RECYCLE 2R1 2YD RECYCLE 1XWK 4 $0.00 $0 $39.00 $156 $46.00 $184 $55.00 $220 $58.00 $232 $61.00 $244 COMMERCIAL FL RECYCLE 2R2 2YD RECYCLE 2XWK 1 $0.00 $0 $68.00 $68 $79.00 $79 $95.00 $95 $100.00 $100 $105.00 $105 COMMERCIAL FL RECYCLE 3R1 3YD RECYCLE 1XWK 22 $0.00 $0 $46.00 $1,012 $54.00 $1,188 $65.00 $1,430 $68.00 $1,496 $72.00 $1,584 COMMERCIAL FL RECYCLE 3R2 3YD RECYCLE 2XWK 11 $0.00 $0 $75.00 $825 $88.00 $968 $105.00 $1,155 $110.00 $1,210 $116.00 $1,276COMMERCIAL FL RECYCLE 3R3 3YD RECYCLE 3XWK 7 $0.00 $0 $111.00 $777 $129.00 $903 $155.00 $1,085 $163.00 $1,141 $171.00 $1,197COMMERCIAL FL RECYCLE 4R1 4YD RECYCLE 1XWK 2 $0.00 $0 $61.00 $122 $71.00 $142 $85.00 $170 $89.00 $178 $94.00 $188 COMMERCIAL FL RECYCLE 4R2 4YD RECYCLE 2XWK 1 $0.00 $0 $100.00 $100 $117.00 $117 $140.00 $140 $147.00 $147 $154.00 $154COMMERCIAL FL RECYCLE 4R3 4YD RECYCLE 3XWK 1 $0.00 $0 $143.00 $143 $167.00 $167 $200.00 $200 $210.00 $210 $221.00 $221COMMERCIAL FL RECYCLE 6R2 6YD RECYCLE 2XWK 1 $0.00 $0 $143.00 $143 $167.00 $167 $200.00 $200 $210.00 $210 $221.00 $221EDUCATIONAL FL RECYCLE 3R1 3YD RECYCLE 1XWK 1 $0.00 $0 $46.00 $46 $54.00 $54 $65.00 $65 $68.00 $68 $72.00 $72 EDUCATIONAL FL RECYCLE 3R2 3YD RECYCLE 2XWK 3 $0.00 $0 $75.00 $225 $88.00 $264 $105.00 $315 $110.00 $330 $116.00 $348 EDUCATIONAL FL RECYCLE 3R3 3YD RECYCLE 3XWK 7 $0.00 $0 $111.00 $777 $129.00 $903 $155.00 $1,085 $163.00 $1,141 $171.00 $1,197COMMERCIAL FL TRASH 1T1 1YD TRASH 1XWK 6 $50.00 $300 $54.00 $324 $63.00 $378 $75.00 $450 $79.00 $474 $83.00 $498 COMMERCIAL FL TRASH 2T1 2YD TRASH 1XWK 11 $78.00 $858 $79.00 $869 $92.00 $1,012 $110.00 $1,210 $116.00 $1,276 $121.00 $1,331 COMMERCIAL FL TRASH 2T2 2YD TRASH 2XWK 10 $119.00 $1,190 $139.00 $1,390 $163.00 $1,630 $195.00 $1,950 $205.00 $2,050 $215.00 $2,150 COMMERCIAL FL TRASH 3T1 3YD TRASH 1XWK 15 $94.00 $1,410 $93.00 $1,395 $108.00 $1,620 $130.00 $1,950 $137.00 $2,055 $143.00 $2,145COMMERCIAL FL TRASH 3T2 3YD TRASH 2XWK 2 $188.00 $376 $179.00 $358 $208.00 $416 $250.00 $500 $263.00 $526 $276.00 $552 COMMERCIAL FL TRASH 3T3 3YD TRASH 3XWK 2 $282.00 $564 $268.00 $536 $313.00 $626 $375.00 $750 $394.00 $788 $413.00 $826 COMMERCIAL FL TRASH 4T1 4YD TRASH 1XWK 5 $120.00 $600 $104.00 $520 $121.00 $605 $145.00 $725 $152.00 $760 $160.00 $800 COMMERCIAL FL TRASH 4T2 4YD TRASH 2XWK 4 $197.00 $788 $193.00 $772 $225.00 $900 $270.00 $1,080 $284.00 $1,136 $298.00 $1,192 COMMERCIAL FL TRASH 4T3 4YD TRASH 3XWK 1 $316.00 $316 $279.00 $279 $325.00 $325 $390.00 $390 $410.00 $410 $430.00 $430 COMMERCIAL FL TRASH 4T5 4YD TRASH 5XWK 1 $473.00 $473 $450.00 $450 $525.00 $525 $630.00 $630 $662.00 $662 $695.00 $695 EDUCATIONAL FL TRASH 2T1 2YD TRASH 1XWK 1 $78.00 $78 $79.00 $79 $92.00 $92 $110.00 $110 $116.00 $116 $121.00 $121 EDUCATIONAL FL TRASH 3T1 3YD TRASH 1XWK 4 $94.00 $376 $93.00 $372 $108.00 $432 $130.00 $520 $137.00 $548 $143.00 $572EDUCATIONAL FL TRASH 3T2 3YD TRASH 2XWK 4 $188.00 $752 $179.00 $716 $208.00 $832 $250.00 $1,000 $263.00 $1,052 $276.00 $1,104 EDUCATIONAL FL TRASH 3T5 3YD TRASH 5XWK 9 $471.00 $4,239 $439.00 $3,951 $513.00 $4,617 $615.00 $5,535 $646.00 $5,814 $678.00 $6,102 EDUCATIONAL FL TRASH 4T2 4YD TRASH 2XWK 2 $197.00 $394 $193.00 $386 $225.00 $450 $270.00 $540 $284.00 $568 $298.00 $596 INDUSTRIAL FL TRASH 2T1 2YD TRASH 1XWK 1 $78.00 $78 $79.00 $79 $92.00 $92 $110.00 $110 $116.00 $116 $121.00 $121 INDUSTRIAL FL TRASH 3T1 3YD TRASH 1XWK 6 $94.00 $564 $93.00 $558 $108.00 $648 $130.00 $780 $137.00 $822 $143.00 $858INDUSTRIAL FL TRASH 3T2 3YD TRASH 2XWK 2 $188.00 $376 $179.00 $358 $208.00 $416 $250.00 $500 $263.00 $526 $276.00 $552 COMMERCIAL NONE LOCK LOCK 7 $0.00 $0 $35.00 $245 $36.00 $252 $37.00 $259 $38.00 $266 $39.00 $273EDUCATIONAL NONE LOCK LOCK 2 $0.00 $0 $35.00 $70 $36.00 $72 $37.00 $74 $38.00 $76 $39.00 $78 COMMERCIAL SL ORGANICS Com 6496G1 6496G ORGANICS 1XWK 1 $0.00 $0 $11.00 $11 $13.00 $13 $15.00 $15 $16.00 $16 $17.00 $17 EDUCATIONAL SL RECYCLE Com 64R1 64 RECYCLE 1XWK 1 $0.00 $0 $7.00 $7 $8.00 $8 $10.00 $10 $11.00 $11 $12.00 $12 COMMERCIAL SL ORGANICS Com 6496G1 6496G ORGANICS 1XWK 14 $0.00 $0 $11.00 $154 $13.00 $182 $15.00 $210 $16.00 $224 $17.00 $238EDUCATIONAL SL ORGANICS Com 6496G1 6496G ORGANICS 1XWK 5 $0.00 $0 $11.00 $55 $13.00 $65 $15.00 $75 $16.00 $80 $17.00 $85 INDUSTRIAL SL ORGANICS Com 6496G1 6496G ORGANICS 1XWK 1 $0.00 $0 $11.00 $11 $13.00 $13 $15.00 $15 $16.00 $16 $17.00 $17 COMMERCIAL SL RECYCLE Com 96R1 96 RECYCLE 1XWK 16 $0.00 $0 $7.00 $112 $8.00 $128 $10.00 $160 $11.00 $176 $12.00 $192EDUCATIONAL SL RECYCLE Com 96R1 96 RECYCLE 1XWK 3 $0.00 $0 $7.00 $21 $8.00 $24 $10.00 $30 $11.00 $33 $12.00 $36 INDUSTRIAL SL RECYCLE Com 96R1 96 RECYCLE 1XWK 1 $0.00 $0 $7.00 $7 $8.00 $8 $10.00 $10 $11.00 $11 $12.00 $12 COMMERCIAL SL TRASH Com 64T1 64G TRASH 1XWK 5 $15.60 $78 $13.00 $65 $15.00 $75 $18.00 $90 $19.00 $95 $20.00 $100 COMMERCIAL SL TRASH Com 96T1 96G TRASH 1XWK 7 $15.00 $105 $13.00 $91 $15.00 $105 $18.00 $126 $19.00 $133 $20.00 $140COMMERCIAL SPECIAL SERVICES LOCK LOCK 10 $0.00 $0 $35.00 $350 $36.00 $360 $37.00 $370 $38.00 $380 $39.00 $390 MULTI FAMILY 5+ UNITS FL RECYCLE 2R1 2YD RECYCLE 1XWK 6 $0.00 $0 $39.00 $234 $46.00 $276 $55.00 $330 $58.00 $348 $61.00 $366 MULTI FAMILY 5+ UNITS FL RECYCLE 3R1 3YD RECYCLE 1XWK 15 $0.00 $0 $46.00 $690 $54.00 $810 $65.00 $975 $68.00 $1,020 $72.00 $1,080 MULTI FAMILY 5+ UNITS FL RECYCLE 3R2 3YD RECYCLE 2XWK 5 $0.00 $0 $75.00 $375 $88.00 $440 $105.00 $525 $110.00 $550 $116.00 $580 MULTI FAMILY 5+ UNITS FL RECYCLE 3R3 3YD RECYCLE 3XWK 1 $0.00 $0 $111.00 $111 $129.00 $129 $155.00 $155 $163.00 $163 $171.00 $171 MULTI FAMILY 5+ UNITS FL TRASH 2T1 2YD TRASH 1XWK 2 $78.00 $156 $79.00 $158 $92.00 $184 $110.00 $220 $116.00 $232 $121.00 $242 MULTI FAMILY 5+ UNITS FL TRASH 2T2 2YD TRASH 2XWK 12 $119.00 $1,428 $139.00 $1,668 $163.00 $1,956 $195.00 $2,340 $205.00 $2,460 $215.00 $2,580 MULTI FAMILY 5+ UNITS FL TRASH 3T1 3YD TRASH 1XWK 7 $94.00 $658 $93.00 $651 $108.00 $756 $130.00 $910 $137.00 $959 $143.00 $1,001MULTI FAMILY 5+ UNITS FL TRASH 3T2 3YD TRASH 2XWK 15 $188.00 $2,820 $179.00 $2,685 $208.00 $3,120 $250.00 $3,750 $263.00 $3,945 $276.00 $4,140 MULTI FAMILY 5+ UNITS FL TRASH 3T3 3YD TRASH 3XWK 23 $282.00 $6,486 $268.00 $6,164 $313.00 $7,199 $375.00 $8,625 $394.00 $9,062 $413.00 $9,499 MULTI FAMILY 5+ UNITS FL TRASH 4T2 4YD TRASH 2XWK 4 $197.00 $788 $193.00 $772 $225.00 $900 $270.00 $1,080 $284.00 $1,136 $298.00 $1,192 MULTI FAMILY 5+ UNITS NONE LOCK LOCK 2 $0.00 $0 $35.00 $70 $36.00 $72 $37.00 $74 $38.00 $76 $39.00 $78 MULTI FAMILY 5+ UNITS SL ORGANICS Com 6496G1 6496G ORGANICS 1XWK 4 $0.00 $0 $11.00 $44 $13.00 $52 $15.00 $60 $16.00 $64 $17.00 $68 MULTI FAMILY 5+ UNITS SL RECYCLE Com 64R1 64 RECYCLE 1XWK 10 $0.00 $0 $7.00 $70 $8.00 $80 $10.00 $100 $11.00 $110 $12.00 $120MULTI FAMILY 5+ UNITS SL RECYCLE Com 96R1 96 RECYCLE 1XWK 7 $0.00 $0 $7.00 $49 $8.00 $56 $10.00 $70 $11.00 $77 $12.00 $84 MULTI FAMILY 5+ UNITS SL TRASH Com 64T1 64G TRASH 1XWK 10 $15.60 $156 $13.00 $130 $15.00 $150 $18.00 $180 $19.00 $190 $20.00 $200 MULTI FAMILY 5+ UNITS SL TRASH Com 96T1 96G TRASH 1XWK 10 $15.00 $150 $13.00 $130 $15.00 $150 $18.00 $180 $19.00 $190 $20.00 $200 Grand Total $60,307 $74,742 $82,018 $91,414 $95,688 $99,991 Non SF Only: 363 $26,557 $14,435 $7,276 $9,396 $4,274 $4,303 From MV Inventory 363 $26,557 24% 10% 11% 5% 4%
s/b $0 0 $0
7 $60,307 6 $74,742 6 $82,018 6 $91,414 6 $95,688
12 $723,684 5 $74,742 6 $82,018 6 $91,414 6 $95,688 6 $99,991 Year 1: $796,000 Year 2: $941,000 Year 3: $1,041,000 Year 4: $1,123,000 Year 5: $1,174,000 9 ATTACHMENT 4: Rate Model Incorporating Eight Percent for City Overhead Rate Description Count MV Proposed MV Monthly Cost Present Rate Present Revenue Mark Up to Mid-Valley Fees Proposed Rate New Revenue Yr1 Yr 2 Increase and Rates Yr 2 Revenue Yr 3 Increase and Rates Yr 3 Revenue Yr 4 Increase and Rates Yr 4 Revenue Yr 5 Increase and Rates Yr 5 Revenue 10% 10% 5% 5%
Standard 3-Cart Service 1,875 $22.00 $41,250 $19.00 $35,625 8.0% $23.76 $44,550 25% $26.14 $49,005 $28.75 $53,906 $30.19 $56,601 $31.70 $59,431 96G TRASH 1XWK EXTRA 46 $11.00 $506 $23.00 $1,058 8.0% $11.88 $546 -48% $13.07 $601 $14.37 $661 $15.09 $694 $15.85 $729 96G RECYCLE 1XWK EXTRA 0 $9.00 $0 $5.00 $0 8.0% $9.72 $0 94% $10.69 $0 $11.76 $0 $12.35 $0 $12.97 $02YD RECYCLE 1XWK 4 $39.00 $156 $0.00 $0 8.0% $42.12 $168 $46.33 $185 $50.97 $204 $53.51 $214 $56.19 $2252YD RECYCLE 2XWK 1 $68.00 $68 $0.00 $0 8.0% $73.44 $73 $80.78 $81 $88.86 $89 $93.31 $93 $97.97 $98 3YD RECYCLE 1XWK 22 $46.00 $1,012 $0.00 $0 8.0% $49.68 $1,093 $54.65 $1,202 $60.11 $1,322 $63.12 $1,389 $66.27 $1,458 3YD RECYCLE 2XWK 11 $75.00 $825 $0.00 $0 8.0% $81.00 $891 $89.10 $980 $98.01 $1,078 $102.91 $1,132 $108.06 $1,189 3YD RECYCLE 3XWK 7 $111.00 $777 $0.00 $0 8.0% $119.88 $839 $131.87 $923 $145.05 $1,015 $152.31 $1,066 $159.92 $1,119 4YD RECYCLE 1XWK 2 $61.00 $122 $0.00 $0 8.0% $65.88 $132 $72.47 $145 $79.71 $159 $83.70 $167 $87.89 $1764YD RECYCLE 2XWK 1 $100.00 $100 $0.00 $0 8.0% $108.00 $108 $118.80 $119 $130.68 $131 $137.21 $137 $144.07 $1444YD RECYCLE 3XWK 1 $143.00 $143 $0.00 $0 8.0% $154.44 $154 $169.88 $170 $186.87 $187 $196.22 $196 $206.03 $2066YD RECYCLE 2XWK 1 $143.00 $143 $0.00 $0 8.0% $154.44 $154 $169.88 $170 $186.87 $187 $196.22 $196 $206.03 $2061YD TRASH 1XWK 6 $54.00 $324 $41.40 $248 8.0% $58.32 $350 41% $64.15 $385 $70.57 $423 $74.10 $445 $77.80 $467 2YD TRASH 1XWK 11 $79.00 $869 $65.20 $717 8.0% $85.32 $939 31% $93.85 $1,032 $103.24 $1,136 $108.40 $1,192 $113.82 $1,2522YD TRASH 2XWK 10 $139.00 $1,390 $99.15 $992 8.0% $150.12 $1,501 51% $165.13 $1,651 $181.65 $1,816 $190.73 $1,907 $200.26 $2,003 3YD TRASH 1XWK 15 $93.00 $1,395 $78.45 $1,177 8.0% $100.44 $1,507 28% $110.48 $1,657 $121.53 $1,823 $127.61 $1,914 $133.99 $2,010 3YD TRASH 2XWK 2 $179.00 $358 $156.90 $314 8.0% $193.32 $387 23% $212.65 $425 $233.92 $468 $245.61 $491 $257.89 $516 3YD TRASH 3XWK 2 $268.00 $536 $235.30 $471 8.0% $289.44 $579 23% $318.38 $637 $350.22 $700 $367.73 $735 $386.12 $772 4YD TRASH 1XWK 5 $104.00 $520 $99.75 $499 8.0% $112.32 $562 13% $123.55 $618 $135.91 $680 $142.70 $714 $149.84 $749 4YD TRASH 2XWK 4 $193.00 $772 $164.50 $658 8.0% $208.44 $834 27% $229.28 $917 $252.21 $1,009 $264.82 $1,059 $278.06 $1,112 4YD TRASH 3XWK 1 $279.00 $279 $263.65 $264 8.0% $301.32 $301 14% $331.45 $331 $364.60 $365 $382.83 $383 $401.97 $402 4YD TRASH 5XWK 1 $450.00 $450 $394.40 $394 8.0% $486.00 $486 23% $534.60 $535 $588.06 $588 $617.46 $617 $648.34 $648 LOCK 7 $35.00 $245 $0.00 $0 8.0% $37.80 $265 $41.58 $291 $45.74 $320 $48.02 $336 $50.43 $353 6496G ORGANICS 1XWK 1 $11.00 $11 $15.00 $15 8.0% $11.88 $12 -21% $13.07 $13 $14.37 $14 $15.09 $15 $15.85 $16 6496G ORGANICS 1XWK 14 $11.00 $154 $15.00 $210 8.0% $11.88 $166 -21% $13.07 $183 $14.37 $201 $15.09 $211 $15.85 $222 96 RECYCLE 1XWK 16 $7.00 $112 $5.00 $80 8.0% $7.56 $121 51% $8.32 $133 $9.15 $146 $9.60 $154 $10.09 $161 64G TRASH 1XWK 5 $13.00 $65 $0.00 $0 8.0% $14.04 $70 $15.44 $77 $16.99 $85 $17.84 $89 $18.73 $94 96G TRASH 1XWK 7 $13.00 $91 $0.00 $0 8.0% $14.04 $98 $15.44 $108 $16.99 $119 $17.84 $125 $18.73 $131LOCK 10 $35.00 $350 $0.00 $0 8.0% $37.80 $378 $41.58 $416 $45.74 $457 $48.02 $480 $50.43 $504 3YD RECYCLE 1XWK 1 $46.00 $46 $0.00 $0 8.0% $49.68 $50 $54.65 $55 $60.11 $60 $63.12 $63 $66.27 $66 3YD RECYCLE 2XWK 3 $75.00 $225 $0.00 $0 8.0% $81.00 $243 $89.10 $267 $98.01 $294 $102.91 $309 $108.06 $324 3YD RECYCLE 3XWK 7 $111.00 $777 $0.00 $0 8.0% $119.88 $839 $131.87 $923 $145.05 $1,015 $152.31 $1,066 $159.92 $1,119 2YD TRASH 1XWK 1 $79.00 $79 $65.20 $65 8.0% $85.32 $85 31% $93.85 $94 $103.24 $103 $108.40 $108 $113.82 $114 3YD TRASH 1XWK 4 $93.00 $372 $78.45 $314 8.0% $100.44 $402 28% $110.48 $442 $121.53 $486 $127.61 $510 $133.99 $536 3YD TRASH 2XWK 4 $179.00 $716 $156.90 $628 8.0% $193.32 $773 23% $212.65 $851 $233.92 $936 $245.61 $982 $257.89 $1,0323YD TRASH 5XWK 9 $439.00 $3,951 $392.20 $3,530 8.0% $474.12 $4,267 21% $521.53 $4,694 $573.69 $5,163 $602.37 $5,421 $632.49 $5,692 4YD TRASH 2XWK 2 $193.00 $386 $164.50 $329 8.0% $208.44 $417 27% $229.28 $459 $252.21 $504 $264.82 $530 $278.06 $556 LOCK 2 $35.00 $70 $0.00 $0 8.0% $37.80 $76 $41.58 $83 $45.74 $91 $48.02 $96 $50.43 $101 6496G ORGANICS 1XWK 5 $11.00 $55 $15.00 $75 8.0% $11.88 $59 -21% $13.07 $65 $14.37 $72 $15.09 $75 $15.85 $79 64 RECYCLE 1XWK 1 $7.00 $7 $0.00 $0 8.0% $7.56 $8 $8.32 $8 $9.15 $9 $9.60 $10 $10.09 $10 96 RECYCLE 1XWK 3 $7.00 $21 $5.00 $15 8.0% $7.56 $23 51% $8.32 $25 $9.15 $27 $9.60 $29 $10.09 $30 2YD TRASH 1XWK 1 $79.00 $79 $65.20 $65 8.0% $85.32 $85 31% $93.85 $94 $103.24 $103 $108.40 $108 $113.82 $114 3YD TRASH 1XWK 6 $93.00 $558 $78.45 $471 8.0% $100.44 $603 28% $110.48 $663 $121.53 $729 $127.61 $766 $133.99 $804 3YD TRASH 2XWK 2 $179.00 $358 $156.90 $314 8.0% $193.32 $387 23% $212.65 $425 $233.92 $468 $245.61 $491 $257.89 $516 6496G ORGANICS 1XWK 1 $11.00 $11 $15.00 $15 8.0% $11.88 $12 -21% $13.07 $13 $14.37 $14 $15.09 $15 $15.85 $16 96 RECYCLE 1XWK 1 $7.00 $7 $5.00 $5 8.0% $7.56 $8 51% $8.32 $8 $9.15 $9 $9.60 $10 $10.09 $10 2YD RECYCLE 1XWK 6 $39.00 $234 $0.00 8.0% $42.12 $253 $46.33 $278 $50.97 $306 $53.51 $321 $56.19 $3373YD RECYCLE 1XWK 15 $46.00 $690 $0.00 8.0% $49.68 $745 $54.65 $820 $60.11 $902 $63.12 $947 $66.27 $994 3YD RECYCLE 2XWK 5 $75.00 $375 $0.00 8.0% $81.00 $405 $89.10 $446 $98.01 $490 $102.91 $515 $108.06 $540 3YD RECYCLE 3XWK 1 $111.00 $111 $0.00 8.0% $119.88 $120 $131.87 $132 $145.05 $145 $152.31 $152 $159.92 $1602YD TRASH 1XWK 2 $79.00 $158 $65.20 8.0% $85.32 $171 31% $93.85 $188 $103.24 $206 $108.40 $217 $113.82 $228 2YD TRASH 2XWK 12 $139.00 $1,668 $99.15 8.0% $150.12 $1,801 51% $165.13 $1,982 $181.65 $2,180 $190.73 $2,289 $200.26 $2,403 3YD TRASH 1XWK 7 $93.00 $651 $78.45 8.0% $100.44 $703 28% $110.48 $773 $121.53 $851 $127.61 $893 $133.99 $938 3YD TRASH 2XWK 15 $179.00 $2,685 $156.90 8.0% $193.32 $2,900 23% $212.65 $3,190 $233.92 $3,509 $245.61 $3,684 $257.89 $3,8683YD TRASH 3XWK 23 $268.00 $6,164 $235.30 8.0% $289.44 $6,657 23% $318.38 $7,323 $350.22 $8,055 $367.73 $8,458 $386.12 $8,8814YD TRASH 2XWK 4 $193.00 $772 $164.50 8.0% $208.44 $834 27% $229.28 $917 $252.21 $1,009 $264.82 $1,059 $278.06 $1,112 LOCK 2 $35.00 $70 $0.00 8.0% $37.80 $76 $41.58 $83 $45.74 $91 $48.02 $96 $50.43 $101 6496G ORGANICS 1XWK 4 $11.00 $44 $15.00 8.0% $11.88 $48 -21% $13.07 $52 $14.37 $57 $15.09 $60 $15.85 $63 64 RECYCLE 1XWK 10 $7.00 $70 $0.00 8.0% $7.56 $76 $8.32 $83 $9.15 $91 $9.60 $96 $10.09 $101 96 RECYCLE 1XWK 7 $7.00 $49 $5.00 8.0% $7.56 $53 51% $8.32 $58 $9.15 $64 $9.60 $67 $10.09 $71 64G TRASH 1XWK 10 $13.00 $130 $0.00 8.0% $14.04 $140 $15.44 $154 $16.99 $170 $17.84 $178 $18.73 $187 96G TRASH 1XWK 10 $13.00 $130 $0.00 8.0% $14.04 $140 $15.44 $154 $16.99 $170 $17.84 $178 $18.73 $187 $74,742 $62,916 $80,721 $88,793 $97,673 $102,556 $107,684 Existing/Goal $61,867 $74,742 Mid-Valley Fee Total
Existing/Goal $1,049 $5,833 City ComponentsExisting/Goal $80,575 Total from Rates Existing/Goal $146Existing/Goal Revenue increase from Refuse rates not including Sweeping: $80,340 $88,374 ($235) s/b 0 $419 s/b 0
-0.3% s/b 0 0.5% s/b 0
$14,370
10 ATTACHMENT 5: Fee and Existing Rate Table Showing Avenal’s Billing Codes MV Current
Rate
MV
Proposed
1/1/24
MV
Proposed
1/1/25
MV
Proposed
1/1/26
MV
Proposed
1/1/27
MV
Proposed
1/1/28
Avenal
Code
Avenal
Existing
SL 3-Cart Res 3-Ct Standard 3-Cart Service $18.00 $22.00 $23.00 $24.00 $25.00 $26.00 401 $19.00 SL 3-Cart Res 3-Ct 64 3-Cart Service 64 $0.00 $20.00 $21.00 $22.00 $23.00 $24.00 SL TRASH Res 96T1E 96G TRASH 1XWK EXTRA $0.00 $11.00 $11.00 $11.00 $12.00 $13.00 406 $23.00 SL RECYCLE Res 96R1E 96G RECYCLE 1XWK EXTRA $0.00 $9.00 $9.00 $9.00 $10.00 $12.00 429 $5.00 SL ORGANICS Res 96O1E 96G ORGANICS 1XWK EXTRA $0.00 $10.00 $10.00 $10.00 $11.00 $12.00 405 $15.00 SL TRASH Com 64T1 64G TRASH 1XWK $15.60 $13.00 $15.00 $18.00 $19.00 $20.00 SL TRASH Com 96T1 96G TRASH 1XWK $15.00 $13.00 $15.00 $18.00 $19.00 $20.00 SL TRASH Com 96T2 96G TRASH 2XWK $21.00 $25.00 $30.00 $32.00 $33.00 SL ORGANICS Com 6496G1 6496G ORGANICS 1XWK $0.00 $11.00 $13.00 $15.00 $16.00 $17.00 405 $15.00 SL ORGANICS Com 6496G2 6496G ORGANICS 2XWK $0.00 $21.00 $25.00 $30.00 $32.00 $33.00 $30.00 SL RECYCLE Com 64R1 64 RECYCLE 1XWK $0.00 $7.00 $8.00 $10.00 $11.00 $12.00 SL RECYCLE Com 96R1 96 RECYCLE 1XWK $0.00 $7.00 $8.00 $10.00 $11.00 $12.00 429 $5.00 SL RECYCLE Com 96R2 96 RECYCLE 2XWK $0.00 $12.00 $14.00 $17.00 $18.00 $19.00 FL TRASH 1T1 1YD TRASH 1XWK $50.00 $54.00 $63.00 $75.00 $79.00 $83.00 410 $41.40 FL TRASH 1T2 1YD TRASH 2XWK $79.00 $89.00 $104.00 $125.00 $131.00 $138.00 FL TRASH 1T3 1YD TRASH 3XWK $119.00 $125.00 $146.00 $175.00 $184.00 $193.00 FL TRASH 2T1 2YD TRASH 1XWK $78.00 $79.00 $92.00 $110.00 $116.00 $121.00 411 $65.20 FL TRASH 2T2 2YD TRASH 2XWK $119.00 $139.00 $163.00 $195.00 $205.00 $215.00 412 $99.15 FL TRASH 2T3 2YD TRASH 3XWK $158.00 $207.00 $242.00 $290.00 $305.00 $320.00 413 $131.80 FL TRASH 3T1 3YD TRASH 1XWK $94.00 $93.00 $108.00 $130.00 $137.00 $143.00 417 $78.45 FL TRASH 3T2 3YD TRASH 2XWK $188.00 $179.00 $208.00 $250.00 $263.00 $276.00 418 $156.90 FL TRASH 3T3 3YD TRASH 3XWK $282.00 $268.00 $313.00 $375.00 $394.00 $413.00 419 $235.30 FL TRASH 3T4 3YD TRASH 4XWK $377.00 $354.00 $413.00 $495.00 $520.00 $546.00 420 $313.75 FL TRASH 3T5 3YD TRASH 5XWK $471.00 $439.00 $513.00 $615.00 $646.00 $678.00 421 $392.20 FL TRASH 4T1 4YD TRASH 1XWK $120.00 $104.00 $121.00 $145.00 $152.00 $160.00 423 $99.75 FL TRASH 4T2 4YD TRASH 2XWK $197.00 $193.00 $225.00 $270.00 $284.00 $298.00 424 $164.50 FL TRASH 4T3 4YD TRASH 3XWK $316.00 $279.00 $325.00 $390.00 $410.00 $430.00 425 $263.65 FL TRASH 4T4 4YD TRASH 4XWK $395.00 $364.00 $425.00 $510.00 $536.00 $562.00 426 $329.00 FL TRASH 4T5 4YD TRASH 5XWK $473.00 $450.00 $525.00 $630.00 $662.00 $695.00 427 $394.40 FL RECYCLE 2R1 2YD RECYCLE 1XWK $0.00 $39.00 $46.00 $55.00 $58.00 $61.00 FL RECYCLE 2R2 2YD RECYCLE 2XWK $0.00 $68.00 $79.00 $95.00 $100.00 $105.00 FL RECYCLE 2R3 2YD RECYCLE 3XWK $0.00 $96.00 $113.00 $135.00 $142.00 $149.00 FL RECYCLE 3R1 3YD RECYCLE 1XWK $0.00 $46.00 $54.00 $65.00 $68.00 $72.00 FL RECYCLE 3R2 3YD RECYCLE 2XWK $0.00 $75.00 $88.00 $105.00 $110.00 $116.00 FL RECYCLE 3R3 3YD RECYCLE 3XWK $0.00 $111.00 $129.00 $155.00 $163.00 $171.00 FL RECYCLE 4R1 4YD RECYCLE 1XWK $0.00 $61.00 $71.00 $85.00 $89.00 $94.00 FL RECYCLE 4R2 4YD RECYCLE 2XWK $0.00 $100.00 $117.00 $140.00 $147.00 $154.00 FL RECYCLE 4R3 4YD RECYCLE 3XWK $0.00 $143.00 $167.00 $200.00 $210.00 $221.00 FL RECYCLE 6R1 6YD RECYCLE 1XWK $86.00 $100.00 $120.00 $126.00 $132.00 FL RECYCLE 6R2 6YD RECYCLE 2XWK $0.00 $143.00 $167.00 $200.00 $210.00 $221.00 FL RECYCLE 6R3 6YD RECYCLE 3XWK $211.00 $246.00 $295.00 $310.00 $325.00 NONE LOCK LOCK $0.00 $35.00 $36.00 $37.00 $38.00 $39.00 FL ORGANICS YDG ORGANICS PER YD 1X $0.00 $32.00 $38.00 $45.00 $45.00 $45.00 Sweeping Sweep Sweeping $2.00 $2.25 $2.50 $2.75 $3.00
Mid-Valley (MV) Avenal
RouteType Rate Code Rate Description
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: November 8, 2023
RE: Public Works Monthly Report October 2023
INFORMATION:

7300 CODE ENFORCEMENT:

Staff continues to work on property abatements and reminding citizens about water waste. The graffiti problem still exists but is more tagging than gang relate. Staff continues to work flex hours for illegal venders.

SEE ATTACHED REPORT.
8100 PARKS & LANDSCAPE:

Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport Complex, the Ken Brown Public Safety Center, and Elliott Park. We are continuing to keep two (2) restrooms open at Rice Park. The irrigation controller for the Sport Complex is repaired, now the grass is going dormant so it is still not very green.
9000 ANIMAL CONTROL DEPARTMENT:

Staff continues to maintain the Animal Shelter. The spay/neuter program is going well there were 10 for the shelter and13 for Avenal Citizens. There are still good numbers on the amount of dogs rescued.

SEE ATTACHED REPORT.
13000 STREETS:

Staff maintains city streets, signs, flags, and banners. Staff is waiting for all of the submittals from the contractor for the Seventh Ave. Road Project, we expect a schedule soon after the paper work is in. The City Engineer continues to work on the Community Center getting it ready to go to bid. 14100 WATER DISTRIBUTION:

The contractor for the 18” water line project has received the majority of the remaining parts and should resume early December. Staff continues to repair and maintain the distribution system within the City. 15000 WASTEWATER COLLECTIONS:

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

Staff continues to maintain city-owned property, vehicles, and equipment and continues monthly/quarterly reporting to SJVAPCD.

AGENDA ITEM NO. 7. A. – 1)
November 16, 2023 Pg. 52
Monthly Report
October 2023
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 16
Courtesy Verbal Abetments 27
Courtesy Door Hangers 36
Abetments Completed 66
Pending 13
Miscellaneous Complaints
Illegal Business/Expired License 01
Stop Work/No Permit 00
Illegal Occupancy 00
Illegal Venders 02
Complaints Received 03
*Phone 02
*Walk In 00
Miscellaneous Inspections 66
Miscellaneous Meetings 02
Recycling Control 00
Graffiti Control 15
Water Waste Control (verbal and/or citations) 01
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 02
Notes: Graffiti still going on. Some look like taggers now not just gangs. Still getting some vendors coming after hours or holidays as they think no one is at work.

November 16, 2023 Pg. 53
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: October 1, 2023 to October 31, 2023
Total dogs 48
RETURNED TO OWNER 0
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 6
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 25
DOGS RESCUED 17
Dogs Brought in for the month of October 11
DOG BITE(S) 0
CITATIONS 0
COMPLAINTS 15
DOOR HANGERS 6
CATS DETAINED 3
EUTHANIZED 1
RESCUED 1
REDEEMED 0
ADPOTDED 1
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 2
Cats 6
Other Animals Deceased 0
Animal Control Activity Report
City Of Avenal
Animal Control Activity Report
November 1, 2023
November 16, 2023 Pg. 54
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: October 1, 2023 to October 31, 2023
Total Dogs 36
RETURNED TO OWNER 0
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 1
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 16
DOGS RESCUED 19
Dogs Brought in for the month of October 3
DOG BITE(S) 1
CITATIONS 0
CATS DETAINED 0
EUTHANIZED 0
RESCUED 0
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 1
Deceased Animals
Dogs 6
Cats 9
Other Animals Deceased 0
Animal Control Activity Report
City Of Corcoran
Animal Control Activity Report
November 1, 2023
November 16, 2023 Pg. 55
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World” “Oasis in the Sun – Gateway to the Coast” AGENDA ITEM NO. 7- A.2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: November 14th, 2023
RE: Information Technology Monthly Report November Report 2023 CURRENT PROJECTS:

Internet:

Spectrum returns with the results of the survey, requesting a total of $20,000 in construction cost to service the Recreation Center. Staff investigates broadband grants to cover construction costs. Kings County IT updates us with the current fiber construction project for the Police Department site, stating a circuit that would comfortably service the site would be available for construction in 3-6 months from a third party vendor, being on schedule with their initial prediction.

Phone System: Staff works with Verizon on smaller needs as requested by other staff members. Continuing to work with the Police Department on deployment of mobile devices, both phones and MDT internet access. Currently on-track with Verizon to begin the GSM conversion at for the PD building at the start of 2024.

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

Server:
-Regular Security Maintenance
-Refreshing remote access server and client access.
-Continuing reorganizing documentation of all services for future reference Other:
-Assisted in a Rotary Food Distribution on November 14th -Begins overhauling the current depreciated camera systems, starting with City Hall. Notable features including object and facial recognition and remote viewing. -Attended a weekend networking event, using the opportunity to obtain enterprise level demo equipment from various vendors to aid in future projects. -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.

November 16, 2023 Pg. 56
Memo
To: Honorable Mayor and Council Members
From: Sheila J. Verdugo, Community Activities Supervisor cc: Antony V. Lopez, City Manager
Date: November 16th, 2023
Re: Community Activities Staff Report
Event Reports:
1) Rotary/City Collaboration: Pistachio Fest Oct. 20-21. The event went smoothly. Friday Night Dinner at Veteran’s Hall sponsored by Rotary and Downtown Kings Street music provided by Pastor Marcos Church. Saturday was packed full of activities; horseshoes, cornhole, movies, train rides, bbq cook-off, drawings, bingo, art exhibit (TES/AES), bounce houses, lotteria and more.
2) Oct. 23rd: Movie/Screening Avenal Pop Warner Football Program. Served 110 kids.

Program brought drinks and pizza. Staff did popcorn @2.00. 3) Family Sensory Garden and Movie Night: Oct. 25th. We had 34 participants. The Master Gardner Club had kids make pots out of recycled materials, touch, feel and smell various herbs. We provided finger foods and photo opportunities. A short 20-minute video was shown afterwards with popcorn and drinks provided. Cost was $5.00 per person.
4) ASP Trunk ‘r Treat – Oct. 25th - Anna and I went and passed out candy at this event. 5) October Community Movie Nights – Averaging 26-25. We are pausing the movies until after the first of the year.
6) Trunk r’ Treat: Oct. 27th in AHS Parking Lot. We had 19 participants and carnival games throughout the parking lot. We had costume contest with winners receiving (you guessed) more candy. We set up a S’more making area, The Wallis Family, staff and Councilmen Verdugo put up a Haunted Tunnel for the Train Ride. Antony made sure we had music for event. Javier with Oasis Auto Locksmith was our $25.00 gas card winner for the Trunk Decorating Contest. We did contest through-out the evening. It was well attended.
7) Ice Rink: Oct.19 – 29th – Based on ticket sales this was not well received by the community. Maybe it was the time of year, ticket costs, to many activities happening in town…
8) Dia de los Muertos/Alter– Nov. 1st – Wonderful event. Anna and Antony did a great job.

I gave support and shared opinions when ask/needed. Gloria Balderas served pezole, Antony and Ricardo mother’s made Abuelitas Chocolate, Antony played music and November 16, 2023 Pg. 57
2 MC’d, AHS volunteers came out and assisted (excellent group of your men and ladies), Eva’s dance groups did an amazing job sharing and interpreting dance and the history of Dia de los Muertos. The alter was beautiful and received well. Many community members brought photos, food, drink, toys and other items to remember those that have passed on.
9) Alter Contest: Anna had 4 entries this year. The winner was Lucy Gonzalez. 10) Community Garden: Concrete slab for Pavilion poured, groundwork for fountains and lights complete, still waiting on restroom quotes. WHC was going to do gate but pulled out due to not
UPCOMING:
1) Nov. 14th Food Distribution
2) Nov. 21st Operation Gobble Gobble
3) Dec. 7th at 8:00 am in Koinonia Church Learning Center Auditorium. Kings County Prevention Awards – I was nominated for a Lifetime Achievement in Prevention. 4) Dec. 9th: Holiday Magic Parade & Aria/Museum Toy Giveaway 5) Dec 12th: RSUSD Movie
6) Dec 16th: Pictures with Santa (Movie, Train Rides, Crafts and more). Rent a Toilet donating gifts again this year. Delivering before Thanksgiving 7) Dec 19-21st Santa on Patrol
8) Community Thanksgiving Dinner – Jeanne Tillitson and staff are working out details for dinner. Responsibilities are:
• Jeanne – Staff to serve/clean, turkeys, potato’s, stuffing. • City – Veggies, Ham, dinner rolls, butter, paper goods, drinks Rentals:
1) 2 – Pavilion
2) 1 – Recreation Center
November 16, 2023 Pg. 58
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. _10 A. – 1
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: November 16, 2023
SUBJECT: GIS WEB TECH FOR ECONOMIC DEVELOPMENT TOOL FOR SITE

SELECTION
BACKGROUND:

The City of Avenal has had a priority of Economic Development and Growth for the past 10 years.

One of the main City Council goals was to bring more attention and resources to Economic Development, therefore staff were directed to reach out and find strategic ideas to bring more growth and sustainability to the community.

The City’s Economic Development Plan was adopted in 2017 and laid out recommendations and policies that were adopted as part of the General plan to be implemented and executed. Policy

4.2.5 Business Attraction states that “Collaborate with real estate brokers, property owners, and other stakeholders to create and maintain an inventory of buildings and sites available for economic development.,” and Policy 4.8.3 also states “Prioritize economic development activities that will lead to jobs that provide career opportunities and living wages.” These two policies are very important to understanding the need and marketing of the city to grow economically and be able to sustain its revenue generation. With these two policies in mind, city staff has looked into many new resources and strategic planning software to help market the city and provide data and resources to potential developers, business owner, business leaders and interested parties.

One of those strategic planning software is GIS WEBTECH Services. On August 10, 2023 City Staff requested for the company to present a demonstration and a proposal to City Council with their product. After the Presentation, City Staff was given director to move forward with the proposal and have been working with the clients (GIS WEB TECH) to finalize the proposal and Contract.

This Item has been reviewed by the City Manager.

RECOMMENDATION:

Authorized the City Manager or designee to sign the Software License Agreement with GIS WEBTECH in relations to Site Selection website for Economic Development and any hereto documents in relations to the Software and Client management.

November 16, 2023 Pg. 59
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. _10 A. – 1

FINANCIAL IMPACT
Funding Source Will be from Budget Item : General Fund- Economic Development • Estimated Annual Expense: $9,534.00 Annual
• Estimated Set-up (One Time Only Fee): $2,145.00

ATTACHMENTS
• Economic Development Solution Revised Proposal For City of Avenal – GIS WEBTECH • GIS WEB TECH Contract.

November 16, 2023 Pg. 60

Page 1 of 10 ends

Software License Agreement
This Software License Agreement ("Agreement") is entered into effective November 1, 2023 (the “Effective Date”) by and between GIS WebTech LLC, ("LICENSOR"), a Georgia limited liability company, and the City of Avenal, California, ("LICENSEE"). In consideration of the mutual promises and upon the terms and conditions below, the parties agree as follows:

RECITALS:
• LICENSOR is the owner of a software solution for online site selection and analysis (“Guru”); • LICENSEE desires to obtain a license to use Guru as a Software-as-a-Service (“SAAS”) application; • LICENSOR desires to grant LICENSEE a license to use Guru as a SAAS application.

NOW, THEREFORE, in consideration of the mutual promises contained here (the receipt and sufficiency of which is hereby acknowledged) the Parties hereby agree as follows:

ARTICLE 1

LICENSE GRANT

1.1 Grant of License. Subject to the terms and conditions of this Agreement LICENSOR will provide LICENSEE with online access to Guru for use as described in Schedule A attached hereto, including updates, bug fixes, or other minor enhancements or improvements that are made generally available by LICENSOR to similarly situated clients paying similar license fees (hereafter the "Services"). Subject to the terms and conditions of this Agreement, and only upon payment in full to LICENSOR, LICENSOR grants to LICENSEE a personal, nontransferable, nonsublicensable, nonexclusive limited license to use Guru for LICENSEE'S own use, in accordance with any documentation provided by LICENSOR, to allow web site users to view and search for information about properties and related data.

1.2 License Attributes. The license for LICENSEE’s use of the Services will be personal, nontransferable, nonsublicensable, nonexclusive limited license and irrevocable except as provided herein. The license authorizes LICENSEE to use Guru for any aspect of their business in accordance with the terms of the Agreement. Any changes or additions to the Services requested by LICENSEE must be agreed in writing and signed by both parties, and LICENSEE agrees and recognizes that any such changes may require changes to agreed delivery schedules and the payment of additional fees to LICENSOR.

ARTICLE 2

PROPRIETARY RIGHTS OF LICENSOR

2.1 Restrictions on Use
LICENSEE acknowledges and agrees as follows:
(a) Although LICENSEE is permitted by LICENSOR to use Guru according to the terms and conditions herein, LICENSOR owns and forever retains sole and exclusive right to control and direct the manner or means by which Guru is provided and Services are performed. Nothing herein entitles LICENSEE to actual possession of any software. LICENSEE does not obtain any right to use, modify, duplicate or reverse engineer any aspect of Guru or the Services.
(b) LICENSEE agrees that it shall not: i) modify, decompile, translate, distribute, rent, sell, lease, license, assign or otherwise transfer all or any part of Guru or the Services (including sharing the URL providing online access to Guru) and LICENSEE's rights to use Guru and such Services, except for use by web site end-users as November 16, 2023 Pg. 61

Page 2 of 10 ends

described herein, ii) reverse engineer or otherwise attempt to discover source code or underlying ideas or algorithms of Guru or the Services, or iii) modify or create derivative works based on Guru or the Services . (c) Guru will include LICENSOR's image logo and text descriptions identifying LICENSOR's ownership, copyright notice, and links to LICENSOR websites.

ARTICLE 3

LICENSEE DUTIES AND RESPONSIBILITIES

3.1 Data and Information. LICENSEE shall make available in a timely manner at no charge to LICENSOR all technical data, programs, files, documentation, sample output, or other information and resources reasonably required by LICENSOR for the provision of the Services to LICENSEE including but not limited to the Data described in Schedule A, Section 6. LICENSEE will be responsible for, and assumes the risk of any liabilities resulting from the content, accuracy, completeness and consistency of all such data, materials and information supplied by LICENSEE. LICENSEE shall cooperate with LICENSOR and provide such assistance as LICENSOR may reasonably request in connection with LICENSOR's efforts to obtain all consents, approvals and authorizations of and cooperation from third parties which may be necessary or required in order to use the materials or information provided by LICENSEE. LICENSEE shall bear any costs (including those above and beyond LICENSOR's quoted costs) including added time resulting from LICENSEE's failure to meet its obligations.

ARTICLE 4

OWNERSHIP

4.1 LICENSEE acknowledges that, as between LICENSOR and LICENSEE, all right, title and interest in the Services including the Guru software, and any other LICENSOR materials furnished or made available hereunder, and all modifications, enhancements and improvements thereof, including all rights under copyright and patent and other intellectual property rights, belong to and are forever retained solely by LICENSOR, or LICENSOR's licensors and providers, if any. There are no implied rights.

ARTICLE 5

FEES, EXPENSES, AND TAXES

5.1 Fees. LICENSEE shall pay LICENSOR the fees listed in Schedule B according to the following schedule:
• One hundred percent (100%) of the Guru Professional Version Annual License Fee, plus one hundred percent (100%) of the Implementation Fee, plus one hundred percent (100%) of the Workforce Data Fee, plus one hundred percent (100%) of the Property Listing Data License Fee shall be due and payable at the Effective Date;
• One hundred percent (100%) of the Guru Professional Version Annual License Fee, plus one hundred percent (100%) of the Workforce Data Fee, plus one hundred percent (100%) of the Property Listing Data License Fee shall be paid thirty (30) days prior to each anniversary of the Effective Date.

During the Initial Term of this Agreement, (1) the Guru Professional Version Annual License Fee and the Workforce Data Fee may be increased at each anniversary of the Effective Date by no more than the latest 12-month Consumer Price Index as published by the United States Bureau of Labor Statistics (at https://www.bls.gov/cpi/), and (2) the Property Listing Data License Fee may be changed by LICENSOR only if the fees charged to LICENSOR for such data are increased by its data supplier(s). Effective only after the Initial Term of this Agreement, the Guru Professional Version Annual License Fee, the Workforce Data Fee and the Property Listing Data License Fee may be changed by LICENSOR with 30 days advanced, written notice. LICENSOR may cease provision of Services at any time if payment is not timely made. In addition, LICENSEE shall pay LICENSOR one and one-half percent (1.5%) interest per month on the outstanding balance of any fees or approved expenses not paid within thirty (30) days of the due date, provided LICENSOR is not in breach of this Agreement. LICENSOR provides the option to pay via credit card or debit card for LICENSEE’s convenience, and if choosing to pay via credit card or debit card LICENSEE agrees to pay an additional processing fee of 2.75%.

November 16, 2023 Pg. 62

Page 3 of 10 ends

5.2 Expenses. Provided LICENSOR has obtained prior written approval from LICENSEE, LICENSEE shall reimburse LICENSOR for all reasonable out-of-pocket expenses actually incurred by LICENSOR in performance of the Services.

5.3 Taxes. If LICENSEE is not a tax-exempt entity, LICENSEE shall pay or reimburse any and all federal, state, dominion, provincial or local sales, use, personal property, excise, or other taxes, fees or duties arising from or related to this Agreement (other than taxes based on LICENSOR's net income).

ARTICLE 6

ADDITIONAL SERVICES

6.1 Consulting, Technology Development or Other Services. In the event that LICENSEE desires LICENSOR to provide additional consulting, technology development or other services beyond the scope of the Services, then the parties shall mutually agree upon a Statement of Work describing the scope of such services, which document shall be appended to this Agreement and made a part hereof. Any additional fees for such services will be billed on a time and materials basis in accordance with the rates set forth in Section 4.1 of Schedule A unless different fees are mutually agreed in the applicable Statement of Work.

6.2 Property Data Synchs. LICENSEE recognizes and agrees that LICENSOR incurs substantial cost when setting up property data synching from third-party property data providers, and that the fees in Article 5 provide for only an initial setup of property data synching. LICENSEE agrees to pay the fee set forth in Section 4.2 of Schedule A for each time (if any) during the term of this agreement that it requires the setup of a new property data synch, whether or not the property data provider has already worked with LICENSOR. For the avoidance of doubt, LICENSOR may not charge this fee if LICENSEE stops receiving data from a third-party property data provider and instead enters and maintains property data with its own staff.

ARTICLE 7

CONFIDENTIALITY

7.1 Each party agrees to keep confidential and not disclose or use except in performance of its obligations under this Agreement, confidential or proprietary information related to the other party's technology or business, including, but not limited to: information relating to products or technology or the properties, composition, structure, use or processing thereof, computer programs, code, algorithms, schematics, data, know-how, processes, ideas, inventions, and other technical, business, financial, and product development plans, forecasts, strategies and information (all of the foregoing, "Confidential Information"). Each party shall use reasonable precautions to protect the other's Confidential Information. Confidential Information shall not include information that (a) is in or enters the public domain including in reasonably available public or government databases through no improper action or inaction by either Party; (b) was rightfully in the Receiving Party's possession or known by it prior to receipt from the Disclosing Party; (c) was rightfully disclosed to the Receiving Party by another person without restriction; or (d) was independently developed by the Receiving Party by persons without access to such information and without use of any Confidential Information of the Disclosing Party. Each party may disclose Confidential Information that is required to be disclosed by a court or other adjudicative body provided that reasonable measures are taken to minimize disclosure and guard against further disclosure, and also provided that the party gives the other party prior written notice of the proposed disclosure to allow the other party to seek protection for the Confidential Information. This obligation to keep confidential all Confidential Information shall survive this Agreement and remain for a period of two years after its termination.

ARTICLE 8

WARRANTIES

8.1 LICENSOR will use commercially reasonable efforts to provide the Services in a professional and workmanlike manner. LICENSOR MAKES, AND LICENSEE RECEIVES, NO WARRANTIES OF ANY KIND, EXPRESS, November 16, 2023 Pg. 63

Page 4 of 10 ends

IMPLIED OR STATUTORY, ARISING IN ANY WAY OUT OF, RELATED TO, OR UNDER THIS AGREEMENT OR THE

PROVISION OF MATERIALS OR SERVICES THEREUNDER, AND LICENSOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRRUPTED OR ERROR FREE.

ARTICLE 9

LIMITATION OF LIABILITY

9.1 LICENSEE AGREES THAT LICENSOR'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE ACTUAL AMOUNT PAID BY LICENSEE FOR THE SERVICES. IN NO EVENT SHALL LICENSOR HAVE ANY LIABILITY FOR ANY

SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST

PROFITS, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING IN ANY WAY OUT OF THIS AGREEMENT UNDER ANY CAUSE OF ACTION.

ARTICLE 10

TERMINATION

10.1 This Agreement will take effect on the Effective Date and will remain in effect, unless earlier terminated in accordance herein, until the third anniversary of the Effective Date (the “Initial Term” of the Agreement). At the end of such term, and each subsequent anniversary of the Effective Date, this Agreement shall renew automatically for additional one (1) year terms unless either party provides written notice of termination to the other at least sixty (60) days before the end of the then current term. Notwithstanding the foregoing, LICENSOR may immediately terminate this Agreement if LICENSOR determines that LICENSEE has failed to comply with any of the terms and conditions of this Agreement, or may terminate for convenience provided that LICENSOR offers LICENSEE a pro-rata reimbursement for the time period that the Services are not provided due to such termination for convenience. This Agreement may be terminated by either party if the other party (i) fails to pay any amount due under this Agreement within ten (10) days after written notice of such nonpayment, or (ii) commits a material breach of this Agreement, which breach, if capable of being cured, is not cured within thirty (30) days of written notice of termination. Termination by any means will not affect the provisions of this Agreement relating to the payment of amounts due, or the provisions of Sections 4, 7, 8, 9, 12 and 14 of this Agreement, all of which will survive termination of this Agreement, regardless of the reason for termination. Upon termination, all licenses and rights to the Services that are granted hereunder shall terminate, and LICENSEE shall immediately return to LICENSOR, LICENSOR proprietary and confidential information, and documentation regarding use of the Services, if any, along with a signed, written statement certifying that LICENSEE has returned to LICENSOR, and is no longer in possession of the foregoing items.

ARTICLE 11

GOVERNMENT USE

11.1 If LICENSEE is a unit or agency of any government, or licensing use of the Services by payment with government funds, the Services are provided subject to LICENSOR‘s standard commercial terms, set forth in this Agreement.

ARTICLE 12

REFERENCE

12.1 LICENSEE agrees that LICENSOR may identify LICENSEE as a customer and use its logo on its brochures, websites, and other marketing materials, and may describe the Services provided by LICENSOR to LICENSEE and include imagery and video examples of the Services in its marketing materials.

ARTICLE 13

INDEPENDENT CONTRACTOR
November 16, 2023 Pg. 64

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13.1 Each party will be and act as an independent contractor and not as an agent or partner of, or joint venture with, the other party for any purpose related to this Agreement or the transactions contemplated by this Agreement, and neither party by virtue of this Agreement will have any right, power or authority to act or create any obligation, expressed or implied, on behalf of the other party.

ARTICLE 14

GENERAL

14.1 Assignment. This Agreement is not assignable or transferable by LICENSEE without the prior written approval of LICENSOR, and any such attempted assignment or transfer shall be void and without effect.

14.2 Attorney Fees. In any action to enforce this Agreement the prevailing party will be entitled to costs and attorneys' fees.

14.3 Waiver. The waiver by either party of a breach of this Agreement or any right hereunder shall not constitute a waiver of any subsequent breach of this Agreement; nor shall any delay by either party to exercise any right under this Agreement operate as a waiver of any such right. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

14.4 Governing Law. This Agreement and any disputes hereunder shall be governed by the laws of the State of Georgia.

ARTICLE 15

ENTIRE AGREEMENT

15.1 This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior agreements, discussions, express or implied, concerning such matters.

Any modifications of this Agreement must be in writing and signed by both parties hereto. The Agreement shall take precedence over any additional conflicting terms which may be contained in LICENSEE’s purchase order or other acknowledgement forms.

IN WITNESS THEREOF, each of the Parties hereto has caused this Agreement to be executed by its duly authorized representative on the data first set forth above.

GIS WebTech LLC LICENSEE
Signature: Signature:

Name: Ronald P. Bertasi Name:

Title: CEO Title:

Date: September 29, 2023 Date:

November 16, 2023 Pg. 65

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SCHEDULE A
Statement of Work

1.0 SERVICES DESCRIPTION
The Services shall be the provision of software functionality on an online basis via the Internet. The functionality of the Services will include the following:

1.1 Basemaps
Users will be able to view basemaps offered by Esri, as Esri may change from time to time. Esri currently offers approximately 12 separate basemaps showcasing streets, terrain and topography, as well as basemaps designed to allow layers to stand out.

1.2 Search and Reporting
• Property Search and Reporting
o Site users will be able to search for available commercial property based on user-defined information such as minimum and maximum size and type of use. o Site users will be able to generate property brochures for available properties. o LICENSEE is responsible for providing property data for display in the software, through (1) provision of electronic property data to LICENSOR, or (2) direct entry of property data by LICENSEE, or (3) direct entry by third parties provided access by LICENSEE as described further in section 1.5(a) below.
• Community Search and Reporting
o Site users will be able to search, view and generate Esri reports for communities within the project geography.
• Custom Reporting
o Site users will be able to generate Esri reports from a dropped pin location or from within a custom-drawn shape.

1.3 Layers
• Thematic Maps
o The data reports and variables made available by Esri via their GeoEnrichment API will be made fully available for thematic mapping in Guru
• Community Layers
o LICENSEE, or LICENSOR acting on behalf of LICENSEE, will be able to add layers to Guru from any layers in LICENSEE’s ArcGIS Online account or the account of a third-party providing authorization.

1.4 Sharing
Site users can perform the following sharing functions:
• Export data into MS Excel, Adobe PDF
• Export links to copy into an ArcGIS online account
• Share a property on social media sites, such as, Facebook, Twitter, LinkedIn November 16, 2023 Pg. 66

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1.5 Administrative Tool Features

1.5 (a) Property Management for External Users
Authorized third-party individuals may add an available property, delete a property that has been leased or purchased, and modify information for a property. Guru provides functionality to allow LICENSEE to offer individual security logins and passwords so that only the individual who added the property, and who has the appropriate login and password, will be able to view or delete the property. As provided, Guru will also check for the ID of the broker before deleting information. A login and a password will also be required in order to add or delete a property.

Both the third-party individual’s login database and Property Listing database will be maintained on a server running the Guru software.

Third-party individuals can also add photo images and/or document attachments that will appear on the property report. A file size limit of 1 MB will be required for each file.

Properties that cannot be geocoded to ArcGIS Online will be excluded from the database of properties.

LICENSEE understands and agrees that, with the sole exception of the individual security logins and passwords described above for the purposes of entering and maintaining property data, only users in LICENSEE’S organization are authorized to log in and/or utilize any portion of the Administrative area of Guru. In no case shall any other third party be provided login credentials or authorized to log in to LICENSEE’s installation of Guru and utilize the Administrative functions of Guru.

1.5 (b) Layer Control
LICENSEE, or LICENSOR acting on behalf of LICENSEE, will be able to add layers to Guru from any layers in LICENSEE’s ArcGIS Online account or the account of a third-party providing authorization.

1.5 (c) Permission Privilege
LICENSEE is enabled to provide secured user-specific access (via unique username and password) to external users to non-public community layers.

1.6 Available Esri Reports
Users will be able to produce reports offered by Esri, as Esri may change from time to time. Esri currently offers approximately 50 separate reports providing detailed demographic, business and economic data.

1.7 Workforce Data
Workforce data is incorporated into Guru from workforce data supplier(s) subject to the terms of marketing alliance(s) maintained by LICENSOR with those supplier(s). LICENSOR reserves the right to switch workforce data providers at any time.

2.0 SERVICE

2.1 Delivery and Installation. LICENSOR will make the Services available to LICENSEE as a SAAS solution in accordance with a mutually agreed project schedule.

November 16, 2023 Pg. 67

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2.2 Maintenance. LICENSEE agrees and understands that routine maintenance by LICENSOR’s internet service provider or hosting facilities may cause temporary downtime, and that loss of connectivity by LICENSEE and its users to the hosted services due to reasons which are beyond LICENSOR’s reasonable control may occur from time to time, and agrees that the LICENSOR shall not be responsible for such loss of connectivity. LICENSEE recognizes and agrees that users should have access to high-speed internet connections for best performance.

2.3 Hosting. LICENSEE has engaged LICENSOR to implement and provide the Services as a LICENSEE of a SAAS solution through an online web-hosted portal. As context dictates, Services will also refer to any proprietary or third-party software or infrastructure used by the LICENSOR to provide such Services. LICENSOR will provide a suitable hosting environment for the Services.

2.3(a). Uptime Commitment. After implementation of the site is completed, LICENSEE and end users will be able to access and use the Services twenty-four hours a day, seven days a week. The Services will be fully functional in accordance with the Agreement. LICENSOR will use commercially reasonable efforts to make the Services available at least ninety-seven percent (97%) of the time during each calendar month of the term, excluding: (a) scheduled maintenance, emergency maintenance, and scheduled updates (which, when possible will be identified in advance to LICENSEE in writing and scheduled during off hours); (b) access or use problems related to the failure of the LICENSEE’s site or solution; (c) access or use problems associated with LICENSEE’s failure to use the Services within the operational directions, specifications, and requirements established by LICENSOR; (d) access or use problems caused by software, patches, updates, or upgrades installed by LICENSEE on its site; (e) access or use problems caused by LICENSEE’s users, representatives, or employees; (f) access or use problems caused by LICENSEE’s personal device or internet service provider (subsections (b) through (f) above being referred to as “Excused Delays”.

2.4 Help and Training. LICENSOR will provide help and training to enable LICENSEE to properly test and use the Services. Training is approximately 4.0 hours and will be delivered via webcast.

2.5 Support. Support means LICENSOR will (i) correct deficiencies, and (ii) be accessible by telephone during normal business of LICENSEE on regular business days to answer questions about the Services.

3.0 IMPLEMENTATION SCHEDULE
The implementation schedule will be mutually agreed between the parties.

4.0 FEES FOR ADDITIONAL SERVICES

4.1 Time and Material Rates. Time and material rates are established as follows:
• Staff: $165.00 / Hour
• Senior Staff (CEO, COO, CTO): $250.00 / Hour
• Travel related expenses and other out-of-pocket expenses: passed through to LICENSEE for reimbursement at cost with no mark up

4.2 Property Data. Should LICENSEE switch property data providers during the term of this Agreement the fee for each additional setup for property data synching from third-party property data providers is $1,450.

5.0 GEOGRAPHIC SCOPE
The geographic scope of the Services provided to LICENSEE will be the City of Avenal, California unless mutually agreed otherwise.

6.0 LICENSEE REQUIREMENTS
November 16, 2023 Pg. 68

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Provided is a list of requirements to be furnished by the LICENSEE to LICENSOR at the start of the project. Failure by LICENSEE to provide this data or information shall not affect or delay payment of any fees due to LICENSOR under Article 5 of this Agreement nor relieve LICENSEE of any other obligations under this agreement.

Introduction to, access to, and support in discussions with key stakeholders, to include:
• Internal stakeholders (e.g. IT team, GIS, Marketing, etc.) • External partners including Esri, 3rd party data providers, website developers, and others whose cooperation is required to deliver the Services
Data
• Property listing data (required format to be supplied by GIS WebTech) • Business listing data in the event LICENSOR is no longer able to provide it (required format: excel or csv unless agreed otherwise by GIS WebTech)
Images
• Organization logo, photos use for the user interface
November 16, 2023 Pg. 69

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SCHEDULE B
Fees

1. Guru Solution & Data Handling Recurring Basis Fee
Guru Professional Version Annual License Fee Annual $6,380 /yr Workforce Data Fee Annual $754 /yr
Complete Esri Demographic and Economic
Data Set
Annual Included
Hosting Annual Included

2. Configuration, Implementation & Training
Implementation Fee One-time $2,145
Training Unlimited Included

3. Guru Technical Support
Technical Support Annual Included

4. Optional Items
Property Listing Data License Fee Annual $2,400 / yr
November 16, 2023 Pg. 70
Economic Development
Solution Proposal for
September 29, 2023
November 16, 2023 Pg. 71
Thanks for considering GIS WebTech!
Our all-new Guru solution is designed to help attract new businesses and retain and expand existing businesses.

The following pages provide specific examples of Guru’s advantages in each of these four areas.

Please feel free to contact either of us with questions. We look forward to serving your technology and data needs!
Courtney Bridger Ron Bertasi
Director of Business Development Chief Executive Officer [email protected] [email protected]
714.418.8559 404.535.1261
Introduction
All information in this document is confidential and intended solely for the use of the named recipient and 2 may not be shared, reproduced, copied or forwarded without the written consent of GIS WebTech LLC.

Guru provides your organization the
best tools for winning in the
competitive world of economic
development.

1. Best Technology

2. Best Data

3. Best User Experience

4. Best Value
Record Results
75% of our customers achieve
record performance in the year
after they implement GIS
WebTech’s solution, as
measured by
capital
investment
and/or job
creation.

November 16, 2023 Pg. 72
All information in this document is confidential and intended solely for the use of the named recipient and 3 may not be shared, reproduced, copied or forwarded without the written consent of GIS WebTech LLC.

Only Guru lets you add the local data that makes your community stand out!
Guru’s Unmatched Technology
Example: Adding Local Data
Want to add data for a meeting with a prospect?
Just drag a spreadsheet onto the map and Guru
adds the data to the map, automatically.

Highlight industry clusters, suppliers, or any data
relevant to your prospect!
Add local information to the What’s Nearby
function: parks, transit, bike lanes, attractions, or
any data that makes your community stand out!
Integrate local data layers from your city,
county and utility GIS departments, such as
the zoning layer picture here.

November 16, 2023 Pg. 73
Guru’s Unmatched Technology
Example: Property Layers
All information in this document is confidential and intended solely for the use of the named recipient and may not be shared, reproduced, copied or forwarded without the written consent of GIS WebTech LLC. 4 • Simply assign layers to a property, and when a user opens that property Guru automatically opens the layers you selected and zooms to the site…
• …ensuring your prospect sees the data layers you want them to see, every time!
In this example, the user
selects an industrial
property and Guru
immediately opens the
Electric Transmission Lines
layer. The prospect sees
high voltage power is
readily accessible
November 16, 2023 Pg. 74
Guru’s Unmatched Technology
Example: Virtual Spec Buildings
All information in this document is confidential and intended solely for the use of the named recipient and may not be shared, reproduced, copied or forwarded without the written consent of GIS WebTech LLC. 5 • Guru includes a suite of 3D spec buildings, allowing you to showcase specific use cases: manufacturing, warehouse,
distribution, and more
• Best of all, 3D spec buildings are included free and use is unlimited!
Guru automatically
adds a 3D label to
the property
thumbnail, and when
a user clicks on the
Simply select the
3D building in the
administrative
panel, and drop a
pin on the map to
locate it. It is that
easy!
property Guru automatically opens it in 3D!
November 16, 2023 Pg. 75
All information in this document is confidential and intended solely for the use of the named recipient and 6 may not be shared, reproduced, copied or forwarded without the written consent of GIS WebTech LLC.

Guru’s Unmatched Data
Example: Demographics & Workforce
Guru’s clean and well-organized user interface
provides one-click access to demographic and
workforce data at all times – right at the top
of the map!
Guru integrates
workforce data from the
two premier providers:

Lightcast (formerly Emsi)
and Chmura
Only Guru provides realtime access to the entire
Esri data set, because only
Guru is built natively on
the Esri platform
November 16, 2023 Pg. 76
7 All information in this document is confidential and intended solely for the use of the named recipient and may not be shared, reproduced, copied or forwarded without the written consent of GIS WebTech LLC.

Read our blog on the importance of user experience at www.giswebtech.com:

Guru’s Unmatched User Experience
Example: Intuitive Design
Guru features the latest in app design,
including a simple and efficient user
interface modeled on GIS apps people
already know and use, like Zillow
November 16, 2023 Pg. 77
• We believe service is just as important
as technology, and we pride ourselves
on working closely with our customers
to help them achieve their goals
• How satisfied are our clients? Our
retention rate is over 97%, the highest
in the industry
• Not only that, but our customers are
our best sales people – many of our
clients have come from customer
referrals
• Want to find out for yourself how our
customers view our service as well as
our technology? Just let us know. We
would be happy to provide references –
or just call a few of our customers
All information in this document is confidential and intended solely for the use of the named recipient and may not be shared, reproduced, copied or forwarded without the written consent of GIS WebTech LLC.

GIS WebTech Best Value
Great Technology and Great Service
November 16, 2023 Pg. 78
Simple and Competitive Fees
All information in this document is confidential and intended solely for the use of the named recipient and 9 may not be shared, reproduced, copied or forwarded without the written consent of GIS WebTech LLC.

Fee Structure
Proposal Assumptions and Notes
Pricing assumes a three-year contract and is valid for 60 days from the date of this proposal unless extended in writing by GIS WebTech
For your convenience, optional property data is included via subcontract at cost with no markup by GIS WebTech. Fee increases from the property data provider, if any, will be passed through to the City of Avenal.

Please contact us with any questions

1. Guru Solution & Data Handling Recurring Basis Fee
Guru Professional Version Annual $6,380 /yr
Workforce Data Annual $754 /yr
Complete Esri Demographic and Economic Data Set Annual Included Hosting Annual Included

2. Guru Set-Up
Configuration, Implementation & Training One-time $2,145

3. Guru Technical Support
Technical Support Annual Included

4. Optional Items
Moody’s Catylist Property Data Annual $2,400 /yr
November 16, 2023 Pg. 79

City Council/Successor Agency/Public Finance AuthorityNovember 16, 2023

City Council/Successor Agency/Public Finance Authority
November 16, 2023