City Council/Successor Agency/Public Finance Authority
December 14, 2023

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
December 14, 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: None
LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2023-44
(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 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.

2. 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.

3. Property Description: APN: 040-165-007 Negotiator(s): City Manager/City Attorney/CrisCom.

Party with whom negotiating: County of Kings/State of California. Instructions to negotiator concerning:

Terms
B. Personnel (Government Code §54957(b)).

Consider Public Employee Performance Evaluation for the Positions of:
• Chief of Police
• Community & Economic Development Director

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.

5. CONSENT CALENDAR:

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

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for November 16, 2023.

B. Consider Expenditure of Funds to Repair Lift Pump No. 2 at Water Treatment Plant No. 2.

C. Consider Amending Personnel Policy to Clarify Paid Holidays (Resolution 2023-45).

December 14, 2023 Pg. 1

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

A. Proclamation Recognizing Avenal Rotary Club’s 87 Years of Existence (Discussion/Action).

B. Discuss Legislative Priorities for the 2024 Legislative Session (Discussion/Action).

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

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

2. Police Department Activity Report: Robert A. Nevarez, Chief of Police B. Special Presentations/Reports:
1) None.

8. PUBLIC HEARING(s):

A. Consider Close-Out of the 2016 CDBG Grant (16-CDBG-11133). a. Staff Report
b. Public Hearing
c. Discussion/Action

9. OLD BUSINESS:

A. None.

10. NEW BUSINESS:

A. Consider Entering into an Agreement with A&M Consulting Engineers for On-Call Engineering Services (Resolution 2023-46).

B. Consider Caltrans Maintenance Agreement as part of Clean California Grant, for SR 269 (Skyline) and SR 33 (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, December 11, 2023.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
December 14, 2023 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 14 de diciembre 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: Ninguna
ÚLTIMA ORDENANZA: 2022-06 ÚLTIMA RESOLUCIÓN DE LA CIUDAD:
2023-44
(SA) ÚLTIMA RESOLUCIÓN: 2023-02 ÚLTIMA RESOLUCIÓN DE LA PFA:
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 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; y 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.

2. Descripción de la propiedad: APN: 038-290-028-000 Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad
Parte con quien se negocia: Ross Family Properties LLC. Instrucciones para el negociador con respecto a:

Condiciones de pago.

3. Descripción de la propiedad: APN: 040-165-007 Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad/CrisCom.

Parte con la que se negocia: Condado de Kings/Estado de California. Instrucciones al negociador relativas a:

Términos
B. Personal (Código de Gobierno §54957(b)).

Considere la Evaluación del Desempeño de los Empleados Públicos para los Puestos de:
• Jefe de Policía
• Director de Desarrollo Económico y Comunitario

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.

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 minutas de la Ciudad de Avenal/Agencia Sucesora para el 16 de noviembre de 2023.

B.

December
Considerar el gasto de fondos para reparar la bomba de elevación No. 2 en la Planta de Tratamiento de Agua 14, 2023 Pg. 3
No. 2.

C. Considerar la posibilidad de modificar la política de personal para aclarar los días festivos pagados (Resolución 2023-45).

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

A. Proclamación en reconocimiento de los 87 años de existencia del Club Rotario Avenal (discusión/acción).

B. Discutir las prioridades legislativas para la sesión legislativa de 2024 (discusión/acción).

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

A. Informes de actividad:

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

2. Informe de Actividad del Departamento de Policía: Robert A. Nevarez, Jefe de Policía B. Presentaciones/Informes Especiales:
1) Ninguno.

8. AUDIENCIA(s) PÚBLICA(s):

A. Considere el cierre de la subvención CDBG 2016 (16-CDBG-11133). a. Informe del personal
b. Audiencia Pública
c. Discusión/Acción

9. NEGOCIOS ANTIGUOS:

A. Ninguno.

10. NUEVOS NEGOCIOS:

A. Considere la posibilidad de celebrar un acuerdo con A&M Consulting Engineers para servicios de ingeniería de guardia (Resolución 2023-46).

B. Considere el Acuerdo de Mantenimiento de Caltrans como parte de la Subvención de California Limpia, para la SR 269 (Skyline) y la SR 33 (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 11 de diciembre de 2023. __ /s/ María Ortiz
María Ortiz, Secretaria Municipal
December 14, 2023 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
NOVEMBER 16, 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, Lou Gravelle Pablo Hernandez, Mayor Alvaro Preciado.

ABSENT: Mayor Pro Tem Alejandro Ramirez.

STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Williams, Lujan, Pelletier, Yang.

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

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

The City Council went into Closed Session at 5:21 p.m.

CLOSED SESSION: (City/Successor Agency):

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

A. Conference with 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).

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
Mayor Preciado reopened meeting at 6:17 p.m. with nothing to report out of Closed Session.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Veronica Aguirre reported the following: 1) she mentions her concern about the increase in refuse and that Avenal is exempt from being charged because of being disadvantaged community. She feels residents shouldn't have to pay increase. She would like the Council to take her concerns into consideration. Also, Cal Recycle should have been invited.

Joseph Kalpakoff commented that there are two waivers and one of them is not a disadvantaged community. It is for a low population and for elevation waiver of 45. There are exemptions around the county areas and Kings County specifically, do have waivers and the unincorporated county. As an incorporated city they do not meet exemption Maria Ortiz, City Clerk does not have any public comment cards.

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

AGENDA ITEM NO. 5. – A.

December 14, 2023 Pg. 5
Joint Meeting City Council/Successor Agency/PFA –November 16, 2023

Sergeant Pelletier and Captain Lujan presented the body cams and the Taser to the City Council and there was a 5-minutes intermission to see new police department vehicles.

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.

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 Gravelle motioned to approve, second by Councilman Hernandez and motion carried.

RESOLUTION 2023-44: 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 Gravelle motioned to approve, second by Councilman Hernandez and motion carried.

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

Roll Call Vote:

AYES: Gravelle, Hernandez, Verdugo, Preciado.

NOES: None.

ABSENT: Ramirez.

ABSTAIN: None.

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

A. Consider Approval to Issue Notice on Refuse Rate Increases - Dan Bergmann, IGS:

Dan Bergmann, IGS reported that Avenal’s existing refuse rates in place for many years and must been increased. California’s new refuse-handling laws underSB-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 include cost coverage for billing and street sweeping. Mr. Bergmann will present the new rates explaining the process to determine them. A representative of MidValley will also be present at the meeting to address questions.

City council was asked to support issuing a rate increase notice to all refuse customers.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

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

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

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

Humberto Bermudez, IT Manager reported the following: 1) continuing services Internet, Phone system, Emails, Server, Clerk software, Server; and 2) Other: Nov. 14th Food Distribution, updating camera system, obtained enterprise demo.

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

December 14, 2023 Pg. 6
Joint Meeting City Council/Successor Agency/PFA –November 16, 2023

Shelia Verdugo, Recreation Supervisor reported because she is sick: 1) Upcoming events – Oct. 20-21 Pistachio Festival; 2) Oct 23 – Movie/screening Avenal Pop Warner Football Program. Served 110 kids, Free movie Avenal Theater; 3) Oct. 25th. Oct 30th, Ice Ring Oct 13-22, Pistachio Festival October 21st, Trunk r Treat AHS parking lot & Nov 1 Day of the Dead B. Special Presentations/Reports:
1) None.

PUBLIC HEARING(s):

A. None.

OLD BUSINESS:

A. None.

NEW BUSINESS:

A. Consider GIS Web Tech Presentation for Economic Development Tool for Site Selection:

Kao Nou Yang, Community & Economic Development Director reported that 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.,” andPolicy 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 investigated 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.

Community & Economic Development Director Yang continued that 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.

Staff recommends authorizing 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. Funding Source: General Fund- Economic Development Estimated Annual Expense: $9,534.00 Annual Estimated Set-up (One Time Only Fee): $2,145.00
Councilman Verdugo motioned to authorizing 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, second by Councilman Gravelle and motion carried.

Roll Call Vote:

AYES: Verdugo, Gravelle, Hernandez, Preciado.

NOES: None.

ABSENT: Ramirez.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Manager Lopez reported the following: 1) City luncheon the City Council is invited; 2) November 28 th Derrick Tree Lighting and
all invited; 2) Thanked all for a speedy meeting.

Councilman Gravelle thanked all city employees for all they do and gave condolences to the Casida family.

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

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 7:39 p.m.

Respectfully submitted,
December 14, 2023 Pg. 7
Joint Meeting City Council/Successor Agency/PFA –November 16, 2023

Maria Ortiz, City Clerk
December 14, 2023 Pg. 8
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5 B
TO: The Honorable Mayor and City Council members
FROM: Ronald Brumley, Utilities Supervisor
Date: December 7, 2023
RE: Consider Expenditure of Funds to Repair Lift Pump No. 2 at Water Treatment Plant No. 2
INFORMATION:

Due to normal wear and tear, Water Treatment Plant No. 2 - Lift pump No. 2 has been sent in for inspection. We were unable to unseize the pump and had to send it in for repairs. The last time this pump was rebuilt was over 14 years ago (November 2009).

In the past, we have sent pumps to multiple companies for repairs. SCI has always given us the lowest price. In a situation like this where we are unsure of the exact problem, the companies must tear down the pump prior to giving us a quote. If we choose not to go with SCI, there will be a $5,710.00 charge for the disassembly of the pump and then we would have to go pick up the pump take to another company and hope that the repairs would be cheaper; however, there is no guarantee. I have included a quote for a new pump from G3 Engineering, Inc.

SCI (Parts and Labor for repair) $ 116,112.50 plus tax & freight RKE Services (Parts and Labor for repair) $ 127,322.50 Plus tax & freight SCI New 18 Stage Bowl Assembly, repair stuffing box (parts and Labor) $157,495.00 Plus tax & freight RKE Services New Bowl Assembly, repair stuffing box (parts & Labor) $ 171,840.00 Plus tax & freight G3 Engineering, Inc. $144,200.00 plus tax & freight
RECOMMENDATION:

By motion: 1) approve expenditure 116,112.50 plus tax and freight to SCI for parts and labor needed to repair lift pump No. 2 plant #2) use Water Treatment Reserve funds in the amount of $116,112.50.

FISCAL IMPACT:

Drawdown from reserves, as per schedule of utilizing some of reserves for larger maintenance priorities.

December 14, 2023 Pg. 9
Customer:

Date:

Line Tax Qty. Unit Price Total
Option 1
1 N 1 $41,847.50 $41,847.50
2 Y 1 $74,265.00 $74,265.00
subtotal $116,112.50
Lead time is approximately 22 weeks ARO
Option 2
3 N 1 $15,775.00 $15,775.00
4 Y 1 $141,720.00 $141,720.00
subtotal $157,495.00
Lead time is approximately 30 weeks ARO
Amount due if both options are declined: $5,710.00
Quoted prices are based on the quantities listed and do not include taxes or freight.

Thank you for the opportunity to quote these services.
sharcraftinc.com 1103 33rd Street Bakersfield, CA 93301 (661) 324-4985 Quote
09/21/23
Description
Floway LKL 12" Pump (Lift Pump 2)
Please note that due to the considerable volatility with raw material pricing and supply, quoted amounts are subject to raw material pricing in effect at time of order.

Labor
The amount due if repairs are declined, as listed above, will be billed according to whichever occurs first: 1) the repairs are declined or 2) 30 days after the date of the quote.

Parts and Materials
Labor
Parts and Materials
1) Disassemble, clean, and inspect for quote 2) Mfg line shaft and shorten from existing length to allow the seal to be changed without lifting the motor [we will need the coupling assembly to get the exact measurement] 3) Repair 1ea suction bowl, stuffing box, and the spider 4) Replace 7ea low pressure bowls, 7ea tapered impeller collets, and bolts/washers 5) Mfg new bushings, wear rings, and bowl shaft 6) Balance impellers 7)Paint 8) Assemble
Job scope:
1) Disassemble, clean, and inspect for quote 2) Mfg line shaft and shorten from existing length to allow the seal to be changed without lifting the motor [we will need the coupling assembly to get the exact measurement] 3) Replace 18 stage bowl assembly 4) Repair stuffing box 5) Paint 6) Assemble Job scope:

City of Avenal
December 14, 2023 Pg. 10
G3 Engineering, Inc.

P.O. Box 2148
Granite Bay, CA 95746 Date: 10/23/2023
Phone: (559) 797-4953 Quotation #: 3400
Email: [email protected] Revision: 2
Attention: Ronald Brumley
Reference: City of Avenal
Subject: Floway s/n 86-02285 Quote
Item Qty Description Unit Price Net Price
1 1
Floway Pumps 18 stage model 12LKL product lubricated sump pump Cast iron CL 45, o-ringed bowls (6 stages)
Cast iron CL 30, o-ringed bowls (12 stages)
316SS impellers, dynamically balanced
Aluminum bronze bowl and impeller wear rings
304SS basket strainer
416SS shafting
8" - 300# flanged column pipe
8" - 300# fabricated steel discharge head
John Crane mechanical seal
Carboline Hydroplate 1086 Epoxy on bowl OD, column ID/OD, and head ID/OD
Non-witnessed factory hydrostatic test bowls, column, and head NSF-61 certified
Ship assembled
*Includes pump only, motor is not included
$144,200.00 $144,200.00
Lead time: 35 - 37 weeks
Subtotal: $144,200.00
Notes:
1) Pricing does not include sales tax or freight. Freight to be prepay and add unless directed otherwise. FOB factory. Freight is estimated at $1,500.00. 2) Quote is valid for 30 days.
3) Payment terms are net 30 days after shipment.
4) Purchase order shall be made out to G3 Engineering, Inc. 5) Items not specifically listed on this quote are not included in the scope and are to be supplied by others. Quote is furnish only, installation is not included. Sale is subject to G3 Engineering, Inc. standard terms and conditions. 6) Quoted pump is a replacement for existing Floway Pumps s/n 86-02285. 7) Quote includes the pump only, motor is not included. 8) Quote does not include startup. If required, add $2,000 per day.

Quotation
December 14, 2023 Pg. 11
Repair Existing Bowl Assmebly
Non-tax:

Taxable: Materials and new parts
Subtotal:

Replace Existing Bowl Assmebly
Taxable: Materials and new parts
Subtotal:

Labor to inspect disassembled pump, machine new shaft, replace bowl assembly, assemble the pump, and paint the exterior Non-tax: $19,775.00 $171,840.00
Thank you for this opportunity. Quoted prices are based on N30 terms. Credit card and late fees apply. $127,322.50
Price
$152,065.00
Quotation to Repair Floway Type LKL Size 12 Vertical Pump We are pleased to offer the services listed below to The City of Avenal.

This quote is valid for 30 days from October 2, 2023.

Price
Labor to inspect disassembled pump, machine new shafts, remove and install bushings, repalce seven bowls, balance the impellers, assemble the pump, and paint the exterior
$79,327.50
$47,995.00
December 14, 2023 Pg. 12
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5 C
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 14, 2023
RE: Consider Amending Personnel Policy to Clarify Paid Holidays INFORMATION:

At the February 22, 2023 Council Meeting, staff shared the results of an audit that CalPERS conducted in 2022. They specifically were exploring the current policies and practices of public agencies with respect to their reporting of holiday pay for safety officers. Staff provided data and information about our safety employees and their pay. CalPERS audited over 40 agencies.

Avenal’s report did have finding that were deemed “Not Reportable” but requiring review and correction – it was found that the City did not report Holiday Pay historically, but has begun doing so. Likewise, another finding was that Columbus Day is not specifically listed in the M.O.U. with the APOA, despite it being the practice of granting that day as a holiday.

Staff responded and provided proof of the City’s practice of having Columbus Day as a holiday recognized for all employees. CalPERS made note of this response but still decided to make the finding.

There were no negative repercussions or penalties from this audit. CalPERS conducted this audit to help guide agencies to review and update policies that may cause problems in the future.

CalPERS requested that this report be shared with the governing body, and Staff take the appropriate steps to amend the policies to reflect actual practices and adhere with CalPERS requirements.

Over the last few months, City Staff and the City Attorney reviewed the City’s Policy and Procedure Manual, and MOUs with the APOA to correctly amend said policies. Per CalPERS, “It is okay to include the Employee Personal Day(s) as a condition on the MOU and okay to pay employees accordingly for those days, however, personal holidays are not reportable to CalPERS as Holiday Pay.”
Attached is a resolution reviewed by the City Attorney that clarifies the language issues noted by the CalPERS audit.

RECOMMENDATION:

Approve Resolution 2023-45, amending the Personnel Policy Procedure Manual to clarify paid holidays, and authorize the City Manager to prepare and present for Council approval a side letter with the APOA that matches the City’s Personnel Policy on paid holidays in the current APOA MOU.

December 14, 2023 Pg. 13

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL AMENDING PERSONNEL
POLICY TO CLARIFY PAID HOLIDAYS.

RESOLUTION 2023-_45_
WHEREAS, the City of Avenal (“City”) Administrative Policies and Procedures include a Personnel Policy, originally effective April 9, 1989, which has been amended from time to time;
WHEREAS, the City offers paid holidays as a benefit to certain employees who qualify for the same under either the Personnel Policy or an approved bargaining unit memorandum of understanding (“MOU”);
WHEREAS, the City contracts as an employer with the California Public Employees’ Retirement System (“CalPERS”) for retirement plan benefits for City personnel;
WHEREAS, on or about August 1, 2023, representatives of CalPERS requested that the City Council (“Council”) of the City update the holiday pay portion of the Personnel Policy and/or MOUs to clarify them, as a result of findings in a February 2023 CalPERS final report on holiday pay review covering forty (40) public agency employers, including the City;
WHEREAS, the Council now desires to update its Personnel Policy to conform to the requirements specified by CalPERS so that paid holidays can be treated as pensionable income, and to reaffirm the City Council’s intent and ratify its decision to include Columbus Day within the scope of those paid holidays agreed upon between the City and the APOA by way of each MOU which was/is effective on or after July 1, 2019.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON December 14, 2023, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

December 14, 2023 Pg. 14

ATTEST:

HARLIN CASIDA, Mayor,

CITY OF AVENAL
MARIA ORTIZ, City Clerk

CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found foregoing recitals above to be true and correct;

2. Adopted and amended the following amended rule or policy which shall supersede all prior personnel rules, policies and job descriptions covering the same subject, and the Personnel Policy originally dated and effective April 9, 1989, leaving undisturbed all other portions of said Personnel Policy, except to the extent otherwise indicated:

SECTION 13: PAID HOLIDAYS. Holidays are based on an eight (8) hour day. Full-time employees assigned to work based upon necessity may be assigned to work on holidays as part of their regular workweek schedule.

If an employee works a City holiday as part of their regularly scheduled workweek, the employee will be paid the straight-time rate of pay for their regularly scheduled shift, and the employee will also receive eight (8) hours of compensation, paid at the straight-time rate, in connection with such holiday. The following holidays are recognized as municipal holidays for pay purposes and all regular and probationary employees shall have these days off:
1) New Year’s Day January 1
2) Martin Luther King Day 3rd Monday in January
3) Presidents’ Day 3rd Monday in February
4) Good Friday As per annual calendar
5) Cesar Chavez Day March 31
6) Memorial Day Last Monday in May
7) Independence Day July 4
8) Labor Day 1st Monday in September
9) Columbus Day 2nd Monday in October
10) Veteran’s Day November 11
11) Thanksgiving Day 4th Thursday in November
12) Friday After Thanksgiving Day
13) Christmas Eve December 24
14) Christmas Day December 25
15) Employee Personal Day(s) (as selected by Employee)
December 14, 2023 Pg. 15

When a holiday falls on a Saturday, the previous Friday will be observed as the holiday. When a holiday falls on Sunday, the following Monday will be deemed to be the holiday in lieu of the day named. The City reaffirms and ratifies, as of July 1, 2019, that Columbus Day shall be recognized as a paid City holiday for full-time employees;

3. Authorized the City Manager, Human Resources Director or designee, and relevant City staff to carry out the terms and conditions of this resolution, to achieve their effectiveness at least as of July 1, 2019, and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto, including incurring any reasonably necessary expenses

4. Authorize the City Manager to prepare and present for Council approval a side letter with the APOA that matches the City’s Personnel Policy on paid holidays in the current APOA MOU.

5. Ratified each and all prior actions taken in good faith by the City Manager, Human Resources Director or designee, and relevant City staff, which were carried out consistent with the terms and conditions of this resolution, including all holiday compensation previously paid in connection with each and all holidays listed above.
* * * * * * * * * * * * * * * * * *
December 14, 2023 Pg. 16
Proclamation
WHEREAS, the City of Avenal recognizes the importance of community service and the positive impact it has on our citizens; and
WHEREAS, the Avenal Rotary Club has been a stalwart advocate for community service for the past 87 years, embodying the Rotary International motto of "Service Above Self" in their endeavors; and WHEREAS, the Avenal Rotary Club has played a pivotal role in enhancing the quality of life for our residents through a multitude of charitable initiatives, educational programs, and community development projects; and
WHEREAS, the Avenal Rotary Club has tirelessly worked towards building a stronger and more vibrant community by fostering goodwill and understanding among our diverse population; and WHEREAS, the Avenal Rotary Club, through its commitment to service, has become an integral part of the City's history and has positively impacted countless lives in Avenal; and WHEREAS, Since its founding in 1937, December 7th marks the 87th anniversary of the founding of the Avenal Rotary Club;
NOW, THEREFORE, I, Alvaro M. Preciado, Mayor of the City of Avenal, do hereby proclaim December 7th as

AVENAL ROTARY DAY
In recognition of the Avenal Rotary Club's 87 years of dedicated service to our community. I call upon all residents, businesses, and community organizations to join in celebrating the Avenal Rotary Club's contributions to the City of Avenal.

I further encourage our citizens to reflect upon and embody the Rotary International motto of "Service Above Self," embracing the spirit of volunteerism and community service in their daily lives.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the City of Avenal to be affixed this 14th day of December, in the year 2023.

SIGNATURE: ________________________
Alvaro M. Preciado,
Mayor of Avenal

ATTEST: Maria A. Ortiz, City Clerk _____________________________ City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 14, 2022
RE: Discussion of legislative needs to local/state elected official for 2024 INFORMATION:

As the new legislative calendar begin in 2024, CrisCom and Staff are requesting direction from Council on legislative items of importance to discuss with Avenal’s elected officials.

In 2023, the City was awarded $1 million dollars from Senator Melissa Hurtado and Assemblyman Mathis for the replacement of the roofs to Veterans Hall and the Avenal District Hospital Building.

Staff will be making appointments to meet with the staff for both the State Senator and Assemblyman in the coming weeks. Now is a good time to discuss and plan ahead areas they may be able to help Avenal, so we can strategically work together with its elected officials.

Last year’s requests included:
• Funding for the Cuttoff Road project, $5+ million
• Funding assistance for fire contract services deficit, helping pay the 600k a year in total service.
• Funding for the Community Center project ($5 million requested, $2 million awarded by state – still awaiting Federal earmark news).
• Assistance in funding a new City Hall.

Some ideas (in no particular order):
• Funding for the Community Center project ($5 million requested, $2 million awarded by state; $3.2 million from CDBG – still awaiting possible Prop 68 funding for the park). • Funding to build a joint PD/City Hall
• Funding to retrofit the Avenal Courthouse
• Infrastructure, water/waste water and roads.

RECOMMENDATION:

Direct staff on funding priorities to send to Avenal’s elected officials for 2023-2024.

December 14, 2023 Pg. 17
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. ___–
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: KAO NOU YANG, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: DECEMBER 14, 2023
SUBJECT: NOVEMBER - DECEMBER 2023 MONTHLY REPORT
Planning Division:

Business Inquiry Forms: INFORMATIONAL If any business owner has any inquiry about starting a business, please fill out a business inquire form and staff will get back to you as soon as possible.

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

Long Range Planning:

Zoning, Subdivision and Building Ordinance – City Staff has received the Admin Draft of the Zoning Ordinance in October 2023. A Copy of the Draft have been sent to all Planning Commissioners, ex – officious and any city staff associated with implementation. At the November Planning Commission meeting, staff and consultant listened to comments and clarifications on the administrative draft.

Commission wanted more time to review the document to provide necessary comments if need be. Staff was given direction to look into a concrete date of adoption due to the time constraints of the Consultants and grant that is associated with the comprehensive update.

Housing Element – City held a Town Hall Meeting on the Housing Element on November 8, 2023.

The Consultant was excited to hear the audience participation and answered all questions that were curious and inquired about. Translators were available and the city’s town hall was very successful in feedback and understanding.

CA JOBS FIRST (CERF) – Staff are working with the regional CA Jobs First Committee in order to create an economic resilience plan for the region and consulting with the organization by attending meetings and adding additional information that might include Avenal’s input. The next meeting is Scheduled for December 1 and December 15.

ATP – SAFE ROUTES TO SCHOOL –The project is finally moving forward is scheduled to complete in March 2024. Community Development will be working with QK for the Administrative paperwork, while Public Works will be working with the construction management and review of the scope of work along with QK and HBC. Any Questions or inquiry about the project please contact Public Works.

CDBG – CALHOME – HOME LOANS - City Staff is working on Organizing the numerous loans the city has encumbered. Annual Verifications were sent out in July 2023 to Promissory note holder and Property Owners to verify proof of residency per loan agreement. An Audit of these loans are slowly processing due to lack of staffing, but we will continue proceed forward to them move loan management to Self Help Enterprise to manage and maintain.

December 14, 2023 Pg. 18
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. ___–
Building Division:

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

From January 2023 to October 2023, the city has already received over 280 electronic submissions of Building permits. We are still continuing to do Inspections on Monday, Wednesday, and Thursday as schedule with our Willdan Inspector.

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

The Department is currently recruiting for a Communitry Development Assistant and A Building Inspector.

Economic Development (CrissComm):

Monthly Report and Update from Economic Development Team CrisCom Programs:

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

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

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

December 14, 2023 Pg. 19
The CrisCom Company –
City of Avenal Update
November/December, 2023
Legislative Update
The CrisCom Company advocacy team has worked diligently throughout 2023, and as a result, was able to secure $1,000,000 in State funds for public safety equipment and roof repairs to the Police Department and Veterans Hall. We are currently working with the City Manager and various Department Heads to establish the City of Avenal’s budget requests for the State and Federal 2024 budgets. CrisCom remains in constant communication with Senator Hurtado’s and Assemblymember Mathis’ legislative staff and will continue to work diligently to secure additional funding for the City. Most recently, we notified the City that Assemblymember Mathis will not be seeking re-election after his term is up in 2024. We will keep the City updated as to the elections in 2024, especially with respect to Assemblymember Mathis’ successor.

CrisCom provides the City with a Sacramento Snapshot that details pending legislation on a regular basis. The most recent one is attached, however, since the State Legislature is on a break, there won’t be any updates until January 2024.

It's important to note that there is a forecasted large deficit in California's budget for 2024.

The Legislative Analyst's Office (LAO) has conveyed that the budget for 2022-23 concluded with a deficit of $26 billion. This shortfall is anticipated to extend into the subsequent fiscal years, namely 2023-24 and 2024-25, accumulating to a total of $58 billion. While this presents a challenging scenario, we remain committed to our goals and won't let it deter us. We are prepared to work even harder to navigate these financial challenges.

Further, for the past two years, CrisCom has assisted the City Manager and Kings County to negotiate a reasonable price for the Courthouse. During those two years, we have negotiated from nearly $800,000 all the way down to $212,000.

Economic Development Update:

CrisCom is continuing our outreach to various stores, restaurants, etc. to ensure the City of Avenal is reflected in a positive manner and that it is a great place to have a business.

As you all know, we attend ICSC every year on behalf of the City, which is in Las Vegas in the middle of May. As we reach out to these various venues, we are making relationships with those that will be at ICSC and helping put Avenal on the map. Our list December 14, 2023 Pg. 20
is extensive, and we are relentless in our pursuits. As such, we have had several serious conversations with national chains, and are hopeful that several will be opening in Avenal one day soon.

Grant Writing Update:

CrisCom continues to keep City officials up to date regarding specific grant opportunities.

There are two grants due in January: T-Mobile Hometown Grant and CalFire Wildfire Prevention Grant.

We are happy to have reported earlier this year that we helped secure a COPS grant award for the Avenal Police Department in the amount of $555,944 to hire two additional police officers.

We will continue to keep the City Administrators appraised of all grant opportunities in the future.

Year in Review:

In review of this past year, CrisCom has been provided to work with the City of Avenal building legislative relationships in Sacramento and DC, as well as building economic relationships. We are please that throughout the year, we have brought over $1.5M in funds to the City.

The entire CrisCom team is looking forward to a prosperous year in 2024.

December 14, 2023 Pg. 21

2023 STATE LEGISLATIVE CALENDAR
Apr. 10 Legislature reconvenes from Spring recess (J.R. 51(a)(2)).

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

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

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

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

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

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

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

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

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

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

December 14, 2023 Pg. 22

PENDING LEGISLATION OF INTEREST – 2023 SESSION
Status:

AB 2 - Recycling: solar photovoltaic modules. (Ward)
This bill would require manufacturers of solar photovoltaic panels to develop an end-of-life management plan for the recycling and management of the panels and their components. The plan must be submitted to and approved by the Department of Resources Recycling and Recovery, and manufacturers must report annually on their implementation of the plan. The bill would also require the department to provide guidelines for developing an end-of-life management plan and adopt regulations for implementation.

Status: In committee: Held under submission.

AB 33 - Fentanyl Addiction and Overdose Prevention Task Force. (Bains) The California Uniform Controlled Substances Act restricts the use of controlled substances, including fentanyl, and provides for imprisonment for violations. This bill establishes the Fentanyl Addiction and Overdose Prevention Task Force, which will be co-chaired by the Attorney General and Surgeon General, to collect and analyze data on fentanyl abuse and evaluate approaches to increase public awareness. The task force is required to submit interim and final reports with findings and recommendations to the Attorney General, Governor, and Legislature, and the provisions of the bill will be repealed on January 1, 2026.

Status: Chaptered by Secretary of State - Chapter 887, Statutes of 2023.

AB 84 - Property tax: welfare exemption: affordable housing. (Ward) The California Legislature has introduced a bill that would expand property tax exemptions for nonprofit organizations that provide low-income housing. The existing property tax law allows for a "welfare exemption" for property used exclusively for religious, hospital, scientific, or charitable purposes that is owned or operated by certain nonprofit entities, including those providing rental housing for lower-income households. This bill would extend the partial exemption to property acquired, rehabilitated, developed, or operated with financing from qualified 501(c)(3) bonds. Additionally, the bill would remove the requirement that eligible owners receive low-income housing tax credits and instead require that units designated for lower-income households have rent restrictions. The bill also requires an affidavit with specified information for the exemption claim and provides that the affidavit is not subject to public disclosure. Local tax officials' duties would be expanded, and perjury would become a more severe crime due to the affidavit's requirements. The bill includes findings and imposes a state-mandated local program, but it would not require reimbursement for property tax revenues lost by local agencies.

Status: Chaptered by Secretary of State - Chapter 734, Statutes of 2023.

AB 102 – Budget Act of 2023
The Budget Act of 2023 made appropriations for the support of state government for the 2023–24 fiscal year.

This bill would amend the Budget Act of 2023 by amending, adding, and repealing items of appropriation and making other changes. This bill would declare that it is to take effect immediately as a Budget Bill.

Status: Chaptered by Secretary of State - Chapter 38, Statutes of 2023.

AB 519 – Affordable housing: consolidated funding application process. (Schiavo) The Department of Housing and Community Development in California is responsible for promoting affordable housing in the state. This new bill requires the department to establish a workgroup that will create a consolidated application for obtaining financing for affordable housing projects and develop a coordinated review process for the application. The workgroup must include representatives from various agencies and identify a lead agency by October 1, 2024, to receive and process the application according to specified procedures.

Status: Chaptered by Secretary of State - Chapter 742, Statutes of 2023. Message from Governor: To Members of the California State Assembly:

I am signing Assembly Bill 519.

December 14, 2023 Pg. 23

This bill would create an Affordable Housing Finance Workgroup to propose the creation of a consolidated application for affordable housing developers to access state housing funding programs and a coordinated review process for applications.

I agree with the author's goal to streamline the current process and reduce costs to construct affordable housing, and I welcome meaningful conversation and legislation to further align programs administered by the California Debt Limit Allocation Committee (CDLAC) and the Tax Credit Allocation Committee (TCAC) with efforts already underway.

While I am signing this bill into law, I am concerned that the process it creates has the potential to diverge from legislatively crafted, recently implemented efforts to improve California's affordable housing finance system.

Specifically, our departments worked hard to roll out the recently created Super NOFA (Notice of Funding Availability), required by AB 434 which I was proud to sign in 2020. As a result of that smart reform, developers can now apply for seven different affordable housing programs at one time.

As the Legislature looks to further improve and consolidate our state's affordable housing finance system in accordance with the new work group created by this bill, I expect that any subsequent changes proposed by the Legislature will build on the effortsthe Department of Housing and Community Development (HCD) has undertaken to implement AB 434, rather conflicting or departing from the wise, legislatively directed reforms that we just implemented.

Sincerely,
Gavin Newsom
AB 550 - Homelessness: public hearings (Schiavo)
Under existing law, a validated census of a county or district may be taken, and a housing element is required to identify the housing needs of all economic segments of the community. This bill requires cities, counties, and city and county to conduct an annual point-in-time count of homeless persons, hold a public hearing to present the data gathered, and develop a plan to reduce homelessness within their jurisdiction. The bill also imposes a state-mandated local program and provides for reimbursement for costs mandated by the state.

Status: In committee: Held under submission.

AB 799 - Homeless Housing, Assistance, and Prevention program: Homelessness Accountability Act. (Rivas, Friedman, Wart, and Wilson)
The Homelessness Accountability Act would revise the existing Homeless Housing, Assistance, and Prevention program to provide ongoing grant funds for local capacity expansion and regional coordination to address homelessness. The bill would require the Homeless Coordinating and Financing Council to establish statewide goals based on data and provide technical support to applicants for funding. It would also establish a 5th round of funding with specific program requirements, including local landscape data and analysis and outcome goals.

Recipients must submit annual reports and meet outcome goals, or face a corrective action plan and reallocation of funds. The bill includes legislative findings to protect the public's right of access to public meetings and writings.

Status: Ordered to inactive file at the request of Senator Blakespear.

AB 985 - San Joaquin Valley Unified Air Pollution Control District: emission reduction credit system. (Arambula)
This bill addresses existing laws related to air pollution control and emission reduction credits in California. It requires the San Joaquin Valley Unified Air Pollution Control District to establish a time period for the expiration of emission reduction credits. The bill also mandates the state board to conduct an analysis of the district's emission reduction credit banks by a certain date and invalidates credits issued in violation of laws or regulations. If the invalidation affects federal requirements, the bill requires current and future credits to be valued at the time of use. The state board must submit a report to the Legislature summarizing the analysis results. The bill imposes a state-mandated local program and specifies that no reimbursement is required for its implementation.

Status: Motion to reconsider made by Assembly Member Arambula.

AB 1034 - Law enforcement: facial recognition and other biometric surveillance. (Wilson) This bill prohibits law enforcement agencies and officers from installing, activating, or using biometric surveillance systems in connection with officer cameras or data collected by them. It authorizes individuals to seek legal action against agencies or officers that violate this prohibition. The provisions of the bill will be repealed on January 1, 2034.

Status: Ordered to inactive file at the request of Senator Glazer.

December 14, 2023 Pg. 24

AB 1168 - Emergency medical services (EMS): prehospital EMS. (Bennett) The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act regulate local emergency medical services (EMS) systems and allow each county to establish an EMS program and designate a local EMS agency. Cities and fire districts that provided prehospital EMS services as of June 1, 1980, will retain their authorities and administration of prehospital EMS when providing it as part of an agreement with a county for the joint exercise of powers regarding prehospital EMS, subject to certain conditions. The bill also requires the local EMS agency to provide a right of first refusal to the designated providers in an exclusive operating area if a city's or fire district's assertion of its authorities regarding prehospital EMS causes the area to no longer qualify for an exclusive operating area. If the designated providers decline to continue services, the county may provide prehospital EMS in the area. The bill imposes a state-mandated local program and provides for reimbursement for any costs mandated by the state.

Status: Ordered to inactive file at the request of Senator Limón.

AB 1484 - Temporary public employees. (Zbur)
The Meyers-Milias-Brown Act allows local public employees to form and join employee organizations for labor relations. This bill would require temporary employees to be included in the same bargaining unit as permanent employees and receive information about their job description, wage rates, eligibility for benefits, and procedures to apply for open positions. The bill imposes new duties on local agencies, creating a statemandated local program, but does not provide for reimbursement for costs.

Status: Chaptered by Secretary of State - Chapter 691, Statutes of 2023.

AB 1532 - Office Conversion Projects (Haney)
The Planning and Zoning Law requires counties and cities to adopt a comprehensive general plan that includes a housing element. Supportive housing is permitted in zones where multifamily and mixed uses are allowed, with a plan for providing supportive services and meeting specified criteria. The California Environmental Quality Act (CEQA) requires an environmental impact report for projects that may have a significant effect on the environment, but not for ministerial projects. This bill would make office conversion projects a use by right in all areas, regardless of zoning, as long as certain requirements are met. It would also exempt office conversion projects from certain impact fees and allow for payment of fees over a 10-year period. The Department of Housing and Community Development would establish a program to award funding to eligible office conversion projects. The bill would require reimbursement for costs mandated by the state.

Status: Referred to Coms. on H. & C.D. and NAT. RES.

AB 1637 - Local government: internet websites and email addresses. (Irwin) This bill requires local agencies in California to use a ".gov" or ".ca.gov" domain for their public websites and email addresses by January 1, 2025, and to redirect noncompliant websites to a compliant domain. The bill also imposes a state-mandated local program by adding to the duties of local officials. It applies to all cities, including charter cities, and does not require reimbursement.

Status: Chaptered by Secretary of State - Chapter 586, Statutes of 2023.

AB 1648 – Disaster Preparedness: Local Government: Animal Natural Disaster Evacuation Plan. (Maienschein)
This measure requires a city or county that requires a kennel license or permit to operate a kennel within its jurisdiction to require, as a condition for obtaining the license or permit, that the kennel owner create and submit to the city or county an animal natural disaster evacuation plan.

Status: Re-referred to Com. on W., P., & W.

December 14, 2023 Pg. 25

ACA 1 - Local government financing: affordable housing and public infrastructure: voter approval. (AguiarCurry) The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements.

Status: Chaptered by Secretary of State - Res. Chapter 173, Statutes of 2023.

SB 4 – Planning and zoning: housing development: higher education institutions and religious institutions. (Wiener)
This bill relates to planning and zoning for housing development in higher education and religious institutions.

The bill requires that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval on any land owned by an independent institution of higher education or religious institution before January 1, 2024, if the development satisfies specified criteria. The bill specifies that 100% of the units in the housing development project eligible for approval as a use by right under these provisions should be affordable to lower income households, except for 20% of the units for moderateincome households, and 5% for staff of the independent institution or religious institution that owns the land.

The bill allows ancillary uses on the ground floor of the development, and the development is also eligible for a density bonus or other incentives or concessions. The California Environmental Quality Act exemption for ministerial approval of projects is expanded by this bill.

Status: Chaptered by Secretary of State. Chapter 771, Statutes of 2023.

SB 17 – Senior housing: tax credits. (Caballero)
Existing law requires the California Tax Credit Allocation Committee to allocate low-income housing tax credits in accordance with federal law and allocate a certain percentage to rural areas, small developments, and farmworker housing. SB 17 proposes to increase the housing goal for senior developments to 20 percent and requires the committee to revise its regulations accordingly. However, the bill also includes a change in state statute that would result in taxpayers paying higher taxes and requires approval from 2/3 of the Legislature for passage.

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

I am returning Senate Bill 17 without my signature.

This bill would require the California Tax Credit Allocation Committee (TCAC) within the State Treasurer's Office to revise the regulations for the low-income housing tax credit (LIHTC) to increase the housing-type goal for senior developments from 15 percent to 20 percent.

While I appreciate the author's commitment to increase the supply of affordable housing for seniors, statutorily mandating this change may adversely impact access to affordable housing for other population groups.

TCAC already has the authority to revise its regulations, which can be done in conjunction with a robust stakeholder process to inform any adjustments. This bill would bypass that process. For this reason, I cannot sign this bill.

Sincerely,
Gavin Newsom
SB 30 – Transportation: zero-emission vehicle signage. (Umberg) This bill would require the Department of Transportation, GO-Biz, and the State Energy Resources Conservation and Development Commission to create signage for zero-emission vehicle charging and fueling stations to be placed along state highways based on charger or fueling type and vehicle compatibility. The goal is to increase consumer confidence in locating electric vehicle chargers and hydrogen fueling stations. The bill would also authorize the department to adopt regulations for these purposes.

Status: September 1 hearing: Held in committee and under submission.

December 14, 2023 Pg. 26

SB 37 – Older Adults and Adults with Disabilities Housing Stability Act. (Caballero) This bill builds upon existing laws to create the Older Adults and Adults with Disabilities Housing Stability Program. The Department of Housing and Community Development will administer the program and provide competitive grants to nonprofit community-based organizations, public housing authorities, and area agencies on aging to offer a housing subsidy program for older adults and adults with disabilities who are homeless or at risk of homelessness. The program guidelines will prioritize communities where a higher proportion of renters face severe rental cost burden. The Older Adults and Adults with Disabilities Housing Stability Fund will be created to allocate funds to eligible recipients until December 31, 2028. Grant funds must be used for specified activities, including housing subsidies and relocation costs. The department will conduct oversight activities, including reporting requirements and contracting an independent evaluator to conduct an interim evaluation of program outcomes and a final report.

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

SB 227 – Unemployment: Excluded Workers Program. (Durazo) SB 227, introduced by Durazo, proposes the creation of the Excluded Workers Program until January 1, 2027.

The program aims to provide income assistance to excluded workers who are not eligible for state or federal benefits administered by the Employment Development Department and are currently unemployed. The bill would require eligible individuals to receive $300 per week for each week of unemployment, subject to specific findings by the Director of Employment Development. The Franchise Tax Board would be required to submit a report to the Legislature on the total number of claims for the exclusion and the amount claimed for each exclusion for the taxable year beginning on or after January 1, 2025, and before January 1, 2027. The bill would also make legislative findings on the limitation of access to public information.

Status: August 16 set for first hearing canceled at the request of author.

SB 251 – Political Reform Act of 1974: elected officers: conflicts of interest (Newman) This bill, SB 251, seeks to amend the Political Reform Act of 1974, which regulates conflicts of interest of public officials in California. Specifically, the bill would prohibit elected officers from being employed by any other elected officer with the same constituency, with the exception of those who were already employed before December 31, 2023. The bill does not apply to statewide elected officers. By expanding the scope of the existing law, the bill would impose a state-mandated local program. However, the bill specifies that no reimbursement is required by the state for a specified reason. The Political Reform Act of 1974 allows the Legislature to amend the act to further its purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements. The bill declares that it furthers the purposes of the act.

Status: April 18 set for first hearing. Failed passage in committee. (Ayes 2. Noes 0.) Reconsideration granted.

SB 329 – Cities: city council members: compensation. (Dodd) Existing law allows a city council to establish a salary for its members based on the city's population, with a cap on how much the salary can be increased each year. This bill would allow a city council to adjust the salary based on inflation since January 1, 1984, using the California Consumer Price Index, and remove the prohibition on enacting or amending an ordinance to provide automatic future increases in salary.

Status: Chaptered by Secretary of State. Chapter 27, Statutes of 2023.

SB 423 – Land use: streamlined housing approvals: multifamily housing developments. (Wiener)This bill aims to streamline housing approvals for multifamily housing developments. It deletes the January 1, 2026 repeal date of existing law, which authorizes the development proponent to submit an application for a streamlined, ministerial approval process, subject to specified planning standards. The bill also authorizes the Department of General Services to act as a local government for streamlined review of development on state-owned or leased property. The objective planning standards are modified, including an alternative definition for "affordable housing costs" for developments that dedicate 100% of units to lower income households. The bill deletes the objective planning standards requiring development proponents to pay the general prevailing rate of wages and utilize a skilled and trained workforce. The local government's planning director or equivalent position would determine if the development is consistent with the objective planning standards, and all December 14, 2023 Pg. 27

departments of the local government required to issue approval must comply with the streamlined approval requirements within specified time periods. Finally, the bill would remove the authorization to conduct public oversight of the development and only authorize design review to be conducted by the local government's planning commission or any equivalent board or commission responsible for design review.

Status: Chaptered by Secretary of State. Chapter 778, Statutes of 2023.

SB 525 – Minimum wages: health care workers. (Durazo)
This bill would require a minimum wage of $25 per hour for health care workers, subject to adjustment, and applicable to all covered health care employment under the Labor Code and the Wage Orders of the Industrial Welfare Commission. It would also require that covered health care employees paid on a salary basis earn a monthly salary equivalent to no less than 2 times the health care worker minimum wage for full-time employment in order to qualify as exempt from the payment of minimum wage and overtime. The bill imposes a state-mandated local program and does not require reimbursement for specified reasons.

Status: Chaptered by Secretary of State. Chapter 890, Statutes of 2023.

SB 584 – Laborforce housing: Short-Term Rental Tax Law. (Limón) SB 584, the Laborforce Housing Financing Act of 2023, aims to create affordable housing for residents unable to afford market rent. It establishes the Laborforce Housing Fund and allows funds to be used for housing projects by public entities, housing authorities, and nonprofit providers. The bill requires fair wages for construction workers and skilled labor on eligible projects. Starting in 2025, a 15% tax will be imposed on shortterm rentals, with revenue going to the Laborforce Housing Fund. The tax will be collected by facilitators or operators, and the California Department of Tax and Fee Administration will oversee collection. No reimbursement is mandated for local agencies and schools.

Status: June 28 set for first hearing canceled at the request of author.

SB 721 – Special taxes: vacant land. (Becker)
The California Constitution requires 2/3 approval of voters for a special tax by a city, county, or special district.

A charter city has the authority to levy local taxes, subject to restrictions imposed by the city's charter or preemption in matters of statewide concern. This bill specifies that a special tax includes a tax on vacant sites suitable for residential development, as identified in a county's or city's long-term general plan.

Status: Referred to Com. on P. & C.P.

SB 796 – Threats. (Alvarado-Gil and Rubio)
This bill expands the existing law that makes it a crime to willfully threaten to commit a crime resulting in death or bodily injury to another person. It criminalizes threats made against a particular location or event. As a result, this bill would create a state-mandated local program. The bill states that no reimbursement is required by this act for a specified reason.

Status: July 11 set for second hearing canceled at the request of author.

December 14, 2023 Pg. 28

AVENAL POLICE DEPARTMENT
317 Alpine, Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
AGENDA ITEM NO. 7. A - 2
Chief’s Monthly Report
December 14, 2023
Organizational Priorities
I. Leadership Stability
• Captain Lujan attended the King’s County Chief’s meeting with the Sheriff and District Attorney
II. Recruit and Retain the Best
• Received two Dodge Durango patrol cars with new paint scheme • Officer Jordy Villafan released from the Field Training program • Hired Officer Matthew Ramos
• We interviewed 2 more officer candidates
• We have 4 officers out to background
• Sergeant DeLeon honored by American Legion for Kings Co. Officer of the Year
• Officer Jose Gonzalez selected for Avenal PD’s 2023 “Courage to Lead” award
III. International Model of Community Trust
• Officers took part in Operation Gobble
• Officer participated in Christmas parade on December 9th IV. Amongst the safest cities in America
• Officers recovered 2 guns last week
• Officers made 6 DUI arrests in past two weeks.
• We received a DUI grant for traffic enforcement.
• We received $1 million state funding for a new roof and police equipment
• We received $500,000 COPs hiring grant to fund 2 community policing officers
V. Embrace wellness amongst our employees
• New gym and flooring has been completed
December 14, 2023 Pg. 29
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. ___–
TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ANTONY V. LOPEZ, CITY MANAGER

KAO NOU YANG, DIRECTOR OF COMMUNITY AND ECONOMIC

DEVELOPMENT
DATE: DECEMBER 14, 2023
SUBJECT: PUBLIC HEARING FOR THE CLOSE-OUT OF THE 2016 CDBG GRANT (16-CDBG-11133).

BACKGROUND:

CDBG Program regulations require that the City conduct a public hearing on all CDBG-related matters to provide for and encourage citizen participation, particularly by low- and moderateincome persons who reside in areas in which CDBG funds are used. Therefore, when the public hearing is opened, the public will be invited to comment on the City’s proposed resubmittal of a 2016 CDBG Grant application, CDBG Program Income, and to make their comments known on the proposed activities.

A public notice was published in the November 27, 2023, issue of the Hanford Sentinel notifying the public of this public hearing.

The City was awarded funds under the 2016 Community Development Block Grant “Notice of Funding Availability” (NOFA) in the amount of $1,850,000 to fund a Homebuyer Assistance and Housing Rehabilitation Programs, as well as the Avenal Community Sports and Recreation Center “Community Center”. In June 2018, Authority to Use Grant Funds was received from HUD to spend funds on grant activities.

HOMEBUYER ASSISTANCE AND HOUSING REHABILITATION PROGRAMS:

The Homebuyer Program provided secondary financing for income-qualified households in purchasing a home. The program provided deferred, no-interest loans to Low-Moderate Income (LMI) clients for a maximum assistance of $320,000 per household. Payments could be made anytime, but full loan repayment was not due until 30 years from date of loan approval.

Three participants received homebuyer loans during the grant term. Loans were provided as follows:

Loan # Amount Description of Project
1 $54,669 Homebuyer Loan
2 $72,034 Homebuyer Loan
December 14, 2023 Pg. 30
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. ___–
3 $51,265 Homebuyer Loan
TOTAL $177,968
A budget amendment was requested on January 12, 2017, reducing funds awarded to both the Homebuyer Assistance and Housing Rehabilitation Programs, moving funds of $290,698 to the Community Center Project to aid in covering increase material and labor costs.

The Housing Program portion of the 16-CDBG- 11133 Grant was fully expended by October 25, 2021. On behalf of the City, Self-Help Enterprises will assist the City in submitting the Final Closeout documents to CA Department of Housing and Community Development (HCD).

PARKS / RECREATION - PUBLIC FACILITY - AVENAL COMMUNITY SPORTS AND RECREATION CENTER:

At the time of award $1,209,302 was committed for the development of the Community Center which identified all site improvements, utilities, site and building infrastructure, building installation, interior framing, wall finishes, kitchen fixtures (no appliances), bathrooms, fire sprinklers, metal rollup doors, signage, ventilation, fans, plumbing, air conditioning, exterior lighting, smoke detectors, electrical, lighting and phone service.

The initial application submitted proposed beneficiaries of 15,005 individuals upon full project completion/amenities and operation of the facility. The considerable number of beneficiaries is based on this facility being the only recreational facility available in Avenal, as well as the only facility of its kind available to two other isolated communities located within 20 miles of Avenal (Coalinga and Kettleman City). Upon completion, the Community Center will house all community indoor sport leagues for both youth and adults, host tournaments and act as the recreational hub within the community.

A budget amendment was requested on January 12, 2017, reducing funds awarded to both the Homebuyer Assistance and Housing Rehabilitation Programs, moving funds of $290,698 to the Community Center Project to aid in covering increase material and labor costs.

Construction of the budgeted portion of Phase One was currently 98% complete and 98.5% of the committed funds have been expended. The City currently does not have sufficient funds to complete the basketball court and multipurpose room, thereby preventing its ability to provide benefit to the anticipated beneficiaries.
* The additional $100,000 in CDBG Program Income (PI) has not materialized because the only source of PI at the City of Avenal are loan payoffs and monthly loan payments from our CDBGfunded First-Time Homebuyer and Owner-Occupied Rehabilitation loans. We have not had December 14, 2023 Pg. 31
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. ___–
enough loan payoffs/payments on CDBG housing loans to allocate additional funds to the Avenal Community Center Project.

On May 29, 2020, a request for an extension of time and additional funding letter was sent to HCD for review. Once notification was given to HCD on August 19, 2020, approval was granted and an additional funding of $600,079 was added to the Parks and Recreation Facilities (03F) fund of Contract 16-CDBG-11133. Since then, construction has halted due to the COVID-19 pandemic and the drafting and designing of Phase 2 and Phase 3 had not been officially completed until October of 2020. With all the final calculations of what is still needed to be constructed and the remaining timeline, the City is in the process of reducing its scope of work to Phase 2 portion of the project and work simultaneously to a full buildout project. The direction at which the city has now chosen would be more conducive in regards of construction and development.

In Order for the City to meet the National Objective of the Closeout of the Grant: Low Mod Area Benefit (LMA), the City had to show that the overall project benefited all/ majority of residents within the service area (LMI) Low Moderate Income Residents.

While the Community Center itself is still under construction, the City has utilize the already paved and fully constructed parking area as one of the main locations for the City’s Food Distribution events at which food is donated to the community and its residents every Tuesday. These events service on average 539 individuals. We do also utilize the site for any large scale outdoor events like the City’s Monthly Flea Market and the Avenal Police Department Block Parties.

By utilizing and organizing these events on the project site and location the city believes the National object have been met and that the Closeout of the 16-CDBG-11133 can officially be closed out.
16-CDBG-11133 BUDGET AND TOTAL EXPENSES:

BUDGET TOTAL

EXPENSES

AVAILABLE DISENCUMBERED
FUNDS

HOMEOWNERSHIP

ASSISTANCE
$168,582.00 $168,582.00 0 0

ACTIVITY DELIVERY
(HA)
$9,386.00 $9,386.00 0 0

PARKS &

RECREATION
(COMMUNITY

CENTER)
$2,143,293.00 $1,913,599.00 $229,694.00 0
December 14, 2023 Pg. 32
City of Avenal
919 Skyline Blvd.

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

GENERAL

ADMINISTRATION
$128,818.00 $112,248.00 $16,570.00 0
TOTAL: $2,450,079.00 $2,203,815.00 $246,264.00 0
RECOMMENDATION:

1. Open the Public Hearing to accept comments on the City’s Closeout of 16-CDBG- 11133 Grant.

2. Approve the 16-CDBG-1113 grant closeout report and authorize its submittal to the California Department of Housing and Community Development, Community Development Block Grant Program (CA HCD - CDBG)
December 14, 2023 Pg. 33
士十十 Proof of Publication士
士士
The Sentinel
SM Ca‖fornia News Media!nc.

P.0.Box 9
Hanford,CA 93232
Phone 559… 582¨0471く+1…559-582-0471>
bi‖ ing@hanbrdsentineLcom
C:丁Y OF AVENAL
N:NA
919 SKYLINE
AVENAL CA 93204
USA
ORDER NUMBER 274(M18
Pub‖ cation― The Hanford Sentinel
State of Ca‖ fornia
County of Kings
I am a citizen of the United States and a resident of the county foresaid; I am over the age of eighteen years, and not a part to or interested in the above entitled matter, I am the principal clerk of The Hanford Sentinel, a newspaper of general circulation, printed and published daily in the city of Hanford, County of Kings, and which newspaper has been adjudged a newspaper of general circulation by the superior court of the County of Kings, State of California, under the date of October 23,1951, case number 11623.

That I know from my own personal knowledge the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspapers and not in any supplement thereof on the following dates, to wit:

Sectlon:Legals
Category:201 Pub‖ c Notices
PUBLISHED(DN:11/28ノ 2023
TOTAL AD COST:

FILED ON:
360.15
11/28/2023
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Dated at Kings County, California
This Day
Signature
2♀》 J の2ろ
December 14, 2023 Pg. 34
Ad teXt: AD#274348

CITY OF AVENAL
NOTICE OF PUBLiC MEE丁 ING FOR CLOSEOUT OF
16-CDBG‐ 11133 GRAN丁
NO丁lCE IS HEREBY GIVEN thatthe City of Avenal w‖ i conduct a pub‖ c hearing on DecerTlber 14,2023,at 6 plTl,atthe Avenal丁 heaterlocated at 233 E.Kings Street,Avenal,()A93204 in orderto discuss and to so‖ cit citizen input on the closeout ofthe 2016 CDBC)Grant(16¨ CDBG‐11133).

PUBL!C HEARING
DATE: Decemlber 14,2023
TIME: 6:30 PM
PLACE: Avenal Theater
233 East Kings Street,,Avenai,(CA 93204
The purpose of this public hearing is to give the public an opportunity to make their comments known regarding the City expending all grant funds awarded under the 16-CDBG-1 1 133 contract and would like to give the public an opportunity to provide feedback.
lf you require special accommodations to participate in the public hearing, please contact the Maria "Angie" Ortiz, City Clerk, 919 Skyline Blvd. Avenal, CA. 93204, or you may telephone (559) 386-5766. ln addition, a public information file is available for review at City Hall, 919 Skyline Blvd. Avenal, CA 93204 between the hours of 8:00 a.m. and 4:30 p.m. on Monday - Friday lf you are unable to attend the public hearing, you may direct written comments to the Maria "Angie" Ortiz, City Clerk, 919 Skyline Blvd. Avenal, CA.93204, or you may telephone (559) 386-5766. ln addition, a public information file is available for review at City Hall, 919 Skyline Blvd. Avenal, CA 93204 between the hours of 8:00 a.m. and 4:30 p.m. on Monday - Friday.

The City of Avenal promotes fair housing and makes all its programs available to low and moderate income families regardless of age, race, color, religion, sex, national origin, sexual orientation, marital status, or handicap. /sノ Maria“ Angie“ 0出z/s/
Clty Clerk
Publish:Novennber 28,2023,in the Hanford Sentinel
C!UDAD DE AVENAL
AVISO DE REUNIoN PUBLICA PARA EL CIERRE DE LA SUBVENCIoN 16-CDBG-11133 PC)R LA,PRESENTE SE N(Э TIF!(〕A quela Ciudad de Avenal‖ evara a cabo una audiencia plb‖ ca e1 14 de dicierTibre de 2023,alas 6 pnl,en el Teatro Avenal ubicado en 233 E.IKings Street, Avenal,C)A 93204 para
discutir y so‖citarla opini6n de los ciudadanos sobre el cierre de la Subvenci6n CDBG 2016(16‐ CDBG…11133).

AUDIENCIA PUBL!CA
FECHA: 14 de dicierTlbre de 2023
HORA: 6:30 PM
LUGAR: Teatro Avenal
December 14, 2023 Pg. 35
233 East Kings Street, Avenal, CA 93204
El prop6sito de esta audiencia p0blica es dar al p0blico la oportunidad de dar a conocer sus comentarios sobre el gasto de la Ciudad en todos los fondos de subvenciones otorgados bajo el contrato 16-CDBG-1 1 133 y le gustaria dar al p0blico la oportunidad de dar su opini6n.

Si necesita adaptaciones especiales para participar en la audiencia p0blica, comuniquese con Maria "Angie" Ortiz, Secretaria de la Ciudad, 919 Skyline Blvd Avenal, CA. 93204, o puede llamar al (559) 386-5766. Adem6s, un archivo de informaci6n p[blica est6 disponible para su revisi6n en elAyuntamiento, 919 Skyline Blvd. Avenal, CA 93204 entre las 8:00 a.m. y las 4:30 p.m. de lunes a viernes.

Si no puede asistir a la audiencia p0blica, puede dirigir sus comentarios por escrito a Maria "Angie" Ortiz, Secretaria Municipal, 919 Skyline Blvd. Avenal, CA.93204, o puede llamar al (559) 386-5766. Ademds, un archivo de informaci6n p0blica estd disponible para su revisi6n en el Ayuntamiento, 919 Skyline Blvd.

Avenal, CA 93204 entre las 8:00 a.m. y las 4:30 p.m. de lunes a viernes.

La Ciudad de Avenal promueve la vivienda justa y pone todos sus programas a disposici6n de familias de ingresos bajos y moderados, independientemente de su edad, raza, color, religi6n, sexo, origen nacional, orientaci6n sexual, estado civil o discapacidad.
/s/ Maria "Angie" Ortiz lsl
Secretario de ayuntamiento
Pub‖ cado:28 de noviennbre de 2023 en el Hanford Sentlnel December 14, 2023 Pg. 36
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 14, 2023
RE: Consider Entering into an Agreement with A&M Consulting Engineers for On-Call Engineering Services
INFORMATION:

On November 2, 2023, Staff issued a Request for Qualifications (RFQ) for On-Call Services for State and Federally Funded Projects. The RFQ asked for qualified consulting firms to submit a Statement of Qualifications (SOQs) addressing civil engineering & grant management services on an on-call basis and ability to serve as the City’s “City Engineer.” Since incorporation in 1979, the City has relied on Summers Engineering for all City engineering projects. The RFQ was issued to find an additional firm that can support City staff in the delivery of time-sensitive Capital Improvement projects, particularly Caltrans funded projects that require having a city-engineer that was contracted through a competitive process within the preceding five years. Having another team on board will open the City to more grant opportunities and relieve some workload on City Staff having help on grant application and management.

SOQs were due on November 16, 2023. The City received only one submittal, from A&M Consulting Engineers. Attached is their proposal, which outlines their qualifications and previous work around the Central Valley. Of note is their work in the City of Corcoran on multiple federally funded infrastructure and park projects.

A&M’s proposal outlines their commitment to helping develop rural communities like Avenal.

Speaking with Principal, Javier Andrade, A&M would strive to not charge the City for work and focus on finding the grants to help pay their time and activities, as to not be a financial burden on the City. A&M would also help apply to grants, prepare grant reports and drawdowns, helping out the City’s limited staff.

RECOMMENDATION:

Approve Resolution 2023-46, Resolution Awarding a Consultant Contract to A&M Consulting Engineers for a Three-Year Period, With an Option to Extend for Two Additional One-Year Periods to Provide On-Call City Engineering Services for State and Federally Funded Projects FISCAL IMPACT:

City Staff time, primarily Public Works, Community Development, and City Manager. As noted, A&M would not charge for regular duties or projects unless approved, focusing instead on finding grant opportunities to pay for their time.

December 14, 2023 Pg. 37
RFQ On-Call Engineering Services | A&M Consulting Engineers

Request for Qualifications (RFQ)
On-call Engineering with A Designated City Engineer
Request for Qualifica�ons (RFQ)

CITY ENGINEERING SERVICES
City of Avenal
November 14, 2023
Prepared By: A&M Consul�ng Engineers
Moving Our Communi�es Infrastructure Forward.
designed & constructed by
A&M
December 14, 2023 Pg. 38
November 14, 2023
Re: Request for Qualifications for On-call Services for State & Federally Funded Projects Dear Antony V. Lopez,
I am pleased to represent A&M Consulting Engineers and present our Statement of Qualifications (SOQ) for the "On-Call Services for State & Federally Funded Projects." We are enthusiastic about the opportunity to support the City of Avenal and are excited for the opportunity to serve as the City’s “City Engineer”. As you are aware, the City of Avenal faces the challenge of navigating increasingly stringent state and federal regulations. A&M Consulting Engineers is certified through Caltrans for the administration of federal aid projects, making us well-equipped to meet the city's requirements and expectations. Allow me to outline what sets us apart as the ideal choice for your project:
 Commitment to Ongoing Education: Our team actively participates in workshops, webinars, and training programs to stay abreast of the latest developments in managing federal, state, and locally funded infrastructure projects. We are dedicated to staying current in this ever-evolving field.  Grant Application Expertise: A&M is renowned for its success in securing funding for neighboring cities in District 6. We will provide the city with comprehensive grant application assistance to maximize funding opportunities and ensure financial feasibility. The numbers don’t lie, within the past three years A&M has secured over $50 million of state and federal funds for infrastructure improvements.  Compliance Assurance: We will work closely with the city to ensure compliance with all grant management reporting requirements. A&M boasts extensive experience in collaborating with state and federal agencies, ensuring smooth and compliant project execution.
 Proven Track Record: Our team has prepared numerous "Requests for Authorization" packages and secured E76 approvals for various project phases, collaborating effectively with the District Local Assistance Engineer (DLAE) in District 6.
 Local Expertise: Our project team members have established successful professional careers in the local community. We have a history of working seamlessly together on numerous city projects within Kings County, as well as similar initiatives for other municipalities and agencies.  Broad Knowledge Base: A&M's project team possesses a wealth of knowledge in the methodologies and techniques used in the design, construction, and inspection of various municipal public works projects. Our recent project completions in cities such as Visalia, Woodlake, Reedley, Corcoran, Wasco, Fresno, and Parlier underscore our competence.
 Community Commitment: The fact is, we care, we care about our communities, what moves us is creating projects which change lives.

We appreciate your consideration of A&M Consulting Engineers as a trusted project partner and consultant in the City of Avenal's mission to enhance its municipal infrastructure using state and federal funding. Please feel free to reach out if you require any additional information or clarification.

Respectfully,
Javier Andrade, PE QSD | Principal Civil Engineer
December 14, 2023 Pg. 39
EXECUTIVE SUMMARY: At A&M Consulting Engineers, our core beliefs center around the importance of professional boldness. We recognize that embracing new ideas, materials, and technologies is paramount to advancing our industry and enabling our partners to explore innovative solutions that can enhance efficiency, safety, communication, cost-effectiveness, and sustainability.

Our mission is to serve as a dependable resource for individuals and organizations who rely on our expertise in planning, designing, constructing, managing, and financing critical and intricate projects. Navigating the intricate landscape of rules, regulations, communication, coordination, and technology integration, we strive to be a collaborative partner that fully utilizes every available resource at our disposal.

FIRM OVERVIEW: A&M is a distinguished professional consulting firm offering a wide spectrum of services encompassing land surveying, planning, environmental analysis, engineering, landscape architecture, and construction management. We have earned the trust of both private companies and public agencies through our dedication to excellence. With our strategic location in Visalia, CA, we are well positioned to efficiently meet the needs of clients across the Valley. A&M's commitment lies in providing services as trusted advisors.

Our ultimate objective is to function as an extension of the city's staff, equipped with the necessary resources and capabilities to deliver essential utility infrastructure seamlessly and effectively. We consistently augment our technical capabilities and carefully expand our team to ensure that we can offer our clients the highest level of service.

PROJECT PERSONNEL / A&M TEAM FOR AVENAL: The following table presents information about the project personnel assigned to this specific On-Call agreement. A&M guarantees the continuity of our personnel, ensuring that our clients receive consistent and reliable support throughout the project.

On-Call Project Personnel
Javier Andrade, PE, QSD– Professional Civil Engineer, City Engineer
Orfil Muniz, PE, QSD – Professional Civil Engineer
David Hernadez, PE - Professional Civil Engineer
Anabel Reynoso, EIT – Assistant Engineer
Denise Isaguirre, EIT – Assistant Engineer
Gelasio Rodriguez, EIT – Grant Management Assistant
Nick Rios, EIT – Assistant Engineer
Jesus Delgadillo, EIT – Assistant Engineer
Nelson Gomez, EIT – Assistant Engineer
Armando Piceno, EIT – Assistant Engineer
Richard Aviles, PLS – Professional Land Surveyor
Daniel Cerda, PLS – Professional Land Surveyor
Jaime Contreras – Public Works Inspector
Graciela Aguilar – Technical Assistance Administrator
Headquarters – Visalia Office
220 N Locust Street
Visalia, CA 93291
Phone: 559.429.4747
Fax: 1.844.853.5517
Email: [email protected]
Principal-in-Charge
Orfil Muniz, PE
Business Type:

S-Corporation
Tax ID:
82-2586473
Department of Industrial Relations
(DIR) No.:
1000058463
Certified Small Business (SB):
82-2586473
California Unified Certification
Program Certified Disadvantaged
Business Enterprise (DBE):
45181
California Public Utilities
Commission Certified Minority
Business Enterprise (MBE):
17000806
Principals:

Orfil Muniz, PE #88165
Javier Andrade, PE #87348
Richard Aviles, PLS #9273
December 14, 2023 Pg. 40
Delivering a Successful Project as an Established, Trusted Engineer: At A&M Consulting Engineers, our overarching goal is to assume the role of the city's City Engineer, dedicated to devising solutions, enhancing the community, and responsibly planning for the future. Our relationships with partners endure because we are unwavering in our commitment to providing top-tier professional services.

Our approach is straightforward, devoid of clichéd slogans, empty assurances, or artificial business jargon. We are genuinely passionate about our work and derive immense satisfaction from tackling challenges head-on.

A Responsive Partner: Each day, we collaborate with city managers, architects, engineers, consultants, contractors, agencies, and owners to plan and develop new facility and infrastructure projects. Together, we harmoniously manage scope, schedule, and budget to achieve project success. In our capacity as a Trusted Advisor to the city, our role is multifaceted, encompassing aspects of communication, problem-solving, encouragement, and technical expertise. While our specific role may evolve from day to day and project to project, the fundamental principle remains constant: aligning all team members' efforts daily is essential to meeting project scope, schedule, and budget objectives.

A Demonstrated Commitment to Excellent Service: A&M firmly believes that our success is a direct result of our ability to navigate the ever-increasing demands, tighter timelines, complex environmental constraints, and limited budgets that confront many of our partners. We are steadfast in our belief that clients deserve seasoned experts who simplify project undertakings and make them as seamless as possible. Our staff adheres to an unwavering philosophy rooted in uncompromising standards, emphasizing quality, integrity, exceptional service, and practical judgment.

Our commitment to excellence extends to how we structure our project teams. Each project manager oversees a dedicated team of engineers, designers, and CAD technicians. These team members are thoughtfully assembled on a project-by-project basis to ensure the most appropriate resources are deployed to address each project's unique design, scheduling, and manpower requirements. Building familiarity with our clients is another key facet of our approach. Over time, consistent client-engineer partnerships foster mutual trust and understanding.

We recognize the significant value of assigning the right individuals to each project. This practice results in superior and more gratifying projects for our clients, and it is a pivotal reason why more than 90% of our annual business comes from repeat clients.

In summary, at A&M Consulting Engineers, we are dedicated to our role as a trusted and responsive engineering partner, committed to delivering excellence and exceeding expectations in every project we undertake.

Statement of Qualifications
At A&M Consulting Engineers, our proposed staff members bring extensive experience, having served as city employees and contract staff in similar jurisdictions across Tulare, Kings, and Fresno County. Below are brief biographies highlighting their qualifications. Individually, these professionals excel in their respective fields, and as a cohesive team, they possess the expertise needed to create innovative solutions aligned with the City of Avenal's interests.

Javier Andrade, PE, QSD With over 15 years of experience spanning various civil engineering areas, Javier has excelled in roles such as City Engineer, site and subdivision design, street and highway improvement, recreation trail design, parks, water and wastewater projects, and surveying. He has demonstrated expertise in commercial site and residential subdivision design, including site layout, utility design, grading, erosion control, and stormwater management. Javier's road improvement experience encompasses municipal street rehabilitation, reconstruction, and expansion designs, with proficiency in highway design and surveying. His extensive background also includes preparing subdivision and easement plats, topographic and construction field surveying, and construction staking. As Contract City Engineer for the City of Parlier, Javier has overseen capital programs, bid preparation, construction monitoring, citizen inquiries, development proposals, and grant management.

Orfil Muniz, PE, QISP, QSD, sUAS (Project Manager) With over 15 years of experience, Orfil has a proven track record in city engineering, traffic engineering, public works, operations, design, and special district financing. He offers technical and strategic support to city managers, elected officials, and the community on public works programs and projects, adeptly addressing sensitive and complex issues. Orfil is well-versed in federal and state-funded municipal projects and currently serves as the City Engineer for the City of Corcoran. His expertise encompasses transportation, sewer and water infrastructure, storm drainage, parks, and roadway improvements. Orfil's familiarity with local agency standards and personnel makes him an invaluable asset to any project, enabling him to anticipate clients' needs and expedite project progress. He also fulfills traffic engineering responsibilities, reviews plans and specifications, and manages construction support, ensuring compliance with Caltrans and other reporting requirements for state and federal funding sources and grant management.

December 14, 2023 Pg. 41
David Hernandez, PE With over 15 years of experience, David has excelled in providing general civil engineering and client support services. He has effectively managed and designed a range of public and private land development projects, including residential, commercial, industrial, roadway designs, watershed analyses, grading and drainage plans, storm sewer and stormwater management plans, and more. David's project management expertise includes meticulous oversight, calculation reviews, budget management, and strong communication skills, ensuring client satisfaction.

Richard Aviles, PLS (City Surveyor) Rich has advanced from being an instrument operator to a licensed Professional Land Surveyor at A&M over the past 5 years. He oversees field survey crews, ensuring technical accuracy in boundary surveys, topographical mapping, 3D laser scanning, and construction staking. Rich also handles the recording and mapping requirements for various counties and public agencies. His surveying projects encompass property divisions, land ownership, easements, public improvements, historic research, deed preparation, legal descriptions, and subdivision map compliance with the California State Subdivision Map Act.

Daniel Cerda, PLS Daniel brings over 15 years of land surveying experience in California and the Central Valley. He has supervised field crews, managed multiple projects concurrently, and embraced innovative technologies like 3D HighDefinition Scanning (HDS). Proficient with survey equipment and software, including AutoCAD, Trimble, Faro, and Leica systems, Daniel excels in research, property divisions, land ownership, easements, and legal descriptions. His commitment to staying current with technology and collaboration with the engineering team further enhances our land surveying capabilities.

These dedicated professionals collectively offer a wealth of experience and a commitment to delivering high-quality service for the benefit of the City of Avenal and its community. Depending on project type, size, and schedule, these senior individuals are available to serve the city's needs.

Grant Implementation and Compliance Experience: Our team has a strong track record in grant implementation and compliance, having successfully applied for and managed numerous grants for various projects. The numbers don’t lie, within the past three years A&M has secured over $50 million of state and federal funds for infrastructure improvements. Here is a breakdown of our experience in the specified areas:

Develop and Maintain a Grant Management Plan:
• We are well-versed in creating comprehensive grant management plans that outline key milestones, deliverables, and responsibilities. These plans serve as roadmaps to ensure that every aspect of the grant is systematically addressed and that all stakeholders are aware of their roles and timelines.

Monitor Grant Expenditures and Budget Adherence:
• Budget management and adherence to grantor requirements are critical aspects of our expertise. We have a proven ability to closely monitor grant expenditures, track financial data, and ensure that spending aligns with grant guidelines. This meticulous approach guarantees compliance while optimizing resource utilization.

Coordinate with Program Staff:
• Collaboration is at the heart of our approach. We work closely with program staff to ensure that project activities align seamlessly with the grant's objectives. Effective communication and coordination are central to our strategy for successful grant implementation.

Maintain Detailed Records and Documentation:
• Our team places a premium on record-keeping and documentation. We maintain meticulous records of all grantrelated activities, transactions, and correspondence. This rigorous documentation is essential for demonstrating compliance and accountability to grantors.

Grant Reporting and Documentation Experience: Our team has extensive experience in grant reporting and documentation, ensuring that all grant-related responsibilities are met promptly and accurately. Here's how we excel in this area:

Prepare and Submit Progress Reports:
• We are proficient in preparing and submitting regular progress reports to grantors in strict accordance with established timelines. Our reports provide a comprehensive overview of project developments, achievements, challenges, and financial updates. Timely reporting is a hallmark of our commitment to transparency.

December 14, 2023 Pg. 42
Maintain Accurate and Complete Grant Files:
• Our dedication to organization extends to maintaining accurate and complete grant files. These files include financial records, progress reports, correspondence with grantors, and any other pertinent documents. Our systematic approach ensures that all documentation is readily accessible and well-organized.

Ensure Timely Submission of Required Documentation:
• Meeting deadlines for grant-related documentation is non-negotiable for us. We prioritize timely submission of all required materials, from progress reports to financial statements and any additional documentation specified by grantors. This punctuality is integral to maintaining positive relationships with funding entities.

In summary, our team's experience in grant implementation, compliance, reporting, and documentation is founded on a commitment to precision, collaboration, and accountability. We have a proven ability to manage grants effectively, ensuring that projects align with grantor objectives and that all requirements are met with excellence. The following list is a summary of grant programs which A&M has successfully completed or is currently working on:

FORMAT: Project Name, Contracting Agency, Funding Source, Grant Management Assistance  Choinumni Park Fresno County, County of Fresno, Federal, No  County of Tulare Phase 2 Government Parking Lot Improvements, County of Tulare, Local, No  Parlier Sports Park, City of Parlier, Federal, Yes
 2023 Corcoran Pedestrian Facilities Improvements, City of Corcoran, Federal, Yes  Viscaya Park, City of Dinuba, Federal, Yes
 Tulare County Dog Park, County of Tulare, Local, No
 Lemoore Street Saver PCI, City of Lemoore, Local, No
 07-316004 Lancaster Highway Improvements, Caltrans, State, No  Parlier Flood Control and Groundwater Banking Project, City of Parlier, State, Yes  05-1G9804 Pismo Beach Improvements, Caltrans, State, No  04-0K4904 San Leandro, Caltrans, State, No
 12-0R5004 Newport Beach Improvements, Caltrans, State, No  Parlier 2023 Road Rehab Project, City of Parlier, Federal, Yes  Corcoran CARES Program Crack Seal, City of Corcoran, Federal, Yes  Parlier Downtown Facade Project, City of Parlier, Federal, Yes  Parlier Police Building Improvements, City of Parlier, Federal, Yes  Corcoran Flood Control Levee Study, City of Corcoran, State, No  Corcoran ASR & HPSR Environmental Studies, City of Corcoran, Federal, Yes  County of Tulare 2637 W Burrel Avenue Improvements, County of Tulare, Local, No  Corcoran Truck Route Improvements, City of Corcoran, Federal, Yes  Avila Avenue Sewer Improvements, City of Parlier, Federal, Yes  Zediker & Zulma Crosswalk Improvements, City of Parlier, Federal, Yes  11-424804 San Diego Improvements, Caltrans, State, No  ATP Cycle 5, City of Corcoran, Federal, Yes
 ATP Cycle 6, City of Corcoran, Federal, Yes
 Whitley Avenue PED Crossing Enhancement, City of Corcoran, State, Yes  Plymouth Avenue Guardrail Enhancement, City of Corcoran, Federal, Yes  Corcoran Speed Survey Study, City of Corcoran, Local, No  Parlier City-wide Sidewalk Rehabilitation, City of Parlier, Federal, Yes  05-1H2304 Seaside Improvements, Caltrans, State, No
 Lemoore Crack Seal Project, City of Lemoore, Local, No  Lemoore Annual Roadway Striping, City of Lemoore, Local, No  CRRSAA Corcoran City-wide Safety and Maintenance Project, City of Corcoran, Federal, Yes  4th Avenue Roadway Repairs, City of Corcoran, Federal, Yes  Pueblo Avenue Roadway Repairs, City of Corcoran, Federal, Yes  Plymouth Avenue Roadway Repairs, City of Corcoran, Federal, Yes  Letts Lift Station Improvements, City of Corcoran, State, Yes  Prop 1 Richard Flores Groundwater Recharge, City of Parlier, Federal, Yes  Parlier HSIP Cycle 11 Pedestrian Safety Improvements, City of Parlier, State, Yes  Parlier HSIP Cycle 11 Guardrail Improvements, City of Parlier, State, Yes  City of Parlier Water Service Replacements, City of Parlier, State, Yes December 14, 2023 Pg. 43
 08-0F3211 Perris, Caltrans, State, No
 Parlier Flood Protection Project, City of Parlier, Federal, Yes  Dinuba GIS, City of Dinuba, Local, No
 DFJV PCI, State, State, No
 City of Dinuba Wellfield RIFS Preliminary Engineering, City of Dinuba, State, Yes  TIA Corcoran HWY 43 & Orange Avenue Gas Station, City of Corcoran, Local, No  Corcoran EV Charging Infrastructure Network Plan, City of Corcoran, Federal, Yes  Fresno County On-Call, County of Fresno, Federal, No
 12-0J34U4 Santa Ana HWY 55, Caltrans, State, No
 04-2K1904 Pacifica Route 1, Caltrans, State, No
 05-1H2204 HWY 68 Pacific Grove, Caltrans, State, No
 Parlier TCP Treatment Project, City of Parlier, Federal, Yes  Lemoore City Wide School Safety Maintenance Project, City of Lemoore, Federal, Yes  Parlier Emergency Water Line Extension, City of Parlier, Federal, Yes  Lemoore HSIP Bush & Champion Street, City of Lemoore, Federal, Yes  Corcoran Well 5F, City of Corcoran, State, Yes
 Parlier & Newmark Roundabout, City of Parlier, Federal, Yes  CDBG Orange Avenue Pedestrian Improvements, City of Corcoran, Federal, Yes  Parlier Well 6, City of Parlier, State, Yes
 Corcoran WWTP Clarifier, City of Corcoran, Federal, Yes  Woodlake Olive Lane Storm Drain Improvements, City of Woodlake, Local, Yes  03-1J0104 Sacramento, Caltrans, Local, No
 Parlier Tactical Urbanism, City of Parlier, Local, Yes  EV Charging Infrastructure Network Plan, City of Corcoran, Federal, Yes  Parlier Industrial Park Sewer, City of Parlier, State, Yes  10-1G5104 LODI, Caltrans, State, No
 City of Parlier Water Service Replacements, City of Parlier, State, Yes  08-0F3211 Perris, Caltrans, State, No
 Parlier Flood Protection Project, City of Parlier, Federal, Yes  Dinuba GIS, City of Dinuba, Local, No
 DFJV PCI, State, State, No
 City of Dinuba Wellfield RIFS Preliminary Engineering, City of Dinuba, State, Yes  TIA Corcoran HWY 43 & Orange Avenue Gas Station, City of Corcoran, Local, No  Corcoran EV Charging Infrastructure Network Plan, City of Corcoran, Federal, Yes  Fresno County On-Call, County of Fresno, Federal, No
 12-0J34U4 Santa Ana HWY 55, Caltrans, State, No
 04-2K1904 Pacifica Route 1, Caltrans, State, No
 05-1H2204 HWY 68 Pacific Grove, Caltrans, State, No
 Parlier TCP Treatment Project, City of Parlier, Federal, Yes  Lemoore City Wide School Safety Maintenance Project, City of Lemoore, Federal, Yes  Parlier Emergency Water Line Extension, City of Parlier, Federal, Yes  Lemoore HSIP Bush & Champion Street, City of Lemoore, Federal, Yes  Corcoran Well 5F, City of Corcoran, State, Yes
 Parlier & Newmark Roundabout, City of Parlier, Federal, Yes  CDBG Orange Avenue Pedestrian Improvements, City of Corcoran, Federal, Yes  Parlier Well 6, City of Parlier, State, Yes
 Corcoran WWTP Clarifier, City of Corcoran, Federal, Yes  Woodlake Olive Lane Storm Drain Improvements, City of Woodlake, Local, Yes  03-1J0104 Sacramento, Caltrans, Local, No
 Parlier Tactical Urbanism, City of Parlier, Local, Yes  EV Charging Infrastructure Network Plan, City of Corcoran, Federal, Yes  Parlier Industrial Park Sewer, City of Parlier, State, Yes  10-1G5104 LODI, Caltrans, State, No
 Earl Ruth Park Playground, City of Parlier, Federal, Yes  03-4F1714 Esparto Ramps, Caltrans, State, No
 City of Parlier Bikes and Trails Master Plan, City of Parlier, Federal, Yes  Fresno County Jensen Shoulder, County of Fresno, Federal, No  01-0B6204 Eureka Ramps, Caltrans, State, No
December 14, 2023 Pg. 44
 06-0U4204 Selma, Caltrans, State, No
 04-1J9704 Los Gatos, Caltrans, State, No
 Fig Tree Park, City of Parlier, Federal, Yes
 Parlier 2021 Road Rehab, City of Parlier, Federal, Yes  Parlier Manning Avenue Rehab, City of Parlier, Federal, Yes  Parlier Ave Bulb-Outs, City of Parlier, Federal, Yes
 Boswell Park Improvements, City of Corcoran, Federal, Yes  Parlier Water & Sewer Master Plans, City of Parlier, Federal, Yes  Lemoore 2021 Annual Road Maintenance Project, City of Lemoore, Local, Yes  Outdoor Equity Grants Program, City of Parlier, State, Yes  CML 5223-022 CMAQ Bicycle and Pedestrian Facilities Phase 1, City of Corcoran, Federal, Yes  CML 5223-023 CMAQ Bicycle and Pedestrian Facilities Phase 2, City of Corcoran, Federal, Yes  ATLP 5252 (030) SRTS ATP Cycle 3, City of Parlier, Federal, Yes  STPL 5252 (029) Zediker Ave Reconstruction Phase 2, City of Parlier, Federal, Yes  ATP Cycle 5 Corcoran 5223 (025), City of Corcoran, Federal, Yes  5223-024 HSIP Cycle 10 Corcoran, City of Corcoran, Federal, Yes  Earl Ruth Park, City of Parlier, State, Yes
 CML 5252 (028) Chavez Elementary Alley, City of Parlier, Federal, Yes  CML-5252 (026) Manning Avenue Sidewalk Phase 2, City of Parlier, Federal, Yes  ATPL 5252 (024) Manning Ave Sidewalk Phase 1, City of Parlier, Federal, Yes  STPL 5252 (027) Zediker Ave Reconstruction Phase 1, City of Parlier, Federal, Yes  Parlier Downtown Beautification, City of Parlier, Federal, Yes  HSIP Cycle 10 Parlier, City of Parlier, Federal, Yes
 City of Dinuba Truck Route Analysis, City of Dinuba, Local, No  03-1H1904 Sacramento, Caltrans, State, No
 Urban Flood Project, City of Parlier, Federal, No
 Parlier Road Rehab, City of Parlier, Federal, No
 Parlier SB-1 Tuolumne, City of Parlier, Federal, No
 HSR Stormwater Basin Relocation, City of Corcoran, State, No  Parlier Wastewater Treatment Plant Improvements, City of Parlier, Federal, Yes  Well I5 Improvements, City of Corcoran, State, Yes
 08-1C38U4- Riverside County RT 10, Caltrans, State, No  Corcoran Sewer & Water Line Replacement, City of Corcoran, State, Yes  Corcoran Well 8 Water Quality Improvements, City of Corcoran, State, Yes  Parlier Storm Water Improvements, City of Parlier, State, Yes  07-311704 LA Ramps, Caltrans, State, No
 Corcoran 2020 SB1 Road Maintenance, City of Corcoran, State, Yes  Corcoran 2020 HIP Road Maintenance, City of Corcoran, Federal, Yes  Gateway Park, City of Corcoran, State, Yes
 City of Corcoran LRSP, City of Corcoran, State, Yes
 CMAQ 5223-019, City of Corcoran, Federal, Yes
 CMAQ 5223-020, City of Corcoran, Federal, Yes
 Letts & Sherman Improvements, City of Corcoran, Federal, Yes  Otis & North Roadway Safety Improvements, City of Corcoran, Federal, Yes  City of Woodlake LRSP, City of Woodlake, State, Yes
 City of Parlier LRSP, City of Parlier, State, Yes
 Stormwater Master Plan City of Corcoran, City of Corcoran, Federal, Yes  Water Master Plan City of Corcoran, City of Corcoran, Federal, Yes  Sanitary Sewer Master Plan City of Corcoran, City of Corcoran, Federal, Yes  NHC Lemoore Cultivation and Processing, City of Lemoore, Local, No  Orange & Otis Environmental Study PES, City of Corcoran, Federal, Yes  Industrial Park Environmental Study PES, City of Lemoore, Federal, No  Sequoia Walkway, City of Parlier, Federal, Yes
 Burnham Smith Park, City of Corcoran, State, Yes
 Caltrans 10-0X5204 Los Banos Ramps, Caltrans, State, No  Parlier Groundwater Recharge Project, City of Parlier, State, Yes  Parlier City Hall Covid Readiness Renovation Program CM, City of Parlier, Federal, Yes  Parlier Heritage Park Playground, City of Parlier, State, Yes December 14, 2023 Pg. 45
 04-2G4604 Berkeley Ramps, Caltrans, State, No
 City of Wasco_7th Street Reconstruction, City of Wasco, Federal, Yes  Fresno County On-Call, County of Fresno, Federal, No
 City of Lemoore 80 Acre Kashian Development, City of Lemoore, Local, No  City of Corcoran Pedestrian Safety Improvements, City of Corcoran, Federal, Yes  04-4k1104 HWY 1 19th Ave Signalization, SF, Caltrans, State, No  04-2J1004 HWY 29 Roundabouts, Napa, Caltrans, State, No  Prop 68 Corcoran Park Grant, City of Corcoran, State, Yes  HWY 89 Emergency Bridge Replacement, Caltrans, State, No  City of Corcoran WWTP Modification & Expansion, City of Corcoran, State, Yes  City of Corcoran High Speed Rail, City of Corcoran, State, Yes  Self Help Spring Mountain, Self Help, State, No
 Groundwater Treatment and Remediation Grant, City of Parlier, State, Yes Conflict of Interest Statement – A&M Consulting Engineers has nothing to disclose.

Litigation – A&M Consulting Engineers has never been involved with any litigation in connection with prior projects.

Contract Agreement – A&M Consulting Engineers does not have any issues or needed changes to the proposed contract agreement included as Attachment A.

December 14, 2023 Pg. 46
Organization and Approach
A&M Consulting Engineers is pleased to present the following organizational chart as part of our proposal. This chart illustrates our commitment to a structured and efficient project management approach. Our proposed organization is designed to facilitate clear communication, streamline decision-making processes, and ensure that each project is executed with precision and expertise. We believe that this organizational framework will enable us to deliver exceptional service and successful outcomes for the City of Avenal.

Javier Andrade, PE
(Project Manager & City Engineer)
Orfil Muniz, PE
(Civil Engineer)
David Hernadez, PE -
Professional Civil Engineer
Anabel Reynoso, EIT –
Assistant Engineer
Denise Isaguirre, EIT –
Assistant Engineer
Gelasio Rodriguez, EIT –
Grant Management
Assistant
Nick Rios, EIT – Assistant
Engineer
Jesus Delgadillo, EIT –
Assistant Engineer
Nelson Gomez, EIT –
Assistant Engineer
Graciela Aguilar – Technical
Assistance Administrator
Richard Aviles, PLS
(City Surveyor)
Daniel Cerda, PLS
(Surveyor)
Jaime Contreras
(Public Works Inspector)
Nick Rois
(Construction Observer)
Armando Piceno, EIT –
Assistant Engineer
December 14, 2023 Pg. 47
Our approach to this comprehensive scope of services is based on a structured and systematic methodology, ensuring that each task is executed with precision and expertise. Key elements of our project approach include:

Project Management: We will oversee all project management activities, including scheduling meetings, grant writing, adhering to grant submission deadlines, managing project schedules, and facilitating effective communication between the City, and Caltrans Local Assistance.

Preliminary Engineering Studies: Our team will undertake preliminary engineering studies to establish project parameters, encompassing Geometrics, Hydraulics, Geotechnical, Landscape Architecture, Traffic Operations, Electrical, and ITS Elements, among others.

Grant Writing & Administration: We will complete state and federal grant applications for competitive programs, facilitate community engagement meetings, and conduct public surveys. Additionally, we will provide comprehensive grant administration services, including progress reporting, financial record maintenance, and compliance with grantor requirements.

Environmental Studies and Documentation: A&M will handle the environmental review process, submit the Caltrans Preliminary Environmental Study, and prepare necessary technical studies for the NEPA document. We will also assist in preparing the CEQA or NEPA document.

Utility Coordination: Our team will collaborate with utility companies to meet their requirements, including the submission of improvement plans and coordinating utility relocations as needed.

Right of Way Phase & Determination: We will prepare the Request for Authorization to advance the project to the Right of Way Phase, and if necessary, review right-of-way records and establish additional right-of-way along the entire alignment.

Design: A&M will design the project improvements in accordance with Caltrans Standards and AASHTO Geometric Design guidelines. We will examine project alternatives to achieve project goals within the construction budget and submit the plans, specifications, and estimates at 60%, 90%, and final contract document stages.

Coordination with Adjacent Properties: We will coordinate with adjacent properties to determine driveway locations and address modifications required in front of their properties.

Construction Phase Authorization: Our team will prepare the Request for Authorization to advance the project to the Construction Phase following Caltrans Local Assistance Procedures.

Bid Process: We will provide final approved plans and specifications in electronic and hard copy formats, respond to bidphase questions, and prepare addendums as needed.

Construction Management: We will offer construction management and observation services, including pre-construction meetings, staking, observation during construction, daily field reports, documentation maintenance, progress meetings, pay request reviews, change order recommendations, and final acceptance support.

Project Administration: A&M will prepare and submit Requests for Authorization (RFA) to Caltrans Local Assistance for various phases of work, including Preliminary Engineering, Right of Way, Utility Relocation, and Construction. We will also assist in preparing Federal and State invoices for the city.

Our approach ensures compliance with state and federal regulations and offers a comprehensive range of services to support the City's diverse infrastructure projects effectively. The list of programs below are a summary of grant or reimbursement programs that A&M will work on for the City of Avenal:

Federal Aid Highway Program: We have a strong history of securing funding through the Federal Aid Highway Program for transportation infrastructure projects. Our expertise includes the preparation of comprehensive grant applications tailored to the program's requirements.

Community Development Block Grant (CDBG): A&M has successfully navigated the CDBG application process to secure funding for community development initiatives, including housing, public facilities, and economic development projects.

State Revolving Fund (SRF) Programs: Our team has a proven track record of obtaining financing through SRF programs for critical water and wastewater infrastructure projects. We are adept at preparing applications that meet the stringent criteria of these programs.

December 14, 2023 Pg. 48
California Energy Commission (CEC) Grants: A&M has successfully secured grants from the California Energy Commission to support energy-efficient infrastructure projects, contributing to sustainability and resource conservation.

Federal Emergency Management Agency (FEMA) Grants: We have assisted clients in applying for FEMA grants to fund disaster mitigation and recovery projects, enhancing community resilience.

Hazard Mitigation Assistance (HMA) Grants: Our team has secured HMA grants to fund projects aimed at reducing the risk and impact of natural disasters on communities.

State and Local Grants: A&M has a comprehensive understanding of various state and local grant programs available for infrastructure improvements, including those related to public works, parks, and community development.

Environmental Protection Agency (EPA) Grants: We have successfully applied for EPA grants to address environmental challenges, such as water quality improvement and pollution prevention.

Department of Housing and Urban Development (HUD) Grants: A&M has navigated the application process for HUD grants, securing funding for affordable housing and community development projects.

Department of Transportation (DOT) Grants: Our team has expertise in applying for DOT grants to support transportation infrastructure projects, including road improvements and transit initiatives.

Water Infrastructure Finance and Innovation Act (WIFIA) Loans: A&M has experience in preparing applications for WIFIA loans, which provide low-interest financing for water and wastewater infrastructure projects.

These examples showcase our proficiency in identifying and securing funding opportunities across a wide range of programs, allowing us to effectively meet the infrastructure needs of the City of Avenal. Within the framework of our OnCall Services commitment, A&M Consulting Engineers will diligently pursue, assess, and submit applications for the following programs as deemed essential. A&M has demonstrated a history of success with the following programs.  Outdoor Equity Grants Program (OEP) - Round
2  Reconnecting Communities and Neighborhoods
 Land Flex (Phase 2)
 Multimodal Project Discretionary Grant (MPDG)
 Federal - Railroad Crossing Elimination
 Clean California Local Grant Program
 Land & Water Conservation Fund
 Recreational Trails Program
 Environmental Enhancement & Mitigation
 Infill Infrastructure Grant Program (IIG)
 CDBG- Community Development Block Grant
 Safe Streets and Roads for All Grant
 Equitable Community Revitalization Grants
(ECRG)
 Urban & Community Forestry Grant Program
 Green Schoolyard Grant Guidelines
 Small Community Drought Relief Program
 Clean Mobility Options
 Climate Adaptation Planning Grant (under the
STP Grant Program)
 Sustainable Transportation Planning (STP)
Grant Program
 Urban Community Drought Relief Grant
Program
 Federal Reconnecting Communities Pilot
Program
 Consolidated Rail Infrastructure and Safety
Improvements Program (CRISI)
 Solutions for Congested Corridors Program
(SCCP)
 Trade Corridor Enhancement Program (TCEP)
 Local Partnership Program (LPP)
 Outdoor Recreation Legacy Partnership (ORLP)
Program
 USDA Rural Energy Pilot Program
 USDA Solid Waste Management Grant
 USDA Water & Waste Disposal Predevelopment
Planning Grants
 EPA Brownfield Grants
 EPA Air Grants
 Youth Community Access Grant Program
 Carbon Reduction Program
 Highway Safety Improvement Program (HSIP)
 Urban Greening Program
 Urban Flood Protection Grant Program
 Ongoing Grants/Programs
 The Safe and Affordable Funding for Equity and
Resilience Program (SAFER)
 Small Community Clean Water/Wastewater
(SCWW) Funding
 USDA Community Facilities Direct Loan & Grant
 USDA Community Water Assistance Grants
 USDA OneRD Guarantee Loan Initiative:

Community Facilities Guaranteed Loan
 CAA Interim Emergency Drinking Water program
 San Joaquin Valley Air Pollution Control District
Charge Up Program
December 14, 2023 Pg. 49
 San Joaquin Valley Air Pollution Control District
Alternative Fuel (ATF) Vehicle Purchase
 San Joaquin Valley Air Pollution Control District
Bike Paths Program
 Water Recycling Funding Program Facilities
Planning Grant
 Clean Water State Revolving Fund
 Drinking Water State Revolving Fund- Planning
 San Joaquin Valley Air Pollution Control District
Alternative Fuel Infrastructure
 CALeVIP Funding (Fresno, Kern, and San
Joaquin Counties)
 Transformative Climate Communities 2019
Planning Grant
 SB2 HCD Planning Application
 Prop 1: Stormwater Grant Program
 Urban Flood Protection Grant Program
 Natural Resources Agency Urban Greening
Grant Program
 Local Early Action Planning Grant 2020
 Prop 68- Groundwater Remediation
 Active Transportation Program (ATP)
 Highway Infrastructure Program
 Urban Greening
 Sustainable Transportation Planning (STP)
Grant Program
 State Revolving Fund - Planning
 Water Infrastructure Finance and Innovation Act
(WIFIA) Program
 Railroad Crossing Elimination (RCE) Program
 Consolidated Rail Infrastructure and Safety
Improvements (CRISI)
 Rebuilding American Infrastructure with
Sustainability and Equity (RAISE) Grants
Program
 Climate Pollution Reduction Grants (CPRG)
Program Implementation Grant
 Thriving Communities Program
 EV Charger Reliability & Accessibility
Accelerator Program
 Drinking Water System Infrastructure Resilience
and Sustainability Grant Program
December 14, 2023 Pg. 50
A-1
2023 HOURLY RATE SCHEDULE
Prevailing Wage

CLASSIFICATION RATE
City Engineer......................................................................................................... $139.00/Hour Professional Engineer . ........................................................................................ $104.00/Hour Assistant Engineer . ............................................................................................. $85.00/Hour Professional Land Surveyor ................................................................................. $150.00/Hour Grant Manager....................................................................................................... $105.00/Hour Land Services Technician ....................................................................................... $95.00/Hour Professional Landscape Architect ......................................................................... $115.00/Hour Landscape Designer ................................................................................................ $90.00/Hour Environmental Consultant .................................................................................... $100.00/Hour Construction Manager ........................................................................................... $105.00/Hour Construction Inspector/ Observer .......................................................................... $85.00/Hour Construction Administrator .................................................................................... $85.00/Hour 1-Man Survey Party .............................................................................................. $150.00/Hour 2-Man Survey Party .............................................................................................. $250.00/Hour Mileage ....................................................................................................... @ Current IRS Rate Note: A&M Consulting Engineers General Engineering Fee Schedule rates are subject to adjustment annually. Survey party and construction inspector rates are also subject to adjustment upon change in “Prevailing Rate” as determined by the Director of Industrial Relations, State of California.

Principal Engineer.................................................................................................. $155.00/Hour December 14, 2023 Pg. 51

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL AWARDING A CONSULTANT

CONTRACT TO A&M CONSULTING

ENGINEERS FOR A THREE-YEAR PERIOD,

WITH AN OPTION TO EXTEND FOR TWO

ADDITIONAL ONE-YEAR PERIODS TO

PROVIDE ON-CALL CITY ENGINEERING

SERVICES FOR STATE AND FEDERALLY
FUNDED PROJECTS.

RESOLUTION 2023-__46___
WHEREAS, the City of Avenal (“City”) needs to retain certain professional, technical and/or specialized services of an independent consultant to assist the City in engineering matters; and
WHEREAS, the City issued a Request for Qualifications (RFQ) for On-Call Services for State and Federally Funded Projects on November 2nd, 2023, and received one (1) proposal by the deadline of November 16, 2023; and
WHEREAS, Staff reviewed and selected the most qualified firm to provide services; and
WHEREAS, Consultant has the requisite skill, training, qualifications, and experience to render such services called for under the attached proposal to City.

WHEREAS, the City wishes to enter into agreements with A&M Consulting Engineers to provide on-call city engineering services for a term through January 1, 2027 with an option to extend for two additional one-year periods.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON December 14, 2023, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

December 14, 2023 Pg. 52

ATTEST:

HARLIN CASIDA, Mayor,

CITY OF AVENAL
MARIA ORTIZ, City Clerk

CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found foregoing recitals above to be true and correct;

2. That the City Council of the City of Avenal does hereby approve the On-Call Consulting Services Agreements with A&M Consulting Engineers to provide oncall city engineering services as attached in the proposal hereto as Exhibit “A” to this Resolution.

3. The On-Call Consulting Services Agreements shall be finalized at a later date, to be reviewed by the City Attorney. Once the agreements are finalized and signed, they are to be brought back to the City Council for ratification.

4. The City Council of the City of Avenal hereby authorizes the City Manager to sign and execute documents and agreements related to this action on behalf of the City of Avenal.

5. Ordered relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
December 14, 2023 Pg. 53
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 10. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 14, 2023
RE: Consider Caltrans Maintenance Agreement as part of Clean California Grant, for SR 269 (Skyline) and SR 33.

INFORMATION:

Through 2023, Caltrans has been in contact with City Staff regarding utilizing of their Clean California grant to help beautify state roadways in the city of Avenal. Throughout those discussions, were talks about how to improve the landscaping on Skyline, adding more drought tolerant features and art on the electrical boxes. Council also requested that SR 33 be included in the grant to simplify the landscaping and consider widening the shoulders from San Joaquin to 7th Avenue.

Attached, are drafts of a transportation art maintenance agreement, and a landscape agreement provided by Caltrans for them to move forward with their intended projects in connection with the Clean California Grant. The proposed agreements outline the responsibilities that the City would undertake for the maintenance of improvements made by Caltrans on State Route 269 (SR 269) and State Route 33 (SR 33).

After careful consideration and evaluation, the City Staff has some reservations regarding the approval of these agreements. While the changes on SR 269 are minimal, our primary concern lies with the implications for SR 33. Historically, the City has not been tasked with maintaining any aspects of SR 33, and the introduction of such responsibilities poses a challenge due to our current manpower constraints with no fiscal compensation in return. Of note, the last few years the City has taken it upon itself to clear the brush along the shoulder of SR33, with no compensation in return.

Key points for consideration:
• Minimal Changes on SR 269: The proposed improvements on SR 269 are relatively minor, and City Staff does not foresee significant challenges in assuming responsibility for their maintenance.
• Unprecedented Maintenance Responsibility on SR 33: Unlike SR 269, SR 33 has not required any maintenance from the City in the past. Taking on this new responsibility would necessitate a significant increase in manpower and resources, which may not be feasible now or in the future, particularly with no funding involved.

Considering these factors, City Staff is hesitant to recommend approval of the maintenance and landscaping agreements in their current form. We propose exploring alternative solutions or negotiating with Caltrans to address the concerns raised, particularly with respect to the unexpected burden on SR 33.

RECOMMENDATION:

We request the City Council's guidance and direction on how best to proceed in this matter.

December 14, 2023 Pg. 54
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1 TRANSPORTATION ART MAINTENANCE AGREEMENT

IN THE CITY OF AVENAL
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Avenal; hereinafter referred to as “PUBLIC AGENCY”; and collectively referred to as “PARTIES”.

SECTION I

RECITALS

1. WHEREAS, the PARTIES desire to work together to allocate their respective obligations relative to the Transportation Art Project (DESCRIPTION) constructed within STATE’s right of way (by Encroachment Permit No._________); and

2. WHEREAS, this Agreement addresses PUBLIC AGENCY’s responsibility for maintaining the Transportation Art, hereinafter referred to as “ART”, installed or painted within STATE right of way at various locations along SR 269, as shown in EXHIBIT A, titled “TRANSPORTATION ART LOCATION,” attached to and made part of this Agreement; and

3. WHEREAS, the PARTIES hereto mutually desire to clarify the division of maintenance responsibility as defined in Section 27 of the California Streets and Highway Code that include, but are not limited to, providing emergency repair and maintenance (collectively hereinafter “MAINTAIN/MAINTENANCE”) of ART at the location as shown on EXHIBIT A; and

4. WHEREAS, there are existing Freeway Maintenance Agreements between STATE and PUBLIC AGENCY, and this agreement is not intended to replace or supersede any other prior Freeway Maintenance Agreements.

NOW THEREFORE, IT IS AGREED AS FOLLOWS:

SECTION II

AGREEMENT

1. In consideration of the mutual covenants and promises herein contained, PUBLIC AGENCY and STATE agree as follows:

1.1. When a change to this Agreement is necessary, PARTIES will execute a formal amendment in writing by and through their authorized representatives.

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2 1.2. EXHIBIT A consists of plan drawings that delineate the areas within STATE right of way which are the responsibility of the PUBLIC AGENCY to maintain in accordance with this Agreement.

1.3. PARTIES agree maintenance responsibilities include, but are not limited to, inspection, providing emergency repair, and maintenance as defined in Section 2 below, of ART as shown in EXHIBIT A.

2. PUBLIC AGENCY’s obligation hereunder, at PUBLIC AGENCY’s expense, include the following:

2.1. PUBLIC AGENCY shall MAINTAIN ART conforming to those plans pre-approved by STATE Transportation Art Proposal for as long as it remains in place.

2.2. To MAINTAIN all ART within the Agreement limits of the STATE freeway right of way, as shown on EXHIBIT A. MAINTENANCE includes, but is not limited to restoration or replacement of damaged ART, removal of dirt, debris, graffiti, grown vegetation and weeds surrounding ART, and removal of any deleterious item or material on ART in an expeditious manner. Graffiti removal must conform to applicable STATE policies and guidelines that require prompt removal of offensive messages and time removal of all other graffiti.

Maintenance practices must protect air and water quality as required by law.

2.2.1. Refer to Maintenance Manual Volume I, Chapter D1.06 Graffiti, and Caltrans Deputy Directive DD-39 for graffiti removal and prevention policy.

2.3. PUBLIC AGENCY shall submit the final form of the plans for ART to STATE’s District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE’s right of way. All proposed ART must meet STATE’s standards.

2.4. PUBLIC AGENCY is required to obtain from artist, or any party PUBLIC AGENCY contracts with for the ART, a signed, notarized, and executed Caltrans’ Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork Agreement, which assigns all copyright interests in the ART to the STATE.

2.5. PUBLIC AGENCY is required to annually obtain an Encroachment Permit from STATE’s District __ Encroachment Permit Office prior to entering STATE right of way over a set 12-month period to perform PUBLIC AGENCY maintenance responsibilities. This permit will be issued at no cost to PUBLIC AGENCY.

2.6. PUBLIC AGENCY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE’s right of way.

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3 2.7. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way.

2.8. PUBLIC AGENCY shall ensure ART is provided with adequate scheduled routine maintenance necessary to maintain a neat and attractive appearance.

PUBLIC AGENCY shall coordinate said MAINTENANCE with STATE prior to the start of any work

2.9. PUBLIC AGENCY shall replace or repair damaged ART when observed or within thirty (30) calendar days of being notified in writing by STATE.

2.9.1. PUBLIC AGENCY contact (position title), (telephone number), (email address).

2.10. PUBLIC AGENCY shall remove ART and restore STATE owned areas to a safe and attractive condition acceptable to STATE, in the event this Agreement is terminated as set forth herein.

2.11. PUBLIC AGENCY shall expeditiously MAINTAIN, repair, replace, remove, or restore ART if it has become unsightly.

2.12. No work will be performed from the freeway or adjacent roadside, unless approved by STATE in the form of a separate Encroachment Permit. All work will be conducted from local streets or adjacent sidewalks if possible. PUBLIC AGENCY shall be responsible for necessary traffic operations, traffic control and traffic/lane closures required for MAINTENANCE operations in the area.

2.13. Other than STATE-approved ART, no alteration of the existing freeway structure or any other highway facility, including signage, will be permitted, unless preapproved in writing by STATE. No landscaping shall be removed to accommodate ART unless approved by STATE.

2.14. All work by or on behalf of PUBLIC AGENCY will be done at no cost to STATE.

2.15. PUBLIC AGENCY shall remove ART whenever, in the opinion of STATE, it creates a maintenance or operational concern. In the event PUBLIC AGENCY fails to remove ART in a timely manner, STATE may remove ART thirty (30) calendar days following written notification to PUBLIC AGENCY, and STATE will bill PUBLIC AGENCY for all costs of its removal and for the restoration of STATE-owned areas to their original condition.

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4 2.16. PUBLIC AGENCY may remove part or all of ART thirty (30) days following notification to STATE. PUBLIC AGENCY shall remove ART and restore STATEowned areas to a safe and attractive condition acceptable to STATE.

2.16.1. STATE contact (position title), (telephone number), (email address).

2.17. PUBLIC AGENCY shall maintain all rights and obligations under this agreement with any party it contracts with for ART in order to fulfill PUBLIC AGENCY’s obligations under this Agreement. These rights and obligations include, but are not limited to, the ability to repair or restore ART, remove ART, and clean ART.

2.18. ART located within STATE right-of-way becomes property of the STATE.

3. STATE shall have the following obligations and rights under this agreement.

3.1. Provide PUBLIC AGENCY with timely written notice of unsatisfactory conditions that require correction by the PUBLIC AGENCY. However, the non-receipt of notice does not excuse PUBLIC AGENCY from MAINTENANCE responsibilities assumed under this Agreement.

3.2. Provide PUBLIC AGENCY the necessary Encroachment Permits from STATE’s District _6_ Encroachment Permit Office prior to PUBLIC AGENCY’s entering STATE right of way to perform PUBLIC AGENCY MAINTENANCE responsibilities.

This permit will be issued at no cost to PUBLIC AGENCY.

3.3. Provide PUBLIC AGENCY’s contractor and ART artist(s) an Encroachment Permit from STATE prior to the start of any work within STATE’s right of way. A permit fee will be required for PUBLIC AGENCY’s contractor and for ART artist(s).

3.4. Reserve the right to remove ART or alter parts thereof due to emergency, e.g., immediate safety hazard to public as determined by STATE, construction, rehabilitation, or other necessary activities affecting transportation facilities without any obligation, compensation to, or approval of PUBLIC AGENCY.

3.5. STATE will not be responsible for the cost of any MAINTENANCE, repair, restoration, or replacement of ART which is damaged by anything STATE does or does not do in the course of STATE’s duties related to freeway operations and activities. STATE will not be responsible for any damages caused by any vandalism or accidents on the roadway.

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5 3.6. STATE will notify PUBLIC AGENCY thirty (30) days in advance of any planned work that may impact the ART. If the work required is due to a public safety hazard, this notification period does not apply, and STATE will notify PUBLIC AGENCY as soon as practicable of the planned or performed work.

4. LEGAL RELATIONS AND RESPONSIBILITIES

4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

4.2. If during the term of this Agreement, PUBLIC AGENCY should cease to MAINTAIN ART to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of PUBLIC AGENCY at PUBLIC AGENCY’s expense or direct PUBLIC AGENCY to remove or itself remove ART at PUBLIC AGENCY’s sole expense and restore STATE’s right of way to its prior condition. PUBLIC AGENCY hereby agrees to pay said STATE expenses, within thirty (30) calendar days of receipt of billing by STATE.

However, prior to STATE performing and MAINTENANCE or removing ART, STATE will provide written notice to PUBLIC AGENCY to cure the default and PUBLIC AGENCY will have 30 days within which to affect that cure.

4.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by PUBLIC AGENCY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that PUBLIC AGENCY shall fully defend, indemnify and hold harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including section but not limited to, tortious, contractual, inverse condemnation, copyright infringement, claims under the Visual Artists Rights Act, claims under the California Art Preservation Act, or other theories or assertions of liability resulting from the installation and placement of artwork upon STATE’s right of way located on/at ________________________________.

5. PREVAILING WAGES:

5.1. Labor Code Compliance- If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. PUBLIC AGENCY December 14, 2023 Pg. 59
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6 must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. PUBLIC AGENCY agrees to include prevailing wage requirements in its contracts for public work. Work performed by PUBLIC AGENCY’s own forces is exempt from the Labor Code’s Prevailing Wage requirements.

5.2. Requirements in Subcontracts - PUBLIC AGENCY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

6. INSURANCE

6.1. PUBLIC AGENCY is self-insured. PUBLIC AGENCY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this. The evidence of insurance is attached and incorporated into this Agreement as EXHIBIT B.

6.2. SELF-INSURED using Contractor - If the work performed on this Project is done under contract PUBLIC AGENCY shall require its contractors to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

7. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, or by STATE for cause. PUBLIC AGENCY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

8. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or December 14, 2023 Pg. 60
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7 terminated as set forth by Article 1.1 above. It is being understood and agreed, however, that the execution of this Agreement shall not affect any preexisting obligations of the PUBLIC AGENCY to MAINTAIN other designated areas until a written notice from STATE has been issued that work in such areas, which PUBLIC AGENCY has agreed to MAINTAIN pursuant to the terms of said agreement, has been completed.

9. EXECUTION IN COUNTERPARTS – This Agreement may be executed in any number of counterparts and by each party in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument.

10.USE OF ELECTRONIC SIGNATURES – Unless otherwise prohibited by law or PUBLIC AGENCY policy, the PARTIES agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the PUBLIC AGENCY and the STATE.

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8 PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF FRESNO STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
XXXXXXXXX, Mayor

TONY TAVARES
Director of Transportation
By: ___________________________
Deputy District Director
Maintenance District
ATTEST:

By: __________________________
XXXXXXX, City Clerk
By: __________________________
XXXXXXX, City Attorney
As to Form and Procedure:

By: _____________________________
Attorney
Department of Transportation
December 14, 2023 Pg. 62
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EXHIBIT A

(Plan map identifying the applicable STATE Routes (Freeway proper) and PUBLIC AGENCY road(s) and facilities), and other images as needed to convey location of ART.

December 14, 2023 Pg. 63
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EXHIBIT B – LETTER OF CERTIFICATE OF PUBLIC AGENCY___________

STATEMENT OF SELF INSURANCE

Insert (CT District) addressee information _______20__
ATTN: (name of CT representative)
Department of Finance
RE: Statement of Self Insurance for ____________ Related to ______________ Maintenance Agreement with State of California Department of Transportation (“STATE”) for the ________________ along Highway __________at ____________________
Dear __________
The purpose of this letter is to certify that CITY/COUNTY/TRIBE is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY/COUNTY/TRIBE is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY/COUNTY/TRIBE appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY/COUNTY/TRIBE.

The CITY/COUNTY/TRIBE certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 6.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY/COUNTY/TRIBE further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,
(Name printed and signed)

FINANCE MANAGER
December 14, 2023 Pg. 64

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Avenal LMA, TR 06-3-0002
1 LANDSCAPE MAINTENANCE AGREEMENT

WITH THE CITY OF AVENAL
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Avenal; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.

1. This AGREEMENT addresses CITY responsibility for the landscaping, planting, irrigation system, mulches, litter and weed removal, sidewalk, seat wall, concrete pad, wood fence, and parking restriction signs (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 33 and 269, as shown on Exhibit A, attached to and made a part of this AGREEMENT.

2. Maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”

3. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

4. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this AGREEMENT.

4.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this AGREEMENT will be required.

5. CITY agrees, at CITY expense, to do the following:

5.1.CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this AGREEMENT.

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2 5.1.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.

5.1.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.

5.1.3. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly.

5.2. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY.

5.3. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.

5.4. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 06 Maintenance Landscaping Specialist at 1635 W Pine Avenue, Fresno, CA 93728.

5.5.CITY shall ensure LANDSCAPING within the AGREEMENT limits provide an acceptable walking and riding surface, and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.

5.6. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.

5.7. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this AGREEMENT is terminated as set forth herein.

6. STATE may provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this AGREEMENT.

7. STATE shall Issue encroachment permits to CITY and CITY contractors at no cost to them.

8. LEGAL RELATIONS AND RESPONSIBILITIES:

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Avenal LMA, TR 06-3-0002
3 8.1.Nothing within the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT, or affect the legal liability of either PARTY to this AGREEMENT by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.

8.2.If during the term of this AGREEMENT, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this AGREEMENT, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.

8.3.Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.

8.4.Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this AGREEMENT.

8.5.PREVAILING WAGES:

8.5.1. Labor Code Compliance- If the work performed under this AGREEMENT is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, December 14, 2023 Pg. 68
4/12/23
Avenal LMA, TR 06-3-0002
4 demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-

7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements.

8.5.2.Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this AGREEMENT is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

9. INSURANCE -

9.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of selfinsured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of SelfInsurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the MAINTENANCE location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

9.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this AGREEMENT.

10.TERMINATION - This AGREEMENT may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this AGREEMENT may be grounds for a Notice of Termination by STATE.

December 14, 2023 Pg. 69
4/12/23
Avenal LMA, TR 06-3-0002
5 11.TERM OF AGREEMENT -This AGREEMENT shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF AVENAL STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor
Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
John Liu, Deputy District Director,
Maintenance and Operations
ATTEST:

By: __________________________
City Clerk
By: __________________________
City Attorney
Asto Form and Procedure:

By: _____________________________
Attorney
Department of Transportation
December 14, 2023 Pg. 70
4/12/23
Avenal LMA, TR 06-3-0002
6 December 14, 2023 Pg. 71

EXHIBIT A
1 (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)
December 14, 2023 Pg. 72
EXHIBIT B – LETTER OF CERTIFICATE OF CITY OF AVENAL STATEMENT OF SELF

INSURANCE
1 Department of Transportation _______20__
1352 W. Olive Avenue
Fresno, CA 93728-4067
ATTN: Daniel Lum

CITY OF AVENAL
Department of Finance
RE: Statement of Self Insurance for City of Avenal Related to Landscape Maintenance Agreement with State of California Department of Transportation (“STATE”) for the LANDSCAPING along Highway 33 at postmile

16.41/17.94 and Highway 269 at postmile 0.0/0.86
Dear Mr. Lum,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 9 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

FINANCE MANAGER
December 14, 2023 Pg. 73

MARYLYN CHUE
06 BRAD COLE
06220000831
xx/xx/xx

XX-XX-XX
1501
12-20-22
x
x
x
x
x
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LAST REVISION

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION

CHECKED BY

REVISED BY

DATE REVISED

PLANS APPROVAL DATE

LICENSED LANDSCAPE ARCHITECT

LICENSED LANDS APE ARCHITECT
Signature
Renewal Date
Date
C

SENIOR LANDSCAPE ARCHITECT
DATE PLOTTED =>TIME PLOTTED =>
3/28/2023
11:09:34 AM
R
COPIES OF THIS PLAN SHEET.

THE ACCURACY OR COMPLETENESS OF SCANNED

OR AGENTS SHALL NOT BE RESPONSIBLE FOR

THE STATE OF CALIFORNIA OR ITS OFFICERS
R
USERNAME =>
DGN FILE => ...\daniel\daniel sheet.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
BORDER LAST REVISED 9/8/2021 UNIT PROJECT NUMBER & PHASE CALCULATED- DESIGNED BY LANDSCAPE ARCHITECTURE JERRY ALDRICH Kings 269/33
33 16.41-17.94
269 0.0-0.86/
xx xx
LL-1

LANDSCAPE LAYOUT
SCALE: 1"=20'
S 4TH
Ave
S 5TH
Ave
S 7TH Ave
PM 16.50
PM 16.55
PM 16.60
PM 16.65
PM 16.70 PM 16.75
PM 16.80
S 7TH
Ave

R/W R/W
R/W
R/W
R/W
ROUTE 33
ROUTE 33
ROUTE 33
R/W
R/W

R/W R/W
R/W
S 3RD
Ave
S 4TH
Ave
PM 16.85 PM 16.90 PM 16.95 PM 17.00 PM 17.05
E
ORANGE St
R/W

R/W R/W
R/W
ROUTE 33 ROUTE 33
R/W

R/W R/W
R/W
BRAD
R.

Y
BUR
COLE No.45 81
11/30/24

EXHIBIT A

AVENAL LANDSCAPE MAINTENANCE AGREEMENT
ROUTE 33, PM 16.41/17.94 (7TH Ave TO SAN JOAQUIN St)
ROUTE 269, PM 0.0/0.86 (ROUTE 33 TO CENTRAL Ave)

AREA TO BE MAINTAINED BY CITY
PAGE 1 OF 4
December 14, 2023 Pg. 74
LL-2

LANDSCAPE LAYOUT
SCALE: 1"=20'

MARYLYN CHUE
06 BRAD COLE
06220000831
xx/xx/xx

XX-XX-XX
1501
12-20-22
x
x
x
x
x
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LAST REVISION

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION

CHECKED BY

REVISED BY

DATE REVISED

PLANS APPROVAL DATE

LICENSED LANDSCAPE ARCHITECT

LICENSED LANDS APE ARCHITECT
Signature
Renewal Date
Date
C

SENIOR LANDSCAPE ARCHITECT
DATE PLOTTED =>TIME PLOTTED =>
3/28/2023
11:10:08 AM
R
COPIES OF THIS PLAN SHEET.

THE ACCURACY OR COMPLETENESS OF SCANNED

OR AGENTS SHALL NOT BE RESPONSIBLE FOR

THE STATE OF CALIFORNIA OR ITS OFFICERS
R
USERNAME =>
DGN FILE => ...\daniel\daniel sheet.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
BORDER LAST REVISED 9/8/2021 UNIT PROJECT NUMBER & PHASE CALCULATED- DESIGNED BY LANDSCAPE ARCHITECTURE JERRY ALDRICH Kings 269/33
33 16.41-17.94
269 0.0-0.86/
xx xx
E
TULARE St
S 1ST
Ave
PM 17.20 PM 17.25 PM 17.30 PM 17.35 PM 17.40 PM 17.45 PM 17.50 R/W
R/W

R/W R/W
R/W
R/W
R/W ROUTE 33 ROUTE 33 ROUTE 33
R/W
R/W
R/W
W

KINGS ST
R/W
R/W
R/W
ROUTE 33
W
MADERA St
W STANISLAUS St
W SAN
JOAQUIN St
PM 17.55 PM 17.60 PM 17.65 PM 17.70 PM 17.75
PM 17.80 PM 17.831
ROUTE 33

R/W R/W

R/W R/W

R/W R/W
R/W
ROUTE 33
R/W

R/W R/W

R/W R/W
R/W W
MERCED St
BRAD
R.

Y
BUR
COLE No.45 81
11/30/24

EXHIBIT A

AVENAL LANDSCAPE MAINTENANCE AGREEMENT
ROUTE 33, PM 16.41/17.94 (7TH Ave TO SAN JOAQUIN St)
ROUTE 269, PM 0.0/0.86 (ROUTE 33 TO CENTRAL Ave)
AREA TO BE MAINTAINED BY CITY PAGE 2 OF 4
December 14, 2023 Pg. 75
LL-3

LANDSCAPE LAYOUT
SCALE: 1"=20'

MARYLYN CHUE
06 BRAD COLE
06220000831
xx/xx/xx

XX-XX-XX
1501
12-20-22
x
x
x
x
x
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LAST REVISION

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION

CHECKED BY

REVISED BY

DATE REVISED

PLANS APPROVAL DATE

LICENSED LANDSCAPE ARCHITECT

LICENSED LANDS APE ARCHITECT
Signature
Renewal Date
Date
C

SENIOR LANDSCAPE ARCHITECT
DATE PLOTTED =>TIME PLOTTED =>
4/9/2023
8:31:03 PM
R
COPIES OF THIS PLAN SHEET.

THE ACCURACY OR COMPLETENESS OF SCANNED

OR AGENTS SHALL NOT BE RESPONSIBLE FOR

THE STATE OF CALIFORNIA OR ITS OFFICERS
R
USERNAME =>
DGN FILE => ...\daniel\daniel sheet.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
BORDER LAST REVISED 9/8/2021 UNIT PROJECT NUMBER & PHASE CALCULATED- DESIGNED BY LANDSCAPE ARCHITECTURE JERRY ALDRICH Kings 269/33
33 16.41-17.94
269 0.0-0.86/
xx xx
PM 0.00 PM 0.02
PM 0.05 PM 0.10 PM 0.15 PM 0.20
S 3RD
Ave
S 3RD
Ave
S 2ND
Ave
E KERN St
E TULARE St
E TULARE St
PM

17.10 PM 17.15
ROUTE 269 (SKYLINE Blvd)
ROUTE 269 (SKYLINE Blvd)

R/W R/W R/W
R/W
R/W

R/W R/W
R/W
ROUTE
33 R/W
ROUTE 269 (SKYLINE Blvd)
R/W
R/W
ROUTE
33 PM 0.25 PM 0.30 PM 0.35 PM 0.40
S 5TH
Ave
E
KINGS St
S 4TH St
E FRESNO St
E KINGS St
E KINGS St
S 5TH
Ave
ROUTE 269 (SKYLINE Blvd)
ROUTE 269 (SKYLINE Blvd)
S 4TH St

R/W R/W R/W R/W R/W

R/W R/W R/W R/W R/W R/W
BRAD
R.

Y
BUR
COLE No.45 81
11/30/24

EXHIBIT A

AVENAL LANDSCAPE MAINTENANCE AGREEMENT
ROUTE 33, PM 16.41/17.94 (7TH Ave TO SAN JOAQUIN St)
ROUTE 269, PM 0.0/0.86 (ROUTE 33 TO CENTRAL Ave)
AREA TO BE MAINTAINED BY CITY PAGE 3 OF 4
December 14, 2023 Pg. 76
LL-3

LANDSCAPE LAYOUT
SCALE: 1"=20'

MARYLYN CHUE
06 BRAD COLE
06220000831
xx/xx/xx

XX-XX-XX
1501
12-20-22
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LAST REVISION

STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION

CHECKED BY

REVISED BY

DATE REVISED

PLANS APPROVAL DATE

LICENSED LANDSCAPE ARCHITECT

LICENSED LANDS APE ARCHITECT
Signature
Renewal Date
Date
C

SENIOR LANDSCAPE ARCHITECT
DATE PLOTTED =>TIME PLOTTED =>
4/9/2023
8:32:26 PM
R
COPIES OF THIS PLAN SHEET.

THE ACCURACY OR COMPLETENESS OF SCANNED

OR AGENTS SHALL NOT BE RESPONSIBLE FOR

THE STATE OF CALIFORNIA OR ITS OFFICERS
R
USERNAME =>
DGN FILE => ...\daniel\daniel sheet.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
BORDER LAST REVISED 9/8/2021 UNIT PROJECT NUMBER & PHASE CALCULATED- DESIGNED BY LANDSCAPE ARCHITECTURE JERRY ALDRICH Kings 269/33
33 16.41-17.94
269 0.0-0.86/
xx xx
PM 0.45 PM 0.50 PM 0.55 PM 0.60 PM 0.65 PM 0.70 PM 0.75 E FRESNO St
S 7TH
Ave
S 6TH
Ave
S 6TH
Ave
S CENTRAL Ave
E MADERA St
S 7TH
Ave
S CENTRAL Ave
ROUTE 269 (SKYLINE Blvd)
ROUTE 269 (SKYLINE Blvd)
ROUTE 269 (SKYLINE Blvd)

R/W R/W R/W R/W R/W R/W

R/W R/W R/W R/W R/W R/W
BRAD
R.

Y
BUR
COLE No.45 81
11/30/24

EXHIBIT A

AVENAL LANDSCAPE MAINTENANCE AGREEMENT
ROUTE 33, PM 16.41/17.94 (7TH Ave TO SAN JOAQUIN St)
ROUTE 269, PM 0.0/0.86 (ROUTE 33 TO CENTRAL Ave)
PAGE 4 OF 4

AREA TO BE MAINTAINED BY CITY
December 14, 2023 Pg. 77