City Council/Successor Agency/Public Finance Authority
February 8, 2024

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
FEBRUARY 8, 2024; 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: 2024-07
(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: 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

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 January 24 & 25, 2024.

B. Consider Authorizing an Application to RAISE Grant Funds (Resolution 2024-08).

C. Consider Authorizing Creation of the Director of Public Safety Position (Resolution 2024-09).

D. Consider Authorizing the Mayor to sign a Letter Verifying Awareness of a CCW Application by the City Manager (Resolution 2024-10).

E. Consider Amending Stationary Food Vending Application to include Veterans Hall and Kings Street public Parking Lots as Alternate Authorized Locations.

F. Consider Approving Avenal Art Maintenance and Landscape Agreement 06-1E750 with CalTrans for Skyline Boulevard (Resolution 2024-11).

G. Consider Authorization to Sign a Subordinated Lender's Consent for El Palmar Project (SA Resolution 2024-01).

February 8, 2024 Pg. 1

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

A. None.

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Scott Davis, Public Works Supervisor.

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

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

B. Special Presentations/Reports:
1) None.

8. PUBLIC HEARING(s):

A. None

9. OLD BUSINESS:

A. None.

10. NEW BUSINESS:

A. None.

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, February 5, 2024.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
February 8, 2024 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA EL 8 DE FEBRERO DE 2024; 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: 2024-07 (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: 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

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 24 y 25 de enero de 2024.

B. Considerar la posibilidad de autorizar una solicitud para obtener fondos de la subvención RAISE (Resolución 2024-08).

C. Considerar autorizar la creación del cargo de Director de Seguridad Pública (Resolución 2024-09).

D. Considere autorizar al alcalde a firmar una carta de verificación del conocimiento de una solicitud de CCW por parte del administrador de la ciudad (Resolución 2024-10).

E. Considere enmendar la Solicitud de Venta Estacionaria de Alimentos para incluir los Estacionamientos Públicos de Veterans Hall y Kings Street como Ubicaciones Alternativas Autorizadas.

February 8, 2024 Pg. 3
F. Considerar la aprobación del Acuerdo de Mantenimiento y Paisajismo de Arte Avenal 06-1E750 con CalTrans para Skyline Boulevard (Resolución 2024-11).

G. Considerar la autorización para firmar el consentimiento de un prestamista subordinado para el Proyecto El Palmar (Resolución SA 2024-01).

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

A. Ninguno.

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

A. Informes de actividad:

1. Informe de Actividades de los Departamentos de Obras Públicas/Aplicación de Códigos/Control de Animales: Scott Davis,
Supervisor de Obras Públicas.

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

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

B. Presentaciones/Informes Especiales:
1) Ninguno.

8. AUDIENCIA(s) PÚBLICA(s):

A. Ninguno

9. NEGOCIOS ANTIGUOS:

A. Ninguno.

10. NUEVOS NEGOCIOS:

A. Ninguno.

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 5 de febrero de 2024.
__ /s/ María Ortiz
María Ortiz, Secretaria Municipal
February 8, 2024 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

SPECIAL CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JANUAY 24, 2024; 6:00 P.M.

AVENAL CITY HALL, 919 SKYLINE BLVD., AVENAL, CA
VIA ZOOM VIDEO/WEB CONFERENCING:

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

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:37 p.m.

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

Mayor Alvaro Preciado.

ABSENT: None.

STAFF: Lopez, Ortiz, Bermudez.

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 6:01 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. Personnel (Government Code §54957(b)). Consider Public Employee Performance Evaluation for the Positions of:
• City Manager
Mayor Preciado re-opened City Council meeting at 7:19 p.m. with nothing to report out of Closed Session.

OLD BUSINESS:

A. Consider Approval of Municipal Solid Waste Collection Agreement between the City of Avenal and Mid- Valley Disposal, LLC, and adjacent services (Resolution 2024-02).

Antony Lopez, City Manager reported that item continued, and it was originally presented on January 11, 2024, at a regular City Council meeting. In the packet for said meeting, included a version of the agreement which had been vetted by the City Attorney’s office to include a fixed ten (10) year term to the agreement between the City and MidValley, with one-year extensions thereafter to ensure a continuity of service if a new agreement was not reached. City Staff was contacted by Mid-Valley representatives that a ten-year fixed term was not viable for their financial investments to the community and to meet the new requirements per SB-1383. The cost analysis and fees they presented to City Staff as part of the Prop 218 rate study, was under the assumption of a rolling-term agreement that would help Mid-Valley secure financing for new equipment and ensure lower rates for the customers.

After this revelation, Staff presented both versions of the language for a fixed and a rolling term to the Council. MidValley President and CEO, Joseph Kalpakoff, was also present to explain Mid-Valley’s position on needing a rolling term agreement, and the possibility of the rates increasing by $2-3 dollars should the agreement be only fixed to ten years. At the City Attorney’s urging, the Council tabled the item to the next Council meeting, pending further review and changes to the current agreement. Attached is the latest version of the agreement, which includes a recital that makes clear that this agreement is a one-time sort of arrangement to assist the contractor with special financing due to recent legislative needs AGENDA ITEM NO. 5. – A.

February 8, 2024 Pg. 5
Joint Meeting City Council/Successor Agency/PFA – October 13, 2022

of today and will not be a common practice. It also adds provisions that further clarify means for ending the agreement’s rolling term basis. Lastly, Mid-Valley has also proposed an alternative term to a ten-year rolling-term, instead proposing an initial five-year term, with the renewal/rolling provision starting in 2029 which would make the initial term 12 years, with rolling seven (7) year rolling term.

Staff is presenting the updated agreement, with an option to adopt it with either a 10 year or 7 year rolling term. Should council decide to instead approve the agreement with a fixed 10-year term, the Prop 218 study may need to redo account for possible cost increases alluded to by Mid-Valley. In either case, Staff recommends adopting Resolution 2024-02, authorizing the City Manager to execute a Municipal Solid Waste Collection Agreement with Mid Valley Disposal, Inc.

Below is the original staff report with supporting information on the new agreement with Mid-Valley After a lengthy discussion, the following action was taken.

RESOLUTION 2024-02: A RESOLUTION OF THE CITY AUTHORIZING ENTRY INTO SOLID WASTE COLLECTION AGREEMEN. Mayor Pro Tem Ramirez motion to authorizing the City Manager to execute a Municipal Solid Waste Collection Agreement with Mid Valley Disposal, Inc. with supporting information on the new agreement with Mid-Valley, seconded by Councilman Gravelle and carried.

Roll Call Vote:

AYES: Ramirez, Gravelle Verdugo, Hernandez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 7:49 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
February 8, 2024 Pg. 6

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
January 25, 2024; 5:15 P.M.

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

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

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:22 p.m.

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

ABSENT: Mayor Pro Tem Alejandro Ramirez.

STAFF: Lopez, Ortiz, Price, Bermudez, Nevarez.

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

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

The City Council went into Closed Session at 5:25 p.m.

CLOSED SESSION: (City/Successor Agency):

It isthe 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
Mayor Preciado reopened meeting at 6:19 p.m. with nothing to report out of Closed Session.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Maria Ortiz, City Clerk announced there was no public comment cards submitted.

AGENDA ITEM NO. 5. – A.

February 8, 2024 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – January 25, 2024

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 January 11, 2024.

B. Ratify Public Hearing to Close-Out of the 2020 CDBG Grant (20-CDBG-CV-2-3-0053) (Resolution 2024- 01).

C. Ratify Holiday Update Side Letter #2 of Agreement between the City of Avenal and Avenal Police Officers Association (Resolution 2024-03)
D. Consider Approving Employee Agreement, with Cecilio Velasco for position of Chief of Police: (Resolution 2024-04).

RATIFYING RESOLUTION 2023-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A

VENAL (SUCCESSOR AGENCY) APPROVING A RECOGNIZED PAYMENT SCHEDULE (ROPS) PURSUANT TO AB XI 26, FOR JULY 2024 THROUGH JUNE 2025. Councilman Gravelle motioned to approve, second by Councilman Verdugo and motion carried.

RATIFYING RESOLUTION 2023-03: Resolution of the City Council of the City of A venal Ratifying Side Letter #2 with the A venal Police Officer's Association (APOA) Attached to the July 1, 2021 -June 30, 2025, MOU.

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

RESOLUTION 2024-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL ENTERING INTO AN AGREEMENT WITH CECILIO VELASCO FOR THE POSITION OF "CHIEF OF POLICE" FOR THE CITY OF A VENAL POLICE DEPARTMENT. Councilman Gravelle motioned to approve, second by Councilman Verdugo and motion carried.

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

Roll Call Vote:

AYES: Gravelle, Verdugo, Hernandez, Preciado.

NOES: None.

ABSENT: Ramirez.

ABSTAIN: None.

PUBLIC HEARING(s):

A. Public Hearing on Proposed Solid Waste Collection Rates and Street Sweeping Fees from February 1, 2024- February 1, 2028.
a. Staff Report
b. Public Hearing
c. Discussion/Action: Approve Resolution 2024-05
Antony Lopez, City Manager reported that the existing solid waste collection rates have been in place for more than 23 years.

With new legislative requirements, particularly that of SB-1383, and at the request of Mid-Valley, which has taken the brunt of the new rules, regulations, and the need for compliant equipment, refuse rates must be increased, and new rate categories added for recycling and organics handling. The requested increase is being done in parallel with a proposed new solid waste collection agreement with Mid-Valley, handled separately from this resolution for rates. The new agreement also contains a street sweeping fee applicable to all customers, including detailed terms for Mid-Valley to perform street sweeping within the City limits on a regular basis.

Working closely with City staff, Dan Bergmann of IGService prepared a rate study to evaluate the City’s cost of billing and overhead associated with solid waste collection and to comply with the requirements of Proposition 218. The rate study is included with this staff report. The Proposition 218-compliant rate notice is also included. The alternative is not to increase solid waste collection rates. If so, revenue will be less than overall operating costs of the solid waste enterprise fund, and general fund revenue would need to be used to cover solid waste operating costs. The proposed increases over the next five years are planned to meet operating costs for the solid waste enterprise fund such that solid waste operations are not a burden on the City’s general fund. The overall revenue increases are shown in Attachment 2 of the rate study.

February 8, 2024 Pg. 8
Joint Meeting City Council/Successor Agency/PFA – January 25, 2024

ATTACHMENTS:

1. Proposed Resolution with new refuse rates

2. Proposition 218-compliant rate notice

3. IGService Rate Study, dated December 1, 2023
Staff recommends that the City Council approve the attached resolution (Resolution 2024-05) to adopt revised solid waste collection rates, effective February 1, 2024, to cover increased operating costs associated primarily with the City’s contracted cost with Mid-Valley Disposal.

Dan Bergmann of IGService reported that everything tonight is the end of a long process. One of the things he wanted to revisit was the process Mid Valley did inventory of all their containers in the field. So, they cleaned everything up. A couple of changes: 1) that your existing billing collets $4.00 what's called recycle fee, that's going away and getting rolled into the other ways, but what's being added is a line item for the street sweeping fee that has not been charged before.

Also, know worked with Mid Valley discussing they're new agreement. Also consistent with the law and the requirements of Prop 218, the rates have been adjusted. So, everything is proportional and portion to street sweeping. The one thing he noticed and mentioned to the City Clerk already in the resolution, there is a reference in one of the recitals to December 16th that if you choose to approve this resolution, that needs to be corrected to November 16th it’s important for 45 days noticing.

He thanked all the city staff and City Council for all their time, and it been a pleasure to work with you all.

City Manager Lopez City just want to reiterate that this is just for the collection of our solid refuse trash nothing to do with the landfill and there will still have the spring clean-up which staff will changed making it more flexible to the community.

These erase that interchange for over 19 years based on what we could find, and we are adding a street sweeping be $2.50 to provide better service.

Mayor Preciado opened Public Hearing for Proposed Solid Waste Collection Rates and Street Sweeping Fees from February 1, 2024 -February 1, 2028 at 6:31 p.m.

Maria Ortiz, City Clerk announced has not received any letters of protest and no comments of protest or public comments.

Moses Diaz, City Attorney mentioned that for the record under Prop 218, written protest can be submitted up until the time that the mayor closes the public hearing. So. while we are taking public comment, it's still open.

Mayor Preciado Closed Public Hearing for Proposed Solid Waste Collection Rates and Street Sweeping Fees from February 1, 2024-February 1, 2028, at 6:33 p.m.

RESOLUTION 2024-05: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL,

CALIFORNIA, INCREASING THE CITY'S SOLID WASTE COLLECTION RATES AND CHARGES EFFECTIVE FEBRUARY 1, 2024. Councilman Gravelle motioned to approve, second by Councilman 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. None.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Police Department Activity Report: Robert A. Nevarez,Chief of Police February 8, 2024 Pg. 9
Joint Meeting City Council/Successor Agency/PFA – January 25, 2024

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

A. Special Presentations/Reports:
1) None.

OLD BUSINESS:

A. None.

NEW BUSINESS:

A. Consider Approval of Stationary Food Vending Application and related fees (Resolution 2024-06).

Anna Lara-Nieto, Senior Recreation Leader, reported that over the past several months, Staff received inquiries from several Mobile Food trucks expressing interest in conducting operations within the city on both weekdays and weekends.

In response to these requests, Staff conducted research to see how these food trucks work in the rest of the Valley. Staff has discussed the feasibility and rules surrounding Stationary Food Vending. Research revealed that neighboring cities have successfully implemented programs allowing for such vending through a structured process involving applications, permits, and payment. Enclosed with this report, you will find proposed application form and accompanying guidelines detailing the procedure for facilitating Stationary Food Vending.

Senior Recreation Leader Lara-Nieto continued that the proposed location for this activity is Rice Park, specifically along the road/median leading to the Recreation Center. It is Staff's belief that permitting Stationary Food Vending will yield positive community engagement outcomes. This initiative aligns with the established practices of neighboring municipalities and presents an opportunity for residents and visitors to access a diverse array of food offerings. Staff hopes to continue attracting more food truck vendors and invite them to future events or create new events surrounding food trucks. In the future, this item may need to be adopted into the municipal code and/or zoning ordinance for conformity. Staff recommends approving Resolution 2024-06
RESOLUTION 2024-06: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL, CALIFORNIA,

AUTHORIZING THE IMPLEMENTATION OF STATIONARY FOOD VENDING AND APPROVING ASSOCIATED APPLICATION AND FEES. Councilman Gravelle motioned to approve, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Verdugo, Preciado.

NOES: None.

ABSENT: Ramirez.

ABSTAIN: None.

B. Consider Approving a Professional Services Agreement with Collins & Schoettler Planning Consultants for City Planning Services (Resolution 2024-07).

City Manager Lopez reported that The City has experienced an increased demand for comprehensive city planning services in recent months, necessitating the recruitment of a skilled professional to assume the responsibilities of City Planner – particularly after the departure of the Community & Economic Development Director. After careful consideration and evaluation of potential consulting firms, Collins & Schoettler Planning Consultants emerged as a highly qualified and reputable option, due to their experience working in similar small rural communities like Avenal.

Collins & Schoettler Planning Consultants bring a wealth of experience and expertise in urban planning, having successfully executed similar roles in various municipalities such as: Exeter, Sanger, Farmerville, Firebaugh, and Huron. Their team is equipped to handle the complexities of our city's planning needs, ensuring efficient and effective implementation of development strategies. The proposed scope of work includes comprehensive urban planning services, zoning analysis, land use planning, permitting services, running Planning Commission meetings, and reviewing business licenses. Collins & Schoettler Planning Consultants will work closely with city staff to align their efforts with the City’s vision and goals. Collins & Schoettler would be available on demand and could on occasion have office hours in Avenal as well.

February 8, 2024 Pg. 10
Joint Meeting City Council/Successor Agency/PFA – January 25, 2024

City Manager Lopez concluded the proposed contract with Collins & Schoettler Planning Consultants includes a one- year term, with compensation outlined at $135 per hour in the attached statement of qualifications. The cost of engaging this consulting firm is within the budget for the Community Development Department, for up to 887 hours in lieu of hiring a fulltime Community & Economic Development Director. Approve by motion, Resolution 2024-06, authorizing the City Manager to sign a Professional Services Agreement with Collins & Schoettler Planning Consultants.

Councilman Verdugo would like to add that he would like an amount not to exceed $120,000, stipulated in the agreement.

City Manager Lopez mentioned that could be done.

RESOLUTION 2024-07: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL,

CALIFORNIA, AN AGREEMENT WITH COLLINS & SCHOETTLER PLANNING CONSULTANTS FOR THE ON-CALL CITY PLANNING SERVICES. Councilman Verdugo motioned to approve, second by Councilman Gravelle and motion carried.

Roll Call Vote:

AYES: Gravelle, Verdugo, Hernandez, Preciado.

NOES: None.

ABSENT: Ramirez.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Clerk Ortiz reported that 700 forms will be available.

City Manager Lopez reported the following: 1) Thanked, City Council for speeding meeting. Also, appreciates Council's patience and understanding with all the projects and support; 2) New Chief of Police coming on board. Chief Robert Nevarez will be transitioning to another role in the agency; 3) Announcement - There will be a graduation happening tomorrow for a current residents Sophia Lopez graduating from the Police Academy. If the City Council is interested in attending, please reach out to Staff; 4) reminder City County Coordinating confirmed on February 21st and sending invites.

Councilman Gravelle thanked Staff and Ana Lara-Nieto for bring business to Avenal. 1 Councilman Verdugo mentioned the following: 1) requested Mental Health give a report. City Manager Lopez mentioned that Staff reachout to Mental Health their short staffed and they will be attending the second meeting on February 22nd.

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 7:11 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
1 February 8, 2024 Pg. 11
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 5. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: February 8, 2024
RE: Authorize Application to RAISE Grant Funds
INFORMATION:

The Infrastructure Investment and Jobs Act has appropriated $1.5 billion annually from FY 2022 – FY 2026 for the RAISE grant program, aimed at funding significant local or regional surface transportation projects. These projects are expected to advance safety, equity, climate sustainability, and workforce development, with a particular focus on reducing greenhouse gas emissions and addressing environmental justice concerns.

The City of Avenal intends to apply for capital funds to enhance the city's access infrastructure to the Avenal Sports Complex through a road and trail component (see Site Map). This project aligns with the RAISE program's goals by providing a multimodal transportation network that supports environmental sustainability, promotes public health and safety, and enhances access to recreational facilities for all city residents, including disadvantaged and rural communities.

The RAISE grant program covers up to 80% of the eligible project costs, with special consideration for projects in rural areas, historically disadvantaged communities, or areas of persistent poverty. The City will need to identify matching funds or in-kind contributions to meet the remainder of the project costs.

Recently, the City reapplied to the Urban Greening Program from the California Natural Resources Agency for this same project. If the City is awarded one or both grants, the project will have enough for buildout.

RECOMMENDATION:

It is recommended that the City Council approve the submission of an application to the RAISE (Rebuilding American Infrastructure with Sustainability and Equity) Discretionary Grant funds from the U.S. Department of Transportation. This application will seek funding for the buildout of safe, convenient, accessible, sustainable, and efficient multimodal connectivity of roadways and multi-use pathways connecting residents to the Avenal Sports Complex from Union Avenue. A&M and CrisCom are taking lead to submit this application.

The approval to apply for the RAISE grant presents a significant opportunity for the City of Avenal to enhance its transportation infrastructure in a sustainable and equitable manner. This project will not only improve connectivity within the city but also support broader goals of environmental sustainability and social equity.

1. Approve Resolution 2024-08.

February 8, 2024 Pg. 12
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S Union Avenue - 2,500 LF
Salem Ave
Canyon Rd
Big Tar
Kern St
S 7th Ave
S Hanford Ave
Union Ave
Trail Extension - 500 LF
Big Tar Canyon Rd - 2040 LF
Sports Complex Section - 1600 LF
Sports Complex
Entry
State Route 33
End of Trail
ESRI Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, LEGEND
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NOTE:

CONCEPTUAL ONLY.

NOT BASED ON ACTUAL BOUNDARY SURVEY

AVENAL SPORTS COMPLEX BICYCLE AND PEDESTRIAN TRAIL
Future Bikeway
Connecting 7th Ave
Bikeway to Trail
Signed and Striped Trail
Crossing at Salem Ave
Intersection
February 8, 2024 Pg. 13
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY OF AVENAL

AUTHORIZING THE SUBMISSION OF

APPLICATION(S) FOR GRANT FUNDS TO

THE REBUILDING AMERICAN

INFRASTRUCTURE WITH

SUSTAINABILITY AND EQUITY (RAISE)

DISCRETIONARY PROGRAM FROM THE
U.S. DEPARTMENT OF TRANSPORTATION
RESOLUTION 2024-__08__
WHEREAS, the Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law) appropriated $1.5 billion annually from FY 2022 – FY 2026 for the Rebuilding American Infrastructure with Sustainability And Equity (RAISE) grant program for nationwide projects; and
WHEREAS, half of the RAISE program funding will go to projects in rural areas; and WHEREAS, the list of eligible applicants includes political subdivisions of government, which in California that includes any city, city and county, county, special district, or public agency; and
WHEREAS, the goal of the RAISE program is to fund eligible surface transportation projects that will have a significant local or regional impact that advance the U.S. Department of Transportation’s (Department) priorities of safety, equity, climate and sustainability, and workforce development, job quality, and wealth creation; and WHEREAS, the Department seeks to fund projects that reduce greenhouse gas emissions in the transportation sector, incorporate evidence-based climate resilience measures and features, and avoid adverse environmental impacts to our natural resources and to disadvantaged communities; and
WHEREAS, the Department seeks to award projects that address environmental justice, particularly for communities that have experienced decades of underinvestment and are most impacted by climate change, pollution, and environmental hazards; and WHEREAS, the Federal share of the costs of an eligible project that receives funding from the RAISE grant program shall not exceed 80 percent unless the project is located in a rural area, a historically disadvantaged community (HDC), or an area of persistent poverty (APP); and WHEREAS, applicants selected for grant awards will be announced on the RAISE program website on or around June 27, 2024, grant recipients will be required to enter into an agreement with the Department before eligible costs can begin being incurred; and WHEREAS, recipients of RAISE grant awards will not receive a lump-sum cash disbursement, instead RAISE funds will reimburse recipients only after a grant agreement has been executed, allowable expenses incurred, and valid requests for reimbursement are submitted; and
February 8, 2024 Pg. 14
2 of 2
WHEREAS, the eligible projects for RAISE grants include surface transportation capital projects as well as planning grants for the planning, preparation, or design of eligible surface transportation capital projects; and
WHEREAS, the Notice Of Funding Opportunity (NOFO) was announced on November 30, 2023 and established the grant application submittal deadline of February 28, 2024; and WHEREAS, the City of Avenal intends to submit an grant application for capital funds for the buildout of safe, convenient, accessible, sustainable, and efficient multimodal connectivity of roadways and multi-use pathways connecting residents to the Avenal Sports Complex; and
UPON MOTION OF COUNCIL MEMBER ______ , SECONDED BY
COUNCIL MEMBER _______ , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON FEBRUARY 8, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

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

1. Found the foregoing recitals to be true, correct and incorporated herein;

2. Approve and support the filing of funding application(s) for the RAISE grant program as administered by U.S. Department of Transportation.

3. Appoints the City Manager, or their designee, as an agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, and payment reimbursement requests for the RAISE grant program, subject to prior approval as to form by the City Attorney’s Office.

4. Ordered relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
February 8, 2024 Pg. 15
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 5. C
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: February 8, 2024
RE: Authorize Creation of the Director of Public Safety Position BACKGROUND:

The City Manager recommends the creation of a new position, Director of Public Safety. This role is designed to enhance the City's public safety strategy, providing leadership and oversight not only to the Police Department but also contributing to administrative functions and operations city-wide.

INFORMATION:

In response to evolving public safety needs and to enhance operational efficiency, the introduction of a Director of Public Safety position will consolidate oversight of various safety services under a single leadership umbrella. This position will work directly under the City Manager, facilitating coordinated plans to better approach crime prevention, emergency response, and public safety education, while also engaging in policy formulation, budget administration, and community relations for the City as a whole. This position will also assist in the oversight of Animal Control and Code Enforcement, and exploring ways to improve efficiency and effectiveness in both departments.

The Director of Public Safety will also have responsibilities including, but not limited to, stepping in for the Chie of Police if needed and when designated; administrative support to all City departments, such as HR and Finance; and assisting the City Manager in overall strategic goals and planning, laying the groundwork with policy changes and recommendations to the City’s overall operations.

FISCAL IMPACT:

The new position’s salary will be Schedule S-9, with a range of $89,905.56 - $109,280.77 yearly.

Funding for the Director of Public Safety position in the first year will be primarily sourced from the Cannabis Retail Access Grant, covering 80% of the associated costs. The remaining 20% will be funded through grants that allocated from the Police Department's personnel budget, either COPS Hiring grant or other COPS eligible grants.

CONCLUSION:

The establishment of the Director of Public Safety position represents a strategic move to strengthen Avenal’s public safety framework, ensuring a comprehensive, efficient, and responsive approach to the safety and well-being of our community. Approval of this position will ensure a smooth transition for the Police Department as personnel changes occur, a safety net for the department, and administrative help to the rest of City Hall in moving the Council’s priorities forward.

ACTION REQUESTED:

1. Approve Resolution 2024-09.

February 8, 2024 Pg. 16

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

Establishment of One Employment
Positions within City Hall.

RESOLUTION 2024-__09__
WHEREAS, the City Council of the City of Avenal (“City”) desires to consider information and recommendations from the City Manager pursuant to Avenal Municipal Code § 2-4.108(d) pertaining to reorganization of employment positions; WHEREAS, City desires to create new employment positions to assist with carrying out the lawful business of the City under the control, oversight and direction of the relevant department head(s), and it is in the best interest of the City to create such new employment positions; and
WHEREAS, it is the intent of the City Council to create the employment positions and approve the job descriptions and classifications thereof.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON February 8, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA ORTIZ, City Clerk

CITY OF AVENAL
February 8, 2024 Pg. 17

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

1. Found that the foregoing recitals are true;

2. Approved and adopted the job description in ATTACHMENT A to this resolution;

3. Approved the creation of one new employment positions and classifications within the City Hall’s Administration which shall be governed by the job description in ATTACHMENT A for the Director of Public Safety position;

4. Unless a budget amendment is necessary, in which case it shall be added to a future Council meeting agenda, the new employment positions created by this resolution shall be considered funded under the existing City budgets for the relevant departments or special budget circumstances; and

5. Authorized the City Manager, City Clerk and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
February 8, 2024 Pg. 18
1 Posted February 8, 2024

DIRECTOR OF PUBLIC SAFETY
Exempt position | At-will employment | Part of Management Unit group The City of Avenal is seeking a skilled administrator and experienced law enforcement professional with a strong leadership presence and excellent interpersonal skills to serve as its Director of Public Safety. The City of Avenal and its various other departments are focused on being a modern and effective City that is committed to improving the quality of life by protecting and serving the citizens of Avenal. The City is seeking a candidate who will foster a team environment while maintaining individual accountability and high standards, someone committed to mentorship, training, and professional development for the City’s staff. A sworn peace officer in good standing with POST.

GENERAL RESPONSIBILITIES:

Under the administrative direction of the City Manager, assist in planning, managing, overseeing, and occasionally help direct the operations and services of the Police Department, which includes crime suppression and administrative duties. Also assist in and prevention and coordinating activities with other City officials, departments, such as Animal Control, Code Enforcement, other outside agencies and organizations, other related services concerned with the preservation of life and property in the City; performs other related duties as required. Facilitates the development and implementation of City goals and objectives while providing highly complex administrative support to the City Manager.

EXAMPLE OF DUTIES:
• Models professional behaviors, desirable work habits and superior skills. • Assists the Chief of Police with guidance for planning and executing operations and activities; manage the development and implementation of the PD’s goals, objectives, and priorities. • Serve as acting Chief of Police when assigned by the City Manager of the absence of Chief of Police.
• Formulates departmental rules, policies, and procedures. • Establish, within City policy, appropriate service and staffing levels, monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; allocate resources accordingly.
• Adjusts departmental methods and service delivery protocols to address new situations and to improve existing operations and functionality.
• Serve as Public Information Officer, and assist with creating and implementing a social media strategy for the City and PD.
• Assists in selecting, training, motivating, and evaluate assigned personnel; establish standards of performance; coach and monitor employees to improve performance and correct deficiencies. Administers departmental personnel standards in a manner conducive to maximum performance and high moral.
• Conducts performance evaluations of staff as prescribed or required. • Assist with the development and administration of the PD’s department’s budget; provide guidance in the forecast of funds needed for equipment, materials, and supplies. • Oversee the administration of the City's service contracts, such as Fire, Sheriff, Animal Control, other County and State services.
2 Posted February 8, 2024
• Direct oversight of contract safety service providers. • Liaison and Coordination of outside Public Safety Related Agencies. • Liaison and Coordination of PD’s Community Response Team; Explorers, and other community-based initiatives.
• Assist in representing the City to all departments and outside agencies; coordinate City activities with those of other cities, counties and outside agencies and organizations. • Establishes and maintains cooperative working relationships with peace officers in other jurisdictions; attends county, area, and state police conferences and meetings, obtaining information and cooperation in law enforcement and crime prevention. • Confers with the City Attorney in connection with internal affair investigations, public record requests, and other policy questions, lead said investigations and produce needed reports. • Confers with Human Resources concerning personnel issues, risk management assessment and interpretation of case law concerning work conditions. • Assists Human Resources with the hiring process of other critical positions. • Enforces and administers the provisions, laws, and ordinances governing the City. • Explain, justify and defend City programs, policies and activities; negotiate and resolve sensitive and controversial issues.
• Assist in conducting staff meetings, considers proposals to initiate changes and implements new programs as directed or agreed.
• Responds to environmental, community and public issues that impact the PD. • Review operations and practices for Code Enforcement and Animal Control, make recommendations for improvements such as necessary staffing, trainings, and supervision. • Apply, review, and administer grants as needed, such as the Cannabis Control Retail Access Grant.
• Assist in reviewing impact fee schedules, develop procedure for covering staff time in grants and city services not already covered.
• Assist in reviewing the City’s Emergency Services//Operations Plan and activation of the EOC. • Performs related duties and responsibilities as assigned.

DESIRABLE QUALIFICATIONS:

The Director of Public Safety must be a good listener – team player – energetic – honest and has integrity – respectful of others – excellent writing and public speaking skills – good management and supervisory skills – a true leader.

The Director of Public Safety assists in represents the City and/or Police Department to outside agencies and the general public; attends and participates in a variety of meetings; serves on boards and/or committees as assigned or appointed; responds to public inquiries regarding a variety of law enforcement/public safety matters; facilitates the timely and effective resolution of public complaints.

Required Knowledge: Police Department operations, policies, and procedures; principles and practices of law enforcement administration; Municipal law enforcement programs and services; regulations governing law enforcement activities including disaster response and hazard mitigation principles; law enforcement and emergency management records, reports, and documentation; processes for preparing and administering budgets; supervisory principles, practices, and methods. 3 Posted February 8, 2024
Education and Experience: Master’s Degree in Criminal Justice, Public Administration, or related field; and five years experience in managing a law enforcement department’s operations; or an equivalent combination of education and experience.

Ability to
• Assist with managing the PD’s staff so that a strong orientation toward public service, teamwork, the development of high-quality products, and the achievement of desired results is maintained.
• Establish and help administer sound departmental policy. • Establish objectives and maintain accountability for the work of multiple City departments. • Make process improvement changes to streamline procedures throughout the City. • Plan, distribute, direct, coordinate, review, train, and evaluate the work of the PD and other Departments.
• Interpret and make decisions in accordance with pertinent laws, rules, regulations, and policies.
• Use initiative and independent judgment within established policy and procedural guidelines. • Work in a safe manner, City safety practices and procedures; model and coach others in correct City safety practices and procedures; enforce adherence to safety policies and procedures.

Physical Demands/Work Environment is performed in and around law enforcement facilities and in the field; subject to sitting, standing, walking, running, bending, reaching, operating a patrol vehicle, utilizing firearms and apprehending/restraining offenders; exposure to variable weather conditions, emergency incidents, general driving hazards, vehicle traffic, firearms, hazardous materials, infectious diseases, blood borne pathogens, and combative and/or violent individuals.

Required Licenses or Certifications:

Peace Officer and Standards Training (POST) Executive Certificate is required and must possess a valid Driver’s License.

Benefits:

Retirement — PERS 3% @ 55 with 9% employee contribution (Classic); 2.7% @ 57 w/ 13% employee contribution. Health Insurance — Monthly medical, dental, and vision premiums paid for in full for employee and dependents. Schedule — Flexible Remote Work policy with prior approval.

Vehicle — Assigned vehicle for regular duties and travel between work and home. Life Insurance — $50,000 policy. Holidays — 14 paid holidays and 80 hours Admin and 24 hours Personal time per fiscal year. Vacation — Accrues at a rate ranging from 3.08 hours-6.16 hours bi-weekly, based upon years of service.

To Apply:

The annual salary range for the Director of Public Safety position is Range S-9; placement within this range is dependent upon qualifications and experience of the selected candidate.

Interested individuals may apply online at www.cityofavenal.com.

EMPLOYEE SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.

ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 5. D
TO: The Honorable Mayor and City Council
FROM: Griselda Price, Director of Administrative Services DATE: February 8, 2024
RE: Consider Authorizing the Mayor to sign a Letter Verifying Awareness of a CCW Application by the City Manager
BACKGROUND:

The City Manager, Antony V. López, has made it aware that they intent to apply for a Carry Concealed Weapon (CCW) Permit with the Avenal Police Department. Staff has reviewed the application form and relevant City polices and is requesting that the City Council authorize the Mayor to sign a letter acknowledging the City Manager’s application for a Carry Concealed Weapon (CCW) Permit.

This letter will also state that the City Council has no objections to the City Manager carrying a concealed weapon on City property, provided that the City Manager carries appropriate Conceal Carry insurance and adheres to any stipulations from the City’s insurance carrier, CSJVRMA. Also, the letter stipulates that all responsibilities pertaining to the carrying and use of the CCW are solely Antony's.

The City of Avenal will not bear any responsibility or provide any insurance coverage for actions undertaken by Antony with the CCW
INFORMATION:

In accordance with the application process for a CCW Permit, which requires an employer’s verification of awareness and policy compliance, this staff report seeks City Council approval for the Mayor to sign such a letter on behalf of the City.

The City of Avenal’s only policy regarding firearms, as per the City of Avenal Policy Procedure Manual, Standard 4, Offenses f & g (attached), is to prevent unauthorized possession or use of firearms, with compliance to this policy being a condition of the City Manager’s CCW Permit application and carrying on City property.

RECCOMENDATION:

By motion, approval by the City Council for the Mayor to sign the letter of awareness and support for the City Manager’s CCW Permit application, under the conditions stated.

February 8, 2024 Pg. 22
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 February 8, 2024
Re: Verification of Awareness to CCW Application – Antony V. López To Whom It May Concern, and the Avenal Police Department:

We, the City Council of Avenal, are writing to acknowledge that Antony V. López, the City Manager of Avenal, is applying for a Carry Concealed Weapon (CCW) Permit. As the governing body overseeing all city operations, including the Avenal Police Department which Antony directly manages, we are aware of this application.

The City of Avenal has policies in place regarding the possession and use of firearms as outlined in the City of Avenal Policy Procedure Manual, Standard 4, Offenses f & g (attached) which prohibits unauthorized possession or use of a firearm and subjects’ violators to disciplinary action. We understand that Antony will secure appropriate Conceal Carry insurance, and comply with any stipulations set forth by the City’s insurance carrier, CSJVRMA.

Provided that these conditions are met, we support Antony V. López’s application to carry a concealed weapon, and also authorize him carry on City property. It is important to note that all responsibilities pertaining to the carrying and use of the CCW are solely Antony's. The City of Avenal will not bear any responsibility or provide any insurance coverage for actions undertaken by Antony with the CCW.

Should you have any questions please do not hesitate to contact us at (559) 386-5766.

Sincerely,
Alvaro Preciado
Mayor
Email: [email protected]
February 8, 2024 Pg. 23
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF AVENAL

AUTHORIZING THE CITY MANAGER

TO CARRY A CONCEALED WEAPON

ON CITY PROPERTY AND OUTLINING

ASSOCIATED STIPULATIONS
RESOLUTION 2024-__10__
WHEREAS, the City Manager of Avenal is applying for a Carry Concealed Weapon (CCW) Permit through the Avenal Police Department; and WHEREAS, the application process requires a letter from the employer verifying their awareness of the application and commenting on any company policy which may affect the ability to carry a concealed weapon while working; and WHEREAS, the City Council of Avenal recognizes the importance of ensuring the safety and security of its employees and the public, and supports the responsible exercise of the right to bear arms under applicable laws and regulations; and WHEREAS, the City of Avenal has established policies regarding the possession and use of firearms, as outlined in the City of Avenal Policy Procedure Manual, which prohibits unauthorized possession or use of firearms on City property and subjects violators to disciplinary action; and
WHEREAS, it is understood that the City Manager plans to carry appropriate Conceal Carry insurance and adhere to any stipulations set forth by the City’s insurance carrier, CSJVRMA; and
WHEREAS, it is further understood that all responsibilities pertaining to the carrying and use of the CCW are solely the City Manager's, and the City of Avenal will not bear any responsibility or provide any coverage for actions undertaken by the City Manager with the CCW.

UPON MOTION OF COUNCIL MEMBER ______ , SECONDED BY
COUNCIL MEMBER _______ , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON February 8, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
February 8, 2024 Pg. 24
2 of 2
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found the foregoing recitals to be true, correct and incorporated herein;

2. Authorization: The City Council hereby authorizes the City Manager to carry a concealed weapon on City property, in accordance with the stipulations outlined herein and subject to the successful acquisition of a CCW Permit.

3. Stipulations: The City Manager is required to carry appropriate Conceal Carry insurance and adhere to any stipulations set forth by the City’s insurance carrier, CSJVRMA. All responsibilities related to the carrying and use of the CCW are solely the City Manager's, with the understanding that the City of Avenal will not bear any responsibility or provide coverage for actions undertaken with the CCW.

4. Compliance with Policies: The City Manager shall comply with all applicable City policies, including but not limited to those outlined in the City of Avenal Policy Procedure Manual.

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.
* * * * * * * * * * * * * * * * * *
20200916 - Avenal - Resolution Appointing City Attorney-v1.doc February 8, 2024 Pg. 25
February 8, 2024 Pg. 26
answering all pertinent questions including Section 7. If a question is not applicable, answer with N/A.

Do not sign the application. Your witnessed signature on the application will take place at the time of your interview at the Avenal Police Department.

A completed application packet will include:

The DOJ Standard Application for License to Carry A Concealed Weapon (CCW).

Three (3) letters of character reference.

A letter from your employer verifying their awareness of your application and a comment regarding any company policy which may affect your ability to carry a concealed weapon while working (if applicable).

After you have completed your application, call the Avenal Police Department at (559) 386-444 to schedule a LiveScan appointment. Please be sure when calling to state that you are turning in a CCW permit application packet. This appointment will include the following:

Remittance of Phase One Fees [the DOJ fee and twenty percent (20%) of the city application fee] in the amount of one hundred and twenty-seven dollars ($127.00) in cash or check payable to the City of Avenal (credit/debit cards are not accepted). [Collection of the Phase Two Fees for the remaining eighty percent (80%) of the city application fee in the amount of eighty dollars ($80.00) will be collected at such time that the permit is approved and issued.] LiveScan fingerprinting of the applicant.

Photographing of the applicant for the permit and file.

Collection of the completed application packet.

APPLICANTS SHOULD BRING THE FOLLOWING TO THE LIVESCAN
APPOINTMENT:

The completed DOJ Standard Application for License to Carry A Concealed Weapon (CCW).

A certificate of completion from an approved firearms safety training course.

February 8, 2024 Pg. 27
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. E
TO: The Honorable Mayor and City Council
FROM: Anna Lara-Nieto, Senior Recreation Leader
CC: Antony V. López, City Manager
DATE: February 8, 2024
RE: Consider Amending Stationary Food Vending Application to include Veterans Hall and Kings Street public Parking Lots as Authorized Locations
INFORMATION:

At the January 25, 2024 City Council meeting, the Council approved a Stationary Food Vending application and related fees. The application currently only allows for use at Rice Park. After discussing with staff and other businesses, Staff now recommends amending the Stationary Food Vending application to include Veterans Hall and Kings Street parking lots as additional locations for stationary food vending, expanding opportunities for mobile food vendors across Avenal.

Following the approval of Resolution 2024-06, staff continued to evaluate opportunities to support mobile food truck operations within the city. Recent months have seen a growing interest from mobile food vendors looking to operate in Avenal during weekdays and weekends.

Originally planning only for Rice Park, staff now proposes expanding permitted locations to include Veterans Hall and Kings Street parking lots. This expansion is anticipated to enhance community engagement and diversity in food options, aligning with future event ideas the Community Activities Department has in mind.

RECOMMENDATION:

Approve by motion the amended Food Vending Application (February 8, 2024 Revision) as presented.

February 8, 2024 Pg. 28
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
February 8, 2024 Revision
Vending Vehicle Permit
(Stationary) Rice Park
Veterans Hall, Kings St. Parking Lots - Alternate Sites as needed Communities Activities Department
919 Skyline Blvd
Avenal Ca, 93204
[email protected] or [email protected]
Anna @559-836-3457 or Sheila @ 559-908-3794
All mobile vendors shall obtain a permit, the City of Avenal Business License, and have a Kings County health permit.

All permit required shall be always displayed conspicuously on the vehicle, stand, or cart, as applicable.

Type (select) Description License Fee
Food Sale of food items direct to the consumer by vehicle $100 – Admin Fee
$250 -License Fee
$100- Per Vehicle
$25- Per Person (live scan
fee, if needed)
$4- State Fee
Total= $479.00
1 vehicle
Valid for duration of
Business License
Dessert /Baked Goods
Sale of bakery goods products direct to the consumer by vehicle
Other Sale of goods direct to the consumer by vehicle
APPLICANT/BUSINESS INFORMATION:

PREFERRED COMMUNICATION METHOD (CHECK ONE)

RESIDENCE ADDRESS BUSINESS ADDRESS EMAIL ADDRESS TEXT MESSAGE Vendor’s Name:

Vendor’s
Residence Address:

Length of residence at
this address:

Business Address
(if different):

Email Address: Phone Number:

Social Security # or
Tax Identification #
__ __ __ - __ __ - __ __ __ __
Social Security Number
Confidential
__ __ - __ __ __ __ __ __ __
Tax Identification Number
Confidential
Attach Copies:

Driver’s License or Identification
Seller’s Permit – CA. Dept. of Tax and Fee Administration Food Vending Health Permit (Kings County)
Office Use Only:

Applications Received?
Driver’s License/I.D.

Seller’s Permit
Food Vending Health
Permit
Office Use Only:
1 Weekday - $25.00
1 day Weekend - $35.00
Unlimited Weekday- Monthly – $100.00
Unlimited Weekend- Monthly– $110.00
Comm. Act. Dept.

Approved: by _______ on: ______
February 8, 2024 Pg. 29
February 8, 2024 Revision
If selling commodities appealing to children, such as ice cream, snow cones, toys, fingerprints/livescan backgrounds check shall be completed.

Office Use Only:

Fingerprints/ Background
Check Required? Y/N ______
General Conditions of Approval – Applying to All Vendors

1. Vendors shall maintain a valid Driver’s License

2. Vendors shall maintain a valid California Department of Tax and Fee Administration seller’s permit, as required.

3. Vendors shall maintain a copy of a valid food vending permit, issued by the Kings County department of public health.

4. Vendors will need to have an annual inspection with the City of Avenal Code Enforcement Officer. City Code Enforcement Officer will contact vendors to setup an appointment time.

5. Attach a menu list and prices.

6. Vendors shall not operate in yellow commercial loading/unloading zones or white passenger loading zones.

7. Signage on the cart/vending vehicle is permitted. A-frame signage and/or similar signs shall be prohibited.

8. The vendor shall completely remove all equipment and other materials, including waste materials, from the site upon the conclusion of the vending activities, excepting such interior storage of equipment or materials, as may be allowed on the site with the permission of the owner or operator of the site.

9. Vendors shall pick up, remove, and dispose of all garbage, and/or materials dispensed from the vending vehicle/cart and any residue deposited on the ground from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a twenty-five (25) foot radius of the location where mobile food vending is occurring.

10. Vending shall not be permitted directly to persons in other vehicles or from other than the curbside of the vending vehicle when the vehicle is parked.

11. Vendors shall not use city utility connections, including water and electric, without prior written approval from the city.

12. Vendors shall control smoke and odors caused by food preparation to avoid a public nuisance.

13. Vending shall be prohibited during the hours of 11pm to 7am.

14. Once vendor vehicles have been parked in food sale location, vendor will need to either place City barricade’s closing the road or pickup/close with chain link rope and take down at end of each night.

15. Failure to comply with General Conditions of Approval may result in cancelation of License to sale at location.

ARE YOU THE BUSINESS OWNER? YES NO If you answered NO, complete the information below:

Employer Name:

Employer/Business
Address:

Approximate length of
employment:

Business Phone #:

Business Email:

Applicant Signature:
___________________________________________ Date: ________________ February 8, 2024 Pg. 30
February 8, 2024 Pg. 31
February 8, 2024 Pg. 32
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 5. F
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: February 8, 2024
RE: Consider Approving Avenal Art Maintenance and Landscape Agreement 06- 1E750 with CalTrans for Skyline Boulevard
BACKGROUND:

Staff recommends the City Council approve the amended Caltrans Landscape Agreement 06-1E750 for Skyline Boulevard, following discussions with Caltrans that led to a revised agreement focusing on landscaping, benches, and artwork without the City assuming maintenance responsibilities for sidewalks or SR33.

INFORMATION:

Caltrans received funding from the Clean California grant to beautify state roadways, including Avenal. The City has engaged in discussions with Caltrans over two years, addressing the maintenance responsibilities initially proposed. The City expressed concerns about the financial and manpower burdens associated with maintaining sidewalks and SR33.

Following a recent meeting with Caltrans, an amended agreement was drafted, limiting the City's responsibilities to the maintenance of new landscaping, benches, and artwork installations. This revision addresses the City's concerns, focusing on beautification efforts without overextending City resources.

RECOMMENDATION:

The staff and the City Attorney have reviewed the updated agreement and recommend its approval.

The updated landscaping amended agreement allows Avenal to participate in the Clean California initiative, enhancing Skyline Boulevard's aesthetics without imposing undue burdens on the City. The Art Maintenance agreement needed no changes and Staff recommends approving it as well.

By resolution, Authorize the Mayor and City Manager to sign the amended Caltrans Landscape Agreement 06-1E750, and attached Art Maintenance Agreement for Skyline Boulevard with CanTrans.

February 8, 2024 Pg. 33
Draft date
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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.

February 8, 2024 Pg. 35
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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.

February 8, 2024 Pg. 36
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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.

February 8, 2024 Pg. 37
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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 February 8, 2024 Pg. 38
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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 February 8, 2024 Pg. 39
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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.

February 8, 2024 Pg. 40
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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
February 8, 2024 Pg. 41
Draft date

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.

February 8, 2024 Pg. 42
Draft date
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
February 8, 2024 Pg. 43
Page
1 of 1
February 8, 2024 Pg. 44
5/4/23
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, and parking restriction signs (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 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.

February 8, 2024 Pg. 45
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Avenal LMA, TR 06-3-0002
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:

February 8, 2024 Pg. 46
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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) February 8, 2024 Pg. 47
5/4/23
Avenal LMA, TR 06-3-0002
4 definition of a "public works" in that it is construction, alteration, 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.

February 8, 2024 Pg. 48
5/4/23
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
February 8, 2024 Pg. 49
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 269 at postmile

0.0/1.12
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
February 8, 2024 Pg. 50
LL-1

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 =>
4/28/2023
3:40:34 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 269 269 0.0-1.159 xx xx
PM 0.00 PM 0.02
PM 0.05 PM 0.10 PM 0.15 PM 0.20 PM 0.25 PM 0.30
E
KINGS St
S 4TH St
S 3RD
Ave
S 3RD
Ave
S 2ND
Ave
E
KERN St
E TULARE St
E TULARE St
E KINGS St
E KINGS St
PM

17.10 PM 17.15
ROUTE 269 (SKYLINE Blvd)
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
ROUTE
33 R/W

R/W R/W
ROUTE 269 (SKYLINE Blvd)
R/W
R/W
ROUTE
33 PM 0.35 PM 0.40 PM 0.45 PM 0.50 PM 0.55 PM 0.60 PM 0.65 S 5TH
Ave
E FRESNO St
S 7TH
Ave
S 6TH
Ave S 6TH
Ave
E FRESNO St
S 5TH
Ave
E MADERA St
S 7TH
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 R/W
BRAD
R.

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

EXHIBIT A

AVENAL LANDSCAPE MAINTENANCE AGREEMENT
ROUTE 69, PM ./1.1 ROUTE 33 TO
/  GeeU NPrUI PG HZErJM RPBE

AREA TO BE MAINTAINED B: CIT: PAGE 1 O' 
February 8, 2024 Pg. 51
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 =>
4/28/2023
3:41:03 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 269 269 0.0-1.159 xx xx
PM 0.70 PM 0.75 PM 0.80 PM 0.85 PM 0.90 PM 0.95 PM 1.00 PM 1.01
PM 1.02
S CENTRAL Ave

S UNION
Ave
E SAN JOAQUIN St
S CENTRAL Ave
ROUTE 269 (SKYLINE Blvd)
SKYLINE Blvd 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 R/W R/W R/W R/W
PM 1.00
MP .1 01
PM 1.02
PM 1.05
PM 1.10
PM 1.15 PM 1.159
HYDRIL
Rd
BRAD
R.

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

EXHIBIT A

AVENAL LANDSCAPE MAINTENANCE AGREEMENT
ROUTE 69, PM ./1.1 ROUTE 33 TO
/  GeeU NPrUI PG HZErJM RPBE

AREA TO BE MAINTAINED B: CIT: PAGE  O' 
February 8, 2024 Pg. 52
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF

AVENAL AUTHORIZING THE

MAYOR AND CITY MANAGER TO

EXECUTE AGREEMENTS WITH

CALTRANS FOR ART

MAINTENANCE AND

LANDSCAPING ALONG SKYLINE

BOULEVARD
RESOLUTION 2024-__11__
WHEREAS, the California Department of Transportation (Caltrans) has received funding from the Clean California grant to beautify state roadways, including areas within the City of Avenal; and
WHEREAS, the City of Avenal has engaged in discussions with Caltrans to finalize the terms of a landscape and art maintenance agreement that aligns with the City's capabilities and resources; and
WHEREAS, an amended agreement has been presented, focusing on the maintenance of landscaping, benches, and artwork installations, without extending maintenance responsibilities to sidewalks or SR33 to the City; and
WHEREAS, the staff and City Attorney have reviewed the amended agreement and recommend approval, ensuring the beautification of Skyline Boulevard in alignment with the Clean California initiative, without imposing undue burdens on the City.

UPON MOTION OF COUNCIL MEMBER ______ , SECONDED BY
COUNCIL MEMBER _______ , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON FEBRUARY 8, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

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

February 8, 2024 Pg. 53
2 of 2

1. Found the foregoing recitals to be true, correct and incorporated herein;

2. The Mayor and City Manager are hereby authorized to execute agreements with Caltrans for Landscape Agreement 06-1E750 and Art Maintenance along Skyline Boulevard.

3. Ordered relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
February 8, 2024 Pg. 54
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 5.

G
TO: The Honorable Chair and Members of the Successor Agency FROM: Antony V. López, City Manager
DATE: February 8, 2024
RE: Consider Authorization to Sign a Subordinated Lender's Consent for El Palmar Project
BACKGROUND:

Staff recommends the Successor Agency Board authorize the Mayor and City Manager to sign the Subordinated Lender’s Consent regarding the El Palmar redevelopment project from 2004, aligning with recent agreements and amendments with HC HOUSING, LLC.

INFORMATION:

Following discussions and clarifications with HC HOUSING, LLC and a review of the related Assignment of Deed of Trust recorded on December 9, 2022, it has been determined that an extension of the maturity date of the senior loan associated with the El Palmar project is appropriate. This consent is sought out of an abundance of caution to ensure all parties are in agreement and to facilitate the continued success of the El Palmar redevelopment project.

The Subordinated Lender’s Consent confirms the Successor Agency's agreement to the terms outlined in the First Extension Agreement, specifically reaffirming the Original Note without altering the priority of existing liens and ensuring the City Subordination Agreement remains in full effect.

RECCOMENDATION:

Authorize the Mayor and City Manager to sign the Subordinated Lender’s Consent for the El Palmar Project.

February 8, 2024 Pg. 55
1 of 1

BEFORE THE SUCCESSOR AGENCY OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE BOARD OF

THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF

THE CITY OF AVENAL

AUTHORIZING THE SIGNING OF A
SUBORDINATED LENDER’S

CONSENT FOR THE EL PALMAR

PROJECT
RESOLUTION 2024-__01__
WHEREAS, the need to review and affirm the maturity date of the senior loan for the El Palmar project has been identified; and
WHEREAS, the Successor Agency to the Redevelopment Agency recognizes the importance of formalizing this extension to maintain the project’s financial and legal integrity.

UPON MOTION OF BOARD MEMBER ______ , SECONDED BY BOARD
MEMBER _______ , THE FOLLOWING WAS PASSED, APPROVED, AND

ADOPTED BY THE SUCCESSOR AGENCY AT AN OFFICIAL REGULAR
MEETING HELD ON FEBRUARY 8, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

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

1. Found the foregoing recitals to be true, correct and incorporated herein;

2. The the Board hereby authorizes the Chair and City Manager to sign the Subordinated Lender’s Consent, ensuring the continuation and success of the El Palmar redevelopment project.

3. Ordered relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
February 8, 2024 Pg. 56
SUBORDINATED LENDER’S CONSENT
The undersigned ("Subordinated Lender") is the current beneficiary of record under that certain Deed of Trust dated as of October 9, 2003 and recorded on March 11, 2004 in the Official Records of Kings County, California ("Official Records") as Document Number (the "Subordinated Deed of Trust"). The Subordinated Lender hereby (i) consents to Borrower’s and Lender’s entry into the terms, conditions and provisions of the foregoing First Extension Agreement ("Agreement") as between them solely to extend the maturity date on the Original Note and (ii) acknowledges and agrees that the Deed of Trust referred to in the foregoing Agreement remains a lien senior in priority to the lien of the Subordinated Deed of Trust, without any increase in the total amount which it originally secured, and (ii) acknowledges and agrees that that certain Subordination Agreement executed by Subordinated Lender dated as of November 1, 2004 and recorded on November 19, 2004 in the Official Records as Document Number 0434847 and assigned as described in the foregoing Amendment (as assigned, the “City Subordination Agreement”) is and shall remain in full force and effect, and that the terms of the foregoing Agreement shall not be construed to impair, or provide a defense to, any of the terms and provisions contained in the City Subordination Agreement. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the foregoing Agreement.

February 8, 2024 Pg. 57
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: February 2, 2024
RE: Public Works Monthly Report January 2024
INFORMATION:

7300 CODE ENFORCEMENT:

The Code Enforcement Department continues to be covered as complaints and concerns are reported, we are able to pull from Public Works and Animal Control to take care of all situations that arise.

SEE ATTACHED REPORT. NO REPORT THIS MONTH
8100 PARKS & LANDSCAPE:

Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport Complex, the Ken Brown Public Safety Center, and Elliott Park. Staff installed the lights at the Skate Park/Community Garden and will be working on the drinking fountains soon. We will be spreading decomposed granite as an all-weather surface for the Garden area. 9000 ANIMAL CONTROL DEPARTMENT:

Staff continues to maintain the Animal Shelter. The spay/neuter program is continuing to go well there were 12 dogs and 2 cats for the shelter and 10 dogs for Avenal Citizens. There are still good numbers on the number of dogs rescued.

SEE ATTACHED REPORT.
13000 STREETS:

Staff maintains city streets, signs, flags, and banners. A&M Consulting Engineers has been very helpful with the Seventh Ave. project and continues to look for grants for the cutoff. The Seventh Ave. Road Project has started. The contractor started with the ADA curb ramps and concrete work. The City Engineer continues to work on the Community Center getting it ready to go to bid. 14100 WATER DISTRIBUTION:

The 18” water line project has resumed; the contractor expects to start disinfecting and pressure testing in March. There were three (3) water leaks on the 18” main transmission line. Staff continues to repair and maintain the distribution system within the City.
15000 WASTEWATER COLLECTIONS:

Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. There were eight (8) calls for sewer plugs. A&M Consulting Engineers is looking for a grant for the bi-pass sewer line between Fifth Ave. and Seventh Ave. along SR 33. Staff is continuing the enzyme treatment for grease. 18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:

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

AGENDA ITEM NO. 7. A. – 1)
February 8, 2024 Pg. 58
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: January 01, 2024 to January 31, 2024
Total dogs 60
RETURNED TO OWNER 5
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 9
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 20
DOGS RESCUED 26
DOG BITE(S) 0
CITATIONS 1
COMPLAINTS 15
DOOR HANGERS 8
CATS DETAINED 16
EUTHANIZED 1
RESCUED 15
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 2
Cats 6
Other Animals Deceased 0
Animal Control Activity Report
City Of Avenal
Animal Control Activity Report
February 1, 2024
February 8, 2024 Pg. 59
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: January 01, 2024 to January 31, 2024
Total Dogs 38
RETURNED TO OWNER 0
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 6
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 23
DOGS RESCUED 9
DOG BITE(S) 1
CITATIONS 0
CATS DETAINED 0
EUTHANIZED 0
RESCUED 1
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 1
Deceased Animals
Dogs 10
Cats 9
Other Animals Deceased 0
Animal Control Activity Report
City Of Corcoran
Animal Control Activity Report
February 1, 2024
February 8, 2024 Pg. 60
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World” “Oasis in the Sun – Gateway to the Coast” AGENDA ITEM NO. 7- A.2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: February 5th, 2024
RE: Information Technology Monthly Report January 2024
CURRENT PROJECTS:

Internet:

Weather prevents Staff from completing the final antenna installation. However, said weather has not had a major effect on throughput or any issues from the exposed antennas.

Cal.Net reaches out to Hewitson Farms about a potential site for possible construction for the in-house ISP.

Phone System: Order placed with Consolidated Security Integration to begin GSM conversion of Avenal Police alarms. Staff will use this opportunity to have CSI complete other smaller projects as allowed.

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

Server:
-Regular Security Maintenance
-Refreshing remote access server and client access.
-Continuing reorganizing documentation of all services for future reference Other:
-Kings County reached out with an update on the digital signage project, sending over an MOU to the City to grant us more direct control of the funding. The agreement has been sent to our City Attorney for further review.
-Continuing to assist in local events (Food distributions, Candidates Night) -Assisting with City Clerk on retrieving permits, plans, and other documents from previous staff emails as requested.
-Progressing on vouchering system in conjunction with the Avenal Landfill, researching and demoing membership management software similar to what gyms use. -Continues to maintain the city website and provide tech support across all facilities.

February 8, 2024 Pg. 61
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World” “Oasis in the Sun – Gateway to the Coast” AGENDA ITEM NO. 7- A.3
TO: The Honorable Mayor and City Council
FROM: Sheila J. Verdugo, Community Activities Supervisor DATE: February 8th, 2024
RE: Community Activities January-February 2024 Report
Staff met with the City Manager to finalize the 2024 Event/Activities Calendar. Staff and/or City Manager will meet with California Health Collaborative, Tobacco Coalition, Kings County Partnership for Preventions, Cynthia Morales APD, Valley Voices, Avenal Rotary, Gear Up and the Family Engagement Center to work on scheduling future collaborative events and activities for the community.
• Staff will be working this month to update local and county resources. • Staff will be sending out annual calendar early next week. • Staff continues to move as we can on completing the Community Garden • Staff meets with City Manager every Wednesday (as schedule allow) to coordinate events and process ideas for future growth. We will be working on goal setting for the department.

In the works:

February 16th: Sip ‘n Paint Date Night – Theater – Doors open at 6:00 – Painting at 6:30 – Movie following. $40.00 per couple or $25.00 single. Additional activities for singles will be Lotteria and will be ran by Antony – cost will be $10.00 per person. Winners will receive a prize.

March 13th: The Amazing Race Obstacle Course at the Bill Wooley Pocket Park from 3-5pm.

March 23rd: Easter Eggstravaganza in Rice Park from 10☺0- 2:00 pm Staff has scheduled meetings with Families of Children with Special Needs to provide inclusion events.

Rentals:

Rec Center: Community Rentals Feb 3rd, 10th and 24th
Vet’s Hall: KCAO Tax Prep – Saturdays from 8:30 – 4:30 pm – Must go online for appt.

Community Rental 10th
Theater: Valley Voices – Candidate Night 6th confirmed and the 20th pending.

Food Distributions:
1) Rotary 2nd Tuesday
2) Adult School 2nd Friday of month
3) Casa de dios – 1st Friday, I
4) Iglesias Cristiana 3rd Friday
5) Valley Voices pending.

February 8, 2024 Pg. 62