Agenda — City Council/Successor Agency/Public Finance Authority, August 8, 2024

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
AUGUST 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: 2023-06 CITY LAST RESOLUTION: 2024-34
(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 $450.00 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. Personnel (Government Code §54957(b)).

Consider Public Employee Performance Evaluation for the Position of: Chief of Police B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).

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

Party with whom negotiating: CrisCom Company. Instructions to negotiator concerning: Terms of Payment.

C. Pending Litigation (Government Code § 54956.9).

Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)).

1. Parties, case/claim no: Ross Family Properties, LLC, v. City of Avenal (Kings County Superior Court, Case No. 24CU0071)

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.

New Employee Introductions: Officers Rafael Silva and Balthazar Morillon.

5. CONSENT CALENDAR:

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

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for July 10, 11, & 25, 2024.

B. Consider accepting conditions for grant award for the Climate Action & Adaptation Plan (Resolution 2024-35) C. Consider Authorization for City Manager & Chief of Police to Sign Contingency Agreements with Candidates (Resolution 2024-36).

D. Ratify Salary Adjustments to Bargaining Units 1-5, City Manager, and Chief of Police (Resolution 2024-37).

6. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Police Department Activity Report: Cecilio Velasco, Chief of Police.

2. Community Development Activity Report: Kelsey George, Contract City Planner, 4Creeks.

3. Economic Development & Grant Writing Report: Emily Engelsgaard, Grants Manager, the CrisCom Company.

B. Special Presentations/Reports:
a. Summer Interns Projects: Bryanna Padilla, Grace Resendez, Noemi Barrios, Karla Curiel.

August 8, 2024 Pg. 1

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

A. Discussion of Community Concerns Regarding Elevated PG&E Bills and Consideration of Drafting a Formal Letter to PG&E Requesting Relief Measures (Discussion/Action).

B. Review and Discussion of Avenal Community Recreation Center Plans (Informational).

8. PUBLIC HEARING(s):

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

A. Consider Proposed City of Avenal Fiscal Year (FY) 2024/2025 City Budget /Fees & Charges:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution (including Fees & Charges).

Note: Funding Requests included in FY 2022/2023.

B. Consider Proposed Avenal Successor Agency/RDA Debt Obligation Fund (FY) 2024/2025 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

C. Consider Proposed Finance Authority Public Finance Authority (PFA) Fiscal Year 2024/2025 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

9. OLD BUSINESS:

A. None

10. NEW BUSINESS:

A. Consider Awarding Bid for Avenal Cut-Off Road Resurfacing Project (Resolution 2024-38) (Discussion/Action).

B. Consider Approving SRO Agreement with RSUSD (Resolution 2024-39) (Discussion/Action).

C. Consider MOU with RSUSD for Digital Sign and Approving the Purchase of a Digital Sign for Skyline Blvd/Hyrdil Road from MAVP (Resolution 2024-40) (Discussion/Action).

11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Any Council member may request an item be placed on a future agenda, provided that a simple majority also support adding said item. Discussion or action on any item not on the current agenda is strictly prohibited. Closing comments are intended for Council members to report attendance of any special events and pertinent information back to the public.
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.

12. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.

I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, August 5, 2024.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
August 8, 2024 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial del Pistacho®"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 8 DE AGOSTO DE 2024; 5:15 P.M.

TEATRO Y CENTRO DE EVENTOS AVENAL, 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 utilizando el ID de reunión 872 4344 0488 para unirse.

Sesión de estudio: Ninguna.

ÚLTIMA ORDENANZA: 2023-06 ÚLTIMA RESOLUCIÓN DE LA CIUDAD: 2024-34 (SA) ÚLTIMA RESOLUCIÓN: 2023-02 ÚLTIMA RESOLUCIÓN DE PFA: 2023-01 AGENDA

1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD:

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 $450.00 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. Personal (Código de Gobierno §54957(b)).

Considere la Evaluación del Desempeño de los Empleados Públicos para el Puesto de: Jefe de Policía B. Conferencia con el (los) 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 raíces con respecto a la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera:

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 la que se negocia: Empresa CrisCom. Instrucciones al negociador relativas a: Condiciones de pago.

C. Litigio pendiente (Código de Gobierno § 54956.9).

Conferencia con asesor legal – LITIGIOS EXISTENTES (Código de Gobierno § 54956.9(d)(1)).

1. Partes, caso/reclamación n.º: Ross Family Properties, LLC, v. City of Avenal (Tribunal Superior del Condado de Kings, Caso n.º 24CU0071)

4. COMENTARIOS PÚBLICOS/ANUNCIOS Y APARICIONES NO PROGRAMADAS:

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

Nuevas Presentaciones de Empleados: Oficiales Rafael Silva y Balthazar Morillon.

5. CALENDARIO DE CONSENTIMIENTO:

Todos los elementos enumerados en el calendario de consentimiento son de rutina o solo para aprobación y se promulgan mediante una moción: (Acción).

A. Considere la aprobación de las actas de la ciudad de Avenal/agencia sucesora para el 10, 11 y 25 de julio de 2024.

B. Considerar aceptar las condiciones para la concesión de subvenciones para el Plan de Acción y Adaptación al Clima (Resolución 2024-35)
C. Considerar la autorización para que el administrador de la ciudad y el jefe de policía firmen acuerdos de contingencia con los candidatos (Resolución 2024-36).

D. Ratificar los ajustes salariales a las Unidades de Negociación 1-5, al Administrador de la Ciudad y al Jefe de Policía (Resolución 2024-37).

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

A. Informes de actividad:

August 8, 2024 Pg. 3

1. Reporte de Actividad del Departamento de Policía: Cecilio Velasco, Jefe de Policía.

2. Informe de Actividades de Desarrollo Comunitario: Kelsey George, Planificadora Urbana Contratada, 4Creeks.

3. Informe de Desarrollo Económico y Redacción de Subvenciones: Emily Engelsgaard, Gerente de Subvenciones, The CrisCom Company.

B. Presentaciones/Informes Especiales:
a. Proyectos de pasantes de verano: Bryanna Padilla, Grace Resendez, Noemí Barrios, Karla Curiel.

7. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / PUNTOS A CONSIDERAR:

A. Discusión de las preocupaciones de la comunidad con respecto a los proyectos de ley elevados de PG&E y consideración de la redacción de una carta formal a PG&E solicitando medidas de alivio (discusión/acción).

B. Revisión y discusión de los planes del Centro Recreativo Comunitario de Avenal (informativo).

8. AUDIENCIA(S) PÚBLICA(S):

Audiencia conjunta de la agencia sucesora de la ciudad de Avenal, el Fondo de Obligaciones Fiduciarias RDA/Autoridad de Finanzas Públicas:

A. Considere el presupuesto de la ciudad propuesto para el año fiscal (FY) 2024/2025 de la ciudad / tarifas y cargos:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución (incluyendo Tarifas y Cargos).

Nota: Solicitudes de financiamiento incluidas en el año fiscal 2022/2023.

B. Considerar el presupuesto propuesto para el Fondo de Obligaciones de Deuda (FY) 2024/2025 de la Agencia sucesora de Avenal/RDA:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución.

C. Considerar el presupuesto propuesto de la Autoridad de Finanzas Públicas (PFA) para el año fiscal 2024/2025:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución.

9. NEGOCIO ANTIGUO:

A. Ninguno

10. NUEVOS NEGOCIOS:

A. Considerar la adjudicación de la licitación para el proyecto de repavimentación de la carretera de corte de Avenal (Resolución 2024-38) (discusión/acción).

B. Considerar la aprobación del acuerdo de SRO con RSUSD (Resolución 2024-39) (Discusión/Acción).

C. Considerar el Memorándum de Entendimiento con RSUSD para la Señal Digital y la Aprobación de la Compra de un Signo Digital para Skyline Blvd/Hyrdil Road de MAVP (Resolución 2024-40) (Discusión/Acción).

11. CORRESPONDENCIA/ANUNCIOS/COMENTARIOS FINALES:

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

12. APLAZAMIENTO:
1) En cumplimiento con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. Teatro y Centro de Eventos Avenal, 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 Title II]. 2) Los materiales relacionados con un punto 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) Madera Avenal, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 5 de agosto de 2024. __ /s/ María Ortiz
María Ortiz, Secretaria Municipal
August 8, 2024 Pg. 4
AGENDA ITEM NO. 5. – A.

CITY OF AVENAL

SPECIAL JOINT MEETING OF THE AVENAL CITY COUNCIL/SUCCESSOR AGENCY JULY 10, 2024; 5:00 P.M.

CITY HALL, 919 SKYLINE BOULEVARD, AVENAL, CA

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: Led by Mayor Preciado at 5:01 p.m.

ROLL CALL: Councilmembers: Ricardo Verdugo, Mayor Pro Tem Alejandro Ramirez joined the meeting at 5:05 p.m., Pablo Hernandez, Mayor Alvaro Preciado.

ABSENT: Louis Gravelle.

STAFF PRESENT: Lopez, Ortiz, Price,
CITY ATTORNEY: Moses Diaz.

NEW BUSINESS:

A. Review Fiscal Year 2022/2023 and 2023/2024 – End Budget Revisions:

Antony Lopez reviewed the FY 2022/2023 and 2023/2024- End Budget Revisions with the City Council.

Mayor Preciado had a concern of property taxes.

B. Budget Workshop: Fiscal Year 2024/2025 Proposed Budget:

City Manager Lopez, overview of the Fiscal Year 2024/2025 Proposed Budget.

C. Consider Approval to Purchase One (1) Digital Poster Board for Skyline Park (SR269/Hydril Road), with accompanying MOU with Reef-Sunset Unified School District.

The Council consensus to table item for the next regular Council meeting, seconded by Councilman.

D. Review Possible Ordinance 2024-01 and Resolution 2024-3x: Imposing a Vacancy Excise Tax; and Amending/Adopting new Transient Occupancy Tax (TOT) and Business License Tax Schedules:

City Manager Lopez reported that the City of Avenal is proposing Ordinance 2024-01 and Resolution 2024-34, what Staff hopes will be collectively known as Measure B by the Elections Office, to be placed on the ballot for voter consideration in the upcoming general election on November 5, 2024. This measure aims to introduce a vacancy tax, adjust the transient occupancy tax (TOT), and create a progressive business license tax rate structure to foster sustainable growth and economic development in Avenal.

The Council consensus to table item for the next regular Council meeting, seconded by Councilman.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Manager Lopez thanked the City Council for being patient with staff.

Councilman Hernandez thanked all that participated at the Food Distribution it is appreciated.

Mayor Pro Tem Ramirez thanked Staff for the budget and all they do.

Mayor Preciado mentioned that Council needs to be fiscal responsible and tuff time to approve a budget, but Council and Staff will get through it. Thanked all that attended.

ADJOURNMENT.

There being no further business, the City Council meeting was adjourned at 7:10 p.m.

Respectfully Submitted,
Maria Ortiz, City Clerk
August 8, 2024 Pg. 5

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JULY 11, 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 5:15 p.m.

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

ABSENT: Councilman Lou Gravelle
STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Velasco, Andrade, William.

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

The City Council went into Closed Session at 5:19 p.m.

CLOSED SESSION: (City/Successor Agency):

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

Consider Public Employee Performance Evaluation for the Position of: City Manager B. Conference with Labor Negotiator(s) (Government Code § 54957.6).

It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives: Designated representatives: City Employees Bargaining Units 1-5.

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

It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agency as follows:
• Property Description: APN: 040-320-009-000; & 040-320-014-000 Negotiator(s): City Manager/City Attorney.

Party with whom negotiating: CrisCom Company. Instructions to negotiator concerning: Terms of Payment.

D. Pending Litigation (Government Code § 54956.9).

Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)).

1. Parties, case/claim no: Ross Family Properties, LLC, v. City of Avenal (Kings County Superior Court, Case No. 24CU0071).

2. Parties, case/claim no: Jesus A. Mendez, v. City of Avenal (Kings County Superior Court, Case No. 24CU0108)
AGENDA ITEM NO. 5. – A.

August 8, 2024 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – July 11, 2024

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Mayor Preciado reopened meeting at 6:29 p.m. with nothing to report.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES: No public comments.

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 June 26 & 27, 2024.

B. Consider Approval to Purchase One (1) Digital Poster Board for Skyline Park (SR269/Hydril Road), with accompanying MOU with Reef-Sunset Unified School District (Discussion/Action).

C. Consider Approval for Out of State Travel Requests to California Rural Water Association Expo, and Tri-State Seminar.

D. Consider Approval for Notice of Completion: South Seventh Avenue Road Project.

E. Consider Approval for Notice of Completion: 18" Water Transmission Pipeline Project F. Consider Approval for Notice of Completion: ATPSB1L - 5424(010), Avenal Safe Routes to School SR 269 Project RESOLUTION 2024-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL

APPROVING THE PURCHASE AND INSTALLATION OF A DIGITAL SIGN AT SKYLINE PARK AND

AUTHORIZING THE CITY MANAGER TO FINALIZE THE MEMORANDUM OF UNDERSTANDING WITH REEFSUNSET UNIFIED SCHOOL DISTRICT. Councilman Verdugo motioned to approve, seconded by Councilman Hernandez and motion carried.

RESOLUTION 2024-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL

AUTHORIZING THE CITY MANAGER TO SIGN THE NOTICE OF COMPLETION FOR THE SOUTH SEVENTH STREET PROJECT. Councilman Verdugo motioned to approve, seconded by Councilman Hernandez and motion carried.

RESOLUTION 2024-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO SIGN THE NOTICE OF COMPLETION FOR THE AVENAL 18” WATER TRANSMISSION LINE REPLACEMENT PROJECT NO. 161002- 002C. Councilman Verdugo motioned to approve, seconded by Councilman Hernandez and motion carried.

RESOLUTION 2024-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO SIGN THE NOTICE OF COMPLETION FOR ATPSB1L - 5424(010), AVENAL SAFE ROUTES TO SCHOOL SR 269 PROJECT. Councilman Verdugo motioned to approve, seconded by Councilman Hernandez and motion carried.

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

ROLL CALL VOTE:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Gravelle.

ABSTAIN: None.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS& COMMITTEE REPORTS:

A. Activity Reports:

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

Scott Davis, Public Works Supervisor reported the following: 1) Code Enforcement; 2) Park & Landscape; 3) Animal Control Department; 4) Street; 5) Water Distribution; 6) Wastewater Collection; 7) Vehicles, Equipment & Building Maintance.
a. City Engineer’s Activity Report: Javier Andrade –A&M Consulting Engineers August 8, 2024 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – July 11, 2024

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Javier Andrade –A&M Consulting Engineers reported the following: 1) Updates – Kids Pocket Park, Avenal Cut-off Road, Community and Garden, 2024 Road Project; 2) Current Grant applications: 1) Raise Grant: unsuccessful, Active Transportation Program Grant (ATP) (Cycle 7), Undergrounding the Camino de Arroyo (trail) Approx: two 3 Million dollar applications $6M total, Sustainable Transportation Program (Completed), Climate Action and Adaptation Plan $350,000- Recently Awarded; Congestion Mitigation And Air Quality (CMAQ; Quick Build South 7th Approx: $500,000 (completed); Congestion Mitigation And Air Quality (CMAQ), North 7th Avenue reconstruction Approx: $3.5 MillionAwarded, CRP Application (KCAG) Park and San Juaquin Urban Greening, Avenal Urban Greenway $3.5M Unsuccessful, Safe Streets for All Planning Application (SS4A)/Vision 0 Plan- Submitted and Self Help Planning Grant for TTHM Compliance- Awarded $1.5M (in progress).

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

Humberto Bermudez, IT Manager reported the following: 1) Internet; 2) Phone System; 3) Emails; 4) Services: Regular Security Maintenance, Continuing reorganizing documentation of all services for future reference and Purchased the last of the Police Department networking equipment; and 5) Other: Continuing to assist in local events (Food distributions, Independence Day Celebration); Continues to maintain the city website and provide tech support across all facilities. -With new funding opportunities made available, the sign project for the entrance of town on SR-269. Staff plans to use a subdomain (ie pdjobs.cityofavenal.gov) for the Police Recruitment landing page.

3. Recreation Department Activity Report: Anna Lara, Community Activities Senior Leader.

Anna Lara, Community Activities Senior Leader reported the following: 1) Engaging Avenal’s youth in Tabacco prevention; 2) Community Garden; 2) Independence Celebration; 3) Summer Kidz Spot program; 4) Rentals; 5) Working on: back to School Event- August 5th at Vets Hall/ Garden, Summer Kidz Spot; 6) Valley Voices – Food Distribution & Family Engagement Center – back to school event , Consulate – August 20th – 22nd; B. Special Presentations/Reports:
a. California Health Collaborative: Engaging Avenal Youth in Tobacco Prevention - Muriel Gobea, Program Manager Kings County Tobacco Control Program
Muriel Gobea, Program Manager Kings County Tobacco Control Program reported the following: 1) Engaging Avenal’s youth in Tabacco Prevention; 2) SOLYOUTH: support, outreach, leadership; 3) Tabacco product substitution workshops with Avenal; Friday Night Live (FNL) builds partnerships for and health youth development which engage youth as active leaders and resources in their communities; 4) Core beliefs about youth activism – Rights, Power, & Ability; 5) Youth spotlight; 6) FNL activities – elevates youth voices around substance abuse and mental health awareness;7) Earth Day 2024 Avenal; 8) May 3rs: Tabacco prevention lottery- Family Engagement Center at Avenal High School; 9) May 17th- Public Speaking training; 9) TRL – Tabacco Retail License: is a special license the government issues to business that sell Tabacco products. State & Local government commonly use licensing to regulate certain kind of businesses and professional, such as alcohol retailers, pharmacies and restaurants. A strong TRL law disproportionately target youth, facilitate comprehensive enforcement of federal, state and local tobacco prevention laws, ensure that inspections and compliance checks occur inspections and compliance check occur in all the stores in the community. Also, 25% of Tabacco Retailers in Avenal illegally sold tobacco to minors; and 10) How can a local law benefit my community: by adopting a local TRL law, a jurisdiction can enforce local, stare, and federal tobacco related laws on the local level. The benefits of local Tabacco Retail License (TRL) – TRL is a comprehensive enforcement tool, helps communities track tobacco sales, fees provide for selffinancing enforcement, can help communities improve health equity and TRL protects youth. Also, encourage the City of Avenal to adopt TRL for the City of Avenal.

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

A. Consider Designation of Voting Delegates and Alternates to League of California Cities Annual Conference & Expo - October 16-18, 2024, Long Beach, CA. (Discussion/Action).

Maria Ortiz, City Clerk reported the following: 1) League's 2024 Annual Conference; 2) the City Council must designate a voting delegate and up to two (2) alternate voting delegates in the event the voting delegate is unable to attend. As per Cal Cities bylaws; 3) By motion: designate voting delegate and alternates and allow City Clerk to submit to through online submission portal.

August 8, 2024 Pg. 8
Joint Meeting City Council/Successor Agency/PFA – July 11, 2024

Page 4 of 5 ends

Mayor Preciado motioned to be the designate voting delegate and Ricardo Verdugo be the alternate and designate voting delegate and alternates and allow City Clerk to submit through online submission portal., seconded by Councilman Verdugo and motion carried.

ROLL CALL VOTE:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Gravelle.

ABSTAIN: None.

PUBLIC HEARING(s):

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

Note: Funding Requests included in FY 2022/2023.

B. Consider Proposed Avenal Successor Agency/RDA Debt Obligation Fund (FY) 2024/2025 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

C. Consider Proposed Finance Authority Public Finance Authority (PFA) Fiscal Year 2024/2025 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

City Manager Lopez would like to continue item to finish budget, and it was discussing yesterday at a Special meeting.

Mayor Preciado opened The Public Hearing at 7:48 p.m. will be continued.

Councilman Verdugo made a motion to continue hearing for the next regular scheduled meeting, seconded by Councilman Hernandez and motion carried.

ROLL CALL VOTE:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Gravelle.

ABSTAIN: None.

OLD BUSINESS:

A. None
NEW BUSINESS:

A. Consider Ordinance 2024-01 and Resolution 2024-3x: Imposing a Vacancy Excise Tax; and Amending/Adopting new Transient Occupancy Tax (TOT) and Business License Tax Schedules:

City Manager Lopez reported on the following: Imposing a Vacancy Excise Tax; and Amending/Adopting new Transient Occupancy Tax (TOT) and Business License Tax Schedules. Also, requesting more time and scheduling special meeting July 25, 2024.

Moses Diaz mentioned that the Ordinance is draft and need more finalize details and will be ready this month.

This is just a proposal to the voters. They get to make the choice on it, because it is not geared toward their properties. It affects the absentee owner, and it is the voters choice.

August 8, 2024 Pg. 9
Joint Meeting City Council/Successor Agency/PFA – July 11, 2024

Page 5 of 5 ends

Councilman Verdugo made a motion to table item for Special meeting on July 25, 2024, seconded by Councilman Hernandez and motion carried.

ROLL CALL VOTE:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Gravelle.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Salvador Flores, Fire Chief reported the following: 1) recent fires and all contained; 2) Injurie at PG&E and worker is stable and it was an industrial freak accident; 3) there are some monsoon, dry monsoon, that type of a season lightning coming in this weekend; and 4) Right. Staffing personnel crews continue to update up and build the shift.

Councilman Verdugo acknowledged the Fire Department Station 12 there the best fire station for all they do within the city.

City Manager Lopez reported the following: 1) thank the Council for speeding meeting; 2) busy. As we've mentioned the last few meetings, there's a lot of moving parts with the budget and projects; 3) Measure B - hopes will show to the community make Avenal the best city around; and 4) Chief Velasco has great news.

Chief Velasco reported thar applied for 2024 Burn State Crisis Intervention Program Grants and happy to announce awarded today the full amount of the $377,763. It is going to allow the Avenal Police Department to educate our community in relation to extreme risk. It is going to allow the purchase of a patrol vehicle and other materials to put on gun buy backs different presentations involving youths, adults and community to try to develop a community engagement team to help us support. Also going to allow me to send fifteen (15) officers to crisis intervention training to better assist our community members or our guests that are suffering from mental illness. Also going to help us to address Suicide Prevention and look forward to more grants.

Mayor Preciado reported the following: 1) attended many meetings and thanks the community for attending.

ADJOURNMENT:

Mayor Preciado report that with no further business the meeting was adjourned at 7:44 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
August 8, 2024 Pg. 10
AGENDA ITEM NO. 5. – A.

CITY OF AVENAL

SPECIAL JOINT MEETING OF THE AVENAL CITY COUNCIL/SUCCESSOR AGENCY JUNE 25, 2024; 4:30 P.M.

CITY HALL, 919 SKYLINE BOULEVARD, AVENAL, CA / MOVED MEETING TO: AVENAL THEATER 233 E. KINGS ST AVENAL

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: Led by Mayor Preciado at 4:31 p.m.

ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Mayor Pro Tem Alejandro Ramirez Pablo Hernandez, Mayor Alvaro Preciado
ABSENT: None.

STAFF PRESENT: Lopez, Ortiz, Price,
CITY ATTORNEY: Moses Diaz.

CLOSED SESSION: (City/Successor Agency):

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

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

Property Description: APN: 040-320-009-000; & 040-320-014-000 Negotiator(s): City Manager/City Attorney. Party with whom negotiating: CrisCom Company.

Instructions to negotiator concerning: Terms of Payment.

C. Pending Litigation (Government Code § 54956.9).

Conference with legal counsel – EXISTING LITIGATION (Government Code § 54956.9(d)(1)).

1. Parties, case/claim no: Ross Family Properties, LLC, v. City of Avenal

2. (Kings County Superior Court, Case No. 24CU0071)
NEW BUSINESS:

A. Consider Ordinance 2024-01 and Resolution 2024-34: Imposing a Vacancy Excise Tax; and Amending/Adopting new Transient Occupancy Tax (TOT) and Business License Tax Schedules:

B. Budget Workshop: Fiscal Year 2024/2025 Proposed Budget:

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Manager Lopez reminded everyone about the Independence Celebration, Public Works has put a lot of work at the Sports Complex and no study session tomorrow.

ADJOURNMENT.

There being no further business, the City Council meeting was adjourned at 7:55 p.m.

Respectfully Submitted,
August 8, 2024 Pg. 11
Joint Meeting City Council/Successor Agency
February 3, 2020

Page 2 of 2 ends

Maria Ortiz, City Clerk
August 8, 2024 Pg. 12
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: August 8, 2024
RE: Consider accepting conditions for award for the Climate Action & Adaptation Plan
BACKGROUND:

The City of Avenal was awarded $309,855 in Sustainable Transportation Grant Program funds to develop a Climate Action & Adaptation Plan. Conditions for award include adopting a resolution authorizing the City Manager to execute agreements with Caltrans.

INFORMATION:

The City of Avenal applied for funding through the Sustainable Transportation Planning Grant Program for Climate Adaption Planning. The plan will assess climate vulnerabilities in our transportation infrastructure and how climate stressors limit the viability of alternative transportation options.

Key outcomes for this plan include developing specific adaptation strategies for priority corridors and our active transportation facilities, developing sustainable infrastructure design standards for our city, and performing meaningful and interactive engagement with our residents, to arrive at solutions and recommendations that will increase the community’s climate resiliency.

RECOMMENDATION:

Consider adopting Resolution No. 2024-_35_ to authorize the City Manager to execute agreements with Caltrans.

FISCAL IMPACT:

The total project cost is $350,000 with the grant program covering $309,855 and a local match of $40,145.

August 8, 2024 Pg. 13

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

THE CITY COUNCIL OF THE CITY OF

AVENAL AUTHORIZING THE CITY

MANAGER TO EXECUTE

AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR THE CITY

OF AVENAL CLIMATE ACTION &

ADAPTATION PLAN
RESOLUTION 2024-_ 35 __
WHEREAS, the City Council of the City of Avenal (“City”) is eligible to receive Federal and/or State funding for its Climate Action & Adaptation Plan, through the California Department of Transportation; and
WHEREAS, the California Department of Transportation has awarded a grant to the City in the amount of $309,855 for Climate Adaptation Planning; and WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be reimbursed through the Transportation Planning Grant Program; and
WHEREAS, the grant requires a local match of $40,145; and WHEREAS, the City wishes to delegate authorization to execute these agreements and any amendments thereto.

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 AUGUST 8, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

August 8, 2024 Pg. 14

Page 2 of 2 ends

ATTEST:
,
AVENAL
MARIA A. ORTIZ City Clerk

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

1. Found that the foregoing recitals are true;

2. Authorized the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.

3. Authorized the City Manager, 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.
* * * * * * * * * * * * * * * * * *
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
August 8, 2024 Pg. 15
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. C
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: August 8, 2024
RE: Consider Authorization for City Manager & Chief of Police to Sign Contingency Agreements with Candidates
BACKGROUND:

The City of Avenal aims to employ qualified candidates for the position of Peace Officer. Given the critical nature of these roles and the importance of maintaining certification by POST (Peace Officer Standards and Training), it is essential to have contingency agreements in place. These agreements ensure smooth and efficient personnel management and uphold the high standards expected of our Peace Officers.

INFORMATION:

The proposed contingency agreement has been drafted to address any potential issues that may arise during the employment of Peace Officer candidates. This agreement includes provisions for immediate separation if necessary, waiver of appeal rights, and waiver of claims against the City.

To streamline the process and mitigate risks, it is proposed that the City Council delegate authority to the Chief of Police and the City Manager to sign such agreements on a case-by-case basis. This delegation will ensure that the Chief of Police and the City Manager can act swiftly and effectively in maintaining the integrity and professionalism of our law enforcement team.

RECOMMENDATION:

It is recommended that the City Council approve the attached Resolution 2024-36 authorizing the Chief of Police and the City Manager to sign contingency agreements with candidates for Peace Officer positions, as outlined in the attached draft agreement.

FISCAL IMPACT:

There is no direct fiscal impact associated with the approval of this resolution. However, it ensures the City’s protection against potential legal claims and appeals, which could have significant financial implications.

August 8, 2024 Pg. 16

Page 1 of 2 ends

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 CHIEF OF

POLICE AND THE CITY MANAGER

TO SIGN CONTINGENCY

AGREEMENTS WITH CANDIDATES

FOR PEACE OFFICER POSITIONS
RESOLUTION 2024-_ 36 __
WHEREAS, the City of Avenal employs Peace Officers who must maintain certification by the Peace Officer Standards and Training (POST); and WHEREAS, contingency agreements are necessary to ensure efficient personnel management and uphold the high standards of our Peace Officers; and WHEREAS, the City Council has the authority to delegate the power to sign such agreements to the Chief of Police and the City Manager.

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 AUGUST 8, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ City Clerk

CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
August 8, 2024 Pg. 17

Page 2 of 2 ends

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found that the foregoing recitals are true;

2. The Chief of Police and the City Manager are hereby authorized to sign contingency agreements with candidates for Peace Officer positions, ensuring swift and effective personnel management.

3. Such agreements shall include provisions for immediate separation if necessary, waiver of appeal rights, and waiver of claims against the City.

4. Authorized the City Manager, 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.
* * * * * * * * * * * * * * * * * *
August 8, 2024 Pg. 18
1 of 2
City of Avenal
Contingency Agreement
This City of Avenal Contingency Agreement ("Agreement") is made and entered into on this 1st day of August, 2024, by and between the City of Avenal ("City") and [Name] ("Candidate").

1. Conditions of Employment: Candidate understands and agrees that his employment with the City is contingent upon maintaining his Peace Officer Powers certified by P.O.S.T. Should POST decertify Candidate's Peace Officer Powers as a result of any misconduct of the Candidate occurring while he was an employee of a prior law enforcement agency, Candidate agrees to the following terms:
a. Immediate Separation: Candidate agrees to separate from employment with the City of Avenal immediately upon POST's decertification of his Peace Officer Powers.
b. No Appeal Rights: Candidate agrees to waive each and all rights to appeal a voluntary or unvoluntary separation from employment with the City resulting from the condition(s) specified under Section 1 of this Agreement. Candidate understands that he will have no right to challenge or appeal such separation through any administrative, legal or contractual process.

2. Waiver of Claims: Candidate agrees to waive any and all claims, grievances, or causes of action against the City, its officials, employees, and agents arising out of or related to his separation from employment under the terms of this Agreement, including but not limited to claims under any federal, state or local law, statute, regulation, or ordinance. This Agreement is not intended to release any claim or right under Part 2.8 of Division 3 of Title 2 of the Government Code.

3. Voluntary Agreement: Candidate acknowledges that he has read and understands the terms of this Agreement, has had the opportunity to consult with legal counsel regarding this Agreement, and voluntarily enters into this Agreement without duress or coercion. Any claim of involuntariness, duress, coercion or unconscionability by any party to this Agreement, if not raised in a writing to the other party within sixty (60) days after the signing of this Agreement, shall be deemed forever waived. The Parties agree to seek legal counsel for such purposes immediately upon their signing of this Agreement, if they have not already done so, or otherwise such party agrees to be deemed to have knowingly and voluntarily waived any claim of involuntariness, duress, coercion or unconscionability and legal counsel for such purposes.

August 8, 2024 Pg. 19
2 of 2

4. Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding its subject matter and supersedes all prior agreements, understandings, or representations, whether written or oral, regarding such subject matter.

5. Amendments: This Agreement may only be amended or modified by a written agreement signed by both parties.

6. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California.

7. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

City of Avenal
By: __________________________
[Name]
[Title]
Candidate
By: __________________________
[Name]
Witness
By: __________________________
[Name]
[Title]
Date: ______________________
Acknowledgment and Agreement
I, [Name] acknowledge that I have read and understand the terms of this Contingency Agreement, and I agree to abide by the conditions set forth herein.

Signature: __________________________
Date: ______________________
August 8, 2024 Pg. 20
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. D
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: August 7, 2024
RE: Ratify Salary Adjustments to Bargaining Units 1-5, City Manager, and Chief of Police
INFORMATION:

Over the course of the Summer, the City Council and the Employee Designated Negotiating Teams No. 1, 2, 3, 4, & 5, the Chief of Police and City Manager reached an agreement for salary adjustments in consideration of inflation for the past three fiscal years and in place of previous ARPA Premium Pay.

Attached is the resolution which authorizes the City Manager to sign and execute agreements with said bargaining units and positions for the negotiated benefits. The full resolution is being presented today in open session for approval.

RECOMMENDATION:

Approve by motion Resolution 2024-37 as presented.

August 8, 2024 Pg. 21
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

SUPPORTING AND APPROVING

OFFERS TO THE EMPLOYEE

DESIGNATED NEGOTIATING TEAMS
NO. 1, 2, 3, 4 & 5, CHIEF OF POLICE

AND CITY MANAGER AS PER
REQUESTED FOR FY 2024/2025
RESOLUTION 2024-__37___
WHEREAS, Resolution 99-55 (Meet and Confer with City Employees) established a policy for the City Council and City Employees to meet and discuss working conditions, salaries, benefits, and other incidental matters; and WHEREAS, the City Council and Employee Designated Negotiating Teams No. 1, 2, 3, 4 & 5, and the Chief of Police and City Manager have discussed said matters which relate to and affect the FY 2024/2025 City Budgets; and WHEREAS, the City Council and Employee Designated Negotiating Teams No. 1, 2, 3, 4 & 5, Chief of Police and City Manager have agreed to the following:

Negotiating Teams No. 1, 2, 3, & 5, - A Cost of Living Adjustment (COLA) of 12% applied during FY 2024/2025, to commence the on the next available pay period as of enacting this resolution
Negotiating Teams No. 4 (Management), Chief of Police, and City Manager - A salary adjustment of an additional $5,500 annually to commence the on the next available pay period as of enacting this resolution
That all existing benefits shall be retained.

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 August 08, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
August 8, 2024 Pg. 22
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. The City Council of the City of Avenal hereby authorizes the City Manager to sign and execute documents and agreements related to this action on behalf of the City of Avenal.

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.
* * * * * * * * * * * * * * * * * *
20200916 - Avenal - Resolution Appointing City Attorney-v1.doc August 8, 2024 Pg. 23

AVENAL POLICE DEPARTMENT
Cecilio Velasco, Chief of Police
317 Alpine St., Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
Chief’s Monthly Report
August 8, 2024
Organizational Priorities
I. Leadership Stability
• Acting Captains R. DeLeon and E. Rij continue to excel in their roles, providing mentorship to officers and identifying necessary formal training to complement the on-the-job training for new recruits.
• Ongoing discussions address the various challenges faced by the organization and the community, with continuous strategizing and planning to mitigate exposure or safety risks. • Captain Rij is currently attending a P.O.S.T. Supervisory course, which Captain DeLeon has also completed, to strengthen and balance our leadership team. • Captain Rij was honored at the Hanford Chamber of Commerce Law Enforcement Appreciation luncheon for his outstanding leadership achievements.
• Guadalupe Celis has been promoted to Records Supervisor/Administrative Assistant. She brings prior supervisory experience, a positive attitude, and a strong team spirit. She is reliable and eager to learn.

II. Recruit and Retain the Best
• We are actively seeking candidates for Police Officer I/II, Police Sergeant positions, and Records Clerk, with all job listings available on our city website. To enhance our recruitment strategy, we are also utilizing our agency's social media platforms. • Work is ongoing on a recruitment video with multiple contributors assisting in the project. • Today, Officers Rafael Silva and Baltazar Morillon were sworn in as new hires. • We have two experienced candidates currently undergoing the background process. • Several other potential recruits are considering joining our agency.

III. International Model of Community Trust
• Our officers and professional staff remain dedicated to building community connections through various initiatives. They collaborated with the Avenal Rotary Club for food distributions, engaged with students at Avenal Elementary School during Summer School, and participated in community events such as Cops, Kids, and Paletas, and Cops, Kids, and Popcorn during Cruise Nights, and Avenal’s Community Independence Day Celebration. • Our anti-bullying, anti-gang, and anti-drug campaign is being updated to include mental wellness and gun violence awareness, aligning with our recent grant award. We aim to partner with the Reef-Sunset Unified School District to present this to students. • We continue to enhance our engagement efforts through social media.

August 8, 2024 Pg. 24

AVENAL POLICE DEPARTMENT
Cecilio Velasco, Chief of Police
317 Alpine St., Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
IV. Among the Safest Cities in America
• Despite recent acts of senseless violence, our diligent efforts have led to arrests in two major cases. We consistently monitor activities within and around our city, maintaining a proactive and vigilant stance. In addition to the aforementioned arrests, Officers proactively took three additional firearms off the streets and made arrests likely preventing further violence. • We continue to build strong partnerships with the community, law enforcement agencies, and the Kings County District Attorney’s Office, ensuring constant information sharing. • We were recently awarded the 2024 Byrne State Crisis Intervention Program (SCIP) grant from the Board of State and Community Corrections, amounting to $377,763 for the next 36 months.

This grant will help us address gun violence and mental health issues through a multifaceted approach, incorporating education on Extreme Risk Protection Orders (ERPOs), community and law enforcement training, and gun safety measures. Orientation starts later this month.

V. Embrace Wellness Among Our Employees
• We are dedicated to cultivating a positive and healthy work environment by actively promoting optimism and well-being among our staff. Our initiatives include regular discussions and workshops on nutrition, wellness, effective policing strategies, and personal development, ensuring our team remains motivated and equipped for success.

Month
Calls for Service Officer Initiated Activity Citations Traffic Collisions Arrests Field
Interviews
January 770 438 23 6 39 10
February 842 473 22 10 38 12
March 1019 664 18 12 33 1
April 919 530 28 14 32 2
May 958 569 25 10 30 0
June 816 456 30 5 26 0
July 804 406 12 6 21 1
August 53 27 4 0 2 0
September
October
November
December
August 8, 2024 Pg. 25
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. A.1
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: August 8, 2024
RE: Discussion of Community Concerns Regarding Elevated PG&E Bills and Consideration of Drafting a Formal Letter to PG&E Requesting Relief Measures
BACKGROUND:

Commercial business owners in our community have raised concerns about the significant increase in PG&E bills, which is impacting their operations and financial stability. This issue has also been observed in neighboring areas, prompting similar actions by local governments.

INFORMATION:

At the request of Mayor Preciado, this agenda item aims to discuss the elevated PG&E bills affecting commercial business owners within our community. Fresno County has recently undertaken measures to address this concern, including sending formal letters to PG&E requesting a review of the current rates and potential relief measures for businesses. It is proposed that we consider a similar approach to advocate for our local businesses.

RECOMMENDATION:

Staff recommends that the City Council discuss the community concerns regarding elevated PG&E bills for commercial business owners and consider drafting a formal letter to PG&E. The letter would request a comprehensive rate review and explore possible relief measures for affected businesses.

August 8, 2024 Pg. 26
1002 W. Main St. • Visalia, CA • (559) 734-8737 • (fax) 734-8767 • e-mail: [email protected] weplancities.com
Date: August 8, 2024
To: Avenal City Council
From: Karl Schoettler/Kelsey George, City Planning Consultants RE: Planning Activities
The following is brief summary of planning and zoning work conducted by our firm for the City of Avenal over the past two months:
• Establish procedures for address assignments;
• Continue to working through subdivision and zoning ordinance amendments and begin preparing items for public hearing;
• Re-engage with Fresno County regarding a potential annexation for property located adjacent to city limits to the north/northwest;
• Coordinate with Kings County on the Multi-Jurisdictional Housing Element; special hearing scheduled for 8/26/24;
• Response to miscellaneous public and staff inquiries planning and zoning issues, processing of OpenGov Tasks, and reviewing business licenses.

August 8, 2024 Pg. 27
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.

TO: The Honorable Mayor and City Council
FROM: Javier Andrade, Contract City Engineer
DATE: August 8, 2024
RE: Consider Approval of the Avenal Cutoff Road Rehabilitation Project Bid from Talley Oil Inc.

INFORMATION:

The City of Avenal is allocating funds to ensure the necessary financial resources are available for the Avenal Cutoff Road Rehabilitation project's successful execution and completion. The City advertised the Avenal Cutoff Road Rehabilitation Project beginning July 8, 2024. The City solicited bids which were opened and read aloud on August 7th, 2024 at 2:00 pm at Avenal City Hall, as follows:

CONTRACTOR
BASE
BID
BID

ADDITIVES
TOTAL
BID
Cal Valley Construction $846,826.10 $3,000.00 $849,826.10 G&J Heavy Haul, Inc.

Granite Construction Company
Papich Construction, Inc.

Talley Oil Inc.

VSS International Inc.
$892,147.57
$1,006,737.45
$1,487,775.00
$818,637.05
$863,000.00
$6,643.63
$-9,300.00
$0.00
$10,000.00
$6,480.00
$898,791.20
$997,437.45
$1,487,775.00
$828,637.05
$869,480.00
The City Engineer recommends awarding the contract to Talley Oil Inc. for the Avenal Cutoff Road Rehabilitation Project as they were the lowest responsive bidder.

RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. 2024-____ to award the contract to Talley Oil Inc. for the Avenal Cutoff Road Rehabilitation Project and authorize the City Manager to execute the agreement on behalf of the City.

FISCAL IMPACT:

The discal impact will be $818,637.05 plus a 10% contingency to be paid for by the City’s SB1 funds.

August 8, 2024 Pg. 28
No. Bidder: Amount:
1 CAL VALLEY CONSTRUCTION INC BASE: $846,826.10 / ALT - 1: $3,000.00 2 G&J HEAVY HAUL, INC. BASE: $892,147.57 / ALT - 1: $6,643.63 3 GRANITE CONSTRUCTION
COMPANY BASE: $1,006,737.45 / ALT - 1: $-9,300.00
4 PAPICH CONSTRUCTION, INC. BASE: $1,487,775.00 / ALT - 1: $0.00 5 TALLEY OIL INC. BASE: $818,637.05 / ALT - 1: $10,000.00 6 VSS INTERNATIONAL INC. BASE: $863,000.00 / ALT - 1: $6,480.00 7 $
8 $
9 $
10 $
11 $
12 $
13 $
14 $
15 $
16 $

APPARENT LOW BIDDER
TALLEY OIL INC.

LISTED SUBCONTRACTORS SCOPE

CAL VALLEY CONSTRUCTION MOBILIZATION,

GRIND/REMOVE AC,

PATCH REPAIR,

POTHOLE REPAIR

CHRISP COMPANY MOBILIZATION,

SIGNS AND STRIPING
Bid Sheet
224-009 AVENAL CUTOFF ROAD REHABILITATION
7-Aug-24
August 8, 2024 Pg. 29
PAGE: 1
8/7/2024 NUMBER OF BID ITEMS: 9
2:00 PM NUMBER OF BIDDERS: 6

INDICATES DISCREPANCIES
ITEM
NO. UOM ESTIMATED QUANTITIY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST 1 LS 1 $ 80,000.00 $ 80,000.00 $ 58,597.07 $ 58,597.07 $ 100,000.00 $ 100,000.00 $ 79,757.30 $ 79,757.30 $ 55,000.00 $ 55,000.00 2 LS 1 $ 112,000.00 $ 112,000.00 $ 33,565.90 $ 33,565.90 $ 36,000.00 $ 36,000.00 $ 125,000.00 $ 125,000.00 $ 25,000.00 $ 25,000.00 3 LS 1
$ 1,200.00 $ 1,200.00 $ 4,887.50 $ 4,887.50 $ 1,000.00 $ 1,000.00 $ 5,280.00 $ 5,280.00 $ 5,000.00 $ 5,000.00 4 SY 4100 $ 22.00 $ 90,200.00 $ 37.05 $ 151,905.00 $ 48.00 $ 196,800.00 $ 63.70 $ 261,170.00 $ 25.00 $ 102,500.00 5 SY 4100 $ 73.00 $ 299,300.00 $ 91.08 $ 373,428.00 $ 101.50 $ 416,150.00 $ 176.00 $ 721,600.00 $ 85.00 $ 348,500.00 6 EA 5 $ 90.00 $ 450.00 $ 438.31 $ 2,191.55 $ 1,300.00 $ 6,500.00 $ 1,635.00 $ 8,175.00 $ 95.00 $ 475.00 7 SY 48127 $ 4.00 $ 192,508.00 $ 4.28 $ 205,983.56 $ 4.00 $ 192,508.00 $ 4.65 $ 223,790.55 $ 3.80 $ 182,882.60 8 SY 52227 $ 0.30 $ 15,668.10 $ 0.37 $ 19,323.99 $ 0.35 $ 18,279.45 $ 0.45 $ 23,502.15 $ 0.35 $ 18,279.45 9 LS 1 $ 55,500.00 $ 55,500.00 $ 42,265.00 $ 42,265.00 $ 39,500.00 $ 39,500.00 $ 39,500.00 $ 39,500.00 $ 81,000.00 $ 81,000.00 BASE BID $ 846,826.10 BASE BID $ 892,147.57 BASE BID $ 1,006,737.45 BASE BID $ 1,487,775.00 BASE BID $ 818,637.05 ITEM
NO. UOM ESTIMATED QUANTITIY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST 4 LS 1 $ 3,000.00 $ 3,000.00 $ 6,643.63 $ 6,643.63 $ (9,300.00) $ (9,300.00) $ - $ - $ 10,000.00 $ 10,000.00 ADD ALT - 1 BID
TOTAL $ 3,000.00
ADD ALT - 1 BID
TOTAL $ 6,643.63
ADD ALT - 1 BID
TOTAL $ (9,300.00)
ADD ALT - 1 BID
TOTAL $ -
ADD ALT - 1 BID
TOTAL $ 10,000.00
BIDDER #3 BIDDER #4 BIDDER #5

CITY OF AVENAL

AVENAL CUTOFF ROAD REHABILITATION
BID OPENING DATE:

BIDDER #2
Scrub Seal Application
Fog Seal Application
Signing, Striping, & Pavement Marking,
(Thermoplastic)
BID OPENING TIME:

BIDDER #1
Portable Changeable Message Signs
Mobilization, Demobilization and Cleanup
Traffic Control Plan & Implementation
Storm Water Pollution Prevention Plan and
Implementation
Grind & Remove Existing Asphalt & Sub-Materials
Full Patch Repairs
Pothole Repair

ITEM DESCRIPTION

ITEM DESCRIPTION
ADD ALTERNATE - 1 BID:

G&J HEAVY HAUL, INC.
10810 AVE 184
TULARE, CA 93274

CAL VALLEY CONSTRUCTION INC
5125 N. GATES AVE.

SUITE 102
FRESNO, CA 93722

GRANITE CONSTRUCTION COMPANY
2716 GRANITE COURT
FRESNO, CA 93706
PAPICH CONSTRUCTION, INC.
398 SUNRISE TERRACE
ARROYO GRANDE, CA 93420
TALLEY OIL INC.
12483 ROAD 29
MADERA, CA 93638
August 8, 2024 Pg. 30
PAGE: 2
8/7/2024 NUMBER OF BID ITEMS: 9
2:00 PM NUMBER OF BIDDERS: 6

INDICATES DISCREPANCIES
ITEM
NO. UOM ESTIMATED QUANTITIY UNIT PRICE TOTAL COST
1 LS 1 $ 55,193.23 $ 55,193.23
2 LS 1 $ 70,389.00 $ 70,389.00
3 LS 1
$ 3,240.00 $ 3,240.00
4 SY 4100 $ 24.84 $ 101,844.00
5 SY 4100 $ 86.40 $ 354,240.00
6 EA 5 $ 97.20 $ 486.00
7 SY 48127 $ 4.36 $ 209,833.72
8 SY 52227 $ 0.15 $ 7,834.05
9 LS 1 $ 59,940.00 $ 59,940.00
BASE BID $ 863,000.00
ITEM
NO. UOM ESTIMATED QUANTITIY UNIT PRICE TOTAL COST
4 LS 1 $ 6,480.00 $ 6,480.00
ADD ALT - 1 BID
TOTAL $ 6,480.00

CITY OF AVENAL

AVENAL CUTOFF ROAD REHABILITATION
BIDDER #6
BID OPENING DATE:

BID OPENING TIME:

ITEM DESCRIPTION
Mobilization, Demobilization and Cleanup
Traffic Control Plan & Implementation
Signing, Striping, & Pavement Marking,
(Thermoplastic)

VSS INTERNATIONAL
3785 CHANNEL DRIVE
WEST SACRAMENTO, CA 95691
Portable Changeable Message Signs
Scrub Seal Application
Pothole Repair
Full Patch Repairs
Grind & Remove Existing Asphalt & Sub-Materials
Storm Water Pollution Prevention Plan and
Implementation
Fog Seal Application

ITEM DESCRIPTION
ADD ALTERNATE - 1 BID:

August 8, 2024 Pg. 31

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

THE CITY COUNCIL OF THE CITY OF

AVENAL AWARDING THE

CONTRACT FOR THE AVENAL

CUTOFF ROAD REHABILITATION
PROJECT TO TALLEY OIL INC.

RESOLUTION 2024-_ 38 __
WHEREAS, the City of Avenal has identified the need for rehabilitation of the Avenal Cutoff Road to ensure the safety and quality of its infrastructure; and WHEREAS, the City of Avenal advertised the Avenal Cutoff Road Rehabilitation Project on July 8, 2024, and received bids from qualified contractors, which were publicly opened and read aloud on August 7, 2024, at 2:00 PM at Avenal City Hall; and WHEREAS, Talley Oil Inc. submitted the lowest responsive bid in the amount of $818,637.05, and an additional 10% contingency will be allocated, bringing the total fiscal impact to the City to $900,500.76, to be funded by the City’s SB1 funds; and WHEREAS, the City Engineer has reviewed all submitted bids and has recommended awarding the contract to Talley Oil Inc. as the lowest responsive bidder.

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 AUGUST 8, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
, MARIA A. ORTIZ City Clerk
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
August 8, 2024 Pg. 32

Page 2 of 2 ends

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

1. Found that the foregoing recitals are true;

2. The City Council hereby awards the contract for the Avenal Cutoff Road Rehabilitation Project to Talley Oil Inc. in the amount of $818,637.05.

3. The total project cost, including a 10% contingency, will be funded by the City’s SB1 funds.

4. The City Council authorizes the City Manager to execute the agreement on behalf of the City and to take any and all necessary actions to implement this resolution, including the approval of any change orders or necessary adjustments within the allocated budget.

5. Authorized the City Manager, 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.
* * * * * * * * * * * * * * * * * *
August 8, 2024 Pg. 33
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 10.- C
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: August 8, 2024
RE: Consider Approval to Purchase One (1) Double Sided Poster Board for Skyline Park (Elliott Park)
BACKGROUND:

At the recent City Council meeting, the agreement with the County of Kings for digital signs was approved. Following this approval, we are now presenting the quotes for the new sign at the corner of Hydril Road and Skyline Boulevard at Skyline Park (Elliott Park).

We have received three quotes for this project of the following specs 6mm 14’ x 12’ DoubleSided Electronic Message Center:

1. MAVP: $116,025

2. Golden Rule: $173,043

3. A Plus Signs: $204,537.20
PROJECT DETAILS:

We are ordering a specially sized 14’ x 12’ double-sided electronic message center to catch drivers’ attention. We will work closely with the manufacturer to ensure the sign meets our specifications. The recommendation is to proceed with MAVP for the following reasons:

Cost-Effective: MAVP’s quote is significantly lower than the other two quotes.

Warranty and Labor: MAVP offers a 5-year warranty, which includes labor for a marquee on top that will say “Welcome,” along with the logos of the City of Avenal and Reef-Sunset Unified School District. Labor will be reduced as the sign will be constructed off-site to avoid prevailing wages.

Design: The signs will likely be detached front and back to angle more toward the road for better visibility.

RECOMMENDATION:

By Resolution 2024-39 , approve the purchase of the 14’ x 12’ double-sided electronic message center from MAVP for $116,025.

FISCAL IMPACT:

The Reef-Sunset Unified School District is offering to pay up to $72,000 toward the construction of this sign. A full Memorandum of Understanding (MOU) with the school district is still being finalized, pending legal review. The remaining funds will be from the County’s sub-contract agreement.

August 8, 2024 Pg. 34
MAVP
Silverio Morales Juarez
Business Number Business Number (559)306-2553
1317 S PINKHAM ST.

Visalia ca 93292
5593062553
5593062553
[email protected]

ESTIMATE
EST0014
DATE
03/26/2024
TOTAL
USD $116,025.00
TO
Antony V. Lopez c/o city of a . Lopez c/o city of avenal Antony lopez
919 Skyline Blvd.

Avenal, CA 93204
(559) 386-5766
+1 559-633-0023
[email protected]

DESCRIPTION RATE QTY AMOUNT
LED SCREEN out LED SCREEN outdoor 3.9 ip65 all w .9 ip65 all weather proof Plus installation and parts/accessories
2 years warranty
Technical support full coverage 24 hrs of day
$750.00 72 $54,000.00
L $0.00 1 $0.00
750H led video processor magnimage 4K led display controller $1,500.00 2 $3,000.00 Frame and installation ame and installation
Whole frame 100% custom made aluminum/material Including all parts and accessories for frame
$19,000.00 2 $38,000.00
Extra charges or parges or parts on sits on site.

Tools, generator, electric cables, any kind of expenses $6,000.00 2 7 days $12,000.00*
August 8, 2024 Pg. 35
* Indicates non-taxable line item SUBTOTAL $107,000.00
TAX (9.5%) $9,025.00
TOTAL USD $116,025.00
50% down payment when the contract is signed
August 8, 2024 Pg. 36
City of Avenal
6mm 700x600 - Full Color
August 8, 2024 Pg. 37
August 8, 2024 Pg. 38
VERSION #: R06242401

SIGN SPECIFICATIONS
Color: Full Color / RGB text, pictures & video
Pitch: 6mm
Matrix: 700x600
Dimensions: 14'-0" x 12'-0" (Tall x Wide)
Max # of Lines: -
Max Letter Per Line: -
Cabinet Size: 2'-6" x 12'-0" (Tall x Wide)
Cabinet PMS Color:

Powdercoat Color S1794018
PANTONE 286 C
See available powdercoat colors:
https://goldenrulesigns.com/grs-powder-coat
2’-6”
14’-0”
12’-0”
August 8, 2024 Pg. 39
1083 Brooks Industrial
Shelbyville KY 40065
Quote #7 Consultant: Kody Sutton
1-800-732-9886
[email protected]
Ceth Moore
City of Avenal
919 Skyline Blvd
Avenal, CA, 93204
Great Signs. Great Service. Great Prices. Date: 06-21-2024 Quote Items
EMC 6 mm 14' x 12' Double Sided Electronic Message Center with Side Vent Covers with Cellular Modem with Lifetime Data and Cloud based Software $135,030.00
Installation Framing and dual poles for Installation $3,000.00 Fabrication 30" x 144" Duracore Brick Monument Base $6,150.00 Installation Prevailing Wage Installation $17,000.00
Shipping Shipping $7,000.00
Site Survey Engineered Drawings $550.00
Fabrication ID Cabinet with monument clips for sign off E Kings St. 18" x 72 " $3,313.00 Total $172,043.00
Terms: Net 30 w/ P.O.

To begin the purchase process please sign and fax to 502-416-0544 or scan and e-mail to your Project Consultant.

X:_________________________________________________________ Date:________________________ By signing, Buyer acknowledges product specifications and pricing as well as Golden Rule Signs, LLC terms and conditions.

Applicable sales tax will be added to your invoice - exempt organizations must provide certificate.

Manufacturing lead time is 4-10 weeks depending on scope of work - confirm with your Project Manager.

Engineering, permit acquisition, permit fee and running electric are not included unless specifically stated in this quote. This quote is valid for 90 days.

August 8, 2024 Pg. 40
Golden Rule Signs, Terms and Conditions of Sale v5117

1.0 Basis of Sale: No variation to these Conditions shall be binding unless agreed in writing between authorized representatives of the Buyer & Seller. Additional, different or inconsistent terms or conditions proposed or received from Buyer, including without limitation, any additional, different or inconsistent terms or conditions in Buyer’s request for proposals or order, are hereby rejected and shall not be a part of the parties’ contract. Seller’s commencement of any work or delivery of any goods does not constitute acceptance of or consent to any additional, different or inconsistent terms. Changes in orders must be requested by Buyer in writing. No changes in orders or these terms and conditions shall be binding on Seller unless specifically agreed in a writing signed by Seller. Seller is not liable or responsible for any delays caused by Buyer’s changes in orders. Sales literature, price lists and other documents issued by Seller in relation to the Goods are subject to alteration by Seller without notice, do not constitute offers to sell the Goods which are capable of acceptance and do not constitute a part of this Contract unless the parties otherwise expressly agree in writing. Typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2.0 Orders, Specifications & Permits: All specifications of the order, products, and services provided by the Seller shall be listed on the signed Purchase Order Contract including items such as shipping, installation, permitting, training, custom artwork and design. Items not listed on the POC are not included in the specifications of the Goods. Seller does not run electricity – this is a client responsibility. Buyer is responsible for ensuring their signed POC lists all items and their correct prices prior to signing. No order which has been accepted by the Seller may be canceled by the Buyer except with the agreement in writing of the Seller and with the understanding that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by the Seller because of cancellation. Permits for erecting the sign are the sole responsibility of the Buyer unless included as a line item in the order. The Seller may, at its option assist in providing drawings, sketches/renderings, or technical information. Permits are paid for at face value by the Buyer unless a sale price has already been assigned to them. Any required core samples, engineered drawings or additional certifications requested by the Buyer or the Buyer’s local government are the responsibility of the Buyer. Unless Seller is procuring permits as listed in the order agreement: If for any reason the local governing authorities (be it city or county zoning, permit, building inspections etc.) deny permit application, Buyer is conclusively responsible for all purchased equipment, services and products. If Seller is procuring permits and local governing authorities deny application; Buyer is only responsible for costs incurred. If Seller is to utilize an existing support structure when installing a sign, it is hereby known that Seller has no knowledge of the depth, size or integrity of the footer below grade or materials/methods used to construct the existing support structure. As such, Buyer agrees to hold Seller harmless and void of all liability as it relates to the existing support structure, including the footer.

3.0 Terms of Payment Payment to Seller is specified on the POC (Purchase Order Contract). In the event that Buyer is paying through installments, “due on or before” dates will be set forth on the POC. Any payments that are past due by 7 or more calendar days shall be assessed a $50 late fee. In addition, any payments that are past due by more than 30 calendar days shall bear interest at a rate equal to the lesser of (a) one and one-half percent (1.5%) per month or (b) the maximum permitted by law. Noncompliance with payment terms or any other failure by Buyer to observe, perform and be in compliance with the terms and conditions of this Contract, will be a breach of contract by the Buyer. In that event, (a) Seller may exercise all rights and remedies available to it at law or in equity, and title to the Goods shall revert to the Seller, and (b) the Buyer waives all rights to the Goods and services that were to be provided as well as monetary deposits given to the Seller. Upon Buyer’s breach of payment terms, Client reserves the right to repossess all equipment (installed or not).

4.0 Delivery: Title to all Goods and risk of loss passes to Buyer and Seller’s liability ceases upon making delivery of the Goods to the Buyer. The date of delivery of the Goods may vary due to the nature of manufacturing custom signage. Estimated delivery/installation dates are estimations. Seller shall be held harmless if the estimated delivery/installation date is exceeded. Buyer is responsible for any increased installation costs due to delays caused by Buyer (lack of access to site or personnel during planned visit, delivery or installation, undisclosed underground lines or unprepared site provisions). Buyer is solely responsible for any damage during shipping if Goods are being shipped directly to the Buyer and the damage is discovered after signing for and receiving the Goods. Buyer’s are advised to examine crate and Goods before accepting. This does not apply to projects where a GRS contracted installer is receiving Goods.

5.0 Assignment of Manufacturer’s Warranties: Seller hereby assigns to Buyer, to the extent assignable, all manufacturer’s warranties and service agreements with respect to the Goods, if any, for the purpose of making appropriate claims against the manufacturer, provided that the Seller shall retain at all times the right to be protected by these warranties, agreements and indemnities.

6.0 Legal: Buyer represents and warrants that it is duly authorized to enter into this Contract and that this Contract constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. It is the responsibility of the Buyer to ensure that this purchase and signing of this contract is compliant with the Buyers protocol and procedures. This contract shall be governed by the laws of the Commonwealth of Kentucky, without regard to its conflict of laws principles. The parties hereby irrevocably submit to the exclusive jurisdiction of the Federal and and State courts located in Jefferson County, Kentucky regarding the interpretation and enforcement of this Contract and the transactions contemplated hereby and hereby waive and agree not to asset as a defense that it is not subject thereto or that any such action may not be brought or maintained in such courts or that such venue may not be appropriate or convenient. This Contract constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all other agreements, previous contracts for this signage, understandings, representations and warranties both oral and written with respect to such subject matter. In the event that GRS hires an attorney to represent it in any dispute in any way related to this Contract, Buyer expressly agrees to pay all legal fees and costs incurred by such attorney in such a matter. - END OF DOCUMENT -
August 8, 2024 Pg. 41
Estimate
SignWorks
109 E. 5th Street
Hanford, CA 93230
ph. (559) 583-1175
fax (559) 583-1824
email: [email protected]
City Of Avenal
Prepared For:
919 Skyline Blvd
Avenal, Ca 93204
Humberto Bermudez Estimate: No:

Date:

Terms:

Due Date
Salesperson:
34799
6/25/2024 8:29:20AM
(559) 212-8993
0 day(s) from order
ph: Brianna Garcia
fax:

Net 75
Description: LED Message Board for City Entrance - 6mm HB2-SMD type (3-in-1 LEDs) Dear Humberto:

Thank you for considering SignWorks for your sign needs.

If you have any questions, please don't hesitate to call me at 583-1175 >>> PLEASE CONTACT US SO WE CAN PROCEED WITH THIS ORDER, THANK YOU. <<< Sincerely,
Brianna Garcia
Sales Rep.

Qty Product Sides Size Unit Cost Install Item Total
1 LED Message Center * 1 144 x 168 $191,493.00 $0.00 $191,493.00 6mm LED Computer Controlled Message Center Display Unit. Display Size 11' 9 3/4" x 13' 7 13/16" x 5 3/8".

Two single face display mounted back to back on (2) 10 " square pipes.

Description
Notes:
* ESTIMATE DOES NOT INCLUDE PERMIT FEES.
* ESTIMATE DOES NOT INCLUDE RUNNING POWER TO SIGN LOCATION . * DOES NOT INCLUDE ENGINEERING FEE IF REQUIRED FOR PERMIT. * REQUIRES 50% DEPOSIT TO START JOB REMAINING BALANCE DUE BEFORE COMPLETION.

LED DISPLAY:

Cell Modem - 5 year part warranty + Lifetime Data > 50,000 pixels Pixel Pitch 6.667mm / Matrix 540 x 624 / RGB
ME Cloud software with lifetime subscription: INCLUDED
Line Item Total: $191,493.00
Tax Exempt Amt: $11,573.00
Subtotal: $191,493.00
Taxes: $13,044.20
Total: $204,537.20
Deposit Required: $102,268.60
Accepted By (signature required) Date
Fax Confirmation to (559) 583-1824
August 8, 2024 Pg. 42

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

THE CITY COUNCIL OF THE CITY OF

AVENAL APPROVING THE
PURCHASE OF A 14’ X 12’ DOUBLESIDED ELECTRONIC MESSAGE

CENTER FOR SKYLINE PARK
(ELLIOTT PARK)
RESOLUTION 2024-_ 39 __
WHEREAS, the City of Avenal is committed to enhancing communication with its residents and visitors; and
WHEREAS, the City Council previously approved an agreement with the County of Kings for the acquisition and installation of digital signs; and WHEREAS, the City has identified the need for a new electronic message center at the corner of Hydril Road and Skyline Boulevard at Skyline Park (Elliott Park); and WHEREAS, three quotes were received for the 14’ x 12’ double-sided electronic message center: MAVP: $116,025; Golden Rule: $173,043; A Plus Signs: $204,537.20; and
WHEREAS, MAVP, a local vendor, has provided the most cost-effective quote, which includes a 5-year warranty, labor for the marquee, and the inclusion of the City of Avenal and Reef-Sunset Unified School District logos; and WHEREAS, the Reef-Sunset Unified School District has agreed to contribute up to $72,000 toward the construction of the sign, with a full Memorandum of Understanding (MOU) pending final legal review and remaining funds from a County of Kings sub-grant agreement;

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 AUGUST 8, 2024, BY THE FOLLOWING VOTE:

August 8, 2024 Pg. 43

Page 2 of 2 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ City Clerk

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

1. Found that the foregoing recitals are true;

2. The City Council hereby approves the purchase of the 14’ x 12’ double-sided electronic message center from MAVP for $116,025.

3. The City Manager or designee is directed to work closely with MAVP to ensure the sign meets all specifications and requirements, including the installation of the marquee and logos.

CITY OF AVENAL
August 8, 2024 Pg. 44

City Council/Successor Agency/Public Finance AuthorityAugust 8, 2024

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