Agenda — City Council/Successor Agency/Public Finance Authority, February 13, 2025

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
FEBRUARY 13, 2025; 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: AB-1234 (Brown Act) Training - Moses Diaz, City Attorney 4:00 P.M.

LAST ORDINANCE: 2024-02 CITY LAST RESOLUTION: 2025-12
(SA) LAST RESOLUTION: 2025-01 PFA LAST RESOLUTION: 2024-02 AGENDA

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:

Moment of Silence in remembrance of: Captain Mark Eads, Kings County Fire Department

2. ROLL CALL: Councilmembers: Ricardo Verdugo, David Reynosa, Pablo Hernandez, Mayor Pro, Tem M.

Leticia Gamez; 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. 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.

4. 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 January 22 & 23, 2025.

B. Consider Authorizing the City Manager to Enter into an Agreement with Lexipol for Subscription to Local Government Administration Policy Manual & Daily Training Bulletins.

C. Consider authorizing the City Manager to enter into an MOU with California Department Of Corrections And Rehabilitation (CDCR), Avenal State Prison (ASP), for Administrative Costs to Manage Effluent Water Agreements.

D. Consider Approving Amendment #6 to Animal Control Shelter Services Agreement with City of Corcoran.

E. Consider Adopting Amended Job Description for Public Works Director.

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

A. None

6. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Scott Davis, Public Works Supervisor.
a. City Engineer’s Activity Report: Javier Andrade –A&M Consulting Engineers

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

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

B. Special Presentations/Reports:
1) Waste Connections, Quarterly Report – George Anderson, Site Manager 2) MidValley Disposal, Program Overview – Thomas Recycle Program Manager 3) PG&E Utility Updates – Nathan Alonso, Local Government Affairs February 13, 2025 Pg. 1

7. PUBLIC HEARING(s):

A. None

8. OLD BUSINESS:

A. SRO Agreement with RSUSD (Discussion/Action).

9. NEW BUSINESS:

A. Consider Awarding of 22-CDBG-NH-00050: Community Sports and Recreation Center Project Award Contract to Yanez Construction and Kings County Air Conditioning Inc. (Resolution 2025-17).

10. 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.

11. 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:
• City Manager
B. Pending Litigation (Government Code § 54956.9).

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

1. Parties, case/claim no: Jesus A. Mendez, v. City of Avenal (Kings County Superior Court, Case No. 24CU0108)
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:

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.

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 10, 2025.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
February 13, 2025 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA DEL 13 DE FEBRERO DE 2025; 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: AB-1234 (Ley Brown) Capacitación - Moses Diaz, Abogado de la Ciudad 4:00 P.M.

ÚLTIMA ORDENANZA: 2024-02 ÚLTIMA RESOLUCIÓN DE LA CIUDAD:
2025-12
(SA) ÚLTIMA RESOLUCIÓN: 2025-01 ÚLTIMA RESOLUCIÓN DE PFA: 2024-02 AGENDA

1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD:

Momento de silencio en memoria de: Capitán Mark Eads, Departamento de Bomberos del Condado de Kings

2. PASE NOMINAL: Concejales: Ricardo Verdugo, David Reynosa, Pablo Hernandez, Alcalde Interino, Tem M.

Leticia Gamez; Alcalde, Alvaro 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. 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 están en la agenda. Se permiten tres (3) minutos por persona.

4. 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 minutas de la Ciudad de Avenal/Agencia sucesora para el 22 y 23 de enero de 2025.

B. Considere autorizar al administrador de la ciudad a celebrar un acuerdo con Lexipol para suscribirse al Manual de Políticas de Administración del Gobierno Local y a los Boletines Diarios de Capacitación.

C. Considere autorizar al Administrador de la Ciudad a celebrar un Memorando de Entendimiento con el Departamento de Correcciones y Rehabilitación de California (CDCR), Prisión Estatal de Avenal (ASP), para Costos Administrativos para Administrar Acuerdos de Aguas Efluentes.

D. Considere Aprobación de la Enmienda # 6 al Acuerdo de Servicios de Refugio de Control de Animales con la Ciudad de Corcoran.

E. Considerar la adopción de una descripción de trabajo enmendada para el Director de Obras Públicas.

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

A. Ninguno

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

A. Informes de actividad:

1. Informe de Actividad de los Departamentos de Obras Públicas/Aplicación de Códigos/Control de Animales: Scott Davis,
Supervisor de Obras Públicas.
a. Memoria de Actividad del Ingeniero de la Ciudad: Javier Andrade – A&M Consulting Engineers

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

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

February 13, 2025 Pg. 3
B. Presentaciones/Informes Especiales:
1) Waste Connections, Informe Trimestral – George Anderson, Gerente del Sitio 2) MidValley Disposal, Descripción general del programa - Gerente del programa de reciclaje de Thomas 3) Actualizaciones de servicios públicos de PG&E - Nathan Alonso, Asuntos del Gobierno Local

7. AUDIENCIA(S) PÚBLICA(S):

A. Ninguno

8. NEGOCIO ANTIGUO:

A. Acuerdo de SRO con RSUSD (Discusión/Acción).

9. NUEVOS NEGOCIOS:

A. Considere la adjudicación del contrato del proyecto 22-CDBG-NH-00050: Centro Comunitario de Deportes y Recreación a Yanez Construction y Kings County Air Conditioning Inc. (Resolución 2025-17).

10. 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 punto. 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.

11. 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:
• Administrador de la ciudad
B. Litigios pendientes (Código de Gobierno § 54956.9).

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

1. Partes, caso/demanda no: Jesús A. Méndez, v. Ciudad de Avenal (Tribunal Superior del Condado de Kings, Caso No. 24CU0108)
C. 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 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 la que se negocia: Empresa CrisCom. Instrucciones al negociador relativas a: Condiciones de pago.

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 Municipal (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 Título 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 los 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 10 de febrero de 2025. __ /s/ María Ortiz
María Ortiz, Secretaria Municipal
February 13, 2025 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

SPECIAL CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JANUARY 22, 2025; 4:00 P.M.

AVENAL CITY HALL, 919 SKYLINE BLVD., AVENAL, CA
LAST ORDINANCE: 2024-02 CITY LAST RESOLUTION: 2025-08
(SA) LAST RESOLUTION: 2025-01 PFA LAST RESOLUTION: 2024-02 Minutes
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Pro Tem Gamez at 4:07pm.

ROLL CALL: Councilmembers: Ricardo Verdugo, David Reynosa, Mayor Pro Tem M. Leticia Gamez; Mayor, Alvaro Preciado (arrived at 4:48pm).

ABSENT: Councilmember Hernandez

TRAINING
A.Council Training on Technology Use Policy, I.T. Policy 2022-01; and Deployment of Devices, by Humberto Bermudez, IT Director – (Information).

The IT Director, Humberto Bermudez, reviewed the Technology Use Policy with all the council members. He also facilitated the deployment of iPad devices and provided a brief overview on their proper use and functionality for council meetings and communications.

B. Council Onboarding for Human Resources – by Griselda Price, Director of Administrative Services – (Information).

As part of the onboarding process for new and returing council members, the Deputy City Clerk collected the required California Identification numbers (CA ID) and Social Security numbers, which were then provided to the Director of Administrative Services for further processing.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

No closing comments.

Mayor Preciado adjourned the meeting at 5:37pm.

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, January 20, 2025.
__ /s/ Karla Curiel
Karla Curiel, Deputy City Clerk
February 13, 2025 Pg. 5

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JANUARY 23, 2025, 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
Prior to start of the meeting we had a study session regarding ethics training, more specifically, on the Brown Act lead by City Attorney Moses which began at 4:02pm.

CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:20 pm ROLL CALL: Councilman Ricardo Verdugo, David Reynosa, Pablo Hernandez, Mayor Pro, Tem M.

Leticia Gamez; Mayor, Alvaro Preciado.

ABSENT: None.

STAFF: Lopez, Curiel, Price, Bermudez, Velasco, Naranjo.

LEGAL COUNSEL: Moses Diaz.

CITY CLERK:

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

I, Deputy City Clerk, Karla Curiel, received one comment card from Francisco Lopez.

Francisco Lopez expressed concerns regarding the way Reef-Sunset Unified School District (RSUSD) presented the School Resource Officer (SRO) agreement. He stated that the presentation was inadequate, as it focused solely on the impact of one deputy rather than addressing the entire contract. He expressed that this approach reflected poorly on the Avenal Police Department and highlighted a lack of communication. Mr. Lopez emphasized the need for joint meetings between the City and the school district, as their decisions are interconnected. Additionally, he voiced concerns that the Sheriff’s Department could potentially be used for deportation efforts, noting that some community members are not citizens, and he hoped such actions would not occur. Overall, he urged both entities to collaborate more effectively.

Kings County Grand Jury Member Kevin Scott stated that he served on the Hanford High School Board for eight years.

During his tenure, the board facilitated the development of new facilities for police and nursing, without utilizing school district funds. Instead, the project was funded through contributions from the City and the College of the Sequoias (COS). He emphasized that the foundation of a city lies in its schools, police, fire services, and other essential institutions. Scott highlighted that the goal was not only to reduce costs for the school district but also to accomplish initiatives that the district would not have been able to undertake independently. This was achieved by leveraging grants and funding from COS and the City Council. He further stressed the importance of collaborative meetings between the school district and the City Council to drive progress in the implementation of community projects.

February 13, 2025 Pg. 6
Consider Recognizing Senior Officer Miguel Gracida as the Recipient of the 2024 Avenal Police Department Courage to Lead Award
Chief Velasco announced that the Avenal Police Department is proud to recognize Senior Officer Miguel Gracida as the recipient of the 2024 Avenal Police Department Courage to Lead Award. Established in 2010, this award honors individuals who exemplify courageous leadership. He added that Officer Gracida has demonstrated exceptional leadership, dedication, and courage, making him a deserving recipient of this recognition. As a Field Training Officer (FTO), he has played a pivotal role in mentoring and training new officers, further strengthening the department. In recognition of his service, Senior Officer Gracida was presented with an award and a certificate signed by Chief Velasco and City Manager Lopez.

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 January 9, 2025.

B. Ratify Resolution 2025-08/ SA Resolution 2025-01-Recognized Obligation Payment Schedule FY 25-26 for July 2025 through June 2026.

C. Approve Expenditure for Repair to Main Pump #1 - Plant #1 (Motion).

D. Consider Transitioning the Property and Evidence Officer Position from PartTime to Full-Time within the Avenal Police Department (Resolution 2025-09).

E. Consider Changing the Title of Police Captain to Police Commander and Update Job Description (Resolution 2025-10).

F. Consider Changing the Title of Senior Police Officer to Police Corporal and Update Job Description (Resolution 2025-11).

G. Consider Adopting by Resolution, New and Amended Citywide Policies for the City of Avenal Policy & Procedure Manual: Content Creation Guide and Official City Branding Social Media; Social Media Terms of Use Policy; Sexual Harassment; Discipline; Email Etiquette Policies, & Gym Release Form (Resolution 2025-12).

During the initial discussion, Council Member Verdugo requested to move Item B to Old Business and Items D, E, and F to New Business. Additionally, he motioned to table Item G for approximately one month to allow for a thorough review of all related policies. For Items A and C, Mayor Pro Tem Gamez motioned for approval, with a second from Council Member Verdugo. The motion carried. Subsequently, during the discussions under Old Business Mayor Pro Tem Gamez requested to go back to Consent Calendar and motioned to approve Items D, E, and F. Item G was temporarily approved for a year after short presentation from City Manager, pending review of policies from City Attorney. It was also stated by City Attorney that these new policies supersede the old ones for the year.

RESOLUTION 2025-09: AMENDING AN EXISTING EMPLOYMENT POSITION WITHIN CITY HALL. Council Member/Successor Agency Member Gamez motioned to approve item D on Consent Calendar, seconded by Councilman/Successor Agency Member Hernandez, and motion carried. This was for the transitioning of the Property and Evidence Officer Position from Part-Time to Full-Time within the Avenal Police Department.

RESOLUTION 2025-10: REPLACING AN EXISTING EMPLOYMENT POSITION WITHIN THE POLICE DEPARTMENT. Council Member/Successor Agency Member Gamez motioned to approve item E on Consent Calendar, seconded by Councilman/Successor Agency Member Hernandez, and motion carried. This is to consider changing the title of Police Captain to Police Commander and update job description.

February 13, 2025 Pg. 7
RESOLUTION 2025-11: REPLACING AN EXISTING EMPLOYMENT POSITION WITHIN THE POLICE DEPARTMENT. Council Member/Successor Agency Member Gamez motioned to approve item F on Consent Calendar, seconded by Councilman/Successor Agency Member Hernandez, and motion carried. This is to consider changing the title of Senior Police Officer to Police Corporal and update job description.

ROLL CALL VOTE:

AYES: Verdugo, Reynosa, Hernandez, Gamez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

RESOLUTION 2025-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

AVENAL ADOPTING NEW AND AMENDED CITYWIDE POLICIES FOR THE POLICY AND

PROCEDURE MANUAL, INCLUDING SOCIAL MEDIA TERMS OF USE POLICY, CONTENT

CREATION GUIDE AND OFFICIAL CITY BRANDING SOCIAL MEDIA POLICY, DISCIPLINE POLICY, EMAIL ETIQUETTE POLICY, AND GYM RELEASE FORM.

Council Member/Successor Agency Member Gamez motioned to temporarily approve item G for a year, seconded by Councilman/Successor Agency Member Hernandez, and motion carried. These policies are replacing the current for the year.

ROLL CALL VOTE:

AYES: Reynosa, Hernandez, Gamez, Preciado.

NOES: Verdugo.

ABSENT: None.

ABSTAIN: None.

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

A. None
ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

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

Chief Velasco began by stating that his report would cover the period from October 2024 to the present. The majority of his report was presented as submitted. However, at the conclusion of his report, he addressed a recent school board meeting he attended, clarifying that statements made regarding the current state of the Avenal Police Department were inaccurate. He noted that a comment was made suggesting he should feel embarrassed, but he firmly disagreed, expressing his pride in serving the City of Avenal and his appreciation for the progress being made within the department. Mayor Preciado inquired about the Homicide Report and Operation Royal Flush. Chief Velasco responded that the incident occurred in 2023 and remains an ongoing investigation, preventing him from discussing specific details. He confirmed that the Avenal Police Department assisted in the case, with the Sheriff’s Department also playing a role. He further emphasized that he has no opposition to the Sheriff’s Department operating in the city and appreciates their assistance in the investigation. Mayor Preciado stated that his inquiry was made in the interest of public transparency. He also voiced his agreement with Chief Velasco regarding the inaccuracies stated about the Avenal Police Department during the school board meeting.

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

Kelsey provided an update to the Council, noting that several inquiries had been received about potential ideas for the City. She thanked the City for its efforts in the recent Goal Setting exercise and commended the City’s resourcefulness. The remainder of her report was presented as submitted. At the end of her report, Councilman Verdugo asked if the City can enter homes at any time without notifying residents, to which Kelsey responded that the City cannot enter homes illegally, but Code Enforcement can inspect properties without prior notice if a complaint is filed. Mayor Preciado inquired if the February 13, 2025 Pg. 8
food vendor application process was similar to other communities, and Kelsey confirmed that it is and helps streamline the application process. Mayor Preciado also asked if the process is business-friendly, and Kelsey affirmed that it is designed to be so. Council Member Verdugo asked whether the City can increase fees at any time and where the fee schedules come from. Kelsey explained that fees can be adjusted administratively but must be approved by the City Council, and that fee details are available on the City website. The City Manager added that fee schedules are reviewed annually and that no increases have been made in the past 2-3 years. Kelsey also noted that staff time is factored into the fee but kept low. Finally, Mayor Preciado asked about the time frame for City annexation. Kelsey explained that the process varies depending on the county and involves a two-tier procedure with Kings and Fresno Counties, with Kings County serving as the lead agency.

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

Emily presented her report as submitted to the Council. During the discussion, the Mayor asked about the possibility of additional funding for air districts and whether it could be made available to rural communities. Emily responded that she would look into the matter further with her team to see if there are any extra funding opportunities.

B. Special Presentations:
a. Kings County Behavioral Health Community Updates
Christi Lupkes, Deputy Director of Kings County Behavioral Health, introduced several representatives from contracted providers in the audience and presented her report as submitted to the Council. During the discussion, a member of the public asked how many total services were provided and to differentiate between appointments and services. Christi clarified that there are 12 youth currently receiving services, totaling 806 services. Councilman Verdugo raised a concern about the long application process for receiving services in the past. Christi explained that the process has not been condensed due to State requirements and Medi-Cal informational needs but that post-Covid, eligibility will now be reviewed with the person requesting services by someone from the agency. Councilman Verdugo also brought up the Suicide Walk event, noting that the city’s event was made smaller while a larger event for Kings County took place. Christi responded that their goal was not to create competition but to have multiple walks to create more community engagement and saturation. Council Member Gamez praised Aspirnet for their involvement with her family, to which Christi thanked Gamez for being a foster parent. The City Manager added that the digital signs are now complete, and once operational, they will begin cycling through information. An audience member, Sheila, asked about mobile crisis services. Christi explained that mobile crisis services are available throughout Kings County, with teams based in Hanford and Corcoran, and they are working on a third team. The City Manager added that a portion of the Avenal Hospital building is being explored for use, and Christi mentioned there is limited space in Avenal but they are looking into grants for infrastructure to support a team there. Sheila also inquired about the type of insurance accepted for mobile crisis services. Christi responded that the services primarily accept Medi-Cal or Medi-Cal only, and a representative in the audience added that mobile crisis services do not require specific health insurance. Sheila expressed an interest in connecting for future city events and seeking funding, as well as wanting to see support groups offered locally. Former resident Craig Bollinger raised a concern about a 6-month meeting agreement and felt that no progress had been made, referencing Richard Valle’s comments from the previous year. Christi responded that progress had been made and encouraged him to contact them if there were any specific issues requiring attention. Christi also mentioned her interest in starting a public campaign for awareness. Mayor Preciado thanked the program for their presentation and their commitment and concluded by affirming that they would continue their involvement with the program and the school.

PUBLIC HEARING(s):

A. None
OLD BUSINESS:

City Manager Lopez suggested that item B that was tabled be discussed before presenting on SRO agreement. He additionally went over final numbers for the obligation payment. Councilman Verdugo expressed concerns about placing resolutions on the consent calendar, citing state law from research he had brought and stating that it may reduce government transparency. He February 13, 2025 Pg. 9
emphasized that this is why he prefers not to have resolutions on the consent calendar. Moses confirmed that the research was correct, but explained that resolutions are sometimes placed on the consent calendar to expedite the process, noting that neither approach is necessarily wrong. The City Manager added that the Mayor has the discretion to decide the agenda. The Mayor followed up by suggesting that Council members should review the agenda and ask questions prior to the meeting through the proper chain of command, in order to avoid taking up valuable public and Council time. Moses further clarified that there are different procedures for the consent calendar, and recommended adhering to the default rule. In regard to Item B from the consent calendar, it is a resolution that was amended with final numbers.

RATIFY RESOLUTION 2025-08/ SA RESOLUTION 2025-01: A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL (SUCCESSOR AGENCY) APPROVING A RECOGNIZED PAYMENT SCHEDULE (ROPS) PURSUANT TO AB XI 26, FOR JULY 2025 THROUGH JUNE 2026. Council Member/Successor Agency Member Verdugo motioned to approve amended Resolution, seconded by Councilman/Successor Agency Member Reynosa, and motion carried.

ROLL CALL VOTE:

AYES: Verdugo, Reynosa, Hernandez, Gamez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

A. SRO Agreement with RSUSD (Informational).

The City Manager reported that the previous week's school board meeting was disastrous. Both the City and the School District had been collaborating on a Memorandum of Understanding (MOU) regarding the School Resource Officer (SRO) agreement for several months, and a meeting was held with the Superintendent on the morning of the board meeting. The City had requested a 50% financial contribution from the District, but this was reduced to 30%. Unfortunately, the agreement was misrepresented by the District administration at the board meeting. The City Manager expressed appreciation for the parents who spoke on the matter and acknowledged the support of the Avenal Police Department. He also thanked the City Council for their presence and involvement. He presented the agreement from the District and highlighted a specific section he disagreed with, notably the SRO guidelines concerning the ability to leave campus. The City Manager emphasized that the District is seeking more oversight over the Avenal Police Department officers, which contributed to the District’s decision not to approve the agreement. He expressed concern that the proposed changes would undermine the authority of the Chief of Police. Chief Velasco then provided additional context, stating that previous MOUs with the District were established to ensure accountability. He noted an instance where he had inquired about an office for Officer Gracida, but the District indicated it was unnecessary, while the Sheriff was provided an office as part of an agreement. The Chief also expressed disagreement with the District’s call for increased oversight of the SROs, explaining that building relationships with students is a gradual process, and that stricter oversight would be counterproductive. He further noted that there may be an amendment to the COPS grant, potentially allowing the funds to be allocated for purposes other than the SRO program. Mayor Preciado lastly included that it would be important to still meet with the District Board as they will need a new contract starting the new academic year.

NEW BUSINESS:

A. None.

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.

There were no comments from the Deputy City Clerk. The City Manager informed the Council that Sexual Harassment Training is scheduled for tomorrow, followed by a ceremony in the afternoon to celebrate the graduation of three new officers from the COS Police Academy. Chief Velasco added that Friday, the 24th, will be a significant day for the City. The official ceremony will take place next Wednesday at Pegasus. There were no comments from the City Attorney. Council Member Verdugo offered February 13, 2025 Pg. 10
an apology for his previous comments, stating he may have come across too strongly during the meeting. There were no comments from Council Members Reynosa, Hernandez, or Mayor Pro Tem Gamez. Mayor Preciado requested that the City Manager provide a deadline for staff to complete the Sexual Harassment Training. He also reminded the Council to complete and submit their 700 forms. Mayor Preciado shared that he had recently met with the Kings Area Rural Transit Agency (KART) and announced that they had successfully purchased a Ford F150 in good condition for $500. An audience member raised a concern regarding the trucks' hour meters and suggested they be checked against the mileage. The Mayor clarified that the low mileage was due to the vehicles being primarily used for transportation between locations. Additionally, the Mayor noted that there are new members on several boards, including KART and Vehicle Abatement. He also mentioned that he is looking forward to meeting with Alexandra Macedo's office in March to discuss potential funding opportunities. Regarding future agenda items, Mayor Preciado, along with Council Member Hernandez, expressed interest in addressing a community concern about local businesses purchasing products from wholesale stores and subsequently marking up prices two to three times higher in Avenal.

The City Council went into Closed Session at 8:51p.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. Threat to Public Services or Facilities § 54957(a)).

Consultation with Chief of Police.

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

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.

Council came out of Closed Session at 10:46pm with no action taken. Having no other business, Mayor Preciado adjourned the meeting at 10:46pm.

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, January 20, 2025. __
/s/ Karla Curiel
Karla Curiel, Deputy City Clerk
February 13, 2025 Pg. 11
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 4. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: February 13, 2025
RE: Consider Authorizing the City Manager to Enter into an Agreement with Lexipol for Subscription to Local Government Administration Policy Manual & Daily Training Bulletins
INFORMATION:

As discussed in last month’s policy report, the City’s current policy and procedure manual dates back to 1987, with numerous outdated policies, inconsistent amendments, and handwritten modifications that have created confusion and inefficiency. While we have taken steps to address specific policy gaps by adopting new individual policies, a comprehensive solution is needed to ensure all policies are legally compliant, consistent, and easily accessible to staff.

The best long-term solution is to subscribe to Lexipol, a widely used policy management system that provides:
• A comprehensive policy manual aligned with federal and most state regulations. • The ability to integrate our local policies for consistency in formatting, style, and enforcement. • Electronic distribution and acknowledgment, ensuring all employees are working off the same policies. • Regular policy updates and training, with daily training bulletins that reinforce policies in real-world scenarios.

Why Lexipol?
The Police Department already uses Lexipol, making it the best choice for ensuring uniformity across all departments. By expanding the City’s use of Lexipol, we can streamline policy updates and enforce acknowledgment of policies electronically. This approach will help our upcoming HR/RISK Assistant and administrative staff effectively push out updates and ensure compliance across the organization.

Implementation Plan
• The subscription starts next month to allow staff to begin integrating policies. • The entire policy manual will be reviewed and brought back to the City Council for formal adoption of the base policies.
• Moving forward, any necessary updates will be automatically incorporated, ensuring fair and consistent application across all employees.

Cost & Justification
The subscription cost is reasonable given the long-term benefits, including risk reduction, legal compliance, and administrative efficiency. It will also help City staff enforce policies more effectively and eliminate the confusion caused by outdated documents.

February 13, 2025 Pg. 12
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 4. B
RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to enter into an agreement with Lexipol for a subscription to the Local Government Administration Policy Manual & Daily Training Bulletins, by Resolution 2025-13.

FISCAL IMPACT:

Yearly subscription of $4,081.00, out of the General Services Department.

February 13, 2025 Pg. 13

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

Approving Agreement with Lexipol for
Subscription to Local Government
Administration Policy Manual & Daily
Training Bulletins
RESOLUTION 2025-_13__
WHEREAS, the City of Avenal’s policy and procedure manual dates back to 1987, Ord. 89-02 § 1, 1989, Title 2, Administration, Article 2. Personnel System, with outdated policies, handwritten amendments, and inconsistencies that create confusion in City operations; and
WHEREAS, last month, the City Council adopted piecemeal updates to specific policies, but a comprehensive and modernized approach is necessary for long-term consistency and compliance; and
WHEREAS, Lexipol provides a fully integrated, legally compliant policy system that aligns with federal and state regulations while allowing the City to customize policies for local needs; and
WHEREAS, the Avenal Police Department already uses Lexipol, making it the best platform to ensure consistency across all departments; and WHEREAS, Lexipol’s subscription service includes electronic distribution, acknowledgment tracking, daily training bulletins, and automatic updates, ensuring policies remain current and enforceable; and
WHEREAS, the implementation of Lexipol will help City staff efficiently push out policies and enforce compliance while eliminating the inefficiencies of the current outdated policy manual; and
WHEREAS, the subscription cost is affordable and provides long-term benefits in legal compliance, risk reduction, and administrative efficiency.

February 13, 2025 Pg. 14

Page 2 of 2 ends

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 13, 2025, BY THE FOLLOWING VOTE:

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 and correct;

2. Approves and adopts the agreement with Lexipol for a Local Government Administration Policy Manual & Daily Training Bulletins subscription.

3. Authorizes the City Manager to execute the agreement and oversee its implementation, and finds that this agreement will improve operational efficiency, ensure policy compliance, and standardize policies across all departments.

4. 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.
* * * * * * * * * * * * * * * * * *
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
February 13, 2025 Pg. 15

MASTER SERVICE AGREEMENT
Agency's Name: City of Avenal
Agency's Address: 919 Skyline Blvd
Avenal, California 93204
Attention: Antony Lopez
Sales Rep: Mary James
Lexipol's Address: 2611 Internet Boulevard, Suite 100
Frisco, Texas 75034
Effective Date: EFFECTIVE_DATE_DS
(to be completed by Lexipol upon receipt of signed Agreement) This Master Service Agreement (the “Agreement”) is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), and the department, entity, or organization referenced above ("Agency").

This Agreement consists of:
(a) this Cover Sheet
(b) Exhibit A - Selected Services and Associated Fees
(c) Exhibit B - Terms and Conditions of Service
Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement.

City of Avenal Lexipol, LLC
Signature: CUSTSIG_DS Signature: COUNTERSIG_DS
Print Name: CUSTNAME_DS Print Name:

Title: CUSTTITLE_DS Title:

Date Signed: CUSTDATE_DS Date Signed: COUNTERSIGDATE_DS Exhibit A

SELECTED SERVICES AND ASSOCIATED FEES
Agency is purchasing the following:

Prorated Period

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Local Government Administration Policy Manual & Daily Training Bulletins (Start: 3/1/2025 End: 6/30/2025)
USD 1,360.33 USD 1,360.33
Subscription Line Items Total USD 1,360.33
USD 1,360.33
Prorated Period TOTAL: USD 1,360.33
Annual Subscription

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Local Government Administration Policy Manual & Daily Training Bulletins (Start: 7/1/2025 End: 6/30/2026)
USD 4,081.00 USD 4,081.00
Subscription Line Items Total USD 4,081.00
USD 4,081.00
Annual Subscription TOTAL: USD 4,081.00
The foregoing pricing has been prorated for the benefit of Agency and Agency therefore agrees that they will waive the right to cancel this agreement until the end of the first renewal period.

Copyright © Lexipol, LLC 1995-2024
Rev. 9.1.2024
1 Exhibit B
Terms and Conditions of Service
These Terms and Conditions of Service (the “Terms”) govern the rights and obligations of Lexipol and Agency under this Agreement.

Lexipol and Agency may each be referred to herein as a “Party” and collectively as the “Parties.”

1. Definitions. Each of the following capitalized terms will have the meaning included in this Section. Other capitalized terms are defined within their respective sections, below.

1.1 “Agency” means the department, agency, office, organization, company, or other entity purchasing and/or subscribing to Lexipol Services, as may be further denoted on the cover sheet to which these Terms are attached.

1.2 “Agency Data” means all data, information, and content owned by Agency prior to the Effective Date of this Agreement, or which Agency provides during the Term of this Agreement for purposes of identifying authorized users, confirming departmental information, or which are ancillary to receipt of Lexipol Services.

1.3 “Agreement” means the combination of the cover sheet (signature page); Exhibit A (“Selected Services and Associated Fees”); this Exhibit B; and any other documents attached hereto and expressly incorporated herein by reference.

1.4 “Custom Agreement Terms” refers to an optional section within Exhibit A which allows the Parties to modify this Agreement and/or incorporate additional exhibits or addenda by reference.

1.5 “Effective Date” means the date specified on the cover sheet (signature page), or as otherwise expressly set forth and agreed upon by Lexipol and Agency in writing and defined as the “Effective Date.”

1.6 “Initial Term” means the period commencing on the Effective Date and continuing for the length of time indicated on Exhibit A. If not so indicated, the default Initial Term is one (1) year from the Effective Date.

1.7 “Lexipol Content” means all content in any format including but not limited to written content, images, videos, data, information, and software multimedia provided by Lexipol and/or its licensors via the Services.

1.8 “Services” means all products and services, including but not limited to all online services, software subscriptions, content licensing, professional services, and ancillary support services as may be offered by Lexipol and/or its affiliates.

2. Term; Renewal. This Agreement becomes enforceable upon signature by Agency’s authorized representative, with an Effective Date as indicated on the cover page. This Agreement shall renew in successive one-year periods (each, a “Renewal Term”) on the anniversary of the Effective Date unless terminated as set forth herein. The Initial Term and all Renewal Terms collectively comprise the “Term” of this Agreement.

3. Termination.

3.1 For Convenience; Non-Appropriation. This Agreement may be terminated by Agency at any time for convenience (including due to lack of appropriation of funds) by providing written notice to Lexipol. 1 3.2 For Cause. This Agreement may be terminated by either party, effective immediately, (a) in the event the other party fails to discharge any obligation, including payment obligations, or remedy any default hereunder for a period of more than thirty (30) calendar days after it has been provided written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction.

3.3 Effect of Expiration or Termination. Upon the expiration or termination of this Agreement for any reason, Agency’s access to the Services ordered pursuant to Exhibit A herein shall cease unless Lexipol has, in its sole discretion, provided for their limited continuation. Termination or expiration of this Agreement shall not, however, relieve either party from any obligation or liability that has accrued under this Agreement prior to the date of such termination or expiration, including payment obligations. 1 Note: Online Services fees are not eligible for refund, proration, or offset in the event of Agency’s termination for convenience as they are delivered in full as of the Effective Date. Fees pre-paid for Professional Services may be eligible for offset to the extent such Services have not been delivered.

Copyright © Lexipol, LLC 1995-2024
Rev. 9.1.2024
2 4. Fees; Invoicing. Lexipol will invoice Agency at the commencement of the Initial Term and thirty (30) days prior to the commencement of each Renewal Term, if applicable. Agency agrees to remit payment within thirty (30) calendar days of receipt of Lexipol’s invoice. Payments may be made electronically through Lexipol’s online customer portal or by mailing a check to Lexipol, LLC at PO Box 676232 Dallas, TX 75267-6232 (Attn: Accounts Receivable). Agency is responsible for all third-party fees (e.g., wire fees, bank fees, credit card processing fees) incurred when paying electronically, and such fees are in addition to those listed on Exhibit A.

Lexipol reserves the right to increase fees for Renewal Terms following notice to Agency. All fee amounts stated in Exhibit A are exclusive of taxes. Unless otherwise exempt, Agency is responsible for and will pay in full all taxes related to receipt of Lexipol’s Services. If Agency is exempt, it must send its exemption certificate(s) to [email protected].

5. Terms of Service. The following provisions govern access to and use of specific Lexipol’s Services:

5.1 Online Services. Lexipol’s Online Services include all online services offered by Lexipol and its partners, affiliates, and licensors. Online Services include, without limitation, Lexipol’s Policy Knowledge Management System (“KMS”), Learning Management System (“LMS”)2, Cordico wellness application(s), GrantFinder, Virtual Instructor-Led Training, and the LEFTA Systems suite of solutions (collectively, the “Online Services”).

5.2 Professional Services. Lexipol’s Professional Services include those Services that are not part of Lexipol’s Online Services and which require the direct, hands-on professional expertise of Lexipol personnel and/or contractors, including implementation support for policy manuals and software, technical support for online learning, accreditation consulting, grant writing3, and projects requiring regular input from Lexipol’s subject matter experts (collectively, “Professional Services”). Professional Services may also be referred to as “One-Time” Services on Exhibit A and may also include the provision of supplemental documentation from Lexipol’s Professional Services team, either with this Agreement or during the provision of Service.

5.3 Account Security. Access to Lexipol’s Services is personal and unique to Agency. Agency shall not assign, transfer, or provide access to Lexipol Services to any third party without Lexipol’s prior written consent. Agency is responsible for maintaining the security and confidentiality of Agency’s usernames and passwords and the security of Agency’s accounts. Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency’s account or Agency’s usernames and/or passwords.

5.4 Agency Data. Lexipol’s use of Agency Data is limited to providing and improving the Services, retaining records in the regular course of business, and complying with applicable legal obligations. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data, including technical and organizational measures to protect Agency Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure, including through measures specified by the National Institute of Standards and Technology (NIST). Lexipol’s Services use the Secure Socket Layer (SSL) protocol, which encrypts information as it travels between Lexipol and Agency. However, data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits is 100% secure.

6. Intellectual Property. Lexipol’s Services, and all Lexipol Content underlying such Services, are proprietary and, where applicable, protected under U.S. copyright, trademark, patent, and/or other applicable laws. By subscribing to Lexipol’s Online Services, Agency and its personnel receive a personal, limited, non-sublicensable and non-assignable license to access and use such Services in conformity with these Terms. Nothing contained in this Agreement, and no course of dealing, shall be construed as conferring any right of ownership to Lexipol’s Services or Lexipol Content. Lexipol’s policy Content may be incorporated into Agency’s final policies4, including beyond the expiration or termination of this Agreement, but Agency may not create other Derivative Works, share Lexipol Content with third parties, or commercialize Lexipol Content in any way. As used herein, other “Derivative Works” include any work product based on or which incorporates Lexipol Content, including any revision, modification, abridgement, condensation, expansion, compilation, or any other form in which Lexipol Content, or any portion thereof, is recast, transformed, or adapted. Agency acknowledges and agrees that Lexipol shall have no responsibility to update the Lexipol Content used by Agency beyond the Term of this Agreement and that Lexipol shall have no liability for Agency’s creation or use of Derivative Works. 2 LMS Services include, but are not limited to: PoliceOne Academy, FireRescue1 Academy, EMS1 Academy, Corrections1 Academy, and LocalGovU. 3 Agency is responsible for submitting all information reasonably required by Lexipol’s grant writing team in a timely manner and always at least five (5) days prior to each grant application submission date. Agency is responsible submissions of final grant applications by grant deadlines. Failure to timely submit required materials to Lexipol’s grant writing team will result in rollover of project fees to next grant application cycle, not a refund of fees. Requests for cancellation of grant writing services which have already begun will result in a 50% fee of the total value of the service. 4 NOTE: AGENCY ACKNOWLEDGES AND AGREES THAT, PRIOR TO USE OR FINAL PUBLICATION BY AGENCY, ALL AGENCY POLICIES AND DAILY TRAINING BULLETINS (DTBs) HAVE BEEN INDIVIDUALLY REVIEWED AND ADOPTED BY AGENCY. AGENCY ACKNOWLEDGES AND AGREES THAT IT, AND NOT LEXIPOL, WILL BE CONSIDERED THE “POLICY MAKER” WITH REGARD TO EACH AND EVERY SUCH POLICY AND DTB.

Copyright © Lexipol, LLC 1995-2024
Rev. 9.1.2024
3 7. Confidentiality. Each Party may disclose information to the other Party that would be reasonably considered confidential, including Agency Data (collectively, “Confidential Information”). Upon receiving such Confidential Information, each Party will: (a) limit disclosure of such Confidential Information to authorized representatives only; (b) advise its personnel and agents of the confidential nature of such Confidential Information and of the obligations set forth in this Agreement; and (c) not disclose any Confidential Information to any third party unless expressly authorized by the disclosing Party. Notwithstanding the foregoing, this section shall not operate to limit Agency’s disclosure authority pursuant to a valid governmental, judicial, or administrative order, subpoena, regulatory request, Freedom of Information Act request, Public Records Act request, or equivalent, provided that Agency notifies Lexipol of such disclosure, to the extent practicable, such that Lexipol may seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of Lexipol’s Confidential Information and trade secrets.

8. Warranty. LEXIPOL WARRANTS THAT IT SHALL NOT KNOWINGLY INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS; THAT ITS SERVICES ARE PROVIDED IN A PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH PREVAILING INDUSTRY STANDARDS; AND THAT THEY SHALL BE FIT FOR THE SPECIFIC PURPOSES SET FORTH HEREIN. BEYOND THE FOREGOING, LEXIPOL’S SERVICES ARE PROVIDED “AS-IS” AND LEXIPOL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE.

9. Indemnification; Limitation of Liability. Lexipol will indemnify, defend, and hold harmless Agency from and against any and all loss, liability, damage, claim, cost, charge, demand, fine, penalty, or expense arising directly and solely out of Lexipol’s acts or omissions in providing the Services. Each Party’s cumulative liability resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the aggregate amount of fees paid by Agency to Lexipol during the twelve-month period immediately prior to the assertion of such claim, demand, or action. In no event shall either Party be liable for indirect, incidental, consequential, special, exemplary damages, or lost profits.

10. General Terms.

10.1 Entire Agreement. This Agreement embodies the entire agreement between the Parties and supersedes all prior agreements with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by either party that is not embodied herein. Terms and conditions set forth in any purchase order or other document that are inconsistent with or in addition to the terms and conditions set forth in this Agreement are rejected in their entirety and void, regardless of when received, without further action. No amendment, modification, or supplement to this Agreement shall be binding unless it is made in writing and signed by both parties.

10.2 General Interpretation. The terms of this Agreement have been chosen by the parties hereto to express their mutual intent. This Agreement shall be construed equally against each party without regard to any presumption or rule requiring construction against the party who drafted this Agreement or any portion thereof.

10.3 Invalidity of Provisions. Each provision contained in this Agreement is distinct and severable. A declaration of invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision.

Should any provision or portion thereof be held to be invalid or unenforceable, the parties agree that the reviewing authority should endeavor to give effect to the parties’ intention as reflected in such provision to the maximum extent possible.

10.4 Governing Law. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders relating to its obligations pursuant to this Agreement. This Agreement shall be construed in accordance with, and governed by, the laws of the state in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply.

10.5 Assignment. This Agreement may not be assigned by either party without the prior written consent of the other.

Notwithstanding the foregoing, this Agreement may be assumed by a party’s successor in interest through merger, acquisition, or consolidation without additional notice or consent.

10.6 Waiver. Either party’s failure to exercise, or delay in exercising, any right or remedy under any provision of this Agreement shall not constitute a waiver of such right or remedy.

10.7 Notices. Any notice required hereunder shall be in writing and shall be made by certified mail (postage prepaid) to known, authorized recipients at such address as each party may indicate from time to time. In addition, electronic mail (email) to established and authorized recipients is acceptable when acknowledged by the receiving party.

PREPARED FOR:

City of Avenal
City Manager Antony Lopez
[email protected]
559-386-5766; 122
PREPARED BY:

Mary James
[email protected]
+15593285815
2611 Internet Blvd, Ste 100
Frisco, Texas 75034
(844) 312-9500
www.lexipol.com
February 13, 2025 Pg. 21
Executive Summary
Public safety agencies and local government organizations today face challenges of keeping personnel safe and healthy, reducing risk and maintaining a positive reputation. Add to that the dynamically changing legislative landscape and evolving best practices, and even the most progressive, forward-thinking departments can struggle to keep up.

Lexipol's solutions are designed to save you time and money while protecting your personnel and your community. Our team consists of professionals with expertise in public safety law, policy, state and federal accreditation, training, mental and physical wellness and grants. We continually monitor changes and trends in legislation, case law and best practices and use this knowledge to create policies, training, wellness resources and funding services that minimize risk and help you effectively serve your community.

THE LEXIPOL ADVANTAGE
Lexipol was founded by public safety experts who saw a need for a better, safer way to run a public safety agency. Since the company launch in 2003, Lexipol has grown to form an entire risk management solution for public safety and local government. Today, we serve more than 10,000 agencies and municipalities and 2 million public safety and government professionals with a range of informational and technological solutions to meet the challenges facing these dynamic industries. In addition to providing policy management, accreditation, online training, wellness resources, and grant assistance, we provide 24/7 industry news and analysis through the digital communities Police1, FireRescue1, Corrections1, EMS1 and Gov1.

Our customers choose Lexipol to make an investment in the safety and security of their personnel, their agencies and their communities. We help agencies address issues that create substantial risk, including:
• Inconsistent and outdated polices
• Lack of technology to easily update and issue policies and training electronically • Unchecked mental health needs of staff
• Difficulty keeping up with new and changing legislation and practices • Inability to produce policy acknowledgment and training documentation • Unfamiliarity of city legal resources with the intricacies of public safety law • The need to secure grant funding for critical equipment, infrastructure and personnel Lexipol is backed by the expertise of 440 employees with more than 2,075 years of combined experience in constitutional law, civil rights, ADA and discrimination, mental health, psychology, labor negotiations, Internal Affairs, use of force, hazmat, instructional design, federal and state grants and a whole lot more. That means no more trying to figure out policy, achieve accreditation, develop training or wellness content, or secure funding on your own. You can draw on the experience of our dedicated team members who have researched, taught and lived these issues.

We look forward to working with City of Avenal to address your unique challenges.

Page 2 of 5 ends

February 13, 2025 Pg. 22
Scope of Services
Local Government Administration Policy Manual
Constitutionally Sound, up-to-date policies are the foundation for consistent, safe local government functions and are key to lowering liability and risk. Lexipol's comprehensive policy manual covers key aspects of your organization's general operations, facilities, and equipment, records, and personnel policy needs.
• Approximately 50 policies researched and written by public safety attorneys and subject matter experts
• Policies based on federal laws and regulations as well as nationwide best practices • Ability to customize content to reflect your organization's unique terminology and structure Daily Training Bulletins (DTBs)
Even the best policy manual lacks effectiveness if it's not backed by training. Lexipol's Daily Training Bulletins are designed to help your personnel learn and apply your agency's policy content through 2- minute training exercises.
• Scenario-based training ties policy to real-world applications • Understanding and retention of policy content is improved via a singular focus on one distinct aspect of the policy
• Each Daily Training Bulletin concludes with a question that confirms the user understood the training objective
• Daily Training Bulletins can be completed via computers or from smartphones, tablets or other mobile devices
• Reports show completion of Daily Training Bulletins by agency member and topic Policy Updates
Lexipol's legal and content development teams continuously review laws and regulations, court decisions and evolving best practices. When needed, we create new and updated policies and provide them to your agency, making it simple and efficient to keep your policy content up to date. • Updates delivered to you through Lexipol's web-based content delivery platform • Changes presented in side-by-side comparison against existing policy so you can easily identify modifications/improvements
• Your agency can accept, reject or customize each update Web-Based Delivery Platform and Mobile App (Knowledge Management System) Lexipol's online content delivery platform, called KMS, provides secure storage and easy access to all your policy and training content, and our KMS mobile app facilitates staff use of policies and training completion.
• Ability to edit and customize content to reflect your agency's mission and philosophy • Efficient distribution of policies, updates and training to staff • Archival and easy retrieval of all versions of your agency's policy manual • Mobile app provides in-the-field access to policy and training materials Reports
Lexipol's Knowledge Management System provides intuitive reporting capabilities and easy-to-read reports that enhance command staff meetings and strategic planning. • Track and report when your personnel have acknowledged policies and policy updates • Produce reports showing completion of Daily Training Bulletins • Sort reports by agency member, topic and other subgroups (e.g., shift, assignment)

Page 3 of 5 ends

February 13, 2025 Pg. 23
• Reduce the time your supervisors spend verifying policy acknowledgement and training completion

Page 4 of 5 ends

February 13, 2025 Pg. 24
Proposal
Prepared By: Mary James Quote #: Q-97639-1
Phone: +15593285815 Date: 1/10/2025
Email: [email protected] Valid Through: 2/7/2025
Overview
Lexipol empowers first responders and public servants to best meet the needs of their residents safely and responsibly. We are the experts in policy, training and wellness support, committed to improving the quality of life for all community members. Our solutions include state-specific policies, online learning, behavioral health resources, funding assistance, and industry news and information offered through the websites Police1, FireRescue1, EMS1 and Corrections1. Lexipol serves more than 2 million public safety and government professionals in over 10,000 agencies and municipalities. The services proposed below are designed to meet your agency’s specific goals and needs.

Prorated Period

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Local Government Administration Policy Manual & Daily Training Bulletins (Start: 2/1/2025 End: 6/30/2025)
USD 1,700.42 USD 1,700.42
Subscription Line Items Total USD 1,700.42
USD 1,700.42
Prorated Period TOTAL: USD 1,700.42
Annual Subscription

Page 5 of 5 ends

February 13, 2025 Pg. 25
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 4. C
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: February 13, 2025
RE: Consider authorizing the City Manager to enter into an MOU with California Department Of Corrections And Rehabilitation (CDCR), Avenal State Prison (ASP), for Administrative Costs to Manage Effluent Water Agreements.

INFORMATION:

When Avenal State Prison (ASP) came online in 1987, the State of California funded the construction of a new water plant, pipeline, and wastewater treatment plant to support prison operations. As part of the wastewater management plan, the State sought to utilize the effluent water generated by ASP. Originally, this effluent water was sold to a local farmer.

As of 2020, due to changes in State procurement and bidding regulations, ASP is no longer able to directly pay a farmer for accepting the effluent water. Instead, the State requested that the City of Avenal facilitate the payments. Under this arrangement:
• The City pays Wheat Land, Inc. $7,500 per month for accepting the effluent water. • The State reimburses the City in a lump sum of $90,000 annually to cover these costs.

While this arrangement ensures compliance with State procurement laws, past staffing shortages led to processing delays on the City’s end, resulting in late fees. However, the State is unable to pay late fees under its regulations. Recognizing the City’s administrative burden in managing these transactions, ASP has agreed to compensate the City for its time and efforts in the form of an administrative processing fee of $4,200 per year.

The proposed Memorandum of Understanding (MOU) formalizes this agreement, ensuring the City is compensated for managing the effluent water payment process.

RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to enter into an MOU with CDCR/Avenal State Prison to collect an administrative processing fee of $4,200 per year by Resolution 2025-14.

FISCAL IMPACT:

None.

February 13, 2025 Pg. 26

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF: Authorizing the
City Manager to Enter into a Memorandum of
Understanding (MOU) with CDCR/Avenal
State Prison for Administrative Costs to
Manage Effluent Water Agreements
RESOLUTION 2025-_14__
WHEREAS, in 1987, the State of California developed a new water plant, pipeline, and wastewater treatment plant in Avenal to serve Avenal State Prison (ASP); and WHEREAS, the State initially arranged for effluent water from the prison to be sold to a local farmer, but due to changes in procurement and bidding rules in 2020, the State is now required to compensate a farmer for accepting the effluent water; and WHEREAS, due to these changes, the City of Avenal has facilitated payments by paying Wheat Land, Inc. $7,500 per month, with the State reimbursing the City $90,000 annually; and
WHEREAS, past staffing shortages led to processing delays that resulted in late fees that the State cannot legally reimburse; and
WHEREAS, recognizing the administrative burden on the City, ASP has agreed to compensate the City with an annual administrative processing fee of $4,200; and WHEREAS, it is in the City’s best interest to enter into a formal MOU with ASP to ensure reimbursement for administrative costs related to managing the effluent water 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 February 13, 2025, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
February 13, 2025 Pg. 27

Page 2 of 2 ends

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

1. Found that the foregoing recitals are true and correct;

2. Authorize the City Manager to sign the Memorandum of Understanding (MOU) with CDCR/Avenal State Prison for Administrative Costs to Manage Effluent Water Agreements, and also manage said agreements as necessary to the best interest of the City.

3. 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 13, 2025 Pg. 28
February 13, 2025 Pg. 29

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MEMORANDUM) is entered into by The CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, AVENAL STATE PRISON (ASP), and the CITY OF AVENAL (CITY), individually referred to herein as a “Party” and collectively as the “Parties”, with an effective date of ______; and
WHEREAS, in 2020, the Parties entered a Memorandum of Understanding (Wheat Land MOU) with Wheat Land, Inc. (Attached as Exhibit A) wherein the parties agreed that Wheat Land, Inc. would be paid $90,000 per year as consideration for receiving recycled effluent from ASP’s pond; and WHEREAS, pursuant to the Wheat Land MOU, CITY agreed to submit an invoice to ASP for payment of the $90,000 fee, and CITY agreed to thereafter issue payment to Wheat Land, Inc.; and WHEREAS, the Wheat Land MOU states that ASP and CITY agree that ASP will pay the fee described in the previous paragraph to CITY, and includes no agreement regarding ASP payment of any other fees, including late fees, to CITY;
WHEREAS, the Parties do not intend that this MEMORANDUM to modify the Wheat Land MOU, and this MEMORANDUM does not modify the Wheat Land MOU; and WHEREAS, the Parties desire to enter this MEMORANDUM regarding payment of administrative fees for work performed by CITY related to the Wheat Land MOU.

NOW THEREFORE, the Parties hereby mutually agree as follows:

1. Within 90 days after the effective date of this MEMORANDUM, ASP shall issue a payment to City in the amount of $4,200 for City’s administrative costs for the fiscal year 2024-2025.

2. For fiscal year 2025-2026 and fiscal years thereafter, CITY shall invoice ASP for the total of $4,200 on an annual basis. ASP shall pay CITY within 60 days of receipt of invoice.

3. This MEMORANDUM can only be modified via mutual agreement by ASP and CITY.

4. This MEMORANDUM may be terminated by either Party upon one hundred and eighty (180) days written notice to the other Party.

AVENAL STATE PRISON CITY OF AVENAL
BY: BY:

Deleted: ¶
February 13, 2025 Pg. 30
Warden or Designee City Manager
DATED: DATED:

February 13, 2025 Pg. 31

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 4. D
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: February 13, 2025
RE: Consider Amendment #6 to Animal Control Shelter Services Agreement with City of Corcoran
INFORMATION:

The City of Avenal and the City of Corcoran have been operating under the terms set forth in the MOU and most recent Amendment #5 to the Animal Control Shelter Services Agreement. However, both cities have identified areas requiring further clarity to ensure equitable and effective operations.

In response, Assistant Chief of Police Robert Nevarez worked closely with staff from both cities to identify misunderstandings in the agreement and propose a more balanced approach to shelter usage, operational procedures, and expectations. While both cities have already been working under these refined guidelines, formal approval by both City Councils is necessary to ensure consistency and compliance
Key Updates in Amendment #6:
• Clarity on Operational Guidelines: The amendment provides explicit details regarding the intake process, shelter capacity, and the health standards for incoming animals. • Defined Capacity Limits: Avenal’s shelter will receive a maximum of 8-10 large breed dogs and 18 small breed dogs per month from Corcoran, with exceptions requiring prior approval. • Scheduling for Dog Deliveries: Large breed dog deliveries are limited to once per week, while small breed deliveries may occur up to twice per week, ensuring proper staffing coordination. • Health and Safety Requirements: Sick or injured dogs must be restored to a reasonable health standard before transfer, and all animals must meet California Health and Safety Code standards regarding bites and “vicious” classifications.
• Cost Adjustments for Sustainability: Avenal will implement a 10% fee increase effective July 1, 2025, to account for rising operational costs.
• Equity in Shelter Use: The agreement ensures fairness in access and expectations, reducing prior misunderstandings.

February 13, 2025 Pg. 32
1 of 2

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 4. D
RECOMMEDATION:

By Resolution, approve addendum #6 to agreement number 1010 to continue providing Animal Control Shelter service to the City of a Corcoran. Resolution 2025-15.

FISCAL IMPACT:

No immediate fiscal impact. However, the agreement includes a 10% fee increase for Corcoran effective July 1, 2025, to sustain shelter operations.

February 13, 2025 Pg. 33
1 of 2
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 4. D

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 SIGN AND
EXECUTE ADDENDUM NO. 5 TO
AGREEMENT NO. 1010 BETWEEN THE

CITY OF AVENAL AND THE CITY OF

CORCORAN FOR ANIMAL CONTROL
SHELTER SERVICES.

COUNCIL RESOLUTION 2025-_15_
WHEREAS, the City of Avenal entered into an Agreement with the City of Corcoran to provide Animal Control Shelter Services in 2011 by Resolution No. 2011-55 and renewed by Addendum in 2019 by Resolution No. 2019-38, and Resolution No. 2021-39 Amendment #5; and WHEREAS, said Agreement and Addendum were for one (1) year terms; and WHEREAS, the City of Avenal and City of Corcoran desire to continue the Agreement for an additional one (1) year term from July 1, 2025 -June 30, 2026 with a 10% fee increase.

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 13, 2021, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ,
City Clerk

CITY OF AVENAL
February 13, 2025 Pg. 34
1 of 2

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 4. D
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Hereby:

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 City Manager to sign and execute said agreement with the changes outlined in MOU Amendment #6 (Attached)

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 13, 2025 Pg. 35
February 13, 2025 Pg. 36
February 13, 2025 Pg. 37
February 13, 2025 Pg. 38
February 13, 2025 Pg. 39
February 13, 2025 Pg. 40
February 13, 2025 Pg. 41
February 13, 2025 Pg. 42
February 13, 2025 Pg. 43
February 13, 2025 Pg. 44
February 13, 2025 Pg. 45
February 13, 2025 Pg. 46
February 13, 2025 Pg. 47
Memorandum of Understanding #6
Between
City of Corcoran
and
City of Avenal
On August 12, 2021, the City of Avenal amended its Animal Control Services Agreement with the City of Corcoran. Terms and conditions from this agreement remain in effect. This Memorandum of Understanding (MOU) further sets terms and understanding between the City of Avenal and City of Corcoran, outlining details for usage of the City of Avenal’s Animal Control Shelter (Shelter).

This two-year agreement is retroactive to July 1, 2024, through July 1, 2026.

Purpose:

The guidelines below serve to ensure the Shelter can provide quality service to the City of Corcoran while continuing to offer the same to all who rely on the Shelter. • Due to capacity limitations, the Shelter can receive a maximum of 8-10 large breed dogs and 18 small breed dogs, per month, from the City of Corcoran. In emergency situations, this may be adjusted with Avenal City Manager approval.
• Dog deliveries to the Shelter should occur no more than once per week for large breeds and no more than twice per week for small breeds. All dog deliveries should be coordinated, in advance, to ensure Avenal staff availability to accept dog deliveries.
• Sick or injured dogs must be restored to a reasonable health standard prior to being delivered to the Shelter. Avenal Animal Control personnel must concur with this evaluation. • Dogs that have bitten another animal or human must be addressed and cleared according to current California Health and Safety Code standards, prior to being delivered to the Shelter. • “Vicious” dogs must be addressed according to current California Health and Safety Code standards.

In addition, documentation supporting the justification for a dog being deemed as “vicious” must be provided to the Shelter.

In exchange for usage of the City of Avenal’s Animal Control Shelter, the City of Corcoran will continue to pay an annual fee of $55,954.80 per year. This is payable in 12 equal monthly payments of $4,662.90, due on the first day of each month.

Due to increasing costs of operating the Shelter, the City of Avenal will implement a 10% increase to the City of Corcoran for Shelter usage. This increase will become effective July 1, 2025.

Duration:

This agreement may be terminated by either party, with 30 day’s notice. This MOU shall become effective upon signature by authorized officials from the City of Corcoran and City of Avenal and will remain in effect until modified or terminated by mutual agreement.
____________________ _________________
Antony V. López Date
City Manager
City of Avenal
____________________ __________________
Greg Gatzka Date
City Manager
City of Corcoran
February 13, 2025 Pg. 48
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 4. E
TO:

FROM:

DATE:

RE:

The Honorable Mayor and City Council
Griselda Price, Director of Administrative Services & Antony V. López, City Manager February 13, 2025
Consider Adopting Amended Job Description for Public Works Director.

INFORMATION:

With the impending retirement of the current Public Works Director, Robert Williams, Staff finds this is the best time to update the Public Works Director job description to reflect current responsibilities within the City of Avenal’s organizational structure. The previous job description included responsibilities that have since been reassigned or restructured. This update does not change the salary, classification, or benefits of the position but ensures that the job description accurately reflects the Public Works Director’s scope of duties.

Key Updates to the Job Description:
• Code Enforcement Officer & Building Official: These duties were previously included in the Public Works Director’s role but have since been reassigned to other employees or consultants. • Water & Wastewater Operations: The previous job description listed the Public Works Director as responsible for managing the Water and Wastewater Plant. These responsibilities now fall under the Utilities Director, but the Public Works Director will continue to provide assistance when needed. • City Facilities Management: The Public Works Director will now be responsible for overseeing all Cityowned facilities, ensuring proper maintenance and repairs. • Collaboration with City Engineer: The Director will work closely with the City Engineer on infrastructure projects, planning, and implementation.

These revisions provide clarity for the Public Works Director’s responsibilities with the City’s current structure.

RECOMMENDATION:

Staff recommends that the City Council approve the amended job description (attached) for the Public Works Director position by Resolution 2025-16.

FISCAL IMPACT:

None.

February 13, 2025 Pg. 49

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

Approving Amended Job Description for
Employment Position – Public Works
Director - within the Avenal City Hall
RESOLUTION 2025-_16__
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, the Public Works Director position previously included responsibilities such as Code Enforcement Officer, Building Official, and full oversight of the Water and Wastewater Plant, which have since been redistributed to other employees or consultants; and
WHEREAS, the Public Works Director’s responsibilities now include full management of City facilities and increased coordination with the City Engineer for infrastructure projects; and
WHEREAS, the City Council finds it necessary and advisable to update the Public Works Director job description to reflect these changes without modifying salary, classification, or benefits; and
WHEREAS, it is the intent of the City Council to approve the amended Public Works job description and classifications thereof attached as Attachment A.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON February 13, 2025, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
February 13, 2025 Pg. 50

Page 2 of 2 ends

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

1. Found that the foregoing recitals are true and correct;

2. Found that amending the Public Works Director job description is necessary, convenient and/or advisable to carry out the necessary work of City Hall;

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

4. 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 13, 2025 Pg. 51
City of Avenal
919 Skyline Blvd.

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

PUBLIC WORKS DIRECTOR
(Management Position)
Salary: S8 – Exempt Position
Reports To: City Manager
General Responsibilities:

The Public Works Director is responsible for overseeing the operations of the Public Works Department, which includes streets, parks, buildings, maintenance of city infrastructure, and assisting in the maintenance of water and sewer facilities. This position ensures compliance with applicable state and federal laws and assists in enforcing building safety regulations. The Director will provide leadership in developing department policies, managing personnel, and ensuring efficient public service delivery.

This is an executive management position that functions under the direction of the City Manager and performs related duties as required. The Director will be responsible for managing staff and organizing crews as needed to efficiently carry out the various responsibilities required to maintain city operations. Additionally, the Director will work closely with the City Engineer to plan and coordinate complex projects, develop bid documents, and implement strategic infrastructure improvements.

Key Responsibilities:
• Assumes full management responsibility for all Public Works Department programs, services, and activities, including infrastructure maintenance, repair, and public works operations.
• Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the department; establishes, within City policy, appropriate budget, service, and staffing levels.
• Prepare and manage the department’s budget and administrative policies. • Train, supervise, and evaluate public works employees. • Oversee maintenance and repair of city infrastructure, including streets, parks, water, sewer facilities, and water distribution and sewer collection systems. • Respond to public requests and emergency calls, keeping the City Manager informed of significant incidents.
• Monitor the servicing, maintenance, and repair of city equipment and facilities. • Conduct field inspections for public works projects and ensure compliance with building safety regulations.
• Conducts studies and assessments to identify areas for improvement and recommends policy modifications as needed.
• Reviews and approves plans, specifications, and cost accounting documents for public works projects.
• Work with community stakeholders and the City Council to develop and execute longterm public works strategies.

February 13, 2025 Pg. 69
City of Avenal
919 Skyline Blvd.

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

Knowledge of:
• Public works administration, operations, and regulations. • Maintenance and operation of heavy equipment such as dozers, graders, loaders, and dump trucks.
• Street reconstruction, water distribution and sewer collection systems, and concrete construction techniques.
• City and mandated safety rules, regulations and protocols. • Public relations and customer service best practices. • Principles of project management, budgeting, and employee supervision.

Skills & Abilities:
• Strong leadership and decision-making skills.
• Ability to establish and maintain effective working relationships. • Understands the inner workings and interrelationships of the organization. • Excellent problem-solving and analytical abilities.
• Effective communication, both written and oral.
• Ability to develop and manage complex projects.

Experience:
• Minimum of seven years of progressively responsible experience in public works, construction, engineering, or municipal operations.
• Demonstrated experience in infrastructure maintenance, underground construction, and managing public works teams.
• Administrative or technical experience in public works management.

Licenses and Certifications:
• Valid California Driver’s License with a satisfactory driving record. • A Class “A” license is desirable.
• Additional certifications such as a Contractor’s License, ACI Certification, or Qualified Applicator’s License in pesticides are a plus.

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.

February 13, 2025 Pg. 70
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 6. – A1
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: February 7, 2025
RE: Public Works Monthly Report January 2025
INFORMATION:
7300 CODE ENFORCEMENT:

The Code Enforcement Department continues to work on property abatements and graffiti. Illegal Venders have not slowed down. Lupe works flex hours to address the problems. He is also working on other projects as needed.

SEE ATTACHED REPORTS.
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. The new Kids Pocket Park is progressing well.

Staff installed poles for shade and installed the backflow preventer for the landscape irrigation.

9000 ANIMAL CONTROL DEPARTMENT:

Staff continues to maintain the Animal Shelter. There were 19 spay/neuter animals for the shelter and 7 for the public. We also had 33 dogs rescued and 6 redeemed, thank the citizens that came in and got their dogs back.

SEE ATTACHED REPORTS.
13000 STREETS:

Staff maintains city streets, signs, flags, and banners. Staff continues patching Plymouth and city streets as needed. Staff will be working with our City Engineer on new street projects. 14100 WATER DISTRIBUTION:

Staff continues to repair and maintain the distribution system within the City. January was a quiet month as we had no main transmission line leaks.
15000 WASTEWATER COLLECTIONS:

Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. We only had one (1) call for sewer plug in January. 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. The roofing projects for the Vets Hall and Ken Brown Safety Center are near completion, there is one area on the front of the Vets Hall that will be done when the weather is warmer.

February 13, 2025 Pg. 52
Monthly Report
January 2025
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 13
Courtesy Verbal Abetments 18
Courtesy Door Hangers 29
Abetments Completed 38
Pending 05
Miscellaneous Complaints
Illegal Business/Expired License 00
Stop Work/No Permit 00
Illegal Occupancy 01
Illegal Venders 06
Complaints Received 02
*Phone 01
*Walk In 00
Miscellaneous Inspections 32
Miscellaneous Meetings 03
Recycling Control 01
Graffiti Control 05
Water Waste Control (verbal and/or citations) 01
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 01
Notes: Staffed hoped for illegal vendors to slow down but they are still coming in on evenings and weekends. Still flexing to try and catch them. Still some graffiti going on but still not as bad as few months before.

February 13, 2025 Pg. 53
January 2025
Animal Control Summary
Spay/Neuter
Public – 7 dogs/Cats
Trap and Release (TNR) 4
Shelter Dog/Cats – 19
For the Month of January has been a good month for the shelter, we managed to rescue about 33 animals and redeemed 6.

This month we have noticed more dogs out than before, with some of those are breeds we don’t see here very often. Prime locations of where we were able to capture being sports complex, the hills north of Avenal and the airport area.

Redeems were up this month as well. Thank you all that came to get your pets back.

Kings Veterinary Services in Lemoore has been scheduling Spay/Neuter for our residents within a week after the request form has been submitted.

We are patrolling more and more every day, we are addressing problem areas and are working hard to make our neighborhoods safe.

Info: Spay/Neuter request forms are in City Hall and the Animal Shelter. The grant covers Spay/Neuter and rabies vaccination.

This month Valley Oak SPCA Located in Visalia put on a vaccination clinic with a good turn out of 150 residents. Residents were able to receive Microchips, DAPP-v vaccine free while supplies lasted. Residents had the opportunity to purchase rabies vaccination, Bordetella, and Leptospirosis Vaccine for dogs. For cats Flea and tic tropical drops, HPC, Rabies and Felv.

The Shelter Number 559-386-1112 is no longer in service. To contact the shelter, you dial 559-633-3115
Or 559-401-5163.

February 13, 2025 Pg. 54
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. 6- A.2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, Information Technology Director DATE: February 10th, 2025
RE: Information Technology Monthly Report January 2025
CURRENT PROJECTS:

Internet: City Staff meet with Cal.net over the draft proposal, fleshing out details and prepare for a potential final draft. They provided referrals of agencies in the Central Valley who actively use their service. Staff plans to set time to visit these locations for testimony.

Phone System: A clerical error on City side prevented the porting process. This has been rectified but is delayed due to unforeseen emergencies from our Verizon account representative. Police POTS phones are currently active.

Emails:
-No updates. Shared inboxes are to be converted along with the website redesign.

Services:
-Staff performs regular security maintenance and document reporting.

Other:
-IT Manager and Deputy City Clerk draft policies and guidelines for social media usage and City design language.
-Staff work to create an informational pamphlet for new residents, visitors, and potential investors.
-MAVP continues working on the Elliot Park sign, with the Hydril road sign now functional.

Final frame is on schedule for construction. Staff will establish internal guidelines to work within the provided agreements for KCBH and RSUSD for sign access. -Printer installation was largely hassle free. An oversight on city staff required a makeshift solution for police fax needs until the new fax card arrived for the printer. -Assisting with City/County Coordinating Meeting and Loteria Night -Replacing the 70v amplifier in the Council Chambers.
-Website redesign established, official launch slated for end of July. -Staff continues to work with Crossroads Software for debugging. Staff is now operating under live CHP environment.
-Continues to maintain the city website and provide tech support across all facilities.

February 13, 2025 Pg. 55
Memo
To: Honorable Mayor and City Council Members
From: Sheila J. Verdugo, Community Activities Supervisor cc: Antony V. Lopez, City Manager
Date: February 13th, 2025
Re: Community Activities Staff Report
Past event/s:

Dine-In Movie and Loteria – February 11th
5:00 – 6:30 Loteria in Meeting rooms – Served Nachos and punch – Cost $10.00 7:00 – 9:00 pm Movie – Showing Couples Retreat – Tri-Tip Sandwich and Popcorn Meal served with movie ticket – Cost $20.00 (included Loteria) Upcoming:

Amazing Fitness Challenge - arch 12th – 3:00 – 5:00 pm @ Bill Wooley Pocket Park Staff is working on sending invites for vendors and seeking sponsorship. The Fire Department will be BBQ'ing hotdogs.

Easter – April 12th—11:00 – 2:00 pm—Rice Park. Once the sponsorship letter is approved, staff will begin seeking sponsors. Staff will also begin working with AHS Volunteers to cover the event. We will also seek church buy-in to help with additional activities.

KCAO Tax Services – February 15th – April 15th – Every Saturday in Vet’s Hall.

Consulate: Anna is waiting for confirmation from Christian to see if Avenal is on their annual calendar.

February 13, 2025 Pg. 56
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. B-1

6. B
Special
Presentations/Reports:

Waste Connections
Quarterly Report:

George Anderson,
Site Manager
February 13, 2025 Pg. 57
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. B-2

6. B
Special
Presentations/Reports:

MidValley Quarterly Report:

Thomas Hamon,
Recycle Program Manager
February 13, 2025 Pg. 58

THE CITY OF AVENAL
February 13, 2025 Pg. 59

OVERVIEW

SITE ASSESSMENTS

RECYCLING AUDITS

EDUCATION
EVENTS

CALRECYCLE UPDATE

TONNAGE REPORT
February 13, 2025 Pg. 60

SITE ASSESSMENTS
Service Type
Commercial 65
Multifamily 20
Residential 190
Total 275
• Implementation
• Compliance
• Education
• Illegal Dumping
• Bulky Items
February 13, 2025 Pg. 61

RECYCLING AUDITS
Service Type
Residential 229
Commercial 11
Total 240
February 13, 2025 Pg. 62

EDUCATION
February 13, 2025 Pg. 63
EVENTS

OPERATION GOBBLE GOBBLE
February 13, 2025 Pg. 64

CALRECYCLE UPDATE
February 13, 2025 Pg. 65

YTD TONNAGE REPORT
REFUSE 1720.46 Tons
RECYCLE 271.30 Tons
ORGANICS 89.12 Tons
TOTAL DIVERSION 17%
REFUSE 2114.44 Tons
RECYCLE 395.03 Tons
ORGANICS 738.15 Tons
TOTAL DIVERSION 35%
Commercial Residential
February 13, 2025 Pg. 66

THANK YOU
February 13, 2025 Pg. 67
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. B-3

6. B
Special
Presentations/Reports:

Pacific Gas & Electric
Utility Updates:

Nathan Alonso,
Local Government Affairs
February 13, 2025 Pg. 68
At PG&E, we are working hard to stabilize customer energy bills, without compromising safety.

Based on current information, residential average yearly bills will increase less in 2025 than they did in 2024. Residential electric bills were approximately $11 less (4.3% lower) for non-CARE customers on January 1, 2025, compared to January 1, 2024, assuming similar usage.

January 2025
Pacific Gas and Electric Company
Working To Stabilize Customer Bills
What Are We Doing?
2025 Energy Rates/Bills
How Can State Policymakers & Regulators Help?
Reducing operating and capital
costs by $750 million in 2024.

Securing Department of Energy
(DOE) grants and lower-cost loans
to fund more work at a lower cost.

Undergrounding powerlines where
it makes sense to permanently
reduce wildfire risk and eliminate
annual tree trimming costs on
those lines.

Consolidating rate changes
to limit customers impacts.

Ensuring customers are on
the rate plan best suited for
their usage as the right plan
to lower bills.

Helping customers consider our
budget billing option to stabilize
monthly bills.

PG&E residential customers are forecast
to see prices decrease through 2026,
compared to 2024.
¹https://www.publicadvocates.cpuc.ca.gov/-/media/cal-advocates-website/files/pressroom/reports-and-analyses/240822-public-advocates-office-2024-nem-cost-shift-factsheet.pdf (source: The Public Advocates Office Q3 2024 Electric
Rates Report)
Did You Know? Adding additional electric
load (new connections, data centers, electric
vehicles) can spread fixed costs across more
customers, helping to lower rates in the
longer-term.

Did You Know? Prolonged regulatory outcomes can have unintended impacts on energy rates. Prolonged recovery of funds that have already been invested can affect a utility’s credit rating, making it more expensive to borrow money to finance necessary work for customers. Additionally, playing catch-up on rate changes can lead to “rate shock” for customers.

Approving vegetation management securitization
application would spread cost recovery over multiple
years instead of customer paying all costs up front,
lowering bills in 2025 and 2026.

Removing the cost of the state’s Public Purpose
Programs from customer bills would reduce typical
residential electric bills by about 6%
Support policy changes to address the $8.5 billion cost shift¹ from Net Energy Metering program. Currently,
customers without rooftop solar pay 15% a month
more on average to subsidize solar customers’ grid
maintenance costs.

Continued progress to implement a fixed charge that
separates fixed infrastructure costs from electricity
unit costs will lower the unit cost of electricity for all customers.
2025
March September
2026
2020 WMCE collection
comes off the bill in
March 2025.
2021 WMCE (nonvegetation management)
collection comes off the
bill in September 2025.
$1.15 billion in 2023
costs for our General
Rate Case supporting
electric and gas safety,
reliability and clean
energy work comes off
the bill in 2026.

CCC-012024-7108. 01/13/2025.

What Do Energy Prices Pay For? Key Regulatory Proceedings The cost of generating and
purchasing energy to serve our
customers’ homes and businesses.

The cost to operate, maintain
and improve our gas and electric
systems which deliver energy to
customers, including protecting
against wildfire risk and increasing
electric capacity to meet growing
energy demand.

The cost to respond to
emergencies and weather events
to make repairs and restore power.

The cost of state policy programs
including energy efficiency and
low-income discounts.

Every penny our customers pay for energy service must be reviewed and authorized by our regulators, the California Public Utilities Commission (CPUC) and the Federal Energy Regulatory Commission (FERC).

Did You Know? The vast majority of
PG&E’s earnings are reinvested back into
the company to make improvements for
customers and have been for years.

The CPUC sets rates through a thorough and transparent
regulatory process, which includes opportunities for the public to attend hearings and/or provide comment.

Every four years, the CPUC approves prices for
planned costs through our General Rate Case.

To recover other costs, including those that are hard
to plan for, PG&E must submit individual applications
throughout the year (these price changes are
temporary and prices decrease when they expire).

PG&E CPUC Process PG&E
Application
is submitted
Public
hearings
and
comment
PG&E’s
proposal
may be
modified
Rate
change
goes into
effect
Proposed
decision
issued by
Administrative
Law Judge(s)
Final decision
approved
by CPUC
Commissioners
What’s Ahead?
Energy Price Changes (some are forecasts)
We are working to reduce the number of rate changes throughout the year. Today we are forecasting fewer rate changes in 2025 than customers experienced in 2024. While the rate changes depend on what is approved by our regulators, there are known decreases which will help offset any pending rate requests.

Key Filings
The 2027 General Rate Case is expected to be filed with the CPUC in Spring of 2025. This application will not impact energy prices in 2025 or 2026.

Pacific Gas and Electric Company
Capacity and New-Service Connections
July 2024
We are increasing capacity and making it easier to connect new customers while supporting California’s affordable housing, economic and clean energy goals.

We've implemented new solutions by:
• Exploring new technologies to manage constraints
• Redirecting customers to available capacity where possible • Accessing federal grants and other funding sources for capacity and resilience projects • Combining capacity upgrades with grid solutions to address multiple needs How We’re Increasing Capacity
We're investing more than ever:
~$1.3 BILLION in capacity upgrades (2015 - 2023)
~$15 BILLION in capacity and
asset health in the next decade plus
10-YEAR plan addresses 90% of capacity needs
through infrastructure, remaining through demandside load management and distributed energy resources like electric vehicles
How We’re Connecting New Services
We’re implementing new solutions by:
• Dedicating a full-time team to streamline the
applications process
• Reducing project design times from six months
to one month
• Increasing the rate of energizations by 8%
• Collaborating with the California Building Industry
Association (CBIA) to improve processes that meet
needs of developers and benefit all customers
~97,000 annual applications
for service
We’re meeting the growing need of
Working with the
State and Regulators
As we’re increasing capacity and working on new-service connections, we are working with the state and regulators for their support on:
“PG&E” refers to Pacific Gas and Electric Company, a subsidiary of PG&E Corporation. ©2024 Pacific Gas and Electric Company. All rights reserved. CCC-0623-6541. 07/14/2024.

Making RateCase Decisions
Asking for timely decisions for
predictable cost recovery and
stable cost of capital.

Securitizing
Costs
Lowering the cost of wildfire
mitigation projects and
customers rate charges over
time with better financing.

Funding to
Meet Goals
Speeding up the capacity
workload to meet the state’s
bold affordable housing,
economic development and
decarbonization goals.

Engaging
Stakeholders
Meeting with investors and
rating agencies to reduce
financing cost to improve
customer affordability.

Background
● On May 9, 2024, the California Public Utilities Commission (CPUC) approved the structure for a monthly fixed charge.
● 5he fixed charge Xill help achieve the California "ssembly #ill 20 ("#20) goal of loXering bills for loXincome customers, on average.
● P(& customers Xonht see the fixed charge on their bills until 202. 5IFGJYFdcIargFXJMMdFcrFaTFFMFcUrJcCJMMTGorMoXFrJncoNFrFTJdFnUJaMcuTUoNFrT
JNQroWFCJMMUranTQarFncZandQrFdJcUaCJMJUZandadWancFcMFanFnFrgZgoaMT Pacific (as and &lectric Company
'JYFd$IargF
January 2025
iP(&w refers to Pacific (as and &lectric Company, a subsidiary of P(& Corporation. ª202 Pacific (as and &lectric Company. "ll rights reserved.

CCC04202449. 0202.
5he CPUCs final decision Xill reduce the perLiloXatt cost of electricity for all customers by BbPVU aQFrk8I
Current
#ill 4tructure
'ixed Charge
4eparate charges for greater transparency
-oXer
&lectricity
Usage Charge
BILL
'ixed
*nfrastructure
Charge ( tiers)

More details about the three tiers on the next page
)oXXJMMUIJTcIangFcuTUoNFrCJMMT
5he fixed charge Xill cover a portion of system maintenance, upgrade costs, and public purpose programs. 3emoving these costs from the perLiloXatthour rate for electricity Xill loXer the rates for loXincome customers, on average, and maLe it more affordable for customers to electrify their homes and cars.

BILL
*nfrastructure and &lectricity Costs in
a Combined Usage Charge
X X X
For questions, please contact your local representative or email [email protected].

Whats neYt for customers?
1GE customers Xonht see the fiYed charge on their bills until , at the earliest.

We are committed to keeping customers informed and educated throughout this process. 1 Participants qualify by meeting income guidelines or enrolling in certain public assistance programs. .onthly fiYed infrastructure charge tiers
What does this mean for customers?
This change will provide bill relief for lower-income customers and those most impacted by extreme weather, and will provide a cheaper transition to cleaner cars and homes.

A fixed charge helps residential
customers transition to clean
electricity by lowering their kWh
cost as they switch from fossil
fuels to electricity.

Tier
$ustomers enrolled in the $alifornia Alternate 3ates for &nergy $A3&
program will pay the lowest discounted
fixed amount.
_month
Tier
$ustomers enrolled in the 'amily &lectric 3ate Assistance '&3A
program or who live in affordable housing restricted
to residents with incomes at or below of Area .edian *ncome will pay a discounted fixed amount.
_month
Tier All other customers. _month

Traditional Fossil Energy Household vs. Decarbonized Electric Household 919 Skyline Blvd.

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

TO: The Honorable Mayor and City Council
FROM: Javier Andrade, Contract City Engineer
DATE: February 13, 2024
RE: Award Contract to Yanez Construction and Kings County Air Conditioning Inc. for the Community and Recreational Sports Building Project INFORMATION: The City of Avenal received a combination of funding from the Community Development Block Grant of 3.5 million and 2 million from the State Allocation Budget.

A total of (3) bids were collected proposals from Yanez Construction, Kings County Air Conditioning, and Cosco Fire Protection Inc. for the Community Recreational Sports Building Project. The following schedules will be awarded to the lowest responsive bidder:

Yanez Construction
Schedule 1 – Reinforced Concrete $358,350.00
Schedule 2 – General Construction Work $1,454,503.00
Schedule 3 – Plumbing & Drain Pipeline Work $293,910.00 Schedule 5 – Electrical Equipment & Controls Work $1,278,048.00 Schedule 6 – Wet Fire Sprinkler System Work $164,000.00 Total: $3,548,811.00
Kings County Air Conditioning Inc.

Schedule 4 – Heating and Cooling Work - $1,504,407.00
Total: $1,504,407.00
The Community and Recreational Sports Building Project – Phase 2 Cooling Center consists of providing reinforced concrete, structural steel and wood members 2’’ x 4’’ and 2’’ x 6’’ framed wood walls, plywood, sheetrock, hollow metal doors, rollup doors, plumbing, and drain piping, heating and cooling equipment, electrical panels, equipment and conduit solar parking lot lights, multi-zone speakers with amplifiers, cameras, wireless access point and microphone system, wet fire sprinkler system, chain link fencing access roadway and miscellaneous appurtenances.

RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. 2025-____ to award the contract to Yanez Construction for Schedules 1,2,3,5, and 6 and Kings County Air Conditioning for Schedule 4 for the Community and Recreational Sports Building Project and authorize the City Manager to execute the agreement on behalf of the City.

FISCAL IMPACT:

The total fiscal impact will be $5,053,218.00 plus an additional 5% for contingency, all to be paid for by the 5.5 million in state and federal grants previously allocated. “Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
February 13, 2025 Pg. 71

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

THE CITY COUNCIL OF THE CITY OF

AVENAL AWARDING THE

COMMUNITY AND RECREATIONAL

SPORTS BUILDING PROJECT TO
YANEZ CONSTRUCTION.

RESOLUTION 2025-___
WHEREAS, the City of Avenal received a combination of funding from the Community Development Block Grant of 3.5 million and 2 Million from the State Allocation Budget; and WHEREAS, the City of Avenal Opened bids January 30, 2025 at 2:00 PM for the Community and Recreational Sports Building Project - Phase 2; and WHEREAS, the City received bids from (3) Bidders for the Community and Recreational Sports Building Project; and
WHEREAS, Yanez Construction was the lowest apparent bidder for Schedule 1 – Reinforced Concrete $358,350.00. Schedule 2 – General Construction Work $1,454,503.00.

Schedule 3 – Plumbing & Drain Pipeline Work $293,910.00. Schedule 5 – Electrical Equipment & Controls Work $1,278,048.00. Schedule 6 – Wet Fire Sprinkler System Work $164,000.00 with a total amount of $3,548,811.00
WHEREAS, Kings County Air Conditioning was the lowest responsive bidder for Schedule 4 – Heating & Cooling Work in the amount of $1,504,407.00 WHEREAS, there will be a 5% contingency of the project in the amount of $ 252,660.90.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Avenal does hereby authorize the City Manager to execute and enter into an Agreement Yanez Construction for Schedules 1,2,3,5, and 6 and Kings County Air Conditioning for Schedule 4 for the Community and Recreational Sports Building Project – Phase 2.

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 13, 2025, BY THE FOLLOWING VOTE:

February 13, 2025 Pg. 72
AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL

1. Found that the foregoing recitals are true and correct.

2. 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
February 13, 2025 Pg. 73
February 13, 2025 Pg. 74
February 13, 2025 Pg. 75
February 13, 2025 Pg. 76
February 13, 2025 Pg. 77
February 13, 2025 Pg. 78
February 13, 2025 Pg. 79
February 13, 2025 Pg. 80
February 13, 2025 Pg. 81
February 13, 2025 Pg. 82
February 13, 2025 Pg. 83
February 13, 2025 Pg. 84
February 13, 2025 Pg. 85
February 13, 2025 Pg. 86
February 13, 2025 Pg. 87
February 13, 2025 Pg. 88
February 13, 2025 Pg. 89
February 13, 2025 Pg. 90
February 13, 2025 Pg. 91
February 13, 2025 Pg. 92
Kings County Air Conditioning, Inc.

Section 3 Project Implementation Plan
FORM 1 – SECTION3 ASSESSMENT AND CERTIFICATIONS
This form is required for ALL projects and must be submitted with bid or application for funding. Instructions to complete this form are included at the end of the form.

Project Information
Coŵŵunity Ănd ZĞcrĞĂtionĂů ^Ɖorts uiůding WroũĞctͲWŚĂsĞ Ϯ Cooůing CĞntĞr ϭϮϳϴ ,ydriů Zd. AǀĞnĂů, CA ϵϯϮϬϰ
Developer/Contactor Information:

Name of Firm: Address:

Authorized Representative: KĞǀin DĂtŚis Title:

Phone: Email:

1. Check all that apply to your business:

Your business is at least 51% owned and controlled by low- or very low-income persons

Over 75% of the labor hours performed for your business over the past three-month period were performed by Section 3 workers

Your business is at least 51% owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing

None of the above

2. Will you be hiring new employees or providing new training opportunities because of this contract? Yes
No

3. Will you be using subcontractors to complete this project? Yes
No

4. Is your bid/contract amount greater than $200,000?
Yes
No
The Section 3 threshold is triggered if total HUD program funding assistance to the project exceeds $200,000 and the project meets the definition of a Section 3 covered project. A project is determined to be a Section 3 covered project on the basis of total HUD assistance to the project rather than a contract award basis. There may be more than one contract awarded to a project, and there may be more than one project on a contract.

If response to item 4 above is YES, Section 3 requirements will be enforced on this project. Failure to comply may result in the suspension of funding. Please complete the certifications below and submit FORMS 1-4 with your bid or application for funding.

If NO, and the total amount of HUD financial assistance to the project does not exceed $200,000, Section 3 participation is strongly encouraged but not required. Please attempt to meet the Section 3 goals to the greatest extent feasible. You must still complete the certifications below as applicable and return FORMS 1 and 2 with your bid or application for funding.

Kings County Air Conditioning, Inc. 14670 Hanford-Armona Rd. Hanford CA 93230 Vice President
(559)584-4383 [email protected]
Kings County Air Condtitioning, Inc.

Section 3 Project Implementation Plan
FORM 1 - SECTION 3 ASSESSMENT AND

CERTIFICATIONS
Certifications YES NO N/A
All Projects:

By completing and signing this form, I agree to comply with all applicable requirements of the Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 75) I understand that I must complete and submit FORMS 1 and 2 and submit them with my bid I understand that the Section 3 threshold requirements apply regardless of my bid amount, if the total project amount includes over $200,000 in HUD assistance.

Projects over
$200K:

I have included/will include the Section 3 Clause (FORM 5) in all subcontracts for which Section 3 compliance is required.

I understand that I am required to submit quarterly and final Section 3 reports (FORM 6), associated forms as applicable (FORMS 2, 3 and 4) and supporting documentation.

I agree that my company has made and will continue to make efforts “to the greatest extent feasible” to comply with Section 3 as required by HUD.

I understand the minimum numerical goals for Section 3 participation, and I have completed FORMS 1 through 4 and attached them to my bid.

I declare that all statements contained in this form and any accompanying documents are true and correct, and made with full knowledge that all statements given are subject to investigation and that any false or dishonest answer to any question may be grounds for denial or revocation of funding or other penalties as prescribed under 18 U.S. Code § 1001.

Authorized Representative Signature Date
x
x
x
x
x
1/31/2025
February 13, 2025 Pg. 94
Kings County Air Conditioning, Inc.

Section 3 Project Implementation Plan
Instructions are provided below to assist with completing Form 1 - Section 3 Assessment and Certifications.

Requirement: This form is required for ALL construction related projects and must be submitted with bid or application for funding.

Definitions
YouthBuild: Community-based apprenticeship program administered by the U.S. Department of Labor that provides job training and educational opportunities for at-risk youth ages 16-24 who have previously dropped out of high school.

Section 3 projects are housing rehabilitation, housing construction, and other public construction projects assisted under U.S. Housing and Urban Development (HUD) programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds $200,000 of housing and community development financial assistance. HUD allocates CDBG-DR and CDBG-MIT funds to HCD.

Per 24 CFR 75.3(a)(2)(i), the project is defined as the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.

Project definition applicability for HCD Programs:
 Owner Occupied Rehabilitation and Reconstruction Program (OOR): Each home to be rehabilitated or reconstructed is the separate project site.  Multifamily Housing Program (MHP): The site or scattered sites under common ownership, management, and financing.
 Infrastructure Projects: The site or sites together within the jurisdiction of a general unit of local government that are under common ownership, management, and financing.

Project Information
Project Name
 Provide the name of the project if applicable and/or indicate the nature of the construction.  HCD programs that include construction activities examples are below:
o Owner Occupied Rehab (OOR)
o Multifamily Housing Program (MHP)
o Workforce Development (Only applicable if construction of public facilities is included.) Project Location or Address(es)
 Provide the location or addresses for the site of construction. For example, an OOR subcontractor will identify the addresses for homes being reconstructed for the OOR program. You may attach a list of project addresses to this form.

February 13, 2025 Pg. 95
Kings County Air Conditioning, Inc.

Section 3 Project Implementation Plan
Contractor Information
 Complete this section in its entirety to provide response to general contractor information:
o Name of Firm
o Address
o Authorized Representative: Point of contact for Section 3 compliance. o Title: Title for Section 3 POC
o Phone
o Email
Questions 1-4

1. Determine if your Business meets the criteria of a Section 3 Business Concern. Please check all that apply to your business for any criteria that can documented within the last six-month period.

Check none of the above if your business does not meet any of the criteria for a Section 3 Business Concern.
 Your business is at least 51 percent owned and controlled by low- or very low-income persons.
 Over 75 percent of the labor hours performed for your business over the past three-month period were performed by Section 3 workers (see definition below).  Your business is at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

2. Will you be hiring new employees or providing new training opportunities because of this contract? Yes/No
 Potential employees will be documented on Form 3 – List of Permanent Employees. This form is submitted with the bid packet.

3. Will you be using subcontractors to complete this project? Yes/No  If your firm will utilize subcontractors, it is encouraged to directly solicit Section 3 Business Concerns (see criteria above for Section 3 Business Concerns).  Subcontractor information will be documented on Form 2 – Subcontractor Information

4. Is your bid/contract amount greater than $200,000?
A contract amount less than $200,000 does not necessarily mean that Section 3 requirements are not triggered. The basis for Section 3 compliance is determined on a project basis rather than a contract basis.

Certifications
Developer or Contractor agrees to the following certifications:
 By completing and signing this form, I agree to comply with all applicable requirements of the Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 75).  I understand that I must complete and submit Forms 1 and 2 and submit them with my bid, regardless of my bid amount. I understand that the Section 3 threshold requirements for apply February 13, 2025 Pg. 96
Kings County Air Conditioning, Inc.

Section 3 Project Implementation Plan
regardless of my bid amount, if the total amount for a construction project includes over $200,000 in HUD assistance.
 I have included/will include the Section 3 Clause (Form 5) in all subcontracts for which Section 3 compliance is required.
 I understand that I am required to submit quarterly and final Section 3 reports (Form 6), associated forms as applicable (Forms 2, 3, and 4) and supporting documentation.  I agree that my company has made and will continue to make efforts “to the greatest extent feasible” to comply with Section 3 as required by HUD.
 I understand the minimum numerical goals for Section 3 participation, and I have completed Forms 1-4 and attached them to by bid.

February 13, 2025 Pg. 97
Kings County Air Conditioning, Inc.

Section 3 Project Implementation
FORM 2 – SUBCONTRACTOR INFORMATION
This form is required for ALL projects (regardless of whether Section 3 is triggered) and must be submitted with a bid or application for funding. If a construction project is assisted with over $200,000 in HUD funds this form must be updated and re-submitted at the time of contract execution and again with the final Section 3 compliance report or with final draw request if Section 3 reports are not required to be submitted for the project. Instructions to complete this form are included at the end of the form.

Project Name Contract Execution Date Construction Start Date Today’s Date Community and Recreational Sports
Center Project-Phase 2 Cooling Center
22
Check the box that applies and complete the table if applicable:

This project WILL NOT utilize subcontractors.

This project MAY utilize the following subcontractors:

No. Sect3
Bus. Subcontractor Name Subcontractor Address and Phone Number Trade Subcontract Amount
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
Air Controů ^ĞrǀicĞs ϱϭϱ
ϭϵtŚ ^t.
ĂŬĞrsĨiĞůd, CA ϵϯϯϬϱ
Air ĂůĂncĞ Ψϴ,ϴϰϲ Eo
February 13, 2025 Pg. 98
Instructions for completing Form 2 – Subcontractor Information Requirement:

This form is required for ALL projects (regardless of whether Section 3 is triggered) and must be submitted with bid or application for funding. If financial assistance for the project exceeds $200,000 in HUD funds, this form must be updated and re-submitted at the time of contract execution and again with the final Section 3 compliance report or with the final draw request if Section 3 reports are not required to be submitted on this project.

Section 3 will only apply on a per-project basis rather than per contracted program activity.

Purpose:

A complete list of all firms, known at this time, who will subcontract on the project. This form must be updated when additional subcontractors are added to the project. This form also identifies if a subcontractor is a Section 3 Business. If a subcontractor is a verified Section 3 Business, the labor hours for all workers employed by the business can be counted as Section 3 worker labor hours. These hours will be reported on Form 6 – Project Compliance Report.

Project and Contract Information
Project Name
 Provide the name of the project if applicable and/or indicate the nature of the construction.  HCD programs that include construction activities:
o Owner Occupied Housing Rehabilitation and Reconstruction Program (OOR) o Multifamily Housing Program (MHP)
Infrastructure Program
o Workforce Development (Only applicable if construction of public facilities is included.) Subcontractor Table
If you checked the box stating that this project may utilize subcontractors, please list all subcontractors known at this time.

Indicate in the second column if the subcontractor meets the criteria of a Section 3 Business Concern.

Section 3 Business Concerns are businesses that meet at least one of the following criteria, documented within the last six-month period:
 At least 51 percent owned and controlled by low-or very low-income persons;  Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers (see definition below); or  A business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

February 13, 2025 Pg. 99
A worker can qualify as Section 3 if they meet one of the following criteria:
 Are employed by a Section 3 business concern;
 Are a HUD YouthBuild participant; or
 Their income for the previous or annualized calendar year is below 80% of the current area median income for the area in which the worker resides. (Use the worker’s annual gross income based on AMI for a single-person household.)
Note: YouthBuild is a community-based pre-apprenticeship program administered by the U.S.

Department of Labor that provides job training and educational opportunities for at-risk youth ages 16- 24 who have previously dropped out of high school.

February 13, 2025 Pg. 100
Kings County Air Conditioning, Inc.

Section 3 Project Implementation
FORM 3 – LIST OF PERMANENT EMPLOYEES
This form is required for all Section 3-triggered projects (over $200,000) and must be submitted with bid or application for funding and again with the final Section 3 compliance report. Instructions to complete this form are provided at the end of the form.

Project Name Contract Execution Date Construction Start Date Today’s Date Community and Recreational
Sports Building Project-Phase 2
Cooling Center
TBD TBD 1/31/2025
Please list all current permanent employees (both full and part-time) employed by your company (or local/ regional office) as of the signature date on FORM 1, as well as employees of all subcontractors working on this project. Use additional sheets as necessary. A computer-generated employee registry can be provided in lieu of this form if it includes the worker’s name, employer and job category and indicates Section 3/targeted Section 3 status.

No. Name of Worker Employer Job Category/Trade Section 3 Worker (Y/N) Targeted Section 3 Worker (Y/N)
1 Identifying by worker
name or worker
identification number
is appropriate.

Indicate if the worker
is employed by
general/prime
contractor or identify
applicable
subcontractor.

See determination
criteria in the form
instructions.

See determination
criteria in the
instructions.
2 3
4 5
6 7
8 9
10 11
12 13
14 Kevin Mathis Kings County Air Conditioning Sheet Metal Journeyman N N Eric Jones Kings County Air Conditioning N N
Mark Mathis Kings County Air Conditioning President N N Rhaiza Soriano Kings County Air Conditioning Office Admin N N Kohlman Goff Kings County Air Conditioning Sheet Metal Journeyman Sheet Metal Journeyman
N N
Jose Radilla Kings County Air Conditioning Sheet Metal Journeyman Y Matthew McDonald Kings County Air Conditioning Sheet Metal Journeyman Y N
N
Brandon Clark Kings County Air Conditioning Sheet Metal Journeyman N N Donnie Coverdell Kings County Air Conditioning Sheet Metal Journeyman N N Dustin Lind Kings County Air Conditioning Sheet Metal Journeyman N N David Garcia Kings County Air Conditioning Sheet Metal Journeyman N N William Dillon Kings County Air Conditioning Sheet Metal Apprentice Y N Scott Bakker Kings County Air Conditioning Sheet Metal Apprentice Y N February 13, 2025 Pg. 101
Kings County Air Conditioning, Inc.

Project Name Contract Execution Date Construction Start Date Today’s Date Identify the project name as
applicable and/or the nature of
the construction.

Enter contract execution
date for general/prime
contract.

Enter start of construction
date for general/prime
contract.

Enter date as relevant.

Please list all current permanent employees (both full and part-time) employed by your company (or local/ regional office) as of the signature date on FORM 1, as well as employees of all subcontractors working on this project. Use additional sheets as necessary. A computer-generated employee registry can be provided in lieu of this form if it includes the worker’s name, employer and job category and indicates Section 3/targeted Section 3 status.

No. Name of Worker Employer Job Category/Trade Section 3 Worker (Y/N) Targeted Section 3 Worker (Y/N)
1 Identifying by worker
name or worker
identification number
is appropriate.

Indicate if the worker
is employed by
general/prime
contractor or identify
applicable
subcontractor.

See determination
criteria in the form
instructions.

See determination
criteria in the
instructions.
2 Guadalupe
Hernandez Air Control Services
Plumber/
Refrigeration
Pipefitter
No No
3 Jacob Hernandez Air Control Services
Plumber/
Refrigeration
Pipefitter
No No
4 Victor Banales Air Control Services
Plumber/
Refrigeration
Pipefitter
No No
5 Angelo Graciliano Air Control Services
Plumber/
Refrigeration
Pipefitter
No No
6 7
8 9
10 February 13, 2025 Pg. 102
Please note that your business may be eligible for Section 3 Business certification if at least 75% of your labor hours performed on all contracts over the past three-month period were performed by employees who meet one of the following categories below:
 The worker lives within one mile of the Section 3 project (or, if fewer than 5,000 people live within one mile of the Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census);  The worker is a HUD YouthBuild participant; or
 The worker's income for the previous or annualized calendar year is below 80% of the current area median income for the area in which the worker resides. (Use the worker’s annual gross income based on AMI for a single-person household.) HUD income limits can be found at https://www.huduser.gov/portal/datasets/il.html.)
Instructions for completing Form 3 - List of Permanent Employees Requirement:

This form is required for all Section 3-triggered projects (over $200,000) and must be submitted with bid or application for funding and resubmitted with the final Section 3 compliance report.

The Section 3 threshold is based on the amount of HUD financial assistance to the project rather than a contract threshold amount.

Purpose:

This form may serve useful to employers in tracking Section 3 workers, however other documentation should be maintained to certify Section 3 workers and Section 3 businesses.

Contractors are required, to the greatest extent feasible, to achieve the benchmarks required for the number of labor hours performed by both Section 3 workers (25 percent of total labor hours) and Targeted Section 3 workers (5 percent of total labor hours).
 25 percent or more of all labor hours performed on the project must be worked by Section 3 workers = Section 3 labor hours divided by number of total labor hours.

AND
Five percent or more of all labor hours must be worked by Targeted Section 3 workers = Targeted Section 3 labor hours divided by number of labor hours.

Project Information Section:

Project Name: Identify the project by name if applicable and/or indicate the nature of the construction.

Contract Execution Date: Identify contract date applicable to general contract.

Construction Start Date: Identify start of construction applicable to general contract.

Today’s Date
Employee Table:
 Please list all current permanent employees (both full and part-time) employed by your company as of the signature date on Form 1 – Assessment and Certifications, as well as employees of all subcontractors working on this project. Use additional sheets as necessary.  A computer-generated employee registry can be provided in lieu of this form if it includes the worker’s name, employer and job category and indicates Section 3/targeted Section 3 status.

February 13, 2025 Pg. 103
 It is appropriate to include separate employee lists per subcontractor as long as the employer (subcontractor) is identified on the list.

Section 3 Worker: Y/N
Refer to Form 8 – Worker Outreach Form to determine if worker is a Section 3 worker, the worker outreach form explains how a worker is determined to be a Section 3 worker and completed by the worker noting their income level. Note that a worker may also be counted as a Section 3 worker if employed by a Section 3 business (Refer to Form 7 – Business Outreach Form for guidance on a Section 3 Business).  A worker qualifies as Section 3 if they meet one of the following criteria:
o Are employed by a Section 3 Business Concern
o Are a HUD YouthBuild participant; or
o Their individual income for the previous or annualized calendar year is below 80 percent of the current area median income for the area in which the worker resides. (Use the worker’s annual gross income based on AMI for a single-person household.)
 The HUD income limits for California’s counties and metro areas can be found at State and Federal Income, Rent, and Loan/Value Limits | California Department of Housing and Community Development in the section titled: CDBG, HOME and NHTF/HHC Article I - Income, Value, Subsidy, and Rent Limits.
 Contact the HCD Section 3 Coordinator or the local jurisdiction awarded the HUD CDBG-DR or CDBG-MIT funds to ensure that you are accessing the most current HUD income limits.  The most current HUD income limits are included by appendix to this Section 3 forms packet.

Targeted Section 3 Worker: Y/N
Refer to Form 8 – Worker Outreach Form to determine if worker is a Targeted Section 3 worker, the worker outreach form explains how a worker is determined to be a Targeted Section 3 worker and completed by the worker noting their income level. Note that a worker may also be counted as a Targeted Section 3 worker if employed by a Section 3 business (Refer to Form 7 – Business Outreach Form for guidance on a Section 3 business).
 A worker qualifies as a Targeted Section 3 if they meet one of the following criteria:
o Are employed by a Section 3 business concern.
o Are a HUD YouthBuild participant (see note below); or o Reside within a circle entered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census). Contact the HCD Section 3 Coordinator or the local jurisdiction (Subrecipient) awarded the HUD CDBG-DR or CDBG-MIT funds to ensure that you are calculating the area for the area correctly. HUD Mapping Tool to determine service area.

Note: YouthBuild is a community-based pre-apprenticeship program administered by the U.S. Department of Labor that provides job training and educational opportunities for at-risk youth ages 16-24 who have previously dropped out of high school.

February 13, 2025 Pg. 104
Kings County Air Conditioning, Inc.

Section 3 Project Implementation Plan
FORM 4– DOCUMENTATIONOF QUALITATIVE EFFORTS
This form is required for all Section 3-triggered projects (over $200,000) and must be submitted with bid or application for funding, as well as with all quarterly or final compliance reports that indicate numeric goals were not met. Please fill out this form completely. Attach additional pages if needed. Instructions to complete this form are included at the end of the form.

Instructions for Section 3 Coordinator: Review efforts undertaken by the contractor prior to contract execution to bring on subcontractors certifying as Section 3 Businesses. This provides a baseline to track efforts to ensure successful reporting of Section 3 benchmarks. Review qualitative efforts performed on quarterly basis and report within the DRGR QPR. Review final compliance report to summarize qualitative efforts for final QPR in DRGR.

Project Name Contract Execution Date Construction Start Date Today’s Date

Attach supporting documentation such as:
 Copies of all publications, notices, pictures of posted notices, and other outreach materials.  List of all Section 3 workers that responded to your outreach efforts (e.g., submitted job applications, phone logs, etc.); were any of them hired? If not, please explain why.

2. Describe all efforts made to notify Section 3 businesses of any subcontracting opportunities generated by HUD financial assistance for this project, to the greatest extent feasible. Attach additional pages if needed.

Attach supporting documentation such as:
 Section 3 Business List used in solicitation. Must have been provided by [Grantee or Subrecipient Name] prior to solicitation and should be no more than 30 days old at the time of solicitation.  List of Section 3 business included in solicitation and documentation of efforts (emails, letters, phone, logs, etc.).
 List of Section 3 businesses that responded to your solicitation and/or outreach efforts; were any of them hired? If not, please explain why.
 Copies of all publications, notices, pictures of posted notices, and any other outreach material utilized.

Community and Recreational Sports Center Project
Phase 2 Cooling Center 1/31/2025
All work will be performed by Kings County Air Conditioning, Inc. employees, including currently employed section 3 workers, other than the Air Balance Subcontractor. The specifications for this project limit the acceptable Air Balance contractors to 6 companies listed by name. Unfortunately none of the companies listed as acceptable are section 3 businesses. Fortunately the subcontractor that we are using will be a very small percentage of the total hours of the job, allowing us to reach section 3 employee benchmarks with already employed staff. We will also encourage our subcontractor to employ section 3 and targeted section 3 workers should they need to add workers to their staff for this project
Kings County Air Conditioning, Inc. has a number of section 3 workers on staff, which will be adequate to perform the contracted work, while reaching the benchmarks for Section 3 workers. We will also be reaching out to Fresno Economic Opportunities Commission's Valley Apprenticeship Connections and are planning on bringing on YouthBuild VAC graduates to meet the Targeted Section 3 benchmark.

February 13, 2025 Pg. 105
Kings County Air Conditioning, Inc.

Section 3 Project Implementation Plan
FORM 4 – DOCUMENTATION OF QUALITATIVE EFFORTS (CONTINUED)

3. Describe all additional qualitative efforts made to comply with Section 3 requirements. See below for examples. Attach all applicable supporting documentation.

4. If there are employment opportunities associated with your project, include a draft of the proposed signage.

Section 3 signage should be posted at the construction site. Signage must be large enough to be visible from the street. The sign must (a) identify the name of the project, (b) state the project is a HUD Section 3 Project, and (c) include the name, phone number and email address of an appropriate point of contact regarding employment opportunities.

Examples of Qualitative Efforts
 Engage in outreach efforts to generate job applicants who are Targeted Section 3 workers  Provide training or apprenticeship opportunities
 Provide technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching)  Assist or connect Section 3 workers with drafting resumes, preparing for interviews, and finding job opportunities
 Hold one or more job fairs
 Provide or refer Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare)  Provide assistance to apply for or attend community college, a four-year educational institution, or vocational/technical training
 Help Section 3 workers to obtain financial literacy training and/or coaching  Engage in outreach efforts to identify and secure bids from Section 3 business concerns  Provide technical assistance to help Section 3 business concerns understand and bid on contracts  Divide contracts into smaller jobs to facilitate participation by Section 3 business concerns  Provide bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns  Promote use of business registries designed to create opportunities for disadvantaged and small businesses  Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act
 Other:

Among the current employees that qualify as section 3 workers, two are enrolled in an apprenticeship program under ACTA- Air Conditioning Training Association, which is a California Department of Apprenticeship Standards approved apprenticeship program. Our company President is a supporter of these programs and volunteers his time to sit on the board of directors of training trust for this organi]ation.

In addition, we also look to hire and provide on the job training to section 3 workers and have been successful in doing so with current employees.

While we expect that our current workforce will be adequate to perform the work on this project, once mobilized on the job site, we intend to provide signage at the construction site in an effort to meet and interview targeted section 3 workers and also reach out to Valley Apprenticeship connections who works to place YouthBuild enrolled and trained apprentices in positions.

February 13, 2025 Pg. 106
Kings County Air Conditioning, Inc.

Section 3 Project Implementation Plan
Instructions for completing Form 4 – Qualitative Efforts Requirement:

This form is required for all Section 3-triggered projects (over $200,000 provided by HUD financial assistance) and must be submitted with a bid or application for funding. Attach additional pages if needed. The numeric goals for achieving the HUD established benchmark for Section 3 are as follows:
 Section 3 Worker hours = 25 percent of the total of all labor hours performed on the project.  Targeted Section 3 Workers hours = 5 percent of all labor hours performed on the project.

Contractors and Developers with direct agreements with HCD will submit this form as backup documentation in Grants Network with the required Activity Report. Contractors contracted with HCD’s subrecipient, a local government jurisdiction, will submit required forms to the jurisdiction.

General Project and Contract Information
Project Name: Provide the name of the project if applicable and/or indicate the nature of the construction.

Contract Execution Date: Enter the contract execution date for the general/prime contract.

Construction Start Date: Enter the start of construction for the general/prime contract.

Today’s Date: Enter relevant date.

1. Describe all efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, to Section 3 workers. Attach additional pages if needed. a. A Section 3 Worker is defined in 24 CFR Part 75.5 as:
 Any worker who currently fits or when hired within the past five years fits at least one of the following categories, as documented:
o The worker’s income for the previous or annualized calendar year is below the income limit established by HUD.
o The worker is employed by a Section 3 Business Concern, or o The worker is a YouthBuild participant.

Note: Targeted Section 3 workers are Section 3 workers meeting the criteria to verify a Section 3 worker or reside in a one-mile radius of the service area or neighborhood of the project.
b. Attach supporting documentation such as:

Copies of all publications, notices, picture of posted notices, and other outreach materials that were used for targeted outreach to provide employment and other economic opportunities to Section 3 workers and Section 3 Business Concerns.
 All completed Section 3 Worker Outreach forms (Form 8) document outreach efforts.

Section 3 Project Implementation Plan
additional pages if needed.
a. A Section 3 Business Concern is defined as:
 A Business Concern meeting at least one of the following criteria, documented within the last six-month period:
o It is at least 51 percent owned and controlled by low-or very low-income persons;
o Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers (see criteria above for Section 3 worker); or
o It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.
b. Attach all supporting documentation such as:
 Section 3 Business List used solicitation (Request assistance from this list from (insert Grantee or Subrecipient).
 Documentation of all efforts (emails, letters, phone logs, etc.)  List of Section 3 businesses that responded to your solicitation and/or outreach efforts; identify all Section 3 Businesses that were contracted, if you did not contract with them, please explain why.
 Business Outreach forms (Form 7) completed by the potential subcontractor serve as documentation for these outreach efforts.

3. Describe all additional qualitative efforts made to comply with Section 3 requirements. Attach all applicable supporting documentation. Refer to the examples of qualitative efforts listed on the form below:
 Engage in outreach efforts to generate job applicants who are Targeted Section 3 workers
 Provide training or apprenticeship opportunities
 Provide technical assistance to help Section 3 workers compete for jobs (for example, resume assistance, coaching)
 Assist or connect Section 3 workers with drafting resumes, preparing for interviews, and finding job opportunities
 Hold one or more job fairs
 Provide or refer Section 3 workers to services supporting work readiness and retention (for example, work readiness activities, interview clothing, test fees, transportation, childcare)
 Provide assistance to apply for or attend community college, a four-year education institution, or vocational/technical training.
 Help Section 3 workers to obtain financial literacy training and/or coaching.  Engage in outreach efforts to identify and secure bids from Section 3 Business Concerns.
 Provide bonding assistance, guaranties, or other efforts to support viable bids from Section 3 Business Concerns.
 Promote use of business registries designed to create opportunities for disadvantaged February 13, 2025 Pg. 108
Kings County Air Conditioning, Inc.

Section 3 Project Implementation Plan
and small businesses
 Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act

4. If there are employment opportunities associated with your project, include a draft of the proposed signage.
a. Section 3 signage should be posted at the construction site. The signage must be large enough to be visible from the street. The sign must:
 Identify the name of the project
 State the project is a HUD Section 3 Project, and
 Include the name, phone number, and email address of an appropriate point of contract regarding employment opportunities.

February 13, 2025 Pg. 109
Phone 559‐584‐4383 fax 559‐584‐4385
KINGS COUNTY AIR CONDITIONING, INC.

License No. 828256
14670 Hanford-Armona Rd
Hanford, Ca 93230
E-Mail: [email protected]
DIR Registration no. 1000000300
Employment Opportunities Available
Community and Recreational Sports Center Project-Phase 2 Cooling Center This is a HUD section 3 Project Interested parties please contact: Kevin Mathis Phone- (559) 584-4383 Email- [email protected] February 13, 2025 Pg. 110 Kings County Air Conditioning, Inc.

Section 3 Project Implementation Plan
FORM 5 – SECTION 3 CONTRACT CLAUSE
All Section 3 covered contracts and subcontracts must include the following clause:

I. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC.1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance, or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

II. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.

III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.

V. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75.

VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

VII. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.

Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 9 February 13, 2025 Pg. 111

City Council/Successor Agency/Public Finance AuthorityFebruary 13, 2025

City Council/Successor Agency/Public Finance Authority
February 13, 2025