City Council/Successor Agency/Public Finance Authority
March 10, 2022

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
MARCH 10, 2022; 5:15 P.M.

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

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

Study Session: None
LAST ORDINANCE: 2021-03 CITY LAST RESOLUTION: 2022-15
(SA) LAST RESOLUTION: 2021-04 PFA LAST RESOLUTION: 2021-05 AGENDA

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:

2. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez; Mayor Alvaro Preciado.

CITY CLERK:

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

3. CLOSED SESSION: (City/Successor Agency):

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

A. Pending Litigation (Government Code § 54956.9).

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

Significant exposure to litigation (Government Code § 54956.9(d)(2)).

Number of potential cases is: 3.

4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES:

Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person.

5. CONSENT CALENDAR:

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

A. Consider City of Avenal/Successor Agency’s Approval of Minutesfor February 24, 2022.

B. Waive Second Reading & Adoption: Ordinance 2022-01: Amending Portions of the Personnel System in Article 2 of Chapter 4 of Title 2, Pertaining to Adoption and Amendment of Rules and Appointments.

C. Consider Expenditure of Funds to Repair Lift Pump No. 1 at Water Treatment Plant No. 2 D. Consider FY 2022/23 Local Transportation Fund Claim (LTF): Resolution 2022-16

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

A. Discussion of Zoning Ordinance 9.10.6 D, regarding poultry (chickens) in R-1 Zone: Code Enforcement/City Manager (Information/Discussion).

March 10, 2022 Pg. 1

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS:

A. Activity Reports:

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

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

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

B. Special Presentations/Reports:
1) None.

8. PUBLIC HEARING(s):

A. None

9. OLD BUSINESS:

A. Consider Extending Local Emergency Declared on March 24, 2020: (Discussion/Action).

B. Consider Extending Local Emergency Declared on May 27, 2021: (Discussion/Action).

10. NEW BUSINESS:

A. Report on Assembly Bill 481, APD Captain, (Interim) Kevin Carr: (Informational).

11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.

12. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204.

Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.

I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on March 7, 2022.
/s/ Maria Ortiz
Maria Ortiz, City Clerk
March 10, 2022 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA SUCESORA/PFA 10 DE MARZO DE 2022; 5:15 p.M.

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

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

Sesión de estudio: Ninguna
ÚLTIMA ORDENANZA: 2021-03 CIUDAD ÚLTIMA RESOLUCIÓN: 2022-15 (SA) ÚLTIMA RESOLUCIÓN: 2021-04 PFA ÚLTIMA RESOLUCIÓN: 2021-05 AGENDA

1. LLAMADA AL ORDEN Y JURAMENTO DE LEALTAD:

2. PASE DE LISTA: Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde Interino Alejandro Ramírez; Alcalde Álvaro Preciado.

SECRETARIO DE LA CIUDAD:

Sección 54952.3 del Código de Gobierno: Los miembros del Concejo Municipal / Agencia Sucesora tienen derecho a recibir un total de $ 300.00 por mes debido a ser elegidos para el Concejo Municipal. No reciben ninguna otra compensación por sentarse como miembros de la Agencia Sucesora.

3. SESIÓN CERRADA: (Ciudad/Agencia Sucesora):

Es la intención de este órgano rector reunirse en sesión privada 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 privada.

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

Conferencia con asesor legal – LITIGIO ANTICIPADO (Código de Gobierno § 54956.9(d)).

Exposición significativa a litigios (Código de Gobierno § 54956.9 (d) (2)).

El número de casos potenciales es: 3.

4. COMENTARIOS PÚBLICOS / ANUNCIOS Y APARICIONES NO PROGRAMADAS:

Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre cualquier punto en la agenda o sobre cualquier otro tema de interés para el público que esté dentro de la jurisdicción de la materia 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.

5. CALENDARIO DE CONSENTIMIENTO:

Todos los elementos enumerados en el calendario de consentimiento son rutinarios y se promulgan mediante una moción: (Acción).

A. Considere la aprobación de las actas de la Ciudad de Avenal / Agencia Sucesora para el 24 de febrero de 2022.

B. Renuncia a la segunda lectura y adopción: Ordenanza 2022-01: Modificación de partes del sistema de personal en el Artículo 2 del Capítulo 4 del Título 2, relativo a la adopción y enmienda de reglas y nombramientos.

C. Considere el gasto de fondos para reparar la bomba elevadora No. 1 en la planta de tratamiento de agua No. 2
D. Considere el reclamo del Fondo de Transporte Local (LTF) del año fiscal 2022/23:

Resolución 2022-16

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

A. Discusión de la Ordenanza de Zonificación 9.10.6 D, con respecto a las aves de corral (pollos) en la Zona R-1:

Aplicación del Código / Administrador de la Ciudad (Información / Discusión).

March 10, 2022 Pg. 3

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

A. Informes de actividad:

1. Informe de actividades de los Departamentos de Obras Públicas/Aplicación del Código/Control de Animales: Rob Williams, Director de Obras Públicas.

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

3. Informe de Actividades Comunitarias: Anna Lara Nieto, Líder Senior de Recreación.

B. Presentaciones/Informes Especiales:
1) Ninguno.

8. AUDIENCIA(S) PÚBLICA(S):

A. Ninguno

9. NEGOCIO ANTIGUO:

A. Considere extender la emergencia local declarada el 24 de marzo de 2020: (Discusión / Acción).

B. Considere extender la emergencia local declarada el 27 de mayo de 2021: (Discusión / Acción).

10. NUEVOS NEGOCIOS:

A. Informe sobre el Proyecto de Ley de la Asamblea 481, Capitán de APD, (Interino) Kevin Carr: (Informativo).

11. CORRESPONDENCIA/ANUNCIOS/COMENTARIOS FINALES:
• Próximos/Futuros puntos del orden del día a considerar. • Correspondencia/Anuncios/Información/Comentarios finales.

12. APLAZAMIENTO:
1) De conformidad con la Ley de Estadounidenses con Discapacidad, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. La notificación 48 horas antes de la reunión permitirá a la ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión [28 CFR 35.02.35.1044 AA Título II]. 2) Los materiales relacionados con un punto de esta Agenda presentados al [Consejo / Autoridad] después de la distribución del paquete de la agenda están disponibles para inspección pública en la oficina [De los Secretarios de la Ciudad] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal.

Certifico que este taller de la Agenda del Concejo Municipal de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 7 de marzo de 2022. /s/ María Ortiz
María Ortiz, Secretaria municipal
March 10, 2022 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
THURSDAY, FEBRUARY 24, 2022; 5:15 P.M.

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

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

MINUTES
CALL TO ORDER: at 5:21 p.m.

PELAGE OF ALLEGIANCE: by Mayor Preciado.

ROLL CALL: Councilman Louis Gravelle; Councilman Ricardo Verdugo; MayorPro Tem Alejandro Ramirez Mayor Alvaro Preciado, attended via zoom, Councilman Pablo Hernandez ABSENT: None.

STAFF: Lopez, Ortiz, Bermudez, Yang, Carr, Davis.

LEGAL COUNSEL: Moses Diaz.

CITY CLERK:

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

Agency.

Mayor Preciado opened public time to comment on Closed Session items and no public comment were offered. The City Council went into Close Session at 5:23 p.m.

CLOSED SESSION: (City/Successor Agency):

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

A. Pending Litigation (Government Code § 54956.9).

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

Significant exposure to litigation (Government Code § 54956.9(d)(2)).Number of potential cases is: 2.

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

It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designatedrepresentatives:

Designated representatives: APOA.

Also, noted was Antony Lopez, City Manager was excused form Close Session and joined when meeting was re-opened.

Mayor Preciado re-opened the City Council meeting at 6:57 p.m. with nothing to report out of Closed Session.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES:

Ted Woelk, Chaplain for Avenal Police Department, stated that want to thank the City Council for the work they do and for hearing him out this evening. It's been his privilege to be a Chaplain at the Avenal Police Department for a few years and his role as Chaplain is to give encouragement to officers and staff which make us just simply dropping by saying “hello”. Also, counseling once in awhile for the community whatever is necessary and including if there's a case of unfortunate death or child in endangerment. He and his wife are involved and are extremely thankful to be a small part of that team. He knows the job of law enforcement at the best of times is extremely difficult and stressful. He thinks that very few of us has ever experienced the tension of working a job whose role is literally the dividing line between the rule of law and anarchy and are willing to put their lives at risk for the public safety and security of sometimes apathetic and at times downright resentful public. These past years have been particularly stressful for a Police Department because of COVID protocols forcing officers to do overtime. Also, the negative coverage of law enforcement in new social media March 10, 2022 Pg. 5
Joint City Council/Successor Agency/PFA Meeting - February 24, 2022.

which he cannot overstate is devastating blow to the morale of police officers everywhere. His thankful for Chief Stivers and Avenal Police Department who performed adamantly well in Avenal in this difficult time.

He continues that he has complete confidence in our Police to keep his family safe since the Avenal Police Department started twelve years ago. His raised a family here in your thankful for This is to keep us safe by hiring qualify for the job but desire to pursue excellence in their chosen field of law enforcement he remembers back when a Chief Amoroso “considers law enforcement being calling not just the career officers are family not just coworkers” that being said. He knows this you get what you pay for, and we've trained lots of excellent officers, but unfortunately, they have advanced their careers elsewhere. He understands there's budget restraints, but again number one role Government is keeping its citizens safe at any cost. Also, the accountability from the Avenal Police Department he thinks it's fair that in the same way that the City demonstrate accountability of the handling of internal affairs regarding hiring promoting with the departments this needs to be done with absolute honesty and transparency or else it's unfair to everybody involved. He has to say regarding Consent Calendar Item C. in the goal post after the game was started looks bad and he fear it will invite suspicion lead to mistrust and damage the morale of the department. He thanked the Council for what they do and appreciates their consideration.

CONSENT CALENDAR:

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

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for February 10, 2022.

B. Consideration to Approve Resolution Which Authorizes Police Chief to Sign a Memorandumof Understanding (M.O.U.) with Flock Group, Inc. for Data Sharing: Resolution 2022-12.

D. Consider a Resolution of the City Council of the City of Avenal Adopting/Approving Amendment #1 to Memorandum of Understanding (MOU) 2021-2024 with the Avenal PoliceOfficer’s Association (APOA):

Resolution 2022-13.

The City Council was in consensus to move item C after Consent Calendar to discuss.

A motion was made by Councilman/Successor Agency Member Mayor Pro Tem Ramirez to approve Consent Calendar as presented, seconded by Councilman Verdugo, and carried.

RESOLUTION 2022-12: AUTHORIZING THE CHIEF OF POLICE TO SIGN MEMORANDUM OF UNDERSTANDING WITH FLOCK GROUP INC. A motion made by Mayor Pro Tem Ramirez, Seconded by Councilman Verdugo, and carried.

RESOLUTION 2022-13: Adopting/Approving Amendment #1 to Memorandum of Understanding (MOU) 2021- 2024 with the Avenal Police Officer’s Association (APOA). A motion made by Mayor Pro Tem Ramirez, seconded by Councilman Verdugo, and carried.

Roll Call Vote:

AYES: Ramirez, Verdugo, Gravelle, Hernandez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

C. Consider Approving Amended Job Description for Employment Position - Police Captain -within the Avenal Police Department: Resolution 2022-14.

Antony Lopez, City Manager reported that Police Department -with the recent announcement of Chief Stiver’s pending retirement, scheduled for April 4, 2022, the Police Department currently does not have an Assistant Chief who can assume the responsibilities of Acting Chief of Police in the interim while the search for a new Chief of Police is conducted. Staff has noted that the current jobs market for high level and experienced administrators for local governments is very competitive – added theCity’s location in the Central Valley where most qualified applicants are from out of the area and would have tomove closer and expect a high comparative salary, may mean the Chief position will be vacant for a few months. If a new Chief is not selected and appointed by the time of Chief Stiver’s retirement date, Councildirected Staff to prepare potential contingencies. Thus, on January 20, 2022, per Resolution 2022-06, the City created two new employment positions within the Avenal Police Department and adopted a job description and classification for two Police Captains. Given the size and complex needs of the Police Department, Staff recommended the creation of two Captain positions who could equally handle separate duties and assist the Chief in running the day-to-day operations of the Department. In the Chief’s absence, both Captains would share the duties of Acting Chief of Police. This structure would provide for more accountability and ensure coverage for this important City service.

March 10, 2022 Pg. 6
Joint City Council/Successor Agency/PFA Meeting - February 24, 2022.

He continues that due to the tight turnaround and immediate need to fill both Captain positions, the decision was made to promptly open the positions for an internal recruitment so that successful candidates could be promptly appointed, on an interim basis only, until a new Chief is selected who would ultimately consider permanent appointment to the Captain positions. Unfortunately, due to staff oversight in the expedited process of preparingit for Council consideration, the previously adopted Police Captain job description inadvertently omitted some intended flexibility in qualifying criteria often necessary or useful in considering appointments made on an interim or acting basis.

Staff recommends approving attached resolution includes an amended Police Captain job description which includes appropriate language regarding interim or acting appointments. This clarification is necessary to plan for immediate and future vacancies where an appointment(s) is necessary on an interim basis.

After a brief, discussion the following Action was taken.

RESOLUTION 2022-14: Approving Amended Job Description for Employment Position - Police Captain - within the Avenal Police Department. A motion made by Councilman Verdugo, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: Gravelle.

ABSENT: None.

ABSTAIN: None.

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

A. Consider Approving Regular City Council/Successor Agency/PFA Meetings Schedule for Calendar Years 2022 & 2023:

Ms. Ortiz reported that In the past, the City Council has been in favor of adopting a yearly schedule for its Regular Meetings. This makes it transparent for our community and public. Staff has attached Exhibit A to consider Regular City Council/Successor Agency/PFA Meetings for 2022 & 2023. Staff recommends approving Regular City Council/Successor Agency/PFA Meetings for calendar 2022 & 2023. Note: **Special meetings can be scheduled and noticed as needed. Humberto Bermudez, IT Manager discussed process to connect with residents
Staff recommends by motion, approve Regular City Council/Successor Agency/PFA Meetings for calendar years 2022 & 2023, and direct Staff to notice the meeting schedule.

A motion was made by Councilman Gravelle to approve Regular City Council/Successor Agency/PFA Meetings for calendar years 2022 & 2023, seconded by Councilman Verdugo, and carried.

Roll Call Vote:

AYES: Gravelle, Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

B. Reintroducing “Chat with Council” Regular Q&A Sessions:

Ms. Ortiz reported that “Chat with Council” was a regular Q&A-formatted meeting that was held from 2016 to March 1st, 2018. Two members of the Avenal City Council would be present at the Avenal Scout House on the 1st Thursday of each month from 6:30PM to 8:30PM. These unofficial regular meetings fell out of favor due to lack of public attendance. The location was also cited as less than desirable for these sortsof meetings.

Humberto Bermudez, IT Department reported that staff proposes scheduling these Q&A sessions at 5PM for two hours on the first Wednesday of each month at City Hall. The IT Department proposes utilizing the City website’s feature to have questions asked beforehand, and then on the Chat with Council days, no more than two council members, respond to those questions, and be available both in person and virtually at City Hall to discuss the questions and any other related concerns with the community.

After a brief discussion, the City Council was in consensus to start Chat with Council in the month of April.

March 10, 2022 Pg. 7
Joint City Council/Successor Agency/PFA Meeting - February 24, 2022.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS:

A. Activity Reports:

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

Kao Nou Yang, Community &Economic Development Director reported the following: 1) Processing Zoning Land Use Applications, Land Division Applications and Current Planning; 2) Site Plan Review No. 21-09 working on Decision Letter,Home Occupation Permit No. 22-01 under review; 3) Tentative Tract Map No. 21-01 – Still waiting; 4) Long Range Planning: Zoning, Subdivision and Building Ordinance – City Staff is having the City Attorney Work withawarded consultant to come up with a workable agreement that both parties will work with; 5) Building and Zoning Permits Reorganization – still workingon rearranging the files and shifting to a more digitize process; 6) Building Division: Building and Permit Applications- implemented electronic application submission for Building Permits, Land Use and Zoning Permits and Business License. The Application Link is Located on the City Website on the Home Page under the BUTTON APPLY ONLINE. Also, have a QR code for the Online portal. If any applicant community member resident has questions, we are happy to help answer and show you how to submit online 30- electronic submissions of Building permits from January 2022 to February 2022. The Process is slow, but it seems to be working and progressing very well; 7) Dollar General – Building Permit is ready to be issued and working with consultant to startworking on Demo and construction; 8) Grants: Avenal Safe Route To School ATP Cycle 4 – working on the crosswalk project on Skyline Blvd. The City has contracted with QK; 9) Avenal Kids Park – starting the Finalized Bid Package for construction with O’Dell; 10) Prop 1 Grant (Planning Grant) 18”-Transmission Line – City Staff is working on disbursements for work already performed to close out the planning grant and start working with the Construction Grant of Prop 1 Grant; and 11) Utilities and Mortgage Assistance Program workshop with Self Help: Dates Scheduled at the Avenal Technology Center from 5:00 PM to 7:00 PM March 16, 2022, April 20, 2022, May 18,2022, June 15, 2022.

2. Police Department Activity Report: Kevin Carr,Police Captain.

Kevin Carr,Police Captain reported the following: 1) Detective Voyles and Officer Shoemake investigated a juvenile who wanted to hurt himself and juvenile was safely detained with no harm to himself or officers; 2) Officers Shortnacy come in come in can I get the keeper I'm getting up there you know you look good boarders and Jimenez investigated a burglary in which an iPad was stolen, and iPad was located; 3) verbal disturbance involving gang members in the 1100 block of Whitney St. and officers are still actively investigating the shooting; 4) Officers were dispatched to the 300 block of Solano Street for a shooting and their investing the shooting; 5) Officers were dispatched to multiple fraudulent 911 calls for shootings, mass gang fights and injured persons throughout the month.

A single male subject was responsible for these calls. The male subject does this when he is under the influence of methamphetamine and was arrested multiple times for being under the influence of methamphetamine and false 911 calls; 6) Detectives conducted a probation search in response to the shootings and located a gang memberin possession of ammunition and AR-15 magazine in the City of Coalinga. The subject was arrested for being a felon in possession of ammunition.

B. Special Presentations/Reports:
1) None.

PUBLIC HEARING(s):

A. None.

OLD BUSINESS:

A. Consider Extending Local Emergency Declared on March 24, 2020:

Mr. Lopez reported that the On March 24, 2020, the Avenal City Council adopted Resolution No. 2020-14 declaring a Local Emergency due to the existence or threatened existence of a local emergency: COVID 19 pandemic. The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists.

On October 28, 2021, the Avenal City Council adopted Resolution No. 2021-48 to satisfy AB 361 to continue Teleconferenced Meetings. AB 361 provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules • The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

Staff is recommending the City Council consider the following action by motion:

Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by March 10, 2022 Pg. 8
Joint City Council/Successor Agency/PFA Meeting - February 24, 2022.

sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled. Additionally, that the Council find that a state of emergency continues to directly impact the ability of members to meet safely in person, and that State and local officials continue to impose or recommend social distancing measures.

A motion was made by Councilman Gravelle to approve as recommended, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

B. Consider Extending Local Emergency Declared on May 27, 2021:

Mr. Lopez reported that on May 27, 2021, the Avenal City Council adopted Resolution No. 2021-23 declaring a Local Emergency due to the existence or threatened existence of a local emergency: Severe Water Shortage. The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists. Staff is recommending the City Council consider the following action by motion:

Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by thirty (30) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled.

A motion was made by Councilman Verdugo to approve as recommended, seconded by Mayor Pro Tem Ramirez, and carried.

Roll Call Vote:

AYES: Verdugo, Ramirez, Gravelle, Hernandez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

NEW BUSINESS:

A. Consider Ordinance 2022-01: Amending Portions of the Personnel System in Article 2 ofChapter 4 of Title 2, Pertaining to Adoption and Amendment of Rules and Appointments.

Antony Lopez, City Manager reported that in the past year of staffing challenges due to COVID-19 and ever-changing regulations for worker health and safety, the current staff at City Hall has often, been overwhelmed in managing the day-to-day duties of providing quality service to the residents of Avenal, while at the same time promptly fulfilling titular responsibilities or at the same time filling in duties for fellow staff members. Council has noted in the past that as the City continues to grow, staffing needs will also continueto expand and City Hall must grow accordingly. Given current challenges to efficient growth, including persistent recruiting challenges, further changes to the City’s municipal code are necessary to allow the City the flexibility to meet evolving needs and circumstances.

He continues that Attached is the first reading an ordinance to amend certain portions of the City’s Municipal Code as it relates to the appointment of temporary (interim or acting) positions. This ordinance will add language allowing for the timely hiring for vacant positions which must be immediately staffed, and flexibility when considering minimum requirements, training, and experience qualifications, which may be waived if deemed appropriate by the City Manager or designee.

Adopting these changes will allow City Staff to more quickly fill vacancies that may exists due to the changing jobs market, or likewise fill new positions which may be created in the future and would require immediate attention. In some cases, such as when a department head is absentfrom their office or is outside of the City, subordinate staff often fill-in on a short-term “acting” basis.

Therefore, this practice is not unprecedented and the update to the municipal code is merely clarifying of existing practice to some degree. To further clarify the municipal code, the ordinance includes language which defines temporary appointments as lasting no longer than six-months, with possible extension(s) only with majorityconsent or approval of the Council.

Staff recommends waive the first reading of Ordinance 2022-01 and request the item be brought back at thenext Regular Council meeting for a second reading and adoption.

March 10, 2022 Pg. 9
Joint City Council/Successor Agency/PFA Meeting - February 24, 2022.

After a brief, discussion the following action was taken.

RESOLUTION 2022-15: Adoption of Ordinance: 2022-01: Amending Portions of the Personnel System in Article 2 of Chapter 4 of Title 2, pertaining to Personnel Rules and Appointments. (First Reading). A motion made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez, and carried.

ORDINANCE 2022-01: AN ORDINANCE OF THE CITY OF AVENAL AMENDING PORTIONS OF THE PERSONNEL SYSTEM IN ARTICLE 2 OFCHAPTER 4 OF TITLE 2, PERTAINING TO ADOPTION AND AMENDMENT OF RULES AND APPOINTMENTS. (First Reading). A motion made by Mayor Pro Tem Ramirez, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Ramirez, Hernandez, Gravelle, Preciado.

NOES: Verdugo.

ABSENT: None.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Maria Ortiz, City Clerk reported 700 forms are due before April 1st.

Councilman Verdugo reported the following: 1) this an item of interest are the scooters from the City of Coalinga; 2) What can we do to Cleanup Hwy 269.

Mayor Pro Tem Ramirez reported the following: 1) Also, has an interest in the cleanup along Hwy 269.

Antony Lopez, City Manager reported: 1) Thanked all for speeding meeting; 2) The activity around City Hall as mentioned Dollar General started construction; 3) Skate Park is closed due to graffiti; 4) Sports Complex is closed due to backflow being broken and it’s been order; and 5) Staff has been working with Pat Sanchez, Superintendent RSUSD looking at maybe doing a community city school bash on April 27th. after 1-2 PM. Where employees and their families and community can come together and stop for hotdog, hamburgers, and some family fun to gather and network. Once everything is finalized with all the details, he will let Council know.

Mayor Preciado reported the following: 1) attended KCAPTA/KCAG/LAFCO; 2) also would like to know why the fee is so high for food vendors. Mr. Lopez stated that it is a Health Department fee $188.00-year and out of cities control.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 8:25 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
March 10, 2022 Pg. 10
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: March 10, 2022
RE: Waive Second Reading & Adoption: Ordinance 2022-01: Amending Portions of the Personnel System in Article 2 of Chapter 4 of Title 2, Pertaining to Adoption and Amendment of Rules and Appointments.

INFORMATION:

At the February 24, 2022, City Council introduced and waived the first reading of Ordinance 2022-01: Amending Portions of the Personnel System in Article 2 of Chapter 4 of Title 2, Pertaining to Adoption and Amendment of Rules and Appointments.

Staff is bringing this item once again for a second reading and adoption. After waiving the second reading, the ordinance will go into effect in 30 days, or April 9, 2022.

RECOMMENDATION:

By motion, waive the second reading of Ordinance 2022-01. Ordinance will go into effect in 30 days.

Staff published a summary five days before the second reading/waiver, and will publish the summary again within 15 days after enactment.

FISCAL IMPACT:

None.

March 10, 2022 Pg. 11

ORDINANCE NO. _2022-01_

AN ORDINANCE OF THE CITY OF AVENAL AMENDING
PORTIONS OF THE PERSONNEL SYSTEM IN ARTICLE 2 OF
CHAPTER 4 OF TITLE 2, PERTAINING TO ADOPTION AND
AMENDMENT OF RULES AND APPOINTMENTS.

THE CITY COUNCIL OF THE CITY OF AVENAL DOES ORDAIN AS
FOLLOWS:

Section 1. PURPOSE. The provisions of this ordinance are necessary for the efficient operation of the City of Avenal (“City”) in order to establish efficient regulations, policies and procedures for the timely hiring for vacant positions which must be immediately staffed, as well as interim and temporary appointments. This ordinance is also intended to clearly define the scope of authority for Temporary Appointments.

Section 2. AMENDMENT. Section 2-4.205 of Article 2 of Chapter 4 of Title 2 is hereby revised to read in its entirety as follows:
2-4.205 Adoption and amendment of rules.

Personnel rules shall be adopted by resolution of the City Council. The rules may establish regulations governing the personnel system, including:
(a) Preparation, installation, revision and maintenance of position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class.
(b) Appropriate announcement of the selection process and acceptance of application for employment.
(c) Preparation and conduct of tests and the establishment and use of resulting employment lists concerning names of persons eligible for appointment. (d) Certification and appointment of persons from employment lists, and the making of temporary appointments on interim or acting basis. (e) Establishment of probationary testing periods.
(f) Evaluation of employees during the probationary testing period and thereafter. (g) Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service.
(h) Separation of employees from the City service.
(i) The establishment of any necessary appeal procedures. (Ord. 89-02 § 5, 1989)
March 10, 2022 Pg. 12

Section 3. AMENDMENT. Section 2-4.206 of Article 2 of Chapter 4 of Title 2 is hereby revised to read in its entirety as follows:
2-4.206 Appointments.

Appointments to vacant position in the competitive service shall be made in accordance with the personnel rules. Appointments and promotion shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations may be used and conducted to aid the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical ability test, evaluation of daily work performance, work samples or any combination of these or other tests. The probationary period shall be considered an extension of the examination process.

Physical, medical and psychological tests may be given as a part of any examination.

In any examination the City Manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

The appointing authority of employees in the competitive service is the City Manager. The City Manager may delegate the appointing authority to any other officer of the City.

Temporary Appointments: under circumstances when it is necessary, convenient or advisable for a vacant position to be immediately staffed, a temporary (interim or acting) appointment may be made by the appointing authority. When making a temporary appointment, the minimum requirements, training and/or experience qualifications for the position, according to corresponding job description, and any competitive examination and/or criteria may be waived in writing at the discretion of the City Manager or designee.

An employment list shall be established within six (6) months for any permanent position filled by temporary appointment. The City Manager or designee, with the majority consent or approval of the city council, may extend the period for any temporary appointment to any position for not more than sixty (60) days each time an extension is made.
(Ord. 89-02 § 6, 1989)
Section 4. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment] and 15061(b)(3) [there is no possibility the activity in question may have a significant effect on the environment].

March 10, 2022 Pg. 13

Section 5. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability, or responsibility for damage to person or property upon the City of Avenal, or any official, employee, or agent thereof.

Section 6. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any lawsuit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance.

Section 7. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Avenal hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 8. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Avenal Municipal Code as amended by this ordinance are substantially the same as provisions in the Avenal Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 9. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the passage hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the March 10, 2022 Pg. 14

_Hanford Sentinel__, a newspaper printed and published in the City of Avenal, State of California, together with the names of the Council members voting for and against the same.

THE FOREGOING ORDINANCE was passed and adopted by the City Council of the City of Avenal, State of California, on _March 10, 2022_ at a regular meeting of said Council duly and regularly conveyed on said day by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ALVARO PRECIADO, Mayor

CITY OF AVENAL
ATTEST:

MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
March 10, 2022 Pg. 15
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. C
TO: The Honorable Mayor and City Council
FROM: Ronald Brumley, Utilities Supervisor
DATE: March 10, 2022
RE: Consider Expenditure of Funds to Repair Lift Pump No. 1 at Water Treatment Plant No. 2
INFORMATION:

Due to normal wear and tear, Water Treatment Plant No. 2 - Lift pump No. 1 has been sent in for inspection. The average output from pump #1 was just over 500 Gallons Per Minute compared to one of the newer pumps that has an average output of just under 700 Gallons Per Minute. A rebuild of this pump will increase the pumping capability of plant # 2 and decrease the likelihood of pump failure which could create an emergency. The rebuild will also increase the pump efficiency saving money in electricity over the life of the pump.

In the past, we have sent pumps to multiple companies for repairs. SCI has always given us the lowest price. In a situation like this where we are unsure of the exact problem, the companies must tear down the pump prior to giving us a quote. If we choose not to go with SCI, there will be a $6,332.00 charge for the disassembly of the pump and then we would have to go pick up the pump take to another company and hope that the repairs would be cheaper; however, there is no guarantee. However, I was able to get a quote from another pump repair company based on the information provided by SCI. Since I only had two repair quotes, I got a quote on a new one as well.

SCI (Parts and Labor for repair) ($6,332.00 spent on teardown) $62,835.95 plus tax and freight (minus $6,322)
Bakersfield Machine Company (Parts and Labor for repair) $80,311.76 plus freight Rain for Rent (New Pump) $148,440.00 plus tax
RECOMMENDATION:

By motion:
1) approve expenditure of $62,835.95 to SCI for parts and labor needed to repair lift pump No. 1;
2) use ARPA funds - Water/Sewer/Broadband Infrastructure Budget - in the amount not to exceed $62,835.95 of which $595,000 were previously approved for Water Treatment Projects.

FISCAL IMPACT:

ARPA Water/Sewer/Broadband Infrastructure, Water Treatment Projects budget impact of $56,503.95. $6,332.00 has already been spent for the teardown and inspection of the pump, which will go towards the subtotal price of $62,835.95 March 10, 2022 Pg. 16
March 10, 2022 Pg. 17
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March 10, 2022 Pg. 20
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. - D
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: March 10, 2022
RE: Consider FY 2022/23 Local Transportation Fund Claim (LTF) INFORMATION:

Staff has received notification from the Kings County Association of Governments informing the City of our apportionment of Local Transportation Fund(s) for FY 2021/22 in the amount of (est.) $469,725 or 8.0987% of the total share in Kings County. This is an increase of $57,592 from the 2021/2022 LTF Fund Claim of $412,133.00.

Proposed use of funds as follows:

ARTICLES:

Local Streets and Roads $ 360,139
Local Transportation Services $ 4,000
Planning $ 9,961
Public Transit - KART $ 95,625
TOTAL (est.): $ 469,725
Staff has also included a proposed 2022/23 Street Project List for your review (Attachment A).

The project list is a continuation of 7
th Street Project, while adding Merced Street and Stanislaus Street Projects. Local Transportation and Planning funds were reduced given there is still funding from the 2021/2022 claim that can also be rolled over and expended this year if needed.

As per KCAPTA, the first public hearing on our behalf was held on February 23, 2022; the second hearing will be held on March 23, 2022. Staff must submit the completed claim form with attachments and Resolution to KCAG before 5:00 p.m. on April 1, 2021.

RECOMMENDATION:

By Resolution, authorize submittal of FY 2022/23 LTF Claim.

FISCAL IMPACT:

Revenue in the amount of (est.) $360,139 for Local Streets and Roads.

March 10, 2022 Pg. 21
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. - D

ATTACHMENT A
LTF FY 2022/23
Road Maintenance & Construction Project
Reconstruction/Improvements of
North 7
th Avenue from Skyline Boulevard to San Joaquin Street
“7th Avenue Street Project”
Merced Street from San Joaquin to Second Avenue
“Merced Street Project”
Stanislaus from San Joaquin Street to Second Avenue
“Stanislaus Street Project”
in the amount of:
$360,139.00
March 10, 2022 Pg. 22
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL

AUTHORIZING A CLAIM TO BE

MADE FOR THE LOCAL

TRANSPORTATION FUNDS FOR THE
2022/23 FISCAL YEAR, FINDING NO

UNMET PUBLIC TRANSIT NEEDS

AND AUTHORIZING THE CITY

MANAGER TO MAKE AND AMEND
SUCH CLAIMS.

RESOLUTION 2022-______
WHEREAS, the County Auditor estimates that Avenal's 8.0987% share of Kings County Local Transportation Funds (LTF) will amount to $469,725.00 for FY 2022/23; and
WHEREAS, Avenal has until April 1, 2022 to file an LTF claim; and WHEREAS, Avenal is a member of the Kings County Area Public Transit Agency (KCAPTA) in which KCAPTA will be conducting public hearing(s) on our behalf for the purpose of soliciting comments on any unmet transit needs that may exist.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED, APPROVED,

AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON March 10, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
March 10, 2022 Pg. 23
2 of 2
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Hereby:

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

2. Hereby authorizes the City Manager to file the FY 2022/23 LTF claim in the amount of $360,139 and to sign the necessary documents.

3. To declare the LTF claim to be categorically exempt from environmental review since LTF money will be used to maintain existing streets.

4. Finds that there are no areas within the City with unmet public transit needs which could reasonably be met by expansion of existing transportation systems or by establishing new systems;

5. Authorize the City Manager to amend all claims as necessary.

6. Authorized the City Manager and relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
March 10, 2022 Pg. 24
March 10, 2022 Pg. 25
March 10, 2022 Pg. 26
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March 10, 2022 Pg. 28
March 10, 2022 Pg. 29
March 10, 2022 Pg. 30
March 10, 2022 Pg. 31
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. A
TO: The Honorable Mayor and City Council
FROM: Lupe Chavez, Code Enforcement; Antony V. López, City Manager DATE: March 10, 2022
RE: Discussion of Zoning Ordinance 9.10.6 D, regarding poultry (chickens) in R-1 Zone
INFORMATION:

Per the request of Council back in 2017 and most recently again in 2021, Staff was directed to research and present options on amending the Zoning Ordinance to allow backyard chickens in residential zones.

In 2017, the Planning Commission first discussed the issue per the request of Councilwoman Woolley. Staff, Code Enforcement Officer Lupe Chavez, and Associate Planner Antony V.

López, handled the research and presented ideas to the Planning Commission on August 14, 2017, where they were asked to further refine the research by discussing with Staff and collecting information from local entities in Kings County, which was presented on October 2, 2017. At both meetings, the sentiment from the Planning Commission at the time was to not make any changes to the Zoning Ordinance and to inform the Council of that vote (Planning Commission Resolution 2017-06).

Unfortunately, this item was never re-introduced to the City Council, and the Council was never formally informed of the Planning Commission’s resolution.

With recent direction from the Council, Staff is reintroducing the research from 2017, and would like to present its thoughts for how amending the Zoning Ordinance could be achieved to meet the Council and Community’s changing needs.

Ultimately, Staff believes examples for implementing such a change exists, such as in Lemoore, where if the right rules are put in place, would not cause a detriment to the Community.

Specifically: imposing a fee for owning chickens; placing a limit on the number of chickens; banning roosters; imposing standards on the coops and eligible locations with setbacks; feed in rodent proof containers; and allowing inspections by Code Enforcement at any time.

More work is needed in terms of consulting with Legal Counsel on wording the Zoning Ordinance amendment and how to implement such rules, as well as creating a fee structure.

Ideally, this work can start now and possibly implemented with the new budget and fee schedule by June of 2022.

RECOMMENDATION:

Provide direction to City Staff for continuing the research and process of the implementing an amendment to the Zoning Ordinance regarding poultry (chickens) in R-1 Zone.

March 10, 2022 Pg. 32

CITY OF AVENAL

PLANNING COMMISSION

STAFF REPORT
August 14, 2017
BACKGROUND:

An Avenal resident recently approached the City Council requesting consideration of a proposal to allow backyard chicken coops in residential zones. Currently our Zoning Ordinance expressly prohibits any poultry in Single-Family Residential (R-1) or High Density Multi-Family Residential (R-3) zones, but does allow poultry in Residential Estate (R-E) with very specific standards for structures. This request is to review the ordinance specifically pertaining to R-1 zone districts.

The City Council has subsequently directed staff to present the matter to the Planning Commission for consideration, discussion, and recommendations that may be considered by the City Council at a future meeting.

ANALYSIS OF ORDINANCE:

Section 9.10-6 D of the Avenal Zoning Ordinance states that:
“No poultry or fowl of any type if allowed in the R-1 Zone (chicken, rooster, duck, pheasant, geese, etc.)”
Staff is recommending that the Planning Commission take this request into consideration and discuss the following:

A. Current City Zoning Ordinances (Attachment A).

B. Staff Research (Attachment B)
C. Example from Chico, California (Attachment C)
RECOMMENDATION:

None at this time.

March 10, 2022 Pg. 33

9.19-1
Chapter 9.19

RESIDENTIAL DISTRICT SPECIFIC STANDARDS
Sections:

9.19.01 LAND USE DISTRICT SPECIFIC STANDARDS

9.19.01 LAND USE DISTRICT SPECIFIC STANDARDS. In addition to the general and specific design guidelines contained in each applicable Base Zone , the following standards shall apply to specific residential districts:

A. Accessory Structures
Accessory structures in residential land use districts shall be subject to the permit procedure described in 9.75.02, are subject to Ministerial Review, and shall be compatible with the materials and architecture of the main dwelling on the property. Accessory structures may only be constructed on a lot containing a primary dwelling unit. Accessory structures may be built to the interior side and rear property lines provided that such structures are not closer than ten (10) feet to any other structure. Zoning Ordinance requirements may further restrict the distance to be maintained from property lines or other structures. The accessory structure may be a maximum of 20% of the main structure footprint and comply with the requirements set forth in Table 9-4.

B. Livestock
Livestock shall be considered those typically associated with farms or agricultural land uses such as cattle, sheep, goats, horses or hogs. Livestock are allowed in zones identified in Table 9 -3. In zones where Livestock are permitted, all of the following development standards and conditions apply:

1. Breeding, raising and keeping of birds, rabbits, chinchillas, or fish for domestic use of the resident on the lot is permitted, however, there shall be no killing of animals or dressing of such animals for any purpose except within the R-E zone.

2. Keeping of cattle, sheep, goats, horses or hogs owned by the resident of the lot is permitted in the R-E Zone provided that any combination of such animals be limited to one animal per 1/2 acre. No killing or dressing of such animals shall be conducted on the lot.

3. In the R-E Zone, p ens, coops, stables and other structures housing livestock or poultry shall be at least:
5(6,'(17,$/(67$7(
5(

Attachment A (1)
March 10, 2022 Pg. 34

9.19-2
a) 100 feet from the front property line and 25 feet from side and rear property lines.
b) Corrals and other enclosures shall be no less than 30 feet from dwelling units within the same zoning district or less restrictive agricultural districts, but no less than 100 feet from division lines separating the R- E District from more restrictive zoning districts. Pastures may be located within the front yard setback for those lots with substantial front yard setbacks.

4. All fencing shall comply with the applicable Design District. Fencing within the front yard setback parallel to the street shall be of an aesthetic variety, type, material and color such as split rail fencing as approved by the Community Development Director.

5. All development which involves housing or enclosing livestock shall be reviewed by the Community Development Director for compliance with this Section and any other applicable statutes, laws and ordinances.

6. Applicant shall allow inspection of animal maintenance facilities by the City of Avenal Building Inspector, Animal Control, and by the Kings County Department of Public Health.

7. Any permit issued pursuant to this Section may be revoked or modified pursuant to section 9.75 (Permit Procedures) of this Ordinance upon receipt of a recommendation for revocation or modification from the Kings County Department of Public Health , Avenal Animal Control Officer or from the City of Avenal Building Inspector.

C. Day Care Standards
An operating license, if required, shall be obtained through the Kings County Human Services Department prior to or concurrently with obtaining a permit pursuant to this Chapter. The applicant shall comply with all State, County, and City regulations which are administered by the Human Services Department or any other agency designated by the State Department of Social Services. Day care homes for both children and/or adults shall comply with the following provisions:

1. The activity shall conform to all property development standards of the land use district in which it is located. Day Care Centers shall be located in a single family dwelling, detached from any other dwelling structure.

2. Day Care centers may be located no closer than 500 feet, in any direction, from an existing Day Care Center, measured from property line to property line except that they may be located no closer than 250 feet measured from 5(6,'(17,$/(67$7(
5(

Attachment A (2)
March 10, 2022 Pg. 35

9.10-7
C. All development in the R-1 Zone shall comply with the minimum standards set out in Chapter 9.19 (Residential District Specific Standards).

D. No poultry or fowl of any type is allowed in the R-1 Zone (chicken, rooster, duck, pheasant, geese, etc.).

E. The number of dogs per household shall be limited to three with the exception of newborns. Any number of puppies shall be allowed until they reach the age of six (6) months.
6,1*/()$0,/<5(6,'(17,$/
5

Attachment A (3)
March 10, 2022 Pg. 36

9.12-2

9.12.06 MINIMUM LOT AREA PER DWELLING UNIT. See Table 9-4.

9.12.07 YARDS AND SETBACKS. See Table 9-4.

9.12.08 HEIGHT LIMITS. See Table 9-4.

9.12.09 MINIMUM DISTANCE BETWEEN STRUCTURES. See Table 9-4.

9.12.10 PARKING. Off-street parking shall be provided in accordance with the requirements of Chapter 9.60 of this Title.

9.12.11 SIGNS. The following signs are permitted in the R- 3 Zone in accordance with Chapter 9.61 of this Ordinance:

A. Two monument signs (one per major entrance) up to six feet in height and 16 square feet per sign face.

B. One Real Estate sign up to six square feet.

9.12.12 LANDSCAPING. Landscaping shall be provided in accordance with the requirements of Chapter 9.63 of this Ordinance.

9.12.13 FENCES (INCLUDING WALLS AND HEDGES). Fencing standards in Section

9.11.13 shall apply to this zone.

9.12.14 SPECIAL REVIEW PROCEDURES AND DEVELOPMENT STANDARDS.

A. All development in the R- 3 zone shall comply with the minimum standards set out in Chapter 9.19, Residential District Specific Standards.

B. Development in the R- 3 zone shall also comply with the interpretations and provisions of Chapter 9.73 of this Ordinance.

C. Development in the R- 3 zone shall include a minimum 10 percent landscaped open space.

E. All projects shall require a Site Plan Review, pursuant to Chapter 9.75.02.

F. No poultry or fowl of any type is allowed in the R- 3 zone (chicken, rooster, duck, pheasant, etc.).

G. The number of dogs per household shall be limited t o three with the exception of newborns. Any number of puppies shall be allowed until they reach the age of six (6) months.
+,*+'(16,7<08/7,)$0,/<5(6,'(17,$/
5

Attachment A (4)
March 10, 2022 Pg. 37
Chicken Ordinance research
“Permits and fees
Same as with cats and dogs. Some towns and cities will require permits only if the number of birds exceed the amount set in the ordinance.

Number of birds permitted
Limits based on available space. Distances from property lines and lot sizes are usually taken into consideration when determining the number allowed. The most common number of birds permitted is either 3 or 4. However, in some cities the ordinances are flexible and if you wish to keep more than the stated number of birds, for example 3, you are allowed to apply for a permit to do so.

Regulation of roosters
Roosters are subject to noise ordinances in some towns and cities. Though a few towns and cities allow them, many of them don't. Some towns and cities will allow you to keep a rooster only if he is under 4 months of age. Since one of the main reasons people keep chickens is for eggs, it is generally accepted to only allow hens.

Enclosure Requirements
Some towns and cities have set requirements regarding coops and enclosures, some are unclear and some have no set requirements. Many do not permit birds to "run at large", i.e. free range around your backyard. In some towns and cities you may need to have your coop plans and building materials approved before you can start building.

Nuisance Clauses
The nuisances include one or more of the following: noise, smell, public health concerns, attracting flies and rodents, cleanliness of coops and disposal of manure.

Slaughtering Restrictions
Some towns and cities will only allow the slaughtering at a designated place.

Distance Restrictions
Distance restrictions between the location of the chicken coop and property lines or nearby residences are stated in some ordinances. Again, some towns and cities have no restrictions and some are unclear. Most distance requirements are coop location distance from nearby residences and fewer were distance from property lines. The distance required from property lines could range from 10 to 90 feet and the distance from residences range from 20 to 50 feet. If a town or city chooses to have distance regulations, average lot sizes will need to be taken into consideration. Distance requirements to neighboring homes are generally easier to achieve as the distance includes part of the neighboring property as well as the chicken owner's property.

Unique Regulations
Most towns and cities' regulations have some of the above in common, but some have unique regulations in place as well. For example:
- Chicken feed must be stored in rodent proof containers - Coops must be mobile to allow protect turf and prevent the buildup of waste and pathogens. - Some have minimum square feet requirements per bird in the coop and run.”1 - Communities forbid problems that might arise with chicken keeping, rather than forbidding chickens themselves. - There is an argument for chickens as part of sustainable living

1 https://www.backyardchickens.com/articles/chicken-laws-and-ordinances-and-how-to-change-them.65675/ Attachment B (1)
March 10, 2022 Pg. 38
Chico California Chicken Ordinance
Are Chickens
Allowed in this
location
Yes
Max Chickens
Allowed
For Traditional Neighborhood Development (TND) areas: 1 per 250 sq ft of space (can't include house our setback areas)
Roosters Allowed No
Permit Required No
Coop Restrictions
For TND zoned areas: Coops have to be at least 25 ft from all side lot lines & 50 ft from any adjacent street or house. Chickens can’t be kept within 20 ft of any peopleoccupied structure.

City/Organization
Contact name
City of Chico Code Enforcement Physical location: 411 Main Street Chico, CA 95928 Mailing address: PO Box 3420, Chico, CA 95927 Scott Armstrong, Code Enforcement Supervisor, 530-879-6330 [email protected] Animal Control 530- 897-4960
Additional
Information
Roosters not allowed in the RS, R1 and TND zoning districts. Night quiet time is 9pm to 7am. Found no mention of any permit needed for chickens. Licenses are only required for dogs. ---------------------- Chico Municipal codes ---------------------- TITLE 7 ANIMALS 7.20 Animals--Keeping. 7.20.010 Prohibited - Exceptions. It is unlawful to keep within the city any animal of any species for any purpose except where specifically permitted in a particular zone by provisions of the zoning laws of the city. This provision does not apply to the riding or transporting of animals through the city. Title 19 LAND USE AND DEVELOPMENT REGULATIONS 19.76.020 Accessory uses and structures. C. Agricultural Accessory Uses and Structures.

Accessory structures for housing cattle, goats, horses, sheep, swine, or other similar animals shall be located at least 25 feet from all side lot lines and 50 feet from any adjacent street, highway, or residential dwelling unit, in compliance with Section

19.76.040 (Animals and fowl). 19.76.040 Animals and fowl. A. Household Pets.

Household pets may be kept as an accessory use of residential property, provided they are kept in a humane and sanitary manner and in compliance with the provisions of this section. B. Requirements. 1. The area proposed for the animal to be kept is in compliance with Subsection F (Other Animals), below; 2. Bulls, cows, goats, hogs, horses, pigs, and sheep shall not be kept within 50 feet of any dwelling or occupied structure on neighboring properties; and 3. Fowl shall not be kept within 20 feet of any dwelling or occupied structure. Roosters shall not be allowed in the RS and R1 zoning districts or in the TND zoning district. ... E. Offensive Animals. No persons shall keep, maintain, or have in their possession on any property owned or controlled by them any household pets or any other animals in a manner, number, or kind so as to cause damage or hazard to persons or property in the vicinity or to generate offensive dust, noise, or odor. F. Other Animals. Exclusive of the area devoted to residential uses, the following areas shall be required for each animal to be raised or kept on any residential parcel. * Chinchillas, poultry, rabbits, and other similar allowed small animals: 250 sq.ft. for each animal G. Calculation of the minimum site area required for animals shall not include any areas within the footprint of a structure used for Attachment C (1)
March 10, 2022 Pg. 39
human habitation, or any areas subject to the setbacks from occupied dwellings which are required by Section 19.76.040B.2. 19.80.070 Allowable land uses. Table 6-1 Allowed Land Uses and Permit Requirements for AGRICULTURAL, RESOURCE & OPEN SPACE Neighborhood Edge (NE): Animal Keeping =Permitted Use Neighborhood General (NG): Animal Keeping =Use Not Allowed Neighborhood Center (NC): Animal Keeping =Use Not Allowed CORE (most urban): Animal Keeping =Use Not Allowed Animal Keeping is Subject to Standard in Section/Chapter: 19.76.040 Title 9 PUBLIC PEACE, SAFETY AND MORALS

9.38.010 Declaration of policy. It is hereby declared to be the policy of the city that the peace, health, safety and welfare of the citizens of Chico require protection from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the city council to regulate and control the adverse effect of such noises on citizens under any conditions of use, especially those conditions of use which have the most severe impact upon the auditory senses of any person. 9.38.015 Application and enforcement of chapter. B. This chapter shall only be enforced after a citizen complaint has been received. This chapter allows for different methods of enforcement. The appropriate method of enforcement shall be determined by the enforcement officer. F. Noise, Unreasonable. Unreasonable noise means noise produced by human voice, machine, animal, or device, or any combination thereof, that is so loud, unnecessary, excessive, or unusual that it unreasonably disturbs the peace and quiet of any neighborhood, unreasonably impinges upon the quiet enjoyment of property, or unreasonably causes discomfort or annoyance to any reasonable person of normal sensitivity residing or working in the area. 9.38.030 Residential property noise limits. A. No person shall produce, suffer or allow to be produced by human voice, machine, animal, or device, or any combination of same, on residential property, a noise level at any point outside of the property plane that exceeds, at any point outside of the property plane, seventy (70) dBA between the hours of seven a.m. and nine p.m. or sixty (60) dBA between the hours of nine p.m. and seven a.m. B. No person shall produce, suffer or allow to be produced by human voice, machine, animal, or devices or any combination of same, on multifamily residential property, a noise level more than sixty (60) dBA three feet from any wall, floor, or ceiling inside any dwelling unit on the same property, when the windows and doors of the dwelling unit are closed, except within the dwelling unit in which the noise source or sources may be located . 9.44.030 Animals running at large or grazing in streets generally. It shall be unlawful for any person owning or having the control of, or being the keeper of, any horse, mule, cow, goat, sheep, hogs, ass or domestic fowl, to permit the same to run at large upon or graze or feed upon any public street, alley, sidewalk or public place of the city.

Link for more
Information http://www.chico.ca.us/government/municipal_code.asp 1 1 https://www.backyardchickens.com/articles/chico-california-chicken-ordinance.61768/ Attachment C (2) March 10, 2022 Pg. 40

CITY OF AVENAL

PLANNING COMMISSION

STAFF REPORT
October 2, 2017
BACKGROUND:

As a continuation to the previous Planning Commission meeting of August 14, 2017, Staff is presenting further research as directed by the Commission in regards to the possible consequences in allowing backyard chickens in Single-Family Residential Zones.

Staff met with representatives of relevant City departments: Code Enforcement, Public Works, Animal Control, Police, Community Development, and City Manager. This discussion brought many insightful viewpoints and context explaining the current ordinance. Staff also reached out to neighboring cities and the county for their ordinances regarding chickens. The results of this research are provided below.

RESEARCH:

Section 9.10-6 D of the Avenal Zoning Ordinance states that:
“No poultry or fowl of any type if allowed in the R-1 Zone (chicken, rooster, duck, pheasant, geese, etc.)”
Staff is presenting requested research regarding City Staff opinions regarding chickens in Single-Family Residential Zones, and current ordinances in neighboring cities.

A. City Staff Discussion (Attachment A).

B. Staff Research pertaining to fowl ordinances in Kings County and corresponding cities (Attachment B)
a. Kings County allows up to 12 chickens in single family residential and rural estate zones; not allowed in multi-family residential zones. b. City of Hanford does not allow any fowl and considers them a public nuisance.
c. City of Corcoran only allows fowl on lots of over 20,000 square feet. d. City of Lemoore considers chickens household pets and are allowed in certain residential zones. Lemoore does not allow roosters at all.

RECOMMENDATION:

None at this time.

March 10, 2022 Pg. 41
City Staff Discussion, September 8th 2017
Attendance: Representatives from Code Enforcement, Public Works, Animal Control, Police, Community Development, City Manager.

Discussion:

Code Enforcement/Public Works:
x City residents already have numerous illicit animals (rabbits, turtles, roosters, pigeons), which is hard to control at the moment.
x Roosters would be huge hassle, as fighting circuit exist just outside of Avenal in neighboring Fresno County towards Coalinga.
x If allowed, would want to see permits to have chickens, and allowed random inspections.

Police Department:
x Explained that hens make noise when laying eggs.
x Cannot recall any notable occurrence that required dispatch. x Currently difficult to regulate entry of chickens in town due to ease of ordering online, which also makes problematic regulating selection of hens vs roosters because they are difficult to identify as chicks.
x Sanitation would be major issue, coops should be thoroughly cleaned once a week at least. x Steel garbage and storage cans can help in keeping vermin away. x Need a substantial amount of chickens to sustain enough egg production for a family, thus limits on number of allowed chickens would need to be high.

Animal Control:
x Currently fines $300 per chicken when found, if owner does now allow immediate confiscation. x Concerned this would open basis for other illicit animals to be allowed, i.e. pigs, rabbits, and other fowl like ducks.
x Wonders how would City tackle civil issues when a chicken escapes and killed by a dog on the street or another property.

City Manager, Melissa:
x Chickens are allowed in Rural Residential Estate.
x Chickens use to be allowed in Neighborhood Residential Zone. x Was unregulated before City incorporated, once incorporated, one of the first issues tackled by council in order to make Avenal a proper city.

Other thoughts
x Possibility of a community pen in order to keep chickens in one locations? x Might not work because of easy spread of disease.
x Hanford and Lemoore were considering changing their fowl ordinances recently. x Practicality of keeping hens that produce eggs for large families is not always feasible. x Huron allows chickens in residential zones.

Attachment A


March 10, 2022 Pg. 42
Table 5-1 RESIDENTIAL ZONING DISTRICTS LAND USE REGULATIONS KEY
“P” Permitted uses - no permit required.
“S” Site Plan Review required.
“C” Conditional Use Permit required.
“TUP” A temporary land use which requires an
over-the-counter permit
“-” Not permitted

ZONING DISTRICT
RR R-1 RM
Miscellaneous Uses
For a definition of the use see Article 25 PERMIT REQUIRED Additional Regulations and information Chicken hens, pigeons, quail, pheasants, doves and
other birds of similar size for the noncommercial use of the residents only. Roosters are not permitted.

P P - Not more than 12 birds and all such birds
must be kept in pens or enclosures on the
rear half of the lot and meet the setbacks
prescribed in Table 5-2. All such birds shall
be maintained in a manner approved by the
county health officer.

Clotheslines. P P P Within side or rear yards not subject to setbacks.

Gardens and community gardens including the raising
of fruit and nut trees, vines, vegetables and horticultural specialties.

P P P
Home occupations, Minor. P P P See Article 11, Section 1102.A.

Home occupations, Rural: Outside of either a city
primary sphere or a rural community.

S S S See Article 11, Section 1102.B.

Home occupations, Urban: Inside of either a city
primary sphere or a rural community. Excludes barber
and beauty shops.

S S S See Article 11, Section 1102.C.

Home occupations including barber & beauty shops. C C C See Article 11, Section 1102.D.

Household pets, such as dogs, cats, canaries and
parakeets (excluding livestock and poultry) belonging
to those living on the site.

P P P Pets shall be maintained in compliance with
public health laws and Kings County
Animal Control standards.

Incidental uses located on the same site with a permitted use.

P P P See Section 1101.

Incidental uses located on the same site as a use
requiring Site Plan Review or Conditional Use Permit.

S S S See Section 1101.

Kennels for the keeping of dogs and/or cats belonging
to those living on the site.

P - -
Livestock keeping incidental to the residential use of
the property.

P - - No more than 2.5 animal units and their
immature offspring for each acre of site
devoted to the animals’ care.

Signs, freestanding or detached. S S S See Table 5-3.

Signs, wall mounted or projecting. P P P Permitted without a new zoning permit provided the total amount of signage
allowed for the zoning district is not
exceeded and the sign meets signage
regulations. See Table 5-3.

Signs, temporary. P P P See Article 14 for time limits and additional information. See Table 5-3.

Swimming pools for either individual, family or
communal use of an exclusive non-commercial basis.

P P P No swimming pool or accessory mechanical
equipment shall be located less than five (5)
feet from a property line, or within a utility
easement, unless a waiver in writing has
been obtained from the appropriate utility
company or companies allowing an
encroachment into the utility easement.

Such pool or accessory equipment shall be
located behind the front yard fence line.
.LQJV&RXQW\'HYHORSPHQW&RGH Attachment B


March 10, 2022 Pg. 43
ZONING
ORDINANCE Page 7 - 1
Art. 7
Last Amended by Ord. No. 269.67 on 9/28/10, effective 10/28/10 ARTICLE 7. RR RURAL RESIDENTIAL DISTRICTS
Sec. 701. Purpose.

To provide living areas which combine certain of the advantages of both urban and rural locations by limiting development to very low density concentrations of one-family dwellings and permitting limited numbers of animals to be kept for pleasure or hobbies, free from activities of a commercial nature.

Sec. 702. RRA Rural Residential Agricultural District.

A. Application:

This district is intended primarily for application to areas within or at the fringe of urban areas and to rural service centers.

B. Permitted uses:

1. One one-family dwelling, including a mobile home or manufactured home on a temporary or permanent foundation per legal parcel.

2. The raising of fruit and nut trees, vines, vegetables and horticultural specialties.

3. Accessory structures located on the same site with a permitted use including private garages and carports, patio covers, one guest house, storage sheds 120 square feet or less in size with side walls not more than six (6) feet in height (not exceeding two (2) per parcel), garden structures, greenhouses, recreation rooms and hobby shops.

4. Breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters, other small animals and fowl, on a domestic non commercial scale conducted incidental to the residential use of the property; provided that no structure housing poultry or small animals shall be closer than thirty (30) feet to any property line; non commercial kennels for the keeping of dogs and/or cats belonging to those living on the site.

5. The raising of livestock conducted incidental to the residential use of the property, subject to the exception that not more than one and one-half (1½) animal units and their immature offspring for each acre of site devoted to the animals' care shall be permitted, provided that no stable shall be located closer than thirty (30) feet from any property line.

6. Swimming pools for either individual, family or communal use of an exclusive non-commercial basis, provided that no swimming pool or accessory mechanical equipment shall be located less than five (5) feet from a property line, or within a utility easement and further provided that such pool or accessory equipment shall be located behind the front yard fence line.

7. Non-commercial, personal use solar electrical generation equipment with a design capacity to serve the electrical needs of only that site or use.

8. Reserved.

9. Reserved.

10. Reserved.

11. Minor home occupations, in accordance with regulations prescribed in Article 16, Section 1601, subsection D.

12. Small family day care homes for eight (8) or fewer children.

13. Community care facilities, supportive housing for the target population, and transitional housing which serves six (6) or fewer persons as allowed by the Health and Safety Code.

C. Permitted uses, site plan review:

The following uses may be permitted in accordance with the provisions of Article 21:

1. Nursing homes with thirty (30) or fewer beds.

2. Urban home occupations inside of either a city or a rural community general plan area, in accordance with the regulations prescribed in Article 16, Section 1601.A.

3. Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

4. Accessory structures and uses located on the same site as a permitted use with site plan review or conditional use. .LQJV&RXQW\'HYHORSPHQW&RGH Attachment B


March 10, 2022 Pg. 44

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March 10, 2022 Pg. 50
March 10, 2022 Pg. 51
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: March 1, 2022
RE: Public Works Monthly Report February 2022
INFORMATION:

7300 CODE ENFORCEMENT:

Code Enforcement continues property abatements, and they are having good luck with vehicle abatements.

They are keeping up on any changes to COVID-19 rules and informing local businesses. Staff has helped with the vaccine clinics and are trying to keep up with graffiti.

SEE ATTACHED REPORT.
8100 PARKS & LANDSCAPE:

Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport Complex, the Ken Brown Public Safety Center and Elliott Park. The Neighborhood park is closed due to a broken slide (parts are on order) and the skate park has been closed due to graffiti. We are continuing to keep two (2) restrooms open at Rice Park.
9000 ANIMAL CONTROL DEPARTMENT:

Staff continues to maintain the Animal Shelter with animals rescued weekly. Staff continues to work with Corcoran and Animal Rescue using safe distancing practices.

SEE ATTACHED REPORT.
13000 STREETS:

Staff maintains city streets, signs, flags, and banners. Staff continues working with the City Engineer on more street projects in town. We will continue to patch and crack seal as time allows. 14100 WATER DISTRIBUTION:

Staff continues to work with the City Engineer for the 18” water transmission replacement. The Water Resources Board concerns have been addressed and the project is very close to going out to bid. We repaired one (1) leak on the 18” transmission line. Staff continues to maintain and repair the distribution system.
15000 WASTEWATER COLLECTIONS:

Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. We are working with the City Engineer to replace a section of sewer line along Highway 33. There were four (4) calls for sewer plugs two (2) were on the city side and two (2) on customer side. Staff is continuing the enzyme treatment for grease.
18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:

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

AGENDA ITEM NO. 7. A. – 1)
March 10, 2022 Pg. 52
Monthly Report
February 2022
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 36
Courtesy Verbal Abetments 21
Courtesy Door Hangers 32
Abetments Completed 76
Pending 13
Miscellaneous Complaints
Illegal Business/Expired License 01
Stop Work/No Permit 00
Illegal Occupancy 01
Illegal Venders 00
Complaints Received 10
*Phone 06
*Walk In 00
Miscellaneous Inspections 32
Miscellaneous Meetings 04
Recycling Control 02
Graffiti Control 46
Water Waste Control (verbal and/or citations) 05
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 00
Notes: This month we have seen more graffiti than we have in the last 8 years. As soon as we cover one off, two more come up. We are trying to stay on top of it as best as we can.

We are still seeing good compliance on vehicle abetment as soon as we show up, they have been ready to comply. We will keep pushing vehicle abetment. We had good rain days so weeds are starting to become a problem and we will continue the weed abetment program.

March 10, 2022 Pg. 53

CITY OF AVENAL

ANIMAL CONTROL ACTIVITY REPORT
FEBRUARY 2022
TO: Rob Williams, Public Works Director
FROM: Luis E. Gonzales, Animal Control Department
DATE: March 1, 2022
Animal Control Activity Report
Dogs Detained 27
Returned to Owner 04
Adopted 00
Died in Shelter 01
Euthanized 01
Stolen from Shelter 0
Escaped from Shelter 0
Remaining in Shelter 10
Dog Bite(s) 2
Citations 2
Complaints 04
Door Hangers 05
Cats Detained 10
Euthanized 04
Rescued 06
Redeemed 00
Adopted 00
Dogs Rescued 11
Roosters/Chickens/Owls/Turtles, etc. 00
Deceased Animals Received
Dogs 03
Cats 09

Dogs Microchipped February 2022 02
Dogs Rescued from JANUARY THAT WERE LEFT 21
Dogs Rescued from DECEMBER THAT WERE LEFT 05
March 10, 2022 Pg. 54

CITY OF CORCORAN

ANIMAL CONTROL ACTIVITY REPORT
FEBRUARY 2022
TO: City of Corcoran, Animal Control Department
FROM: Luis E. Gonzales, Animal Control Department
DATE: March 1, 2022
Animal Control Activity Report
Dogs Detained 20
Returned to Owner 00
Adopted 00
Died in Shelter 01
Euthanized 02
Stolen from Shelter 0
Escaped from Shelter 0
Remaining in Shelter 13
Dog Bite(s) 0
Citations 0
Cats Detained 08
Rescued 07
Euthanized/Feral 01
Returned to Owner 00
Adopted 00
Roosters/Chickens/Rabbits/Ducks, etc. 00
Deceased Animals Received
Dogs 04
Cats 15
Birds/Owls/Bats/Snakes 00
DOGS RESCUED FROM FEBRUARY 2022 06
DOGS EUTHANIZED LEFT FROM JANUARY 2022 02
DOGS RESCUED LEFT FROM JANUARY 2022 09
DOGS REDEEMED LEFT FROM JANUARY 2022 01

March 10, 2022 Pg. 55
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 7. – A. 2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: March 7
th, 2022
RE: Information Technology Monthly Report February 2021 CURRENT PROJECTS:

Internet Access: Spectrum is currently preparing a quote at the time of reporting, to be ready by Tuesday March 8th. Currently looking into alternative options for economically expanding our current lines to normally unserviceable areas. Starlink Satellite is currently on hold until 2023 while Ubiquiti Radio Antennas may be possible once fiber lines are ready for the Community Center. Staff continues working on replacing the AT&T DSL/U-Verse service with Spectrum access at the Veteran’s Hall.

Phone System: Staff is working with Verizon OneTalk as an all in one solution to cover our desk VoIP phones, electronic fax conversion, and mobile phones and will be coordinating with sales representatives on March 8th.

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

Server: Colfax completed their hardware validation testing of our server at the time of reporting. No ETA for physical shipment at the time of reporting.

Clerk Software:. IT and City Clerk are currently coordinating times to meet with department heads to go over the CivicClerk software.

Other:

Staff:
-works with the City Clerk to prepare for the upcoming “Chat with Council” Q&A sessions. -repairs the HP T120 Banner Printer for Community Activities use. -repurposes a computer and digitized forms for Animal Control. -continues to provide tech support across all facilities.

March 10, 2022 Pg. 56

COMMUNITY

ACTIVITIES DEPT
Upcoming Events
• Flea Market – March 5th Vets Hall 11am-3pm
• Rise Up Community Outreach Event – March 26th Rice Park- 11am-2pm • Easter in the Park- April 9th 10am-1pm
• Mexican Consulado at Recenter March 7-10 appointment only.

On Going Programs:
• Karate: Tues/Thurs – 6:00 7:30 $55.00 per month – Onetime $30.00 fee for uniform
• Zumba – M/W/F – from 7:00 – 8:00 pm
• Fit to Succeed – M/W/F – from 8:00 – 9:00 pm
• 25% of total collected per class comes back to the department • Veterans Hall opened daily from 10am-2pm for community Future Programs:
• Staff has reached out to WHC Baseball, Avenal Youth Football Program and Lemoore Soccer. Staff is working on dates that we will hold clinics.
• Staff has reached out AHS Art teacher and is working on bringing back Art Night.

On Going Projects:
• Community Garden
• Princess Concert in Theater
• Homeless Resources
March 10, 2022 Pg. 57
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: March 10, 2022
RE: Consider Extending Local Emergency Declaration (COVID-19) INFORMATION:

On March 24, 2020, the Avenal City Council adopted Resolution No. 2020-14 declaring a Local Emergency due to the existence or threatened existence of a local emergency: COVID 19 pandemic.

The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists.

On October 28, 2021, the Avenal City Council adopted Resolution No. 2021-48 to satisfy AB 361 in order to continue Teleconferenced Meetings. AB 361 provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules
• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

At this time, staff is recommending the City Council consider the following action by motion:

Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled.

Additionally, that the Council find that a state of emergency continues to directly impact the ability of members to meet safely in person, and that State and local officials continue to impose or recommend social distancing measures.

RECOMMENDATION:

Discussion/Action.

FISCAL IMPACT:

None.

March 10, 2022 Pg. 58
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: March 10, 2022
RE: Consider Extending Local Emergency Declaration (Water) INFORMATION:

On May 27, 2021, the Avenal City Council adopted Resolution No. 2021-23 declaring a Local Emergency due to the existence or threatened existence of a local emergency: Severe Water Shortage.

The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists.

On February 26, 2022, USBR published the water allocation for the 2022-2023 water year for Municipal & Industrial (M&I), being 25% of historic use. For the City of Avenal, 25% of 2,480 acre feet is 620 acre feet – not enough to meet the City’s needs through June. Attached is official correspondence from the Bureau requesting Public Health & Safety requests be submitted by March 10, 2022. The City Manager and Staff are working to submit that letter ASAP.

By continuing the local emergency due to drought conditions, this action helps to show the Bureau that the City takes the drought emergency seriously and helps them accommodate the necessary Public Health & Safety water needs to the City.

Staff is recommending the City Council consider the following action by motion:

Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled.

RECOMMENDATION:

Discussion/Action.

FISCAL IMPACT:

None.

March 10, 2022 Pg. 59
United States Department of the Interior

BUREAU OF RECLAMATION
South-Central California Area Office
1243 N Street
Fresno, CA 93721-1813
SCC-440

2.2.4.22 VIA ELECTRONIC AND U.S. MAIL
City Council
City of Avenal
919 Skyline Boulevard
Avenal, California 93204
[email protected]
Subject: Initial Declaration of Water Made Available for 2022 Contract Year – Contract No. 14-06- 200-4619A-IR1-P (Contract) – Delta Division – Central Valley Project (CVP), California Dear Council Members:

The Bureau of Reclamation (Reclamation) has announced the initial amount of Water Made Available for 2022 Contract Year is 0 percent of Irrigation Water and for Municipal and Industrial (M&I) Water is 25 percent of historical use consistent with the M&I Shortage Policy at www.usbr.gov/mp/cvp/mandi.html.

You may request a Public Health and Safety (PHS) adjustment for the sole purpose of reducing to your unmet domestic needs after consideration of all other available sources of water. All PHS requests must be submitted in writing within 30 days of receipt of this letter.

The total 2022 allocation available for M&I use is 636 acre-feet. For your convenience enclosed is the California-Great Basin (CGB) News Release dated February 23, 2022. Pursuant to Article 4(b) of the Contract, please submit your water schedule to this office on or before March 10, 2022, showing the monthly quantities of CVP water to be delivered consistent with this declaration.

As you know, dry hydrologic conditions continue throughout California, particularly in the Shasta watershed. Reclamation will continue to assess current operational and hydrologic conditions and will provide updates to the water supply as warranted. If you should have questions, please contact Repayment Specialist, Richard Reyes at (559) 262-0352, via electronic address [email protected] or for the hearing impaired at TTY (800) 877-8339.

Sincerely,
Michael P. Jackson, P.E.

Area Manager
Enclosure – CGB News Release
cc’s Continued Next Page.

March 10, 2022 Pg. 60
Subject: Initial Declaration of Water Made Available for 2022 Contract Year – Contract No. 14-06- 200-4619A-IR1-P (Contract) – Delta Division – Central Valley Project (CVP), California cc’s Continued from Previous Page.
cc: Mr. Antony Lopez
City Manager
Mr. Ronald Brumley
Utilities Supervisor
City of Avenal
919 Skyline Boulevard
Avenal, CA 93204
[email protected]
[email protected]
Mr. Federico Barajas
Executive Director
San Luis & Delta-Mendota Water Authority
P.O. Box 2157
Los Banos, CA 93635
[email protected]
(each w/o enclosure)
March 10, 2022 Pg. 61

-BUREAUOFRECLAMATIQN NEWS RELEASE
For Release: Feb. 23, 2022
Contact: Mary Lee Knecht, 916-978-5100, [email protected] Reclamation outlines initial 2022 water allocations for Central Valley Project contractors
Sacramento, Calif. – Today, the Bureau of Reclamation announced initial 2022 water supply allocations for Central Valley Project contractors. Allocations are based on an estimate of water available for delivery to CVP water users and reflect current reservoir storages, precipitation, and snowpack in the Central Valley and Sierra Nevada. This year’s low allocations are an indicator of the third consecutive dry year California is experiencing and will be updated if conditions warrant.
“We began the 2022 water year with low CVP reservoir storage and some weather whiplash, starting with a record day of Sacramento rainfall in October and snow-packed December storms to a very dry January and February, which are on pace to be the driest on record,” said Regional Director Ernest Conant. “Further, the December storms disproportionately played out this year in the headwaters—heavy in the American River Basin and unfortunately light in the upper Sacramento River Basin, which feeds into Shasta Reservoir, the cornerstone of the CVP.”
Currently, CVP reservoir storage is below the historic average for this time of year and runoff forecasts predict that overall storage will be limited if substantial spring precipitation does not materialize. California Department of Water Resources’ forecast update from Feb. 1 to Feb. 15 shows a total decrease in projected annual inflow to Shasta, Oroville, Folsom, and New Melones reservoirs of 1.2 million acre-feet. Without significant precipitation, this may continue to decrease further.
“Losing over a million acre-feet of projected inflow in two weeks’ time is concerning,” said Regional Director Conant. “We’ve got our work cut out for us this year; strengthened collaboration and coordination among agency partners, water and power users, and stakeholders will be instrumental.”
Based on current hydrology and forecasting, Reclamation is announcing the following initial CVP water supply allocations:

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North-of-Delta Contractors
Sacramento River
• Irrigation water service and repayment contractors north-of-Delta are allocated 0% of their contract total.
• Municipal and industrial water service and repayment contractors north-of-Delta will be provided water for public health and safety needs consistent with the CVP M&I Water Shortage Policy.
• Sacramento River Settlement Contractors’ water supply is based upon settlement of claimed senior water rights and the 2022 water year is currently designated as a critical year, as defined in their Settlement Contracts.

American River
• M&I water service and repayment contractors north-of-Delta who are serviced by Folsom Reservoir on the American River are allocated 25% of their historical use.

In-Delta Contractors
• M&I water service and repayment contractors who are serviced directly from the Delta are allocated 25% of their historical use.

South-of-Delta Contractors
• Irrigation water service and repayment contractors south-of-Delta are allocated 0% of their contract total.
• M&I water service and repayment contractors south-of-Delta are allocated 25% of their historical use.
• For San Joaquin River Exchange Contractors and San Joaquin Settlement Contractors, the 2022 water year is currently designated as a critical year, as defined in their contracts.

Wildlife Refuges
• For water supply for wildlife refuges (Level 2), north- and south-of-Delta, the 2022 water year is currently designated as a critical year, as defined in their contracts.

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Friant Division Contractors
• Friant Division contractors’ water supply is delivered from Millerton Reservoir on the upper San Joaquin River via the Madera and Friant-Kern canals. The first 800,000 acre-feet of available water supply is considered Class 1; Class 2 is considered the next amount of available water supply up to 1.4 million acre-feet.

Given the current hydrologic conditions, the Friant Division water supply allocation is 15% of Class 1 and 0% of Class 2.

Water supply allocations for Eastside irrigation and M&I water service and repayment contractors will be announced in May per their contracts.

M&I contractors whose water service and repayment contracts cite the CVP M&I Water Shortage Policy may request a public health and safety adjustment within 30 days of initial allocations consistent with that policy.

As the water year progresses, changes in hydrology and opportunities to deliver additional water will influence future allocations. Reclamation will continue to track hydrology and may adjust basin-specific allocations if conditions warrant an update. Water supply updates are posted on Reclamation California-Great Basin Region’s website. # # #
The Bureau of Reclamation is a federal agency under the U.S. Department of the Interior and is the nation's largest wholesale water supplier and second largest producer of hydroelectric power. Its facilities also provide substantial flood control, recreation opportunities, and environmental benefits. Visit www.usbr.gov and follow @USBR & @ReclamationCVP on Twitter; Facebook @bureau.of.reclamation; LinkedIn @Bureau of Reclamation; Instagram @bureau_of_reclamation; and YouTube @reclamation.

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AVENAL POLICE DEPARTMENT

City Council Agenda Item
To: Avenal City Council & City Manager Antony V. Lopez
From: Kevin Carr, Police Captain (I)
Date: March 3, 2022
Re: Assembly Bill 481
Informational Report
Assembly Bill 481 is a bill creating a new law which requires a policy of Military Use Equipment, Government Code 7071. Avenal Police Department has minimal Military Use Equipment such as UAS Drone and Less Lethal Bean rounds. AB 481 requires the process to commence prior to May 1, 2022. It also requires the policy to be made public 30 days prior to the public hearing. We will be posting the new policy on our website by March 14, 2022. We will then bring the policy to the first April Avenal City Council meeting on April 14, 2022. This policy is very in depth regarding the equipment and requires collaboration with allied law enforcement agencies.

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