Agenda — City Council/Successor Agency/Public Finance Authority, April 28, 2022

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
APRIL 28, 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: 4:30pm Discussion on Partnership with Avenal Rotary Club and Avenal Seniors Nutrition Program Regarding City Assistance at Monthly Food Distributions at Avenal Veterans’ Hall. ___ LAST ORDINANCE: 2022-02 CITY LAST RESOLUTION: 2022-22
(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: 1.

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.

Introduce New Employees: Gerardo Gonzalez and Francisco Oceguera (Landscaping, Public Works Department).

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 March 24, 2022.

B. Consider Warrants & Financial Statements for September and October 2021.

C. Consider SB 1 Project List for Road Maintenance and Rehabilitation Account Funding "The Road Repair and Accountability Act of 2017" Resolution No. 2022-23: Scott Davis, Public Works Supervisor: (Discussion/Action).

D. Consider Quotes for Installation of Panel Box & Electrical Work at the Veterans Memorial Hall - Scott Davis, Public Works Supervisor Resolution No. 2022-24: (Discussion/Action):

E. Consider Entering into an M.O.U. with Avenal Rotary Club for 2022 Old Timers’ Day Festival: (Discussion/Action).

April 28, 2022 Pg. 1

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

A. Continued Presentation on Water and Wastewater Rates Study for Fiscal Years 2023 - 2027 in Preparation for Proposition 218 Process: Dan Bergman, IG Services (Discussion/Action).

B. Status Report on Chief of Police Recruitment Process: Griselda Price, Director of Administrative Services & Antony V. López, City Manager: (Discussion).

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS:

A. Activity Reports:

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

2. Police Department Activity Report: Kevin Carr, Police Captain (I).

B. Special Presentations/Reports:
1) None.

8. PUBLIC HEARING(s):

A. Public Hearing for Assembly Bill No. 481, Approving Military Equipment Use Policy for Avenal Police Department.
• Staff Report
• Public Hearing
• Approval
o Resolution No. 2022-25 & Introduce/First Reading of Ordinance No. 2022-03:

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. Consider and Approve Change Order No. 3 to the Contract with Kuykendall Solar for the construction of a Solar PV System at the WWTF; Resolution No. 2022-26: Alfonso Manrique, AM Consulting Engineers: (Discussion/Action):

B. Consider Amended Agreement with O’Dell Engineering for Site Design and Plan Preparation for the Avenal Kids Park; Resolution No. 2022-27: (Discussion/Action).

C. Approve Capital Expenditure from Wastewater Enterprise Fund for 18” Whitney Street / Community Sewer Pipeline and Manholes Project; Resolution No. 2022-28:
(Discussion/Action).

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, April 25, 2022.
/s/ Maria Ortiz
Maria Ortiz, City Clerk
April 28, 2022 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial del Pistacho®"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA SUCESORA/28 DE ABRIL 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: 4:30 p.m., Debate sobre la asociación con el Club Rotario avenal y el Programa de Nutrición para Personas Mayores de Avenal con respecto a la asistencia de la ciudad en las distribuciones mensuales de alimentos en avenal Veterans' Hall.

ÚLTIMA ORDENANZA: 2022-02 CIUDAD ÚLTIMA RESOLUCIÓN: 2022-22 (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: 1.

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.

Presentación de nuevos empleados: Gerardo González y Francisco Oceguera (Landscaping, Departamento de Obras Públicas).

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 marzo de 2022.

B. Considere las garantías y los estados financieros para septiembre y octubre de 2021.

C. Considere la Lista de Proyectos SB 1 para el Financiamiento de la Cuenta de Mantenimiento y Rehabilitación de Carreteras "La Ley de Reparación y Responsabilidad de Carreteras de 2017" Resolución No. 2022-23: Scott Davis, Supervisor de Obras Públicas:
(Discusión / Acción).

D. Considere las cotizaciones para la instalación de la caja del panel y el trabajo eléctrico en el Veterans Memorial Hall - Scott Davis, Resolución del Supervisor de Obras Públicas No. 2022-24: (Discusión / Acción):

E. Considere la posibilidad de participar en un M.O.U. con Avenal Rotary Club para el Festival April 28, 2022 Pg. 3
del Día de los Veteranos 2022: (Discusión/Acción).

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

A. Presentación continua sobre el estudio de tarifas de agua y aguas residuales para los años fiscales 2023 - 2027 en preparación para el proceso de la Proposición 218: Dan Bergman, IG Services (Discusión / Acción).

B. Informe de Estado sobre el Proceso de Reclutamiento del Jefe de Policía: Griselda Price, Directora de Servicios Administrativos y Antony V. López, Administrador de la Ciudad:
(Discusión).

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

A. Informes de actividad:

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

2. Informe de actividad del Departamento de Policía: Kevin Carr, Capitán de Policía (I).

B. Presentaciones/Informes Especiales:
1) Ninguno.

8. AUDIENCIA(S) PÚBLICA(S):

A. Audiencia Pública para el Proyecto de Ley de la Asamblea No. 481, Política de Uso de Equipo Militar de Approving para el Departamento de Policía de Avenal. • Informe del personal
• Audiencia Pública
• Aprobación
o Resolución No. 2022-25 e Introducción/Primera Lectura de la Ordenanza No. 2022-03:

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. Considerar y aprobar la Orden de Cambio No. 3 al Contrato con Kuykendall Solar para la construcción de un Sistema Solar Fotovoltaico en el WWTF; Resolución N° 2022-26:

Alfonso Manrique, AM Ingenieros Consultores: (Discusión/Acción):

B. Considere un acuerdo enmendado con O'Dell Engineering para el diseño del sitio y la preparación del plan para el Avenal Kids Park; Resolución No. 2022-27:
(Discusión/Acción).

C. Aprobar el Fondo Empresarial de Aguas Residuales de Gastos de Capital para el Proyecto de Tuberías y Pozos de Alcantarillado Comunitario de 18"Whitney Street / Community; Resolución No. 2022-28: (Discusión/Acción).

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 25 de abril de 2022. /s/ María Ortiz
April 28, 2022 Pg. 4
María Ortiz, Secretaria municipal
City of Avenal
919 Skyline Blvd.

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

STUDY SESSION
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: April 28, 2022
RE: Discussion on Partnership with Avenal Rotary Club and Avenal Seniors Nutrition Program Regarding City Assistance at Monthly Food Distributions at Avenal Veterans’ Hall
INFORMATION:

Since the State’s emergency declaration and shut-down due to the COVID-19 pandemic on March 15, 2020, and the City followed with its own local emergency declaration from March 24, 2020, City Staff have taken the extraordinary measures necessary to ensure the health and safety of the community and became proactively involved with local businesses, churches, and non-profits.

With the shutdowns came job insecurity and economic concerns for many Avenal residents who could no longer work or had to wait for the economy to pick back up and their respective industries to require people once again. The pandemic brought about much economic relief to regular citizens in the form of stimuluses and resources like food distributions.

At the height of the pandemic, Avenal saw more focus of aid in the form of food distributions – particularly food distribution events where typically 60-80 families would be served, quickly doubled to 150-200 families at each drive. With the increase need, City Staff itself assisting in traffic control and enforcing social distancing and face covering requirements, and even handing our face masks, given the great uncertainty at that time. Accordingly, City Staff was made available to assist as needed for these community events. Specifically, due to the perceived risk of spreading COVID-19 and the noted vulnerabilities to senior populations, City Staff was asked to help the monthly food distributions that are held at Avenal Veterans’ Hall under Avenal Rotary with the help of Avenal Senior Nutrition Program participants.

Initially, up to 6-8 City Staff would be committed to help at these distributions, along with any volunteers who would be available. Over time, this has been reduced down to 2- 3 staff, with more Rotary and Senior program volunteers participating. While at times this was a strain on Public Works staff when COVID-19 was affecting staff availability, today the Department is better prepared for helping these events.

April 28, 2022 Pg. 6

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
APRIL 14, 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 & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:30 p.m.

ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez joined via zoon and joined the meeting at 5:25 p.m.; Mayor Alvaro Preciado.

ABSENT: None.

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

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

The City Council went into Closed Session at 5:32 p.m.

CLOSED SESSION: (City/Successor Agency):

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. PENDING LITIGATION (Government Code § 54956.9).

Conference with legal counsel – SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(d)(2)).

Number of potential cases is: 1.

Facts and circumstances clearly known to potential plaintiff (if any) that might result in litigation (Government Code § 54956.9(e)(2)).

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

It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agency as follows:

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

Party with whom negotiating:

Instructions to negotiator concerning: Terms
Mayor Preciado re-opened City Council meeting at 5:58 p.m. and reported the following: 1) Item 3. A.- nothing to report; 2) Item 3.

B. the Council Ratify to open a claim with RMA; and 3) Item 3. C. the Council did not discuss this item.

Councilman Verdugo made a motion to ratify open claim with RMA, seconded by Councilman Gravelle, and carried.

Roll Call Vote:

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

NOES: None.

AGENDA ITEM NO. 5. – A.

April 28, 2022 Pg. 7
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Page 2 of 5 ends

ABSENT: None.

ABSTAIN: None.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS:

Maria Ortiz, City Clerk commented the following: 1) Received a public comment from Jose Arias his concern are off road vehicles – razors, quads driving on the road without proper DMV registration.

CONSENT CALENDAR:

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

A. Approval of City of Avenal/Successor Agency's Minutes for March 11, 2021.

B. Consider Authorizing City Manager to sign Agreement with UC Davis for Services/Grant: Resolution 2022-21.

Council Member/Successor Agency Member Gravelle made a motion to approve Consent Calendar as presented, seconded by Council Member/Successor Agency Member Hernandez, and carried.

RESOLUTION 2022-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING CITY MANAGER TO SIGN AN AGREEMENT WITH UNIVERSITY OF CALIFORNIA (DAVIS) FOR ALL ANIMAL GRANTS.

Councilman Gravelle made a motion to approve, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

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

NOES: None.

ABSENT: None.

ABSTAIN: None.

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

A. Updates Regarding Audits, City Warrants, and Financial Statements: Griselda Price, Director of Administrative Services.

Griselda Price, Director of Administrative Services reported that currently, Sotomayor & Associates continue working to finalize the Fiscal Year 19/20 audit. As of April 13, the principals of the firm, Carmen and Ivan Sotomayor, have indicated t hat the audit will be completed by the end of April. Usually at this point, the 20/21 audit would have been completed by December of last year, but the audits continue to be behind. Because of the complications and issues with Sotomayor & Associates, Staff has contacted Price Paige and Company to assist us with having the audits expedited by working with both the City and Sotomayor & Associates. Price Paige and Company was the City’s previous auditors prior to our current auditors Sotomayor and Associates – they are familiar with municipal finances and assisting with the software the city uses as well as clearing up processes during transitions.

Warrants & Financial Statements: Currently, the Finance Department is finalizing September 2021 and October 2021 financial statements which will be available before the council meeting. November and December will soon follow and so forth. Now that City Hall is more fully staffed, the Finance Department can fully review and prepare the warrants and financial statements for Council’s review. Staff apologies for the delay as it continues to iron out the process and ensure the correct numbers are being carried over and are accurate.

Staff reached out to Price Paige and Company to assist with the completion of the financial statements, which they have agree d is a number one priority to setting a firm foundation to the City’s finances and assisting in transparency. A new process will likely be created to ensure more timely reports.

Josh, Price Paige and Company discussed issues regarding the city’s finances, and this can be taken care of with in 6-month and Mrs. Price has been responsive with finance information. They will catch up with this audit, Financials & Warrants and 2020/2021 to keep moving forward.

The Council thanked Staff for this information and the update.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Activities Department Report: Shelia Verdugo, Supervisor.

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Antony Lopez, City Manager presented Mrs. Verdugo’s report, due to Mrs. Verdugo is sick. Mr. Lopez reported the following: 1) Easter; 2) Flea Market; 3) Soccer Clinic, 4) Old Timers Day – April 29th – May 1st; Baseball Clinic; and 5) Spring Festival – April 27th 2:00 -6:00 p.m. at Rice Park & Circus coming.

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

Humberto Bermudez, IT Manager reported the following: 1) Internet access; 2) Phone system; 3) emails & Civic Clerk software; and 4) Other – working with KCAG to allow regular remote viewing and participation meetings, working with the City Clerk to prepare for the upcoming “Chat with Council” Q&A sessions, Requested AT&T to repair a downed service line at Veterans Hall after a windstorm, looking at ISP alternatives for Veterans Hall and day to day activities.

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

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

B. Special Presentations/Reports:

1. Avenal Landfill Quarterly Report: George Anderson, Site Manager.

George Anderson, Site Manager reported the following: 1) Tonnage 30,000; 2) mulch to covers 134.81 tons on the side, it would be very minimal and not very noticeable so we're going to keep stockpiling for a while maybe 300 tons or before we start putting on to the northeast corner of the western front. We will start to notice it a little bit better which left very transit board 1644.77 tons job is pretty much the activity for the waste of landfill for Q1; 3) they had exciting stuff happened and reported that their fence project went up and there has not been any vandalism, any cut fences or anything which good and do not have to make repairs. Also, received a tree grant for 55 pine trees that we were able to obtain we're going to continue the South end of the landfill with the pine trees will cover grounds. Also, thanked Mrs. Verdugo for an awesome Easter Event at the park.

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 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 Verdugo to approve the Local Emergency and discontinue enforcement to mask mandated, seconded by Councilman Gravelle, and carried.

Roll Call Vote:

AYES: Verdugo, Gravelle, Ramirez.

NOES: Hernandez, Preciado.

ABSENT: None.

ABSTAIN: None.

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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:

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

Roll Call Vote:

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

NOES: None.

ABSENT: None.

ABSTAIN: None.

A. Review Assembly Bill 481- New Policy – Military Use Equipment: Kevin Carr, Captain (I) Kevin Carr, Captain (I) reported that 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. The Draft for the new policy was posted on our website March 14, 2022. The draft policy is attached for review, discussion and consideration of council to approve. • AB 481 requires a policy to be in place and annual reporting of any military use equipment. x Governing body (City Council) will approve the military use equipment annually and new equipment • A report will be given to city council annually on the use of military use equipment within the city x AB 481 also requires the use of allied agency equipment likely to be used to be listed in our policy as well. Due to the SWAT MOU with KCSO their equipment is listed as well in a separate section, specifically outlining it is not our equipment and there is no fiscal impact to the City of Avenal. The use of this equipment will also be reported to City Council on an annual basis with our equipment use as stated above.
• Our Military Use Equipment: Command Post, Less Lethal Shotgun, Drones.

Moses Diaz, City Attorney reported, that just to add to that unfortunately this bill is specific on how it's supposed to be approved must be done by ordinance and must be done at a regular meeting. All the jurisdictions are doing public hearing so that's why Captain Carr mentioned that it's going to be noticed for public hearing. So, it has already been posted on Police Department's website he thinks since March correct me Captain Carr “mentioned yes, since March 14th” So, there is a 30 day, and it has to be posted before it comes to City Council and that has been satisfied. The next step the process that will be the public hearing for the next council meeting. That's where we are on, but it is kind of a strict process this policy will be brought to the City Council annually and anytime any new equipment and new military equipment has to come before City Council. And lastly thing he mention that Captain Carr had mentioned to him which is most of the equipment here is from County swat it's listed on here as a precaution because the county is undergoing their own 481 process you know the County Sheriff's Department, they have jurisdiction inside and outside of cities tribal lands and everything within the boundaries of their County. Also, wanted to inform that this process is moving forward, and Captain Carr has been coordinating with me and City Clerk. No action today and public hearing for the next meeting.

The City Council consensus to notice this for Public Hearing and bring to the next City Council meeting.

NEW BUSINESS:

A. Consider Quotes for Installation of Generator at the Veterans Memorial Hall and Approve Installation Vendor - Resolution 2022-22: Scott Davis, Public Works Supervisor.

Scott Davis, Public Works Supervisor reported that the city received a grant from the California Office of Emergency Services to purchase and install an emergency generator at the Veterans Memorial Hall. Staff received two (2) quotes for the installation of the generator they are as follows.

April 28, 2022 Pg. 10
Joint Meeting City Council/Successor Agency/PFA - April 14, 2021

Page 5 of 5 ends

1. Trull Electric Inc. $21,925.00

2. Solomon Electric Inc. $23,800.00
Staff is requesting to approve by resolution and authorize the City Manager to entre an agreement with Trull Electric Inc. for Installation of Generator at the Veterans Memorial Hall for an amount not to exceed $21,925.00.

After a brief, discussion the following action was taken:

RESOLUTION 2022-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TRULL ELECTRIC, INC. A motion was made by Councilman Gravelle, seconded by Councilman Verdugo, and carried.

Roll Call Vote:

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

NOES: None.

ABSENT: None.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Councilman Verdugo commented the following: 1) The City had an event at the park, and it was very successful like everybody said, but he was extremely disappointed because there were not one city staff that wanted to work to help with this event. Also, from his understanding there is no city policy or anything that tells staff that they must work for a city event. There needs to be a policy established that requires staff to work if there are no volunteers for city and put two or three individuals to work; 2) Food distribution that the city helps it was established by Councilman Hernandez. It was mentioned that they’re going to have volunteers not city staff.

The city was kind enough to let couple city staff help and need to look at that; 3) The City of Avenal hired a new Code Enforcement Officer he had training and has yet to see him out on the street and his understanding is that he’s doing work inside the office at City Hall. His concerns is that he was hired to be a Code Enforcement Officer not a Building Department Assistant.

Antony Lopez, City Manager reported the following: 1) he will be back from vacation and ready to get back to work; 2) he would be more than glad to sit down and chat with Councilman Verdugo discuss concerns. The food distribution is technically Rotary’s event it is a struggle with older populations who volunteer in help and staff that participate has been drastically reduced. This is something we've been working on weaning off. The reassignment for the second Code Enforcement Officer because of new developments happening in town there's an influx of building being done and staff that's been out on sick leave we're trying to just put out the fires where we can. He appreciates the concern and be happy to follow up on all those items.

Mayor Pro Tem Ramirez reported the following: 1) future agenda items city properties that were discussed.

Mayor Preciado reported the following: 1) Old Timers coming next weekend; 2) Study Session for second source of water; 3) well to treat well water and use to supply the southeast side of Avenal; 4) continue the dialogue with Avenal State Prison and elected officials regarding water allocations for the Avenal State Prison; and 5) Also needs Economic Development to grow and focus on those empty properties along the skyline in the business district that I've been there for 40-plus.

Councilman Verdugo announced that April 23rd at 9:00 AM at the park there's adopt a tree program that's coming out of Fresno Veronica Aguirre organizer has to give 55-gallon trees available at the Rice Park. Also, gave 15- tress to Landfill and 2-tress to Avenal Museum and trees are still available.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 8:54 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
April 28, 2022 Pg. 11
April 28, 2022 Pg. 12
April 28, 2022 Pg. 13
April 28, 2022 Pg. 14
April 28, 2022 Pg. 15
April 28, 2022 Pg. 16
April 28, 2022 Pg. 17
April 28, 2022 Pg. 18
April 28, 2022 Pg. 19
City of Avenal
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. 5. C
TO: Honorable Mayor and City Council
FROM: Antony V. Lopez, City Manager & Scott Davis, Public Works Supervisor DATE: April 20, 2022
RE: Consider SB 1 Project List for Road Maintenance and Rehabilitation Account Funding "The Road Repair and Accountability Act of 2017" INFORMATION:

The purpose of this report is to seek compliance with the State's accountability requirements for the use of SB1 funds. In Fiscal Year 2022/23, the City of Avenal expects to receive approximately $353,431 in SB1 funds and, according to California Department of Finance estimates, total funding in the amount of $4,346,170 over a ten-year period.

On April 28, 2017 the Governor signed Senate Bill1 (SB1), "The Road Repair and Accountability Act of 2017". Starting in November 2017, this bill began to generate new revenue for state and local transportation projects through increases in gasoline and diesel fuel excise tax, along with an increase in vehicle registration fees. Portions of the revenues will be directly allocated to cities for pavement maintenance, safety improvements, and "complete streets" (enhancing facilities for walking and bicycling). Other funding will be available on a competitive basis.

In order to receive direct allocations of annual SB1 revenues, all cities must adopt a City Council Resolution and submit a list of projects to the California Transportation Commission (CTC) by July 1, 2022, with information regarding the proposed use of funds related to location, scope, cost and expected useful life of the project.

SB 1 PROJECT LIST:

The SB 1 Project list was developed by Rob Williams, Public Works Director, Scott Davis, Public Works Supervisor, with assistance from Brian Skaggs, City Engineer. The proposed list for FY 2022/23 is as follows: Avenal Cutoff Road Reconstruction (4,500,000)
Since the California Transportation Commission is requiring annual reporting before the FY 2022/23 City Budget review, if the project list is approved by the City Council, FY 2022/23 budget will include revenues and expenditures for use of SB 1 funds received.

The proposed action is not a project under the California Environmental Quality Act (CEQA) as it is an administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guidelines Section 15378).

RECOMMENDATIONS:

1. By motion, approve the FY 2022/23 City Streets Budget, Fund 30, to include SB 1 Revenues (estimate of $353,431); and, Street Expenditures of SB 1 (in an amount not to exceed estimated funding by the State). Funds shall be used for SB 1 Projects as noted and included in (Attachment "A"); and,

2. By Resolution, approve the SB 1 Project List and forward to the California Transportation Commission no later than July 1, 2022.
.

April 28, 2022 Pg. 20

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2022-23
FUNDED BY SB 1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT OF 2017
RESOLUTION 2022-____
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive and estimated $353,431.00 in RMRA funding in Fiscal Year 2022-23 from SB1; and WHEREAS, this is the sixth year in which the City is receiving SB1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community's priorities for transportation investment; and
WHEREAS, the funding from SB1 will help the City maintain and rehabilitate multiple streets/roads, add active transportation infrastructure throughout the City this year and many similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an "at-risk/poor" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a "excellent/good" condition; and WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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 April 28, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
April 28, 2022 Pg. 21
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

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

2. The fiscal years 2022/23 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues include:

Avenal Cutoff Road Project: Avenal Cutoff Road from SR 269, east to California Aqueduct overcrossing. Grind and Remove 45,000 sq. yards of 2 ½" asphaltic concrete; and 15,000sq. yards of extremely damaged areas; install 60,000 sq. yards of 2 ½" asphaltic concrete; haul, place and compact 45,000 sq. yards of asphaltic concrete grindings on shoulder of road; and striping of roadway. Commence project March 2025; and complete June 2027. Project life: 20 Years.

3. Authorized the City Manager and relevant City staff to conduct the terms and conditions of this resolution and to take all steps necessary, proper and/or convenient and/or incidental thereto.
************** ** * *
April 28, 2022 Pg. 22
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. D
TO: Honorable Mayor and City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY Scott Davis Public Works Supervisor
DATE: April 25, 2022
RE: Quotes for Replacing Electrical Subpanel and adding 22 Quad Outlets in the Veterans Memorial Hall
INFORMATION:

Staff met with Trull Electric Inc. at the Veterans Memorial Hall to discuss installing more electrical outlets in order to use the Vets Hall as a cooling/ heating center during power outages. It was recommended that the existing electrical subpanel would need to be replaced due to not having enough space and the Zinsco breakers being outdated and becoming a fire risk and insurance liability. With the scope of the project increasing Staff receive more than one quote for the work. The quotes are for the replacement of the panel and adding 22 quad outlet boxes to the building.

1. Trull Electric Inc. $28,181.00

2. Solomon Electric Inc. $29,700.00
RECOMMENDATION:
1) By Resolution, authorize the City Manager to enter into an agreement with Trull Electric Inc. for the installation of a new subpanel and 22 quad outlets in the Veterans Memorial Hall.

FISCAL IMPACT:

Funds to come from the CAL-OES Grant Account 10.10.5500-726. No impact to the Budget.

April 28, 2022 Pg. 23
City of Avenal
919 Skyline Blvd.

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

BEFORE THE CITY COUNCIL OF THE CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY OF

AVENAL AUTHORIZING CITY

MANAGER TO ENTER INTO

AGREEMENT WITH TRULL
ELECTRIC, INC. FOR ELECTRICAL

WORK SERVICES
RESOLUTION 2022-____
WHEREAS, the City of Avenal received a grant from California Office of Emergency Services to install more electrical outlets for the Veteran Memorial Building; and
WHEREAS, the need for new subpanel and 22 quad outlets is for in case of a disaster/emergency residents have a safe/secure place to charge phones, rest and cooling facility
WHEREAS Staff obtained two quotes and the most responsible bidder is Trull Electric, Inc.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Avenal held on April 28, 2022, by the following vote:

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 April 28, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
April 28, 2022 Pg. 24
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. D
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

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

2. City of Avenal received a grant from California Office of Emergency Services to install said materials;

3. The lowest responsible bidder is Trull Electric, Inc.;

4. City Council of the City of Avenal does hereby authorize the City Manager to enter into agreement with Trull Electric, Inc not to exceed $28,181.00; and

5. Authorize the City Manager and relevant city staff to conduct the terms and conditions of this resolution and take all proper steps necessary and/or convenient and/or incidental thereto.

April 28, 2022 Pg. 25
Estimate
Trull Electric Inc #1O4772O
720 Seville Couft
Lemoore Ca 93245
City of Avenal
919 Skyline Blvd.

Avenal CA 932O4
ATTN: Scott Davis
Please sign, daE and
trul lelectric@comcast net
Ph & Fax: (559) 92+1004
Estimate # Date
3 /29/2022
Oescription Total
Electrical work at Veterans Hall:
-replace existing Zinsco subpanel in rear of auditorium, replace with new SquareD 60space interior subpanel (to
provide additional space for new circuits, and to remove Zinsco breakers which are increasingly considered a flre risk and/or insurance liability) -install surface mount conduit, boxes, wiring and outlets along interior walls of auditorium to add 18 dedicated 20AMP/12Ovolt circuits for quad outlet wallboxes (exact locations TBD)
--install surface mount conduit, boxes, wiring and outlets along kitchen countetop walls to add 4 dedicated 20AMP/12ovolt circuits for quad outlet wallboxes (exact locations TBD)

PLEASE NOTE
Price includes Permit from COA
Trull Electric inc not responsible for any engineering.

Not responsible for logistics/material delays/Covid19 delays or unforeseen circumstances that might delay project.

City of Avenal responsible for DIR compliance; Tnrll Electric will keep certified payroll records.

PI-EASE NOrE: Ttu Elecdc lnc no, r€lrporr.tbl. for petni,s., eoglneotng, TNe 21 compttrnce orurwn b,l.Ufuol prico lncroEsos due lo marLe, volaallt y.

Pica good lor U hours. fru E,€E.,ic tnc Dol rE4sponsiua ,ot .ny ye.axls'J,ng el€ftriiet ls3uas not gp..ificarry addt?€s€d in ahls es0fia,€-
Prcgress ptyments to D9 mrde rs erect-crl vg.r< is cofiplew.

All changes to bo made in *iting, slgnd and &dTrull Electic lnc not 'gspo,riible lgr lulgqs or md&, frull El*trlc lnc agr"os to inddnrrffy el*dcal *o* perfo.,rcat W ftult Elocdc ,nc $.t i,s.g9ob ot ly. 28,181.00
retu
Total $28,181.00
April 28, 2022 Pg. 26
3129122, 1:31 PM
Ite n'r N.rme
t*o*o* sf,ucTBrc*. Proposa I
Print Document
Proposal Number:

Proposal Date:

Payment Terms:

ProposalAmount:

Created By:

Solomon Electric & Data lnc.

CA Lic. #935229 C-10
?O Box 2027
Crescent City, CA 95531
Mobile Phone: (5 5 9) 892-8879
[email protected]
Billing Address
City Of Avenal - PW
919 Skyline Blvd
Avenal. CA 93204
Mobile Phone: +1 1559].362-O4OL
E220325791
Ma( 25,2022
Payment 30 days after
invoice date

29.700.OO
Paul Lusich
Electrical
Electrical work at Veterans Hall:

Remove and replace existing Zinsco subpanel in rear of auditorium, replace with new Square D sixty (50) space NEMA 1 sub-panel. lnstall surface conduit, boxes, wiring and outlets along interior walls of auditorium to add eighteen (180 dedicated 12Ov 20a circuits for double duplex ("quad") receptacles (exact locations TBD).
lnstall surface conduit, boxes, wiring and outlets along interior walls of auditorium to add four (4) dedicated 120v 20a circuits for double duplex ("quad") receptacles (exact locations TBD).

We understand this is a DIR compliant project and will maintain and provide certifred payroll. City of Avenal is responsible for all other DIR compliance paperwork.

EXCLU DES: permits and/or engineering.

Job Name
Electrical Panel Replacement and New Circui

1.00 29,700.OO
Quentity Unit Price Total
29,700.N
httpsJ/vrew.invoiceasap.com/print.php?invoiceid=8l38p16cve&show_attachod_images='l&forpackingslip=o I
I
I
.t April 28, 2022 Pg. 27
t3
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. 5.- E
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: April 28, 2022
RE: Consider Entering into an M.O.U. with Avenal Rotary Club for 2022 Old Timers’ Day Festival
INFORMATION:

For over three decades, the Avenal Old Timers’ Day has been a premier event in Avenal hosted by the local Avenal Rotary Club. The festivals activities have included closing down Kings Street for the annual parade and activities at Rice Park which include: bounce houses, food vendors, raffles, contests, tournaments, and many more activities.

Old Timers’ Day staple of Avenal’s culture and a long-lasting tradition, Staff is seeking formal consent by Council to collaborate and commit resources to this event in collaboration with Avenal Rotary.

Examples of potential resources being used are: City facilities (which now have a charge to non-profits), staff time to help manage certain activities, advertising the event, and city equipment.

Staff has prepared a basic M.O.U. to be signed by both the City and Avenal Rotary Club to begin the process of more formally recognizing the collaboration between both the City and Avenal Rotary Club, and authorizing the waiving of fees for City facilities.

RECOMMENDATION:

Staff is recommending, authorizing the City Manager to sign an M.O.U. with Avenal Rotary Club regarding the collaborations for the 2022 Old Timers’ Day Festival FISCAL IMPACT:

None. This event was already budgeted by Community Activities. Small loss in revenue by waiving the rental fees for City facilities and overtime from Public Works Staff.

April 28, 2022 Pg. 28

MEMORANDUM OF UNDERSTANDING

FOR USE OF CITY FACILITIES AND STAFF TIME
OLD TIMERS’ DAY FESTIVAL 2022
This AGREEMENT is made and entered into by the City of Avenal and Avenal Rotary International Club (Rotary), to establish partnership on a yearly event – Old Timers’ Day held between April 29th – May 1st 2022.

WHEREAS, the Old Timers’ Day Festival will been organized and sponsored by Rotary every year and; WHEREAS, Rotary in collaboration with the City of Avenal will coordinate event providing free facilities for use, and staff time as feasibly possible;
NOW THEREFORE, City of Avenal and Rotary, enter into this agreement.

Staffing: Rotary will manage the event site during use and assist possible by assigning volunteer staff to the location.

Also, request to the City Manager or Community Activities Supervisor for staff help when need on-site during the Old Timers’ Day Festival.

Costs: All reasonable and eligible costs associated with this event and the operation of the Old Timers’ Day Festival area that include City facilities, equipment and associated systems directly related to their use in support of the event will be waived for consideration at the discretion of the City Manager.

Recordkeeping: Daily logs showing hours worked and equipment and materials used in this event will be kept by both Rotary and the City for purposes of accounting and record keeping.

Insurance: Both of the Parties to this Memorandum of Understanding agrees to indemnify and hold the other Party harmless from and against any and all loss and damage, and any and all claims, demands, suits, liabilities and payments, including cost of defense, arising in whole or in part, out of the negligent act or omission of the party, its officers, employees, agents or subcontractors, or the negligent act or omission of any person for which a party or subcontractor is held liable.

Required Insurance – A Commercial General Liability coverage form at least as broad as ISO form CG 00 01 with limits of liability of no less than $500,000 per Class I event and $1 million for Class II – V events from a California admitted insurance company with an AM Best rating of no less than an “A VII” (subject to approval of the City), with the City of Avenal listed as an Additional Insured with Endorsement(s).

However, if any losses, damages, claims, demands, suits, liabilities and payments, including cost of defense, arise out of or result from the concurrent negligence of both parties, their officers, employees, agents, subcontractors or any other person for which a party is held liable, this indemnity provision shall be valid and enforceable only to the extent of the negligence of any indemnitor's officers, employees, agents, subcontractors, or any other person for which an indemnitor is held liable.

Amendments: This agreement may be amended at any time by signature approval of the parties' signatories ortheir respective designees.

Termination of Agreement: Each Party may withdraw at any time from this MOU, except as stipulated above, by transmitting a signed statement to that effect to the other Party. This MOU and the partnership created thereby will be considered terminated thirty (30) days at the conclusion of the final event of the 2022 Old Timers’ Day Festival activities Capacity to Enter into Agreement: The persons executing this MOU on behalf of their respective entities hereby represent and warrant that they have the right, power, legal capacity, and appropriate authority to enter this MOU on behalf of the entity for which they sign.

ROTARY CLUB CITY OF AVENAL

Cheryl L. Tuttle Antony V. López, City Manager

CITY OF AVENAL

NOTICE OF PUBLIC HEARING ON

PROPOSED INCREASES IN WATER AND SEWER RATES
To comply with Proposition 218 (California Constitution Article XIIID, Section 6), the City of Avenal gives the following notice.

Public Hearing: At 5:15 p.m. (or thereafter) on Thursday, June 23, 2022, at the Avenal Theater & Event Center, 233 E. Kings Street, Avenal, CA, the Avenal City Council will hold a public hearing on proposed increases in rates for water and sewer service, and to hear and consider objections and protests to the proposed increases described in this notice. Access to the meeting is also available by phone or internet, with specific connection information to be on the City Council Meeting agenda, made available on the City’s website (www.cityofavenal.com) to the public prior to the hearing.

Rate Study Report: A Rate Study Report by IGService, dated April 19, 2022, describing details of the water and sewer rate changes and the method used to calculate the rate changes has been prepared, and the contents submitted to the City Council. The report is available at City Hall and can also be found on the City website.

Amount of Proposed Modified Rates: Existing and proposed rates are included in this Notice. For a typical home using 9,000 gallons per month, the monthly water cost will increase from approximately $51 to $58, and the sewer cost will increase from approximately $15 to $25. Combined, the increase for a typical home will be approximately $17 per month.

Reason for the Needed Increase in Water and Sewer Revenue: For water, the primary reason for the needed overall revenue increase is to cover increasing expenses to provide safe and reliable water to Avenal’s residents, and further to meet bond requirements. For sewer, the overall revenue increase is needed primarily to cover ongoing inflation. For both water and sewer, cost-of-service adjustments have been made for more fairness across customer classes. For example, some multi-family customers may see a decrease in water costs, and Avenal State Prison will see a decrease in sewer costs. Details of the rate changes for both water and sewer can be found in the Report. Revenue from the modified rates and charges will not be more than the funds required for the City to provide adequate service. Specifically, the proposed rates do not exceed the proportional cost of providing each service.

Procedure for Hearing and Determining Majority Protest: At the time stated above in this Notice, the Council will hear and consider all objections and protests, if any, to the proposed increases and other matters described in the Report. The Council may continue the hearing from time to time. At the close of the hearing, if written protests against the proposed increases are presented and not withdrawn by a majority of the record owners (or customers-of-record) of the parcels which would be subject to the increases, the City may not impose the increased water and sewer rates; instead, rates would continue at their existing levels. If, at the close of the protest hearing, there is no majority protest as described above, the Council may approve the increases, as proposed, or as changed by the Council, to be effective July 1, 2022.

How to Submit a Protest. Protests may be submitted by the record owner or tenant who is a customer-of-record of the parcel and subject to the proposed rates, but only one protest per parcel will be counted. Written protests must contain a clear statement that it is a protest against the proposed increases, identify which utility (i.e. water, sewer, etc.) increase is protested and it must include the name of the owner or customer of record, a description of the parcel or parcels (Assessor’s Parcel Number or street address) and an original signature of the owner or customer of record. Written protests regarding the proposed rate changes may be mailed or personally delivered to: City of Avenal, City Clerk, City Hall, 919 Skyline Blvd., Avenal, CA 93204. To be valid, a protest must be in writing and received by the City Clerk at City Hall no later than 4 P.M. on the date of the hearing or, if presented at the hearing itself, before the close of the public hearing on June 23, 2022. Fax or e-mail protests, and copies of protests, are not acceptable and will not be counted.

Preserving the Right to Challenge: Separate from the right to file a protest, any person who wants to preserve the opportunity to file a lawsuit challenging the proposed increases, if imposed, or other matters described in the Report, must state the specific grounds for the objection, and submit that objection in writing prior to or during the public hearing, or orally during the public hearing. Any grounds not provided and received before the close of the public hearing on June 23, 2022, will be deemed waived and may not be raised in any subsequent lawsuit.

Additional Information: Please direct questions about the proposed rate proceeding to Angie Ortiz, City Clerk, at (559) 386-5782, or by email to [email protected]. .

April 28, 2022 Pg. 30
Water: Proposed water rates are reflected in the table below. Year 1 will start in July 2022. The total water service utility rate includes both the base meter rate plus a metered rate (which is multiplied by the quantity of water used) and is invoiced on a monthly basis.

Sewer: Proposed sewer rates are reflected in the below table and are fixed based upon the type of customer (i.e. residential, school, etc.). The proposed sewer charge will be a flat fee for each separate residential occupancy unit which is connected to the City’s sanitary sewer collection system. This means that each unit within a multi-unit apartment will be subject to a separate flat sewer fee. Non-residential customers who utilize less than 4,000 gallons of water each month will pay a lower flat fee than the higher flat fee used by other non-residential customers since it results less sewage to be treated.
7/1/2023 7/1/2024 7/1/2025 7/1/2026
Effective
7/1/21
Percent
Change New Rate 8% 8% 8% 8%
Volumetric Rates
All metered water ($/HCF) $2.02 22% $2.47 $2.67 $2.88 $3.11 $3.36 All metered water ($/TG) $2.70 22% $3.30 $3.57 $3.85 $4.16 $4.49 Fixed Monthly Charges ($/Mo)
Single-Family Dwellings:
5/8" Meter $26.29 6.5% $28.00 $30.24 $32.66 $35.27 $38.09 1" Meter $65.73 -57.4% $28.00 $30.24 $32.66 $35.27 $38.09 Multi-family Per Living Unit $26.29 -31.5% $18.00 $19.44 $21.00 $22.68 $24.49 Avenal State Prison $6,309.84 340% $27,763.00 $29,984.04 $32,382.76 $34,973.38 $37,771.25 All Other Customers:
5/8" Meter $26.29 6.5% $28.00 $30.24 $32.66 $35.27 $38.09 1" Meter $65.73 0% $65.73 $70.99 $76.67 $82.80 $89.42

1.5" Meter $131.45 0% $131.45 $141.97 $153.33 $165.60 $178.85 2" Meter $210.33 0% $210.33 $227.16 $245.33 $264.96 $286.16 3" Meter $420.65 0% $421.00 $455.00 $491.00 $530.00 $572.00 4" Meter $657.27 0% $657.00 $710.00 $767.00 $828.00 $894.00 6" Meter $1,314.55 0% $1,315.00 $1,420.00 $1,534.00 $1,657.00 $1,790.00 8" Meter $2,103.27 0% $2,103.00 $2,271.00 $2,453.00 $2,649.00 $2,861.00 Effective 7/1/2022
Proposed Rates
City of Avenal Water Rates and Charges
Current Rates
April 28, 2022 Pg. 31
7/1/2023 7/1/2024 7/1/2025 7/1/2026
Effective
7/1/2021
Percent
Change New Rate 3% 3% 3% 3%
Residential Customers
Fixed monthly charge for SingleFamily Residential and MultiFamily Residential for each unit $15.47 65% $25.60 $26.37 $27.16 $27.97 $28.81
Non-Residential Customers
Non-residential customers with
average annual water usage less
than four thousand gallons per
month (535 cubic feet)
$50.18 -49% $25.60 $26.37 $27.16 $27.97 $28.81
Non-residential customers with
average annual water usage equal
to or more than four thousand
gallons per month (535 cubic feet)
$50.18 53% $76.80 $79.10 $81.47 $83.91 $86.43
Schools (per student)
Elementary Schools $0.20 250% $0.70 $0.72 $0.74 $0.76 $0.78 Middle School $0.20 355% $0.91 $0.94 $0.97 $1.00 $1.03
High School $0.20 425% $1.05 $1.08 $1.11 $1.14 $1.17
Avenal State Prison $96,608.22 -24% $73,125.00 $75,318.75 $77,578.31 $79,905.66 $82,302.83 Note: The City recommends the installation of separate landscape water meters exempt from the calculation of sewer charges for commercial customers. Customers may also submit written requests to the city manager for the lower sewer rate provided they can demonstrate water usage above 4,000 gallons per month average is being used for landscape purposes.

City of Avenal Sewer Rates and Charges
Current
Monthly
Rates Effective 7/1/2022
Proposed Monthly Rates
April 28, 2022 Pg. 32
15 Shasta Lane, Walnut Creek, CA 94597 Office: 925-946-9090 Cell: 925-899-2578 Email: [email protected] Water and Wastewater Financial Analysis and Rate Study
For
City of Avenal
April 19, 2022
Dan Bergmann, P.E.

Principal
April 28, 2022 Pg. 33
1 Water and Wastewater Financial Analysis and Rate Study For
City of Avenal
I. Purpose .................................................................................................................................... 2 II. Approach to Setting Rates ........................................................................................................ 2 III. WATER RATE STUDY............................................................................................................. 3 IV. Water System Capital Improvements........................................................................................ 3 V. USBR Water Supply Contract ................................................................................................... 3 VI. Water Revenue, Expense, and Fund Balance........................................................................... 3 VII. Existing Water Rates ................................................................................................................ 5 VIII. Cost-of-Service Analysis ........................................................................................................... 5 IX. Proposed Water Rates.............................................................................................................. 8 X. WASTEWATER (SEWER) RATE STUDY.............................................................................. 10 XI. Sewer System Capital Projects ............................................................................................... 10 XII. Sewer Revenue, Expense, and Fund Balance ........................................................................ 10 XIII. Existing Sewer Rates.............................................................................................................. 11 XIV.Cost-of-Service Analysis and Proposed Rates........................................................................ 12 XV. CONCLUSION: Effect on a Typical Residential Customer................................................ 15 XVI.ATTACHMENTS..................................................................................................................... 16 A. Water Revenue, Expense, and Fund Balance Table (Historical and Projected)............... 16 B. USBR Projected Water Costs for FYE 23 ........................................................................ 17 C. Water Cost of Service Allocation Model........................................................................... 18 D. Water Cost of Service Allocation Model (Cont.) ............................................................... 19 E. Water Cost of Service Allocation Model (Cont.) ............................................................... 20 F. Modeling to Set Fixed and Volumetric Rates ................................................................... 21 G. Present and Proposed Water Rates ................................................................................ 22 H. Sewer Revenue, Expense, and Fund Balance Table (Historical and Projected) .............. 23 I. Detailed Calculations for School Sewer Rates per Student.............................................. 24 J. Sewer Cost Model (Existing and Proposed Revenue by Customer Class)....................... 25 K. Present and Proposed Sewer Rates................................................................................ 26 L. Proposition 218-Compliant Rate Increase Notice (Draft).................................................. 27 April 28, 2022 Pg. 34
2 I. Purpose
The purpose of this cost-of-service rate study is to evaluate the water and wastewater (sewer) enterprise funds to reset rates such that revenue is adequate for safe and reliable operation into the future. The approach to setting rates is outlined in this study. This work complies with the requirements of California’s Proposition 218 when raising water and sewer rates. In general, this means:
• A rate study is conducted to support the revenue needed for each enterprise fund.
• Each customer group pays its proportionate share of costs. • Revenue from rates from each enterprise fund is used only for that fund’s purposes.
• Customers are notified in writing of the rate increases, the reasons why, information about the rate hearing that will be held after 45 days, and that they may protest in writing.
• If more than 50 percent of customers (parcel owners) protest, the increase may not happen.

II. Approach to Setting Rates
This report includes two rate studies, one for water and another for wastewater (sewer). Each enterprise fund is handled separately; however, they are both conducted in the following sequential steps.

1. Audited financials are reviewed to observe history of revenues, expenses, and changing fund balances.

2. Accounting reports are reviewed to bridge the time frame between the end of the last audit and into the current fiscal year. The budget is reviewed for the current fiscal year and next fiscal year, when available.

3. Operating expense projections are developed for the next five years.

4. Billing data is related for all billing cycles, including all customers from the most recent complete fiscal year. Billing data is reconciled to audited financial values and accounting reports, as appropriate.

5. Billing data is divided into appropriate customer classes to determine revenue collected from each customer class.

6. Cost of service modeling is done to assign overall costs between defined customer classes, based on system costs to serve each customer class.

April 28, 2022 Pg. 35
3 7. Rate models are constructed for each enterprise to achieve the revenues needed for FYE 23 based on the revenue and expense workbooks, including debt service associated with bond funding. The models demonstrate that established rates achieve the revenue needed for each customer class.

III. WATER RATE STUDY
IV. Water System Capital Improvements
Many aspects of the water system have aged and needs repairs or replacement. Over the past year, the city has been able to cover some project costs by utilizing funding from the federal government through The American Rescue Plan Act of 2021 (ARPA). However, those funds are not enough for ongoing improvement needs of the water system. Two example projects are as follows. The State Water Resource Control Board has notified the city that it is currently in violation of the maximum allowable limit for Total Trihalomethanes (TTHM); therefore, the city must modify and improve its water treatment process to comply. Secondly, the Supervisory Control and Data Acquisition (SCADA) system at the water plant is outdated to the point where replacement parts are not available. The SCADA system must be updated in the next few years. Each of these project will be in the $1 million to $3 million range and must have funding available. From this rate study, revenue is planned over the five-year rate-setting period to allow for $2.6 million in water project expenditures.

V. USBR Water Supply Contract
Avenal receives its entire water supply from the Central Valley Project operated by the United States Bureau of Reclamation (USBR). The “Water Infrastructure Improvement for the Nation Act of 2016” (WIIN Act) directed USBR to convert water service contracts to repayment contracts upon a contractors request. The WIIN Act allowed the City to enter a new agreement with USBR into “perpetuity,” meaning the new agreement has no termination date. However, one requirement for the new agreement was that the City pay USBR the full remaining balance of “Allocated Contractor Construction Costs” associated with the present USBR cost structure.

The payment made in 2021 was $407,597. The 2021 USBR rate structure included a cost component of $34.19 per acre-foot to pay for the past construction costs. The new agreement has the same rates as present, but without the construction cost component. Beyond the annual cash flow savings due to the removal of the construction cost component, the WIIN agreement benefits the City by guaranteeing a long-term supply of water from USBR. The stability of this agreement also helps with the acquisition of future debt funding, if needed, for the water system.

VI. Water Revenue, Expense, and Fund Balance
Water revenue and expense historical data is based on a combination of audited financials for FYE 19 and on unaudited trail balance data thereafter. (The city is still in the process of April 28, 2022 Pg. 36
4 completing its annual financial audits.) Water sale volumes over the past several years have been fairly constant. Water revenue has increased slightly each year because of the two percent annual increases beginning FYE 18 from the previous water and sewer rate study completed in November 2017. Projected volumes of wholesale water are held constant at 2,624 acre-feet (855 million gallons). Corresponding sales are based on 706 million gallons, as result of the present unbilled amount of 21 percent. See the Revenue section of Attachment A.

Water expenses have been increasing in various categories as shown in the expenses section of Attachment A. For the past few years, it appears the bond covenant has not been met, which requires Net Income Available for Debt Service to exceed debt service by a minimum factor of

1.25. Based on preliminary data for FYE 22, the ratio will be 0.52, which implies that net income was inadequate to cover debt service and therefore fund balance cash is used to cover debt.

Consequently, a rate increase is necessary to meet the existing bond covenant before an additional added rate increase increment to cover projected increased operating costs.

Projected expenses through FYE 27 include inflationary factors shown at the right side of the table in Attachment A. Most inflationary factors are three percent; however, personnel costs are shown at five percent based on increases in retirement funding, and electricity is at 15 percent, based on recent press releases from PG&E. The pie chart at the top of the next page shows the cost breakdown for a thousand gallons of water based on FYE 23 costs. The significant component is PG&E electricity because of the cost to pump water over the hill to Avenal from the water treatment plant. Electricity is the single largest cost component. There is no cost component shown for projects in the expenses section because projects will be funded from excess revenue resultant of debt service coverage and from excess fund balance. See the bottom section of the table regarding planned project funding. Monthly detail of projected USBR water supply costs is shown in Attachment B.

The Series 2005 Bond Debt Service schedule is shown at the bottom of Attachment A. The original principal amount of these bonds was $9,660,000. Remaining debt service payments average $302,000 per year through FYE 37. The required debt service coverage ratio is for net revenue available for debt service to be 1.25 times the annual debt service payment.

Revenue beginning in FYE 23 is increased to achieve healthy debt service coverage over the planning period. The result is an initial 18 percent increase to be effective July 1, 2022. This is necessary to achieve the required 1.25 debt service coverage ratio for the first planning year of FYE 23. For each of the next four years, subsequent eight percent increases are needed to cover the accelerated costs of inflation. These increases result in achieving debt service coverage ratios in excess of 2.00, safely above the requirement of 1.25, which also provide excess cash that will be needed for projects.

April 28, 2022 Pg. 37
5 The present water enterprise fund cash balance is estimated to be $2.7 million, as shown along the bottom line of the table. Projections of the fund balance allow for project spending of $500,000 per year, leaving the fund balance slightly lower at $2.1 million at the end of five years. However, $2.1 million is approximately six months of revenue and should be adequate for the cash reserve.

VII. Existing Water Rates
The existing water rate structure for the city was not altered in the 2017 rate study. The 2017 study increased overall rates two percent per year over that five-year planning period.

Presently, all customers pay the same volumetric rate of $2.02 per Hundred Cubic Feet (HCF), which is $2.70 per Thousand Gallons (TG). The fixed monthly cost increases are based on meter size except for multi-family customers who pay the standard cost of $26.29 for a 5/8-inch meter, multiplied by the number of units in each building supplied by a given meter. If a dedicated landscape meter also serves a multi-family unit, that fixed monthly charge is added.

Avenal State Prison pays the standard rate for each of its two 10-inch meters.

VIII. Cost-of-Service Analysis
Proposed water rates are adjusted to match the cost-of-service for four newly established customer classes appropriate to Avenal’s small size. Customer classes are Single-Family, Multi-Family, Commercial, and Avenal State Prison (CDC). The bar chart below shows the cost-of-service result for each customer class compared to the projected average cost of $5.28 per TG for the FYE 23 planning year.

April 28, 2022 Pg. 38
6 The cost-of-service analysis was conducted based on American Water Works Association Manual of Water Supply Practices “M1.” Defined cost components for Avenal are commodity, capacity, distribution, and billing & customers services. Cost allocation detail is shown in Attachments C, D, and E. Single-family customers have the highest average cost of service caused by the higher capacity component from summer peaking and the highest customer services cost. CDC has the lowest average cost because of a lower peaking charge, lower distribution costs, and lower customer services costs. The CDC cost-of-service amount is significantly below the average cost for the overall system, and all below other customer classes.

The bar chart below shows the present average contribution per TG from each customer class compared to the updated cost per TG.

April 28, 2022 Pg. 39
7 Most noticeable is that the present average contribution from CDC is significantly below both the system average and below the updated cost of service average for CDC. The present CDC contribution is disproportionately low because the proportion of fixed monthly contribution from CDC is much lower than other customer classes. Specifically, CDC moves a very large volume of water through its meters compared to the fixed monthly cost for the meters, which is just nine percent of the total. Whereas other customer classes pay a much higher proportion for the fixed cost. For example, residential customers pay 50 percent on average. This creates an inequity as a result of all customers paying the same volumetric price.

Second in significance is that the present contribution from multi-family is higher than the new cost-of-service average. This is because each unit in a multi-family dwelling is presently charged the fixed monthly rate of $26.29 for a 5/8-inch meter. The result is a contribution that is too high because water usage for a typical apartment or condominium is less than water usage for a typical home. This is especially true when a complex has separate landscape meters.

Third, though not illustrated in the bar chart, is that newer single-family homes are required to have one-inch meters to support fire systems therefore they are charged the cost for a one-inch meter, which is presently $65.73, or 2.5 times the cost for a 5/8-inch meter. The result is that customers with fire systems are paying significantly more for water service only because they have a fire system that will likely not be used. Additionally, if it were used, water flow through April 28, 2022 Pg. 40
8 the fire system could potentially place less demand on the water system because higher flow through hydrants may not be needed if the fire system extinguishes the fire.

IX. Proposed Water Rates
The combination of rate modifications to the four customer classes in the first year is an overall revenue increase of 18 percent, consistent with revenue requirement. Rate modifications in the first year vary based on output from the cost-of-service model. Rate increases in the second through fifth year are applied evenly to all customers based on the consecutive eight percent increases.

The approach to rate setting was to hold the volumetric rate constant for all customer classes, then adjust the fixed monthly costs to achieve equity across the customer classes. The proposed increase in the volumetric rate is 22 percent from $2.70 per TG to $3.30 per TG.

The monthly fixed cost for single-family customers is increased on average 6.5%; however, this includes a reduction for approximately 100 single-family customers paying the higher rate for one-inch meters. Those customers will see a significant reduction in their fixed monthly cost.

The overall increase to the single-family group is 14 percent, lower than the 18 percent revenue requirement increase because single-family and other groups were previously subsidizing CDC.

The monthly fixed cost for multi-family is reduced 32 percent to achieve the cost-of-service amount for multi-family. This means that whereas single-family homes will pay $28.00 per month in fixed costs, multi-family will pay a lower amount of $18.00 for each unit in a multifamily complex.

For commercial customers, which includes commercial, schools, city accounts, and irrigation (except CDC), the fixed monthly costs for increasing meter sizes are unchanged. The relatively lower revenue increases needed from these customers is achieved through the increased volumetric rate alone. This is favorable to water conservation, as customers that use less water will see the same fixed monthly cost but will pay more only for water volume.

Finally, the most significant change is for CDC. Whereas the volumetric rate for CDC (and all customers is increased 22 percent, the fixed monthly rate must be increased dramatically to accomplish the cost-of-service result. Presently, CDC pays for two ten-inch meters for a total of $6,310 per month. The proposed fixed monthly cost for CDC is $27,763 per month. This amount, combined with the increased volumetric rate results in an average contribution of $4.41 per TG, which is still significantly below the system average cost of $5.28 per TG.

The model used to allocate fixed and volumetric costs between customer classes is shown in Attachment F. A key component of this rate setting model is it first generates existing revenue based on the current rate structure, current customer count by meter size, and volumes sold over the FYE 22 baseline year. This confirms the model is valid to generate accurate revenue with modified rates.

April 28, 2022 Pg. 41
9 The rate table showing present and proposed rates is shown in Attachment G. Proposed increases for the second through fifth planning year are relatively high at eight percent per year.

These increases are driven primarily by PG&E press releases, supported by recent regulatory filings, that overall electricity costs will increase as much as 22 percent per year for five years.

The projected electricity increases in this rate study are lower at 15 percent, more appropriate to the industrial rate schedules serving the water plant. The recommendation is to accept the subsequent eight percent increases to cover increasing PG&E and other inflationary increases.

However, city council may reduce or waive entirely any subsequent increase by a simple majority vote. It is recommended that annual financial reviews be conducted of the water enterprise, focused mainly on the debt service coverage covenant requirement being met. If PG&E costs for Avenal do not increase at an average of 15 percent per year, and other water system costs do not increase as modeled, city council may potentially reduce the increases. A second significant variable to expense forecasts is that audited financial statements may reveal changes in cost from the unaudited data (FYE 20, 21, and 22) that may impact the need for rate adjustments.

Finally, the cost comparison on the next page shows Avenal on the upper end of cost compared to nearby communities. The first reason is that Avenal purchases more expensive water from USBR, like Coalinga and Huron, whereas the other communities benefit from well water. The second reason for Avenal is the high cost of pumping water over the hill from the water treatment plant to the city.

April 28, 2022 Pg. 42
10 X. WASTEWATER (SEWER) RATE STUDY
XI. Sewer System Capital Projects
Capital improvement needs for the sewer system are minimal compared to the water system.

Some projects have been completed over the past year using ARPA funds. The most significant planned project at the wastewater treatment plant is installation of photovoltaic electricity generation. This project is funded by grant money and some of the equipment, including the panels, are already on site. Completion of the solar project is important because of the large projected increases in PG&E electricity costs. Other improvement projects over the next five years are minor and do not require significant capital planning.

XII. Sewer Revenue, Expense, and Fund Balance
As with the water rate study, sewer revenue and expense historical data is based on a combination of audited financials for FYE 19 and on unaudited trail balance data thereafter.

Sewer revenue over the past five years has been increasing at approximately two percent per year, based on the 2017 rate study increases. Monthly revenue is constant because all customers are billed a monthly fixed cost. Detail of sewer revenues and expenses can be found in Attachment H.

Again, similar to the water rate study, electricity costs are escalated at 15 percent per year.

However, in the case of the sewer enterprise, the solar project is expected to offset 85 percent of future electric costs, beginning for FY 22/23. This annual offset is shown as a negative expense in the expense section of the table. Essentially, the higher PG&E electricity costs go, the more valuable solar becomes. Installation of the solar project allows for lower revenue increases going forward. (If the solar project is not installed and PG&E costs escalate at the 15 percent value used, the sewer enterprise fund is projected to consume $1.4 million of fund balance for additional PG&E electric costs not generated by solar.) The Avenal sewer enterprise fund has no long-term debt, therefore no debt service covenant for a coverage ratio. The present fund balance is healthy at approximately $3 million, which is 1.8 years of revenue based on present rates. Therefore, the basis for setting the ongoing overall revenue requirement is maintaining a responsible fund balance that will be needed eventually for capital improvement to aging infrastructure.

The recommended increases for sewer revenue over the five-year planning period are three percent per year, which are needed to keep up with inflation. If no significant projects are completed over the planning period, the fund balance is projected to be approximately the same at the end of five years. If projects happen, the fund can afford up to $1 million in project expenditures and still allow the remaining fund balance to cover a year’s revenue.

April 28, 2022 Pg. 43
11 XIII. Existing Sewer Rates
Like water rates, the existing sewer rate structure for the city was not altered in the 2017 rate study. The 2017 study only increased overall rates two percent per year over the five-year planning period. As Avenal is a small community, the sewer rate structure is simplified for ease of administration. All customers are on fixed monthly rates without ongoing measurement of volume or consideration of concentration of discharge.

The rate for single-family residential is presently $15.47 per month, which is the lowest of all surrounding communities. Multi-family residential pays $15.47 times the number off housing units in each complex. All other customers except schools and Avenal State Prison pay $50.18 per month.

The two elementary schools, one middle school, and one high school pay $0.20 per student per month. A review of the student count shows the current student count to be close to the implied count based on $0.20 per student. However, the total contribution from the four schools is presently only $487.60 per month because $0.20 per student is low for the costs associated with the schools
Avenal State Prison pays a fixed monthly rate of $96,608.22 and is the largest customer on the system. Influent from the prison is 50 percent of total influent into the wastewater treatment plant. This is significant because present revenue received from the prison represents 68 April 28, 2022 Pg. 44
12 percent of overall revenue to operate the sewer system. Accordingly, whereas the prison was subsidized by other customers in the water enterprise, the prison is subsidizing other customers in the wastewater enterprise.

All commercial and other customers pay $50.18 per month, regardless of size. In a small community, simplified rates are acceptable, but the city has received complaints from the smallest commercial customers that the rate is too high, especially where a small business may have only a bathroom and sink. The commercial rate of $50.18, at 3.2 times the residential rate, is relatively high for a very small customer.

XIV. Cost-of-Service Analysis and Proposed Rates
A simplified cost of service approach for the sewer system is to first assign 50 percent of projected system costs to Avenal State Prison, consistent with the prison contributing 50 percent of influent into the treatment plant. For the prison, this is a significant decrease from the previous contribution.

The cost to serve the schools increases from the rate from $0.20 per student per month to $0.70 for elementary, $0.91 for middle, and $1.05 for high school. Though the increase per student for the schools is significant, the overall change in revenue contribution to the system is small because there are only four schools. The small contribution of the schools (and commercial too) is shown in the bar chart below. The cost allocation to the schools increases from the April 28, 2022 Pg. 45
13 original small amount of $463 per month to a more proportionate $2,085 per month. The detailed analysis is in Attachment I.

The remaining cost is allocated between commercial and residential customers. The multiplier for commercial customers is reduced from 3.2 times the residential rate to 3.0. Further, the model is set such that the 40 commercial customers using water less than 4,000 gallons per month average pay the same as the new residential rate. This way small commercial customers using the approximate winter baseline water usage as a home pay the same as a home. The remaining 60 commercial customers use more water than 4,000 gallons per month and pay the higher commercial rate.

The new single-family baseline rate is determined to be $25.60 per month, and the new commercial rate is $76.80. These combined with the contribution from the prison and the schools provided the projected $1,755,000 needed for the FYE 23 planning year. The rate setting model is shown in Attachment J and the proposed rate table in Attachment K. As with the water model, the sewer model first calculates existing revenue based on customer counts and existing rates for the FYE 22 baseline year. This confirms the validity of the model for rate changed and future revenue projections.

Sewer rates are significantly modified in the first year, similar to water. However, the overall sewer revenue increases needed are much less than water because sewer has no debt service coverage requirement and sewer will have the benefit of solar power. After the first year, the April 28, 2022 Pg. 46
14 three percent increases to sewer rates will be applied evenly to each customer group. Finally, the financial status of the sewer enterprise should be monitored closely and especially checked as audited financial data become available for FYE 20 and forward. As with water, the city council may decide to suspend rate increases, however, this is less likely for sewer with only three present ongoing increases.

Though the single-family baseline rate is increased substantially from $15.47 to $25.60, the comparison analysis below shows Avenal’s proposed rates to be consistent with surrounding communities.

April 28, 2022 Pg. 47
15 XV. CONCLUSION: Effect on a Typical Residential Customer Increased operating costs necessitate the need for water and sewer rate increases. For the water enterprise, the increases are significant because existing revenue is inadequate to cover existing expenses and does not meet the debt service covenant of the 2005 bonds. Further, electricity costs are expected to increase substantially over the next several years. For the sewer enterprise, the proposed increases are less substantial, but still needed to keep up with inflation. Even so, the increase for single-family customers is substantial in the first year primarily to cover the subsidy previously provided by the prison. The bar chart below shows the impact on a median residential customer over the five-year planning period, including other utilities billed by the city of Avenal.

April 28, 2022 Pg. 48
16 XVI. ATTACHMENTS
A. Water Revenue, Expense, and Fund Balance Table (Historical and Projected) Yr 1 Yr 2 Yr 3 Yr 4 Yr 5
2019 2020 2021 2022 2023 2024 2025 2026 2027
Audited Unaudited Unaudited Projected Projected Projected Projected Projected Projected Increases: 18.0% 8% 8% 8% 8%
USBR Water Purchases (MG) 830 857 855 855 855
Total Operating Revenue $2,776,446 $2,904,000 $3,086,000 $3,148,000 $3,725,000 $4,023,000 $4,345,000 $4,693,000 $5,068,000 Operation & Maintenance Expenses: Inflation
Personnel 990,527 796,044 739,543 777,000 816,000 857,000 900,000 945,000 900,000 5% Operations 233,693 248,861 258,821 267,000 275,000 283,000 291,000 300,000 291,000 3% Chemicals 138,207 143,518 153,917 159,000 164,000 169,000 174,000 179,000 184,000 3% Professional Services 75,101 42,750 75,853 78,000 80,000 82,000 84,000 87,000 90,000 3% Franchise 84,172 87,506 93,789 97,000 100,000 103,000 106,000 109,000 106,000 3% Electricity 617,642 645,753 705,049 811,000 933,000 1,073,000 1,234,000 1,419,000 1,632,000 15% USBR Water Supply 215,297 312,973 417,685 406,000 396,000 408,000 420,000 433,000 446,000 3% USBR WIIN Act Contract - - 407,597 - - - - - - n/a
Administration 327,792 326,694 362,841 437,000 451,000 465,000 479,000 493,000 508,000 3% Depreciation & Amortization 525,542 517,533 - - - - - - - n/a Total Operating Expenses 3,207,973 3,121,632 3,215,095 3,032,000 3,215,000 3,440,000 3,688,000 3,965,000 4,157,000 Operating Income/(Loss) (431,527) (217,632) (129,095) 116,000 510,000 583,000 657,000 728,000 911,000 Non-Operating:

Connection Fees 26,463 5,705 24,238 20,000 20,000 20,000 20,000 20,000 20,000 Other Revenue 31,143 26,433 20,630 25,000 25,000 25,000 25,000 25,000 25,000 Interest Income 28,008 16,977 20,608 20,000 20,000 20,000 20,000 20,000 20,000 Interest Expense (183,268) (167,427) (174,305) - - - - - - Total Non-Operating (97,654) (118,312) (108,829) 65,000 65,000 65,000 65,000 65,000 65,000 Transfer In (Out) 21,044 0 0
Change in Net Position (508,137) (335,944) (237,924) 181,000 575,000 648,000 722,000 793,000 976,000 Debt Service Coverage Calculation:

Operating Income (431,527) (217,632) (129,095) 116,000 510,000 583,000 657,000 728,000 911,000Depreciation & Amortization 525,542 517,533 0 0 0 0 0 0 0 WIIN Contract One-Time Expense - - 407,597 - - - - - -
Other Revenue 31,143 26,433 20,630 25,000 25,000 25,000 25,000 25,000 25,000 Interest Income 28,008 16,977 20,608 20,000 20,000 20,000 20,000 20,000 20,000 Net Income Available for Debt Service 153,166 343,311 319,740 161,000 555,000 628,000 702,000 773,000 956,000Series 2005 Bond Debt Service (P&I) $310,339 $309,306 $307,851 $310,988 $308,500 $305,250 $306,500 $307,375 $302,875 Debt Service Coverage Ratio 0.49 1.11 1.04 0.52 1.80 2.06 2.29 2.51 3.16 Excess Cash After Debt Service ($157,173) $34,005 $11,889 ($149,988) $246,500 $322,750 $395,500 $465,625 $653,125 Project Portion From Rate Increase (247,000) (323,000) (396,000) (466,000) (653,000) (2,085,000) Project Portion Lowering Cash Balance (253,000) (177,000) (104,000) (34,000) (568,000) Total Project (500,000) (500,000) (500,000) (500,000) (653,000) (2,653,000) Ending Total Current Assets 2,866,040 2,900,000 2,912,000 2,762,000 2,509,000 2,332,000 2,228,000 2,194,000 2,194,000

AVENAL WATER ENTERPRISE FUND
For the Fiscal Years Ending June 30,
April 28, 2022 Pg. 49
17 B. USBR Projected Water Costs for FYE 23 Month AF Purchase Contract Rate Contract Total Restoration Rate Restoration Total Trinity Rate Trinity Total Total Jul-22 294 $27.73 $8,144.09 $22.46 $6,596.33 $0.15 $44.05 $14,784 $100.00 $29,369 Aug-22 279 $27.73 $7,738.17 $22.46 $6,267.55 $0.15 $41.86 $14,048 $100.00 $27,905 Sep-22 275 $27.73 $7,627.53 $22.46 $6,177.95 $0.15 $41.26 $13,847 $100.00 $27,506 Oct-22 240 $27.73 $6,665.90 $22.46 $5,399.07 $0.15 $36.06 $12,101 $100.00 $24,039 Nov-22 184 $27.73 $5,115.38 $23.00 $4,242.83 $0.15 $27.67 $9,386 $100.00 $18,447 Dec-22 177 $27.73 $4,911.14 $23.00 $4,073.43 $0.15 $26.57 $9,011 $100.00 $17,711 Jan-23 178 $27.73 $4,934.11 $23.00 $4,092.48 $0.15 $26.69 $9,053 $100.00 $17,793 Feb-23 157 $27.73 $4,360.54 $23.00 $3,616.75 $0.15 $23.59 $8,001 $100.00 $15,725 Mar-23 175 $28.00 $4,887.63 $23.00 $4,014.84 $0.15 $26.18 $8,929 $100.00 $17,456 Apr-23 204 $28.00 $5,709.11 $23.00 $4,689.63 $0.15 $30.58 $10,429 $100.00 $20,390May-23 223 $28.00 $6,232.42 $23.00 $5,119.49 $0.15 $33.39 $11,385 $100.00 $22,259Jun-23 238 $28.00 $6,669.80 $23.00 $5,478.76 $0.15 $35.73 $12,184 $100.00 $23,821Totals 2,624 $72,995.82 $59,769.10 $266.46 $133,159 $262,421 MG 855 $463.13 per MG
Projections $0.46 per TG
Combined Total
$396,000
2022/2023 City of Avenal USBR Water Cost Projections
SLDMWA
April 28, 2022 Pg. 50
18 C. Water Cost of Service Allocation Model
Cost Component ($/yr) Total SF MF Com CDC
Commodity $2,132,200 $682,114 $256,074 $303,994 $890,018 Capacity 673,800 306,441 78,641 93,040 195,679
Distribution 778,000 314,538 118,081 140,178 205,203
Billing & Customer Services 141,000 103,160 20,037 9,217 8,587 Total Revenue Requirement 3,725,000 1,406,252 472,832 546,429 1,299,487 Revenues at Present Rates 3,147,000 1,216,000 520,000 540,000 871,000 Balance/(Deficency) of Funds (578,000) (190,252) 47,168 (6,429) (428,487) Treated Water Sales (TG) 706,100 225,900 84,800 100,700 294,700 Cost of Service ($/TG) 5.28 6.23 5.58 5.43 4.41
Present Revenue ($/TG) 4.46 5.38 6.13 5.36 2.96
Change (%) 18.4% 16% -9% 1% 49%
Total SF MF Com CDC
Commodity $3.02 $3.02 $3.02 $3.02 $3.02
Capacity $0.95 1.36 0.93 0.92 0.66
Distribution $1.10 1.39 1.39 1.39 0.70
Billing & Customer Services $0.20 0.46 0.24 0.09 0.03
Total $5.28 $6.23 $5.58 $5.43 $4.41
New Average $5.28 $5.28 $5.28 $5.28 $5.28
Old Average $4.46 $4.46 $4.46 $4.46
Avenal Water Enterprise Revenue Requirement Allocation Table Summary Statistics
Cost of Service Detail by Customer Sector in $/TG
April 28, 2022 Pg. 51
19 D. Water Cost of Service Allocation Model (Cont.) Account Description FY22/23 Total Total (Calculated) Commodity Capacity Dist Billing & Customer Services Comments Plant - Personnel 353,000 353,000 247,100 105,900 - - 70/30 Split, based on overall system capacity factor of 1.3 Distribution - Personnel 463,000 463,000 - - 463,000 - 100% Distribution Vehicles, Equipment, Maint 202,000 202,000 70,700 30,300 101,000 - 50/50 Commodity + Capacity (70/30), then Distribution Other O&M, Supplies, Misc 275,000 275,000 96,250 41,250 137,500 - 50/50 Commodity + Capacity (70/30), then Distribution Professional Services 80,000 80,000 28,000 12,000 40,000 - 50/50 Commodity + Capacity (70/30), then Distribution Chemicals 164,000 164,000 164,000 - - - 100% Variable Electricity 854,000 854,000 597,800 256,200 - - 70/30 assuming 30% electric capacity charges in summer. USBR Wholesale Water 396,000 396,000 396,000 - - - 100% Variable Billing and Customer Service 141,000 141,000 - - - 141,000 100% Billing and Customer Service General Government & Public Safety 108,000 108,000 75,600 32,400 - - 70/30 Split, based on overall system capacity factor of 1.3 Franchise 100,000 100,000 35,000 15,000 50,000 - 50/50 Commodity + Capacity (70/30), then Distribution Major Repair 0 0 0 0 0 - 50/50 Commodity + Capacity (70/30), then Distribution Series 2005 Debt 308,000 308,000 215,600 92,400 - - 70/30 Split, based on overall system capacity factor of 1.3Debt Service Coverage @ 2.00 308,000 308,000 215,600 92,400 - - 70/30 Split, based on overall system capacity factor of 1.3Rounding -27,000 -27,000 -9,450 -4,050 -13,500 50/50 Commodity + Capacity (70/30), then Distribution Totals 3,725,000 3,725,000 2,132,200 673,800 778,000 141,000 100% 57% 18% 21% 4%
Functionalization and Classification of Revenue Requirement April 28, 2022 Pg. 52
20 E. Water Cost of Service Allocation Model (Cont.) MG/Yr Treated Sales % Losses MG/Yr before Losses Commodity Allocation % Avg Mo MG Peaking Factor Peak Mo MG Peaking - Average Peak Capacity Allocation % SF 225.9 21.0% 273 32% 18.8 1.44 27.1 8.3 45% August 2020 MF 84.8 21.0% 103 12% 7.1 1.30 9.2 2.1 12% Set at 1.3 Com/City/Sch 100.7 21.0% 122 14% 8.4 1.30 10.9 2.5 14% Set at 1.3 CDC 294.7 21.0% 357 42% 24.6 1.22 29.9 5.3 29% Used Aug 2020. (Sept was 38.1, anomaly) Totals 706.1 854 100% 58.9 77.2 18.3 100% 0.325851 MG/AF 18.3 2,622 AF Unbilled of 21% based on 12 months as of June 2021 Commodity Allocation % Weighting Factor Allocation SF 32% 1 0.32 40% MF 12% 1 0.12 15% Com/City/Sch 14% 1 0.14 18% CDC 42% 0.5 0.21 26%
Totals 100% 0.79 100%
Number of
Customers
Weighting
Factor Allocation
SF 1,802 1 1,802 73.2%
MF 35 10 350 14.2%
Com/City/Sch 161 1 161 6.5%
CDC 2 75 150 6.1%
Totals 2,000 2,463 100%
Commodity Capacity
Commodity and Capacity Allocation Factors
Distribution
Billing & Customer Services
April 28, 2022 Pg. 53
21 F. Modeling to Set Fixed and Volumetric Rates Meter Group 21/22 Rates # Accts $/mo $/yr $/yr Single-Family 5/8" $26.29 1,730 45,482 545,780 $39.44 100 $3,944.00 Single-Family 1" $65.73 75 4,930 59,157 604,937 12 Multi-Family (Units) $26.29 650 17,089 205,062 $47,328.00 MF Landscape 2" $210.33 5 1,052 12,620 MF Landscape 6" $1,314.55 3 3,944 47,324 MF Landscape 8" $2,103.27 1 2,103 25,239 290,245 Com 5/8' $26.29 20 526 6,310 Com 1" $65.73 91 5,981 71,777 Com 1.5" $131.45 18 2,366 28,393 Com 2" $210.33 34 7,151 85,815 Com 3" $420.65 2 841 10,096 Com 4" $657.27 6 3,944 47,323 Com 6" $1,314.55 1 1,315 15,775 265,488 Prison $3,154.92 2 6,310 75,718 75,718 Totals 2,638 103,032 $1,236,389 $1,236,389 35 -650 2,023 2,018 is the number of accounts billed in Nov 2021 in the amount of $103,723. Present Residential 1" Premium FYE 22 Water Fixed Monthly Calculation
Fixed
Monthly
Billed
Volumes
(TG)
Current
Rate
($/TG)
Current
Vol $
Current
Total
Resultant
Volumetric
Revenue
Combined
Total
Combined
Percent
Increase
%
Fixed
Single Family 604,937 225,900 2.70 $610,051 $1,215,000 6.50% 644,258 22.1% 3.30 $745,470 $1,389,728 14% 46% Multi Family 290,245 84,800 2.70 $229,005 519,000 -31.50% 198,818 22.1% 3.30 279,840 478,658 -8% 42%Com/Sch/City/Well 265,488 100,700 2.70 $271,944 537,000 0.00% 265,488 22.1% 3.30 332,310 597,798 11% 44%Avenal State Prison 75,718 294,700 2.70 $795,848 872,000 340% 333,160 22.1% 3.30 972,510 1,305,670 50% 26% Total $1,236,389 706,100 $3,143,000 $1,441,724 $2,330,130 $3,771,854 Increased
Volumetric Rate
Increased Fixed
Monthly
Determination of Fixed Monthly and Volumetric Rates Consistent with Cost of Service Model FY22 Projected Fixed and Volume Revenue Increases
April 28, 2022 Pg. 54
22 G. Present and Proposed Water Rates 7/1/2023 7/1/2024 7/1/2025 7/1/2026 Effective 7/1/21 Percent Change New Rate 8% 8% 8% 8% Volumetric Rates All metered water ($/HCF) $2.02 22% $2.47 $2.67 $2.88 $3.11 $3.36 All metered water ($/TG) $2.70 22% $3.30 $3.57 $3.85 $4.16 $4.49 Fixed Monthly Charges ($/Mo) Single-Family Dwellings: 5/8" Meter $26.29 6.5% $28.00 $30.24 $32.66 $35.27 $38.09 1" Meter $65.73 reset $28.00 $30.24 $32.66 $35.27 $38.09 Multi-family Per Living Unit $26.29 reset $18.00 $19.44 $21.00 $22.68 $24.49 Avenal State Prison $6,309.84 reset $27,763.00 $29,984.04 $32,382.76 $34,973.38 $37,771.25 All Other Customers: 5/8" Meter $26.29 6.5% $28.00 $30.24 $32.66 $35.27 $38.09 1" Meter $65.73 0% $65.73 $70.99 $76.67 $82.80 $89.42 1.5" Meter $131.45 0% $131.45 $141.97 $153.33 $165.60 $178.85 2" Meter $210.33 0% $210.33 $227.16 $245.33 $264.96 $286.16 3" Meter $420.65 0% $421.00 $455.00 $491.00 $530.00 $572.00 4" Meter $657.27 0% $657.00 $710.00 $767.00 $828.00 $894.00 6" Meter $1,314.55 0% $1,315.00 $1,420.00 $1,534.00 $1,657.00 $1,790.00 8" Meter $2,103.27 0% $2,103.00 $2,271.00 $2,453.00 $2,649.00 $2,861.00 Effective 7/1/2022
Proposed Rates
City of Avenal Water Rates and Charges
Current
Rates
April 28, 2022 Pg. 55
23 H. Sewer Revenue, Expense, and Fund Balance Table (Historical and Projected)

Yr 1 Yr 2 Yr 3
Yr 4 Yr 5
2019 2020 2021 2022 2023 2024 2025 2026 2027
Audited Unaudited Unaudited Budget Projected Projected Projected Projected Projected Increases: 3% 3% 3% 3% 3%
Total Operating Revenue $1,628,286 $1,656,000 $1,671,000 $1,704,000 $1,755,000 $1,808,000 $1,862,000 $1,918,000 $1,976,000 Operation & Maintenance Expenses: Inflation
Personnel 1,134,599 932,727 900,289 1,005,400 1,056,000 1,109,000 1,164,000 1,222,000 1,164,000 5% Operations 82,118 97,051 142,500 197,870 204,000 210,000 216,000 222,000 216,000 3%Electricity and Water 176,345 183,934 221,099 210,000 242,000 278,000 320,000 368,000 423,000 15% Planned Solar Offset (85% of Elec & Wtr) - - - - (206,000) (236,000) (272,000) (313,000) (360,000) Administration 333,792 357,721 400,337 444,520 458,000 472,000 486,000 501,000 516,000 3% Depreciation & Amortization 154,490 202,633 141,044 - - - - - - n/a Total Operating Expenses 1,881,344 1,774,066 1,805,269 1,857,790 1,754,000 1,833,000 1,914,000 2,000,000 1,959,000 Operating Income/(Loss) (253,058) (118,066) (134,269) (153,790) 1,000 (25,000) (52,000) (82,000) 17,000 Non-Operating:

Connection Fees 23,362 4,810 20,158 10,000 10,001 10,002 10,003 10,004 10,005 Interest Income 8,295 7,387 2,858 1,000 1,001 1,002 1,003 1,004 1,005 Other and Penalties 8,430 7,066 468 1,000 1,001 1,002 1,003 1,004 1,005 Total Non-Operating 40,087 19,263 23,484 12,000 12,003 12,006 12,009 12,012 12,015 Change in Net Position (212,971) (98,803) (110,785) (141,790) 13,003 (12,994) (39,991) (69,988) 29,015 Add back depreciation 154,490 202,633 141,044 - - - - - - Net Gain (Loss) (58,481) 103,830 30,259 (141,790) 13,003 (12,994) (39,991) (69,988) 29,015 Project Funding With Available Cash $0 $0 $0 $0 $0Ending Total Current Assets $3,036,127 $3,147,779 $3,135,287 $2,993,497 $3,006,500 $2,993,506 $2,953,515 $2,883,527 $2,912,542 TG/YR treated 445,560 445,512 445,512 445,512 445,512
Resultant Processing Cost $3.94 $4.11 $4.30 $4.49 $4.40

AVENAL SEWER ENTERPRISE FUND
For the Fiscal Years Ending June 30,
April 28, 2022 Pg. 56
24 I. Detailed Calculations for School Sewer Rates per Student Existing Calculation Current Sewer Current Rate Per Student Calculated Student Count Year 20-21 Count Adjusted Based on Old Rate Difference based on Updated Count Tamarack Elementary School $80.60 $0.20 403 428 $85.60 Avenal Elementary School $148.80 $0.20 744 690 $138.00 Reef - Sunset Middle School $109.80 $0.20 549 575 $115.00 Avenal High School $123.80 $0.20 619 745 $149.00 $463.00 2315 2438 $487.60 $24.60 New Calculation 7 months of Days Students Gal/D/Stud TG Monthly Discharge (Per mo during 9 Processing Cost ($/TG) Calculated Annual Cost for the 9 mos in session
Months Cost/Mo
New
Rate Per
Student
Winter
Minimum
Metered
Usage
% of
Winter
Minimum
Tamarack Elementary School 213 428 10 101.3 $3.94 $3,590.46 12 $299.20 $0.70 Avenal Elementary School 213 690 10 163.2 $3.94 $5,788.35 12 $482.36 $0.70 181.0 90% 3 mo avg is 181 TG Reef - Sunset Middle School 213 575 13 176.8 $3.94 $6,270.72 12 $522.56 $0.91 220.0 80% Avenal High School 213 745 15 264.4 $3.94 $9,374.61 12 $781.22 $1.05 349.0 76% 705.7 $2,085.34
Current Total $463.00
$1,622.34
350%
Crosscheck
Reef - Sunset Unified School District Sewer Cost Calculations Increase
April 28, 2022 Pg. 57
25 J. Sewer Cost Model (Existing and Proposed Revenue by Customer Class) Existing Rates and Revenue
Customer Group Count Units Rate $/Mo $/Yr (Rounded)
Avenal State Prison 1 - $96,608.22 $96,608 $1,159,000
Commercial < 4 TG/Mo 60 - $50.18 $3,011 $36,000
Commercial > 4 TG/Mo 40 - $50.18 $2,007 $24,000
Schools 4 - - $463 $6,000
City - - - - -
Multi-Family 37 660 $15.47 $10,210 $123,000
Single-Family 1,915 - $15.47 $29,625 $356,000
Totals 2,057 $141,924 $1,704,000
Proposed Rates and Revenue
Proposed Residential Baseline Rate: $25.60
Customer Group Count Units Rate $/Mo $/Yr (Rounded)
Avenal State Prison 1 - $73,125.00 $73,125 $878,000
Schools 4 - $2,085.00 $2,085 $25,000
Commercial < 4 TG/Mo 60 - $25.60 $1,536 $18,000
Commercial > 4 TG/Mo 40 - $76.80 $3,072 $37,000
City 6 - $76.80 $461 $6,000
Multi-Family 37 660 $25.60 $16,896 $203,000
Single-Family 1,915 - $25.60 $49,024 $588,000
Totals 2,063 $146,199 $1,755,000
$51,000
3%
City of Avenal Sewer Rates and Revenue
Existing and Proposed
April 28, 2022 Pg. 58
26 K. Present and Proposed Sewer Rates
7/1/2023 7/1/2024 7/1/2025 7/1/2026
Effective
7/1/2021
Percent
Change New Rate 3% 3% 3% 3%
Residential Customers
Fixed monthly charge for SingleFamily Residential and MultiFamily Residential for each unit $15.47 65% $25.60 $26.37 $27.16 $27.97 $28.81
Non-Residential Customers
Non-residential customers with
average annual water usage
less than four thousand gallons
per month (535 cubic feet)
$50.18 -49% $25.60 $26.37 $27.16 $27.97 $28.81
Non-residential customers with
average annual water usage
equal to or more than four
thousand gallons per month
(535 cubic feet)
$50.18 53% $76.80 $79.10 $81.47 $83.91 $86.43
Schools (per student)
Elementary Schools $0.20 250% $0.70 $0.72 $0.74 $0.76 $0.78 Middle School $0.20 355% $0.91 $0.94 $0.97 $1.00 $1.03
High School $0.20 425% $1.05 $1.08 $1.11 $1.14 $1.17
Avenal State Prison $96,608.22 -24% $73,125.00 $75,318.75 $77,578.31 $79,905.66 $82,302.83 Note: The City recommends the installation of separate landscape water meters when possible for commercial customers, exempt from the calculation of sewer charges. Customers may also submit written requests to the city manager for the lower sewer rate provided they can demonstrate water usage above 4,000 gallons per month average is being used for landscape purposes.

City of Avenal Sewer Rates and Charges
Current
Monthly
Rates Effective 7/1/2022
Proposed Monthly Rates
April 28, 2022 Pg. 59
27 L. Proposition 218-Compliant Rate Increase Notice (Draft)

CITY OF AVENAL

NOTICE OF PUBLIC HEARING ON

PROPOSED INCREASES IN WATER AND SEWER RATES
To comply with Proposition 218 (California Constitution Article XIIID, Section 6), the City of Avenal gives the following notice.

The report is available at City Hall and can also be found on the City website.

Reason for the Needed Increase in Water and Sewer Revenue: For water, the primary reason for the needed overall revenue increase is to cover increasing expenses to provide safe and reliable water to Avenal’s residents, and further to meet bond requirements. For sewer, the overall revenue increase is needed primarily to cover ongoing inflation. For both water and sewer, cost-of-service adjustments have been made for more fairness across customer classes. For example, some multi-family customers and newer single-family homes with one-inch meters may see a decrease in water costs. Details of the rate changes for both water and sewer can be found in the Report. Revenue from the modified rates and charges will not be more than the funds required for the City to provide adequate service. Specifically, the proposed rates do not exceed the proportional cost of providing each service.

Procedure for Hearing and Determining Majority Protest: At the time stated above in this Notice, the Council will hear and consider all objections and protests, if any, to the proposed increases and other matters described in the Report. The Council may continue the hearing from time to time. At the close of the hearing, if written protests against the proposed increases are presented and not withdrawn by a majority of the record owners of the parcels that would be subject to the increases, the City may not impose the increased water and sewer rates; instead, rates would continue at their existing, previously-approved amounts. If, at the close of the protest hearing, there is no majority protest as described above, the Council may approve the increases, as proposed, or as changed by the Council, to be effective July 1, 2022.

How to Submit a Protest. Protests may be submitted by the record owner of the parcel or a tenant of a parcel subject to the proposed rates, but only one protest per parcel will be counted. Written protests must contain a clear statement that it is a protest against the proposed charges and it must include the name of the owner or customer of record, a description of the parcel or parcels (Assessor’s Parcel Number or street address) and an original signature of the owner or customer of record. Written protests regarding the proposed rate changes may be mailed or personally delivered to: City of Avenal, City Clerk, 919 Skyline Blvd, Avenal, CA 93204. To be valid, a protest must be in writing and received by the City Clerk at or before the closing of the public hearing on June 23, 2022.

Any grounds not provided and received before the close of the public hearing on June 23, 2022, will be deemed waived and may not be raised in any subsequent lawsuit.

Additional Information: Please direct questions about the proposed rate proceeding to Angie Ortiz, City Clerk, at (559) 386-5782, or by email to [email protected].
.

April 28, 2022 Pg. 60
28 7/1/2023 7/1/2024 7/1/2025 7/1/2026
Effective
7/1/2021
Percent
Change New Rate 3% 3% 3% 3%
Residential Customers
Fixed monthly charge for SingleFamily Residential and MultiFamily Residential for each unit $15.47 65% $25.60 $26.37 $27.16 $27.97 $28.81
Non-Residential Customers
Non-residential customers with
average annual water usage less
than four thousand gallons per
month (535 cubic feet)
$50.18 -49% $25.60 $26.37 $27.16 $27.97 $28.81
Non-residential customers with
average annual water usage equal
to or more than four thousand
gallons per month (535 cubic feet)
$50.18 53% $76.80 $79.10 $81.47 $83.91 $86.43
Schools (per student)
Elementary Schools $0.20 250% $0.70 $0.72 $0.74 $0.76 $0.78 Middle School $0.20 355% $0.91 $0.94 $0.97 $1.00 $1.03
High School $0.20 425% $1.05 $1.08 $1.11 $1.14 $1.17
Avenal State Prison $96,608.22 -24% $73,125.00 $75,318.75 $77,578.31 $79,905.66 $82,302.83 Note: The City recommends the installation of separate landscape water meters exempt from the calculation of sewer charges for commercial customers. Customers may also submit written requests to the city manager for the lower sewer rate provided they can demonstrate water usage above 4,000 gallons per month average is being used for landscape purposes.

City of Avenal Sewer Rates and Charges
Current
Monthly
Rates Effective 7/1/2022
Proposed Monthly Rates
April 28, 2022 Pg. 61
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager &
Griselda Price Director of Administrative Services
DATE: April 28, 2022
RE: Status Report on Chief of Police Recruitment Process INFORMATION:

The City Manager and the Human Resources Department continue to work on the Chief of Police recruitment process and expect to provide a report to the Council by the April 28th, 2022 Council meeting, outlining the next steps and process to involve the community.

April 28, 2022 Pg. 62
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. _7_A._– 1
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: April 28, 2022
SUBJECT: April 2022 MONTHLY REPORT
Planning Division:
- Processing Zoning Land Use Applications, Land Division Applications and Current Planning Site Plan Reviews Zoning Permits –Site Plan Review No., 22-01 is currently under review and out for consultation with regulatory agencies. Staff is working on the decision letter.

Tentative Tract Map No. 21-01 – This Tentative Tract Map is proposing to subdivide approximately 24.45 acres into 113 lots ranging from 5,300 square feet to 11,000 square feet located at north of San Benito Street and West of “A” Avenue, Avenal, Assessor’s Parcel Number 038-270-066.

Currently I am Finalizing the IS/MND and preparing a Notice of Intent to Adopted the Environmental Document.
- Long Range Planning:

Zoning, Subdivision and Building Ordinance – Staff had a kick-off meeting with QK and has submitted to the consultants Historical Ordinances and Amendments that have been adopted or changed in the zoning ordinance. Staff will continue to have meeting with consultants to start the process of the amount of work in to redoing the layout of the ordinance.

Building Division:

Building and Permit Applications- The City has Implemented an electronic application submission for Building Permits, Land Use and Zoning Permits and Business License. The Application Link is Located on the City Website on the Home Page under the BUTTON APPLY ONLINE. We also have a QR code for the Online portal. If any applicant community member resident has any questions, we are happy to help answer and show you how to submit online. From January 2022 to April 2022, we had over 100 electronic submissions of Building permits. Process is slow but it is working and progressing very well.

Staffing- Department is working on a job Description for a in house building inspector to be added as a new position in the next fiscal year as well as a possible position for a permit technician to help facilitate the building division of the department. This is informational for Council and the public to start the interest for those new possible recruitment coming in the next fiscal year 22/23.

Grants:

Avenal Safe Route to School ATP Cycle 4 – The City’s consultant has submitted the package to Caltrans for review and their okay in regards to the plans and specs. We are awaiting their review.

April 28, 2022 Pg. 63
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. _7_A._– 1
Avenal Kids Park – The City Will be starting the Finalized Bid Package for construction with O’Dell. All preliminary sketches and drawing have been reviewed and tentatively approve by City Staff. The draft Construction Bid package has been submitted to the city for review. The city has conducted O’Dell to move forward with project and a Final Bid Package will be coming soon.

Prop 1 Grant (Planning Grant) 18in Transmission Line – City Staff is working on the final disbursement for work already performed to close out the planning grant and City Public Works will start working with the Construction Grant of Prop 1 Grant.

Misc.:

Utilities, Mortgage and Rental Assistance Program workshop with Self Help Dates Scheduled at the Avenal Technology Center from 5:00 PM to 7:00 PM May 18,2022
June 15, 2022
July 20, 2022
August 17, 2022
September 21, 2022
April 28, 2022 Pg. 64

AVENAL POLICE DEPARTMENT

City Council Agenda Item
To: Avenal City Council & City Manager Antony V. López
From: Kevin Carr, Police Captain (I)
Date: April 20, 2022
Re: March 2022 Monthly Report
Investigations
• Officers were dispatched to an out-of-control juvenile in the 1000 block of Fresno St. The juvenile was ultimately arrested after he fought with officers. No injuries were sustained by the officers or juvenile. During the investigation officers learned the juvenile was involved in an attack on another juvenile of similar age where a phone was stolen, and the victim received moderate injuries when being jumped by the suspect and multiple other juveniles on the way home from school. The juvenile suspect kicked at the cage of the patrol unit and caused major damage while enroute to the juvenile center. The juvenile suspect was booked on multiple felony charges. Other juveniles involved in the original assault were later arrested and booked in the juvenile center. Great teamwork by Officers Risk, Shoemake and Detective Voyles! • Patrol Officers and Detective Voyles investigated a male juvenile making threats of killing people at the High School. Officers acted swiftly and arrested the juvenile for threats, and he was booked into the Juvenile Center
• While conducting school patrol officers were in a short pursuit, about 2 blocks with 2 gang members. One person fled the scene and the other person stayed and was taken into custody. The driver was identified, and a report was sent to the DA’s office for charges. • Officers were dispatched to the Sand Drags for a male subject waiving around a gun. Officers safely took the subject into custody, and he was arrested for an outstanding warrant. The gun turned out to be a bb gun. Good Job Officer Shortnacy and Sgt Storm. • Officers responded to numerous mental health calls for service, many of them juveniles.

April 28, 2022 Pg. 65
Community Policing Efforts
• Dr Seuss readings all week by various members of the police department. • Officers attended a few different church events with the community • Officers attended lunch with seniors at the Veterans Hall • Officer Hernandez continues to coach AHS Baseball
Monthly Statistics
12 Month Statistical Report
JANUARY 409 318 66 23 5 21 0 2 54
FEBRUARY 400 377 66 23 9 26 3 4 98
MARCH 490 340 92 19 3 32 4 2 77
APRIL 398 398 108 34 2 46 0 8 68
MAY 429 423 93 17 3 21 1 7 87
JUNE 421 532 89 53 3 49 3 5 93
JULY 462 346 97 18 2 39 6 5 80
AUGUST 436 309 93 17 3 36 5 10 112
SEPTEMBER 382 376 81 36 2 32 5 3 51
OCTOBER 467 358 88 30 3 36 3 2 68
NOVEMBER 476 372 99 42 6 30 3 6 95
DECEMBER 386 263 63 23 3 23 3 3 99
12 Month Totals 5156 4412 1035 335 44 391 36 57 982
2022
2021
2 April 28, 2022 Pg. 66

AVENAL POLICE DEPARTMENT

City Council Agenda Item
To: Avenal City Council & City Manager Antony V. López
From: Kevin Carr, Police Captain (I)
Date: April 20, 2022
Re: Assembly Bill 481 – New Policy – Military Use Equipment Staff Report
Introduction of Ordinance No. 2022-03 and Compliance Policy 709 for Military Use Equipment reporting as mandated by the State under AB481.

RECOMMENDATION: That the City Council, by motion, Introduce Ordinance No. 2022-03 and approving the Avenal Police Department Policy Number 709 Military Use Equipment Policy.

BACKGROUND: The State of California recently passed Assembly Bill 481. Assembly Bill 481:

1. Defines what is military equipment as it relates to commonly used tools by police agencies;

2. Requires an ordinance and adoption of policy on the police department's use of military equipment;

3. Requires the police department to adopt an ordinance and department policy; and

4. Requires the police department to report the following to council annually:
a. Description of each type of military equipment.
b. Purpose and authorized use of said equipment.
c. The fiscal impact of each type of equipment.
d. Legal and procedural rules that govern its use.
e. Training that is required for its use.
f. The mechanism to ensure compliance.
g. Complaint procedure.
h. Post policy on Department Website.

April 28, 2022 Pg. 67

2 i. A summary of any complaints received regarding its use. j. The amount in possession of each piece of equipment. k. If any additional equipment is to be obtained in the coming year. l. The department must conduct one public meeting within 30 days of the annual report going to council.

The Avenal Police Department already complies with many of these requirements. The equipment that the department purchases, and the ongoing costs, are generally approved annually by the City Council during the budget process. AB481 requires us to make these changes by ordinance and for council to review and adopt our Military Use Equipment Policy. This attached ordinance and policy is also necessary should the City of Avenal ever be in need of mutual aid, for example KCSO SWAT Team. If the City were to decide not to adopt this ordinance/policy, the Avenal Police Department would not be able to utilize potential life saving equipment in our jurisdiction. The ordinance establishes Avenal Police Department's Policy 709 as the guiding document related to the military use equipment.

The ordinance also makes the following findings by Council;

1. Approves the funding, acquisition and use of our current equipment which is now defined as military equipment.

2. Establishes Avenal Police Policy 709 as the Military Use Equipment policy.

3. Establishes that Policy 709 meets the states requirements.

4. Establishes that there is no reasonable alternatives that can achieve the same objective of civilian and officer safety.

5. That the military equipment and policy 709 will safeguard the public's welfare, safety, civil rights and civil liberties.

6. Establishes that our prior use of this equipment, which is now specified as military equipment, was in compliance with the policies in place at the time of the equipment's acquisition.

7. Approves and adopts Policy 709 of the Avenal Police Department's Policy Manual.

Avenal Police Department's new Policy 709 was reviewed by the City Attorney's office for compliance with AB481. This new policy does the following;

1. Defines Military equipment.

2. Identifies and describes the military equipment being used by the Avenal Police Department.

April 28, 2022 Pg. 68

3 3. Catalogues the quantity, acquisition cost, on-going costs, training, and future purchasing needs of the equipment.

4. Identifies the complaint procedure.

5. Establishes a coordinator at the police department to ensure compliance.

6. Approval process for future purchases and on-going use.

7. Establishes use in exigent circumstances.

8. Establishes use of the equipment by entities in the City of Avenal.

9. Annual report to Council and community engagement guidelines.

10. Alternative equipment review procedures.

The Military Equipment Policy was posted on the department website on March 18, 2022, 30 days prior to this meeting, in accordance with AB481.

FISCAL IMPACT: There is no direct fiscal impact associated with the adoption of this ordinance.

ATTACHMENTS:

Avenal Police Policy 709 – Military Use Equipment
Ordinance 2022-02
Resolution 2022-____
April 28, 2022 Pg. 69

Page 1 of 3 ends

ORDINANCE NO. _2022-03__

AN ORDINANCE OF THE CITY OF AVENAL ENACTING A

MILITARY EQUIPMENT USE POLICY FOR THE AVENAL
POLICE DEPARTMENT.

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

Section 1. PURPOSE. California Assembly Bill No. 481 (“AB-481”), requires local law enforcement agencies to obtain approval from their local governing body of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition or use of military equipment. This ordinance is intended satisfy the requirements of AB-481 with regard to the Avenal Police Department (“APD”).

Section 2. FINDINGS. The City Council (“Council”) of the City of Avenal (the “City”) hereby finds and declares all of the following:
(a) The military equipment which the subject of this ordinance is necessary because there is no reasonable alternative which can achieve the same objective of officer and civilian safety;
(b) The military equipment use policy approved by this ordinance will safeguard the public’s welfare, safety, civil rights and civil liberties; (c) The purchasing of the equipment specified as to be acquired, if any, is reasonably cost effective compared to available alternatives which can achieve the same objective of officer and civilian safety;
(d) The APD’s prior military equipment use complied with all applicable use policies in effect at the time, if any, and to any extent that prior uses did not strictly comply with appliable policy, corrective action has been taken to remedy non-conforming uses and ensure future compliance; and
April 28, 2022 Pg. 70

Page 2 of 3 ends

(e) The military equipment use policy approved by this ordinance was available on the APD’s Internet website at least thirty (30) days prior to the date this ordinance was approved.

Section 3. ADOPTION OF POLICY. The provisions, terms and requirements of APD Policy 709, titled Military Equipment Use, attached hereto as ATTACHMENT A, is hereby incorporated into this ordinance as if fully set forth verbatim, and are hereby approved by the Council as the APD’s military equipment use policy. This ordinance shall be reviewed at least once each calendar year at a regular meeting and vote on whether to renew the ordinance.

Section 4. 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 5. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit 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 6. 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.

April 28, 2022 Pg. 71

Page 3 of 3 ends

Section 7. 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 8. EFFECTIVE DATE; AND PUBLICATION. 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 full ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(a) and in three public locations within 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, enacted and adopted by the City Council of the City of Avenal, State of California, on , 2022 at a regular meeting of said Council duly and regularly convened 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
April 28, 2022 Pg. 72

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

Adoption of ordinance approving Military
Equipment Use Policy for Avenal Police
Department.

RESOLUTION 2022-_____
WHEREAS, the City Council of the City of Avenal (“City”) has considered the report from City staff and all public comment(s), if any, on the need to enact an ordinance in accordance with California Assembly Bill 481 (“AB-481”), pertaining to approval of a military equipment use policy for local law enforcement agencies; WHEREAS, the City desires to comply with AB-481 and held a duly noticed public hearing on April 28, 2022 to consider the proposed military equipment use policy prepared by the Avenal Police Department (“APD”); and
WHEREAS, the City now desires to proceed with the process of enacting Ordinance No. 2022-___, to approve a military equipment use policy for the APD, by introducing such ordinance and scheduling a second reading/waiver of the same.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON April ___, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

HARLIN CASIDA, Mayor,

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

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

1. Found that the foregoing recitals are true;
April 28, 2022 Pg. 95

Page 2 of 2 ends

2. Introduced and waived the first reading of Ordinance No. 2022-___;

3. Ordered that proposed Ordinance 2022-___ be added to the agenda for the next regular City Council meeting, for a second reading or waiver thereof and consideration for enactment; and

4. Authorized the City Manager, City Clerk 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.
* * * * * * * * * * * * * * * * * *
MD/20220418 - Avenal - Resolution Waiving First Reading of Military Equipment Ordinance-1.doc April 28, 2022 Pg. 96
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: April 28, 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. Although case numbers have dropped to the single digits in Avenal, not all restrictions have been lifted, and the finding below is still required to be made to allow Councilmembers to attend meetings virtually.

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:

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.

April 28, 2022 Pg. 97
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: April 28, 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. Staff is awaiting response from USBR regarding additional allocation that could be provided as Public Health & Safety (PH&S).

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:

RECOMMENDATION:

Discussion/Action.

FISCAL IMPACT:

None.

April 28, 2022 Pg. 98

Page 1 of 2 ends

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. - A

STAFF REPORT
AGENDA ITEM: Approve Change Order No. 3 to the Contract with Kuykendall Solar for the construction of a Solar PV System at the WWTF.

MEETING DATE: April 28, 2022
PREPARED BY: Alfonso Manrique, AM Consulting Engineers
RECOMMENDATION:

Staff recommends that City Council adopt the attached Resolution approving Change Order No. 3 to the Contract with Kuykendall Solar for the Construction of a Solar PV System at the WWTF and authorize the City Manager to execute, on behalf of the City, the Change Order.

BACKGROUND:

In July 2019, the City was awarded $4,815,000 in grant funds through the State Water Resources Control Board (SWRCB) Clean Water State Revolving Fund (CWSRF) for the construction of a solar photovoltaic generation system at the City’s wastewater treatment plant. On January 9, 2020, City Council awarded the construction of the solar photovoltaic generation system at wastewater treatment plant Project to Kuykendall Solar Corporation (Contractor) for $1,823,000.00. Construction of the project began on May 18, 2020.

Contractor applied to PG&E for the installation of a 760-kW solar PV System and, in February 2021, Contractor received comments from PG&E indicating that the power lines serving the WWTF had no spare capacity to allow the export of solar PV power to the grid. The PG&E report required mitigation measures in the amount of $1.2 million and would limit the export of power to the grid during peak hours, limiting the City’s ability to benefit from a net metering tariff.

AMCE and contractor had several meetings to discuss an alternative design that would maximize the benefit of a Solar PV System at the WWTF. The most feasible alternative consisted of adding a battery storage system that would store the energy produced by the solar system during peak hours and discharge it during times when the solar production isn’t sufficient to power the entire demand at the WWTF. Pursuing this alternative would require a redesign of the original system and procurement of a battery storage system. The estimated additional cost of the additional improvements was estimated to be approximately $1.9 million.

AMCE requested the State to provide the additional funding required to complete the project and in March 1, 2022 the City received a Memorandum from the Division of Financial Assistance approving the additional funding that had been requested. The State is still working on the contract amendment but the additional funding has been approved and an amendment is expected to be available for the City’s signature in the next 60 to 90 days.

April 28, 2022 Pg. 99

Page 2 of 2 ends

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. - A
DISCUSSION:

As part of the new alternative design, Kuykendall Solar is requesting the approval of Change Order No. 3 which includes a new switch gear, concrete pads, and new wiring required to receive the new batteries.

Batteries will be procured under a separate contract. Contractor is also requesting reimbursement for the rental of the containers that currently store the solar panels at the WWTP. The additional amount of Change Order No. 3 is $188,340.

According to PG&E, the implementation of the mitigation measures and the required upgrade of the transformer at the WWTF will take approximately 12 months. During that time, Kuykendall will be installing the new switchgear and conduits. In the next few weeks we will solicit bids for the procurement of the battery system and we will bring the award of that contract to council for approval.

FISCAL IMPACT:

Change Order No. 3 will be grant funded by the SWRCB and will not have any Fiscal Impact on the City.

ATTACHMENTS:

1. Change Order No. 3.

2. Invoice for the rental of container
April 28, 2022 Pg. 100
Estimate
Date
3/3/2022
Estimate #
5396
Name / Address
Solar Negotiators
City of Avenal WWTP
919 Skyline Blvd
Avenal CA 93204
P.O. No.

CO 2
Terms
Net 20
Total
28420 Yosemite Springs PKWY Ste. E
Coarsegold, CA 93614
Description Qty Rate Total
CO to account for completing the project with the plan re-design and scope changes made by adding a battery component (the battery itself is not in Kuykendall's scope). Price includes 300 MCM of 2400', 350 MCM at 640', Kritsi boxes, 800' of 3"PVC, switch gears, concrete pads, misc parts and labor.
1 180,240.00 180,240.00
$180,240.00
April 28, 2022 Pg. 101
Invoice
Date
4/22/2022
Invoice #
7615
Bill To
Solar Negotiators
City of Avenal WWTP
919 Skyline Blvd
Avenal CA 93204
Kuykendall Solar Corporation
Coarsegold CA 93614
P.O. No.

CO 3
Terms
Net 20
Phone #
Total
Balance Due
28420 Yosemite Springs Parkway Suite E
Description Quantity Rate Amount
3 ea 40 ' Storage Containers (12 Months) Panel Storage 12 533.80 6,405.60 1 ea 20' Storage Container Rental (12 Months) Panel Storage 12 141.20 1,694.40 Avenal WWTP
100 Affluent Way
Avenal, CA 93204
$8,100.00
$8,100.00
April 28, 2022 Pg. 102

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF AVENAL APPROVING
CHANGE ORDER NO. 3 IN THE AMOUNT OF
$188,340 TO KUKENDALL SOLAR’S

CONTRACT FOR THE CONSTRUCTION OF

THE SOLAR PV SYSTEM AT THE WWTF

AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE CHANGE ORDER ON

BEHALF OF THE CITY
RESOLUTION 2022-____
WHEREAS, the City of Avenal (hereinafter referred to as “City) received a grant for the construction of a Solar PV System at the WWTF; and
WHEREAS, Kuykendall Solar is the contractor that was awarded the construction of the Solar PV System;
WHEREAS, PG&E’s infrastructure serving the WWTF is at capacity and a battery storage system is necessary to maximize the benefits of the Solar PV System; and WHEREAS, adding a battery system requires additional improvements that were not originally included in Kuykendall’s contract; and
WHEREAS, the cost of the additional improvements (including the battery system) will be grant funded by the SWRCB.

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 April 28, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
April 28, 2022 Pg. 103
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avenal hereby resolves as follows:

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

2. The approval of the Change Order #3 is necessary to proceed with the installation of the battery system.

3. Authorizes the City Manager to execute in the name of the City, the Change Order.

4. Authorized the City Manager and relevant City staff to conduct the terms and conditions of this resolution and to take all steps necessary, proper and/or convenient and/or incidental thereto.

April 28, 2022 Pg. 104
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. _10_– B
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: April 28, 2022
SUBJECT: A Resolution of the City Council of the City of Avenal authorizing the City Manager to enter into Amendment No. 1 of Agreement No. 14-10 with O’Dell Engineering for site design and plan preparation for the Avenal Kids Park Development Grant Project
BACKGROUND:

The City of Avenal was awarded $776,922 through the California State Parks Program- Round 4, made possible by Proposition 68. The funding will pay for a new park behind the Avenal Boxing Club, which will include at least two play structures, shade, a restroom, and other features.

O’Dell Engineering assisted the City in preparing a conceptual design and site plan during the grant application process in 2019, and because of their familiarity with the project, as well as with the Avenal community, staff requested a proposal from O’Dell for Site Design and Plan Preparation services to assist staff in implementing the awarded project. The submitted proposal included the following: 1) Topographic Survey 2) Preliminary Site Plan 3) Construction Documents 4) Bidding Services 5) Regular Progress Update Meetings The total proposed fee is $45,575. The cost of this portion of the project would be covered by the awarded grant funds.

Since the awarded of the contract and agreement City staff has been working hand in hand with O’Dell finalizing the Preliminary Deigns and putting together the final bid package for Construction. Due to unforeseen circumstances such as COVID 19 Pandemic and the Cost of Construction, the city staff had to review the approved existing agreement in regards of the term and the cost. The Term of the agreement was set to expire in June of 2022 with a cost of approximately $45, 575.00. City staff understand that with all the work that still needs to be done, the term of June 2022 would not work in regards of scheduling the Building out the park nor would the cost due to the inflation of od construction materials and equipment.

The proposed agreement would extend the term of the Contract to March 31, 2023, and add an additional $7,930.00 to the Budget completing Task 4& 5 as stated in the Proposed Amendment to Agreement 14-10.

This item has been reviewed by the City Attorney, Director of Administrative Service and The City Manager.

RECOMMENDATION:

1. Sign Resolution No. _____ agreeing to the terms laid out in Amendment No. 1 to Agreement 14- 10 with O’Dell Engineering

2. Authorize City Manager to Sign and execute Amendment No. 1 to Agreement No. 14-10.

April 28, 2022 Pg. 105
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. _10_– B

3. Authorized the City Manager, and all relevant City staff to carry out the terms and conditions of Resolution No. _______and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.

FISCAL IMPACT:

There will be no direct impact to the General Fund. The Full Cost of theses services will be Paid through the Prop 68 State Parks Program.

Attachments:

Resolution No. __2022-27___
Signed by O’Dell Engineering - Amendment No. 1 to Agreement 14-10 April 28, 2022 Pg. 106
April 28, 2022 Pg. 107
April 28, 2022 Pg. 108
Resolution No. ________ Page 1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF

AVENAL AUTHORIZING THE CITY

MANAGER TO ENTER INTO
AMENDMENT NO. 1 OF
AGREEMENT NO. 14-10 WITH
O’DELL ENGINEERING FOR SITE

DESIGN AND PLAN PREPARATION

FOR THE AVENAL KIDS PARK

DEVELOPMENT GRANT PROJECT
RESOLUTION No. 2022-_ __
WHEREAS, in March 2020, the City of Avenal “City” was awarded a grant from the California Department of Parks and Recreation for statewide Park Development and community Revitalization program funded by Prop 68; and
WHEREAS, the City and O’Dell Engineering “Contractor” entered into Agreement No. 14-10 on February 11, 2021, for services and assistance with the conceptual design and other necessary services for the awarded Proposition 68 Parks Grant – Avenal Kids Packet Park; and WHEREAS, the parties have mutually determined that a need to amend the Agreement in regard to terms and payment services; and
WHEREAS, the City and Contractor have agreed to an amended Term and payment of services and services to be performed under this agreement; and WHEREAS, All other terms and conditions of Agreement No. 14-10 shall remain in full force and effect as previously agreed and are not otherwise affected by this Amendment No. 1.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON April 28, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________ ATTEST: _______________________________ ALVARO PRECIADO, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
April 28, 2022 Pg. 109
Resolution No. ________ Page 2 of 2
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found that the foregoing recitals are true, and the mutual covenants continues here in, which are fully incorporated into top this Amendment No. 1 as if set forth in full; (a) Agree and Accept to the terms laid out in Amendment No. 1 to Agreement 14-10 with O’Dell Engineering
(b) Authorize City Manager to Sign and execute Amendment No. 1 to Agreement No. 14-10.
(c) Authorized the City Manager, and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
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April 28, 2022 Pg. 110
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10 – C
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: April 14, 2022
RE: Approve Capital Expenditure from Wastewater Enterprise Fund for 18” Whitney Street / Community Sewer Pipeline and
Manholes Project
INFORMATION:

To proceed with Phase II of the Avenal Community Center project, all utility services are needed to and from the facility in order to begin the mechanical and electrical work. While the City awaits PG&E to provide the electrical connections, Public Works will be providing the water and sewer to this public facility. One crucial piece missing is a sewer line that connects back to the City’s main sewer system.

Originally, City Staff planned to connect the Community Center to the leach field that the City’s Corporal Yard and Animal Shelter utilize, but later realized it did not have the capacity for speculated demand. As such, the City’s engineering firm Summers Engineering, prepared plans to tie both the Public Works Yard and Community Center to the City’s main sewer system on Whitney Street – unfortunately the Animal Shelter is at too low an elevation to connect at this point.

The easements already exist to the Whitney Street manhole, and providing this pipeline expands the City’s infrastructure and allows future developments to also tie into the pipeline.

DISCUSSION:

In order to continue progress with the Community Center project, City Staff would like to prioritize the construction of the sewer pipeline. A budget for the additional $2 million dollar grant from the State is still being finalized, given that to complete Phase II requires at least $3 million.

The price to construct the additional infrastructure to these public facilities is currently estimated at around $150,000 dollars is done soon. In order to maximize the grant funds to other hard costs in the Community Center, Staff is recommending utilizing funds from the Wastewater Enterprise reserve account, which currently has approximately $2,997,000 dollars.

April 28, 2022 Pg. 111
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10 – C
FISCAL IMPACT:

Drawing down $150,000.00 from the Wastewater Enterprise Reserves account.

RECOMENDATION:

Authorize by Resolution the capital infrastructure expenditure of up to $150,000.00 from the Wastewater Enterprise Reserves account towards the 18” Whitney Street / Community Sewer Pipeline and Manholes Project.

April 28, 2022 Pg. 112
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

EXPENDITURE FROM WASTEWATER
ENTERPRISE FUND FOR 18” WHITNEY

STREET / COMMUNITY SEWER PIPELINE
AND MANHOLES PROJECT.

COUNCIL RESOLUTION 2022-___
WHEREAS, the City of Avenal holds funding in its enterprise reserve accounts for capital projects and emergency expenditures to respective funds; and
WHEREAS, the growth of the City requires investments into the City’s infrastructure to ensure continued safe operation of the City; and
WHEREAS, the 18” Whitney Street / Community Sewer Pipeline and Manholes Project will provide wastewater utility services to critical City public facilities; and WHEREAS, the cost for said project is projected at $150,000.00, and is most appropriate for the Wastewater Enterprise Reserve Fund.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Avenal held on April 28, 2022 by the following roll call vote:

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON April 14, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
April 28, 2022 Pg. 113
2 of 2
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NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Hereby:

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

2. Authorize the capital infrastructure expenditure of up to $150,000.00 from the Wastewater Enterprise Reserves account towards the 18” Whitney Street / Community Sewer Pipeline and Manholes Project.

3. 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.

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City Council/Successor Agency/Public Finance AuthorityApril 28, 2022

City Council/Successor Agency/Public Finance Authority
April 28, 2022