Agenda — City Council/Successor Agency/Public Finance Authority, July 14, 2022

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JULY 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.

StudySession: None
LAST ORDINANCE: 2022-03 CITY LAST RESOLUTION: 2022-45
(SA) LAST RESOLUTION: 2022-01 PFA LAST RESOLUTION: 2022-01 AGENDA

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:

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

CITY CLERK:

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

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

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

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

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

Designated representatives: APOA, and Bargaining Units 1-5.

4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person. • City Clerk Introduce Three New Summer Interns –
Lian Martinez, Eliseo Ayala, and Noah Naranjo.

5. CONSENT CALENDAR:

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

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for June 15, 2022, June 23, 2022, and June 29, 2022.

B. Ratify Resolutions 2022-44 (End of Year Budget Revisions) & 2022-45 (FY 2022-2023 Appropriations Limits).

C. Consider Entering into a one (1) Year Fire Services Agreement with Kings County Fire Department for FY 2022/23: Resolution 2022-46.

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

A. None.

July 14, 2022 Pg. 1

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Community Activities Department: Anna Lara-Nieto, Senior Recreation Leader.

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

3. Police Department Activity Report: David Tapia, Police Captain (I).

4. Public Works/Building/Code Enforcement/Animal Control Departments Activity Report:

Rob Williams, Public Works Director.

B. Special Presentations/Reports:
1) Kings County Association of Governments – Kings Regional Vision/ Regional Transportation Plan(RTP)/ Sustainable Communities Strategy (SCS): Josephine Buchanan - Community Engagement Specialist at DKS Associates.

8. PUBLIC HEARING(s):

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

A. Consider Proposed City of Avenal Fiscal Year (FY) 2022/2023 City Budget /Fees & Charges:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution (including Fees & Charges).

B. Consider Proposed Avenal Successor Agency/RDA Debt Obligation Fund (FY) 2022/2023 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

C. Consider Proposed Finance Authority Public Finance Authority (PFA) Fiscal Year 2022/2023 City Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

9. OLD BUSINESS:

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

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

10. NEW BUSINESS:

A. Consider a Resolution Amending the 16-CDBG-11133 Grant Agreement to allocate additional CDBG Program Income (PI) into the Community Sports and Recreation Center: Resolution 2022-47.

B. Consider Authorizing the City Manager to enter into a Lease Agreement between Spectrum Pacific West, LLC, and the City of Avenal: Resolution 2022-48.

C. Consider Ordinance 2022-04: Amending Portions of Conservation in Article 3 of Chapter 4 of Title 6, Pertaining to Violations—Notices—Penalties: Resolution 2022-49.

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, July 11, 2022.
/s/ Maria Ortiz
Maria Ortiz, City Clerk
July 14, 2022 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN REGULAR DEL CONCEJO MUNICIPAL / AGENCIA
SUCESORA / PFA 14 DE JULIO DE 2022; 5:15 P.M.

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

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

Sesión de estudio: Ninguna
ÚLTIMA ORDENANZA: 2022-03 CIUDAD ÚLTIMA RESOLUCIÓN: 2022-45 (SA) ÚLTIMA RESOLUCIÓN: 202 2-0 1 PFA ÚLTIMA RESOLUCIÓN: 202 2-0 1 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
B. Conferencia con Negociador(es) Laboral(es) (Código de Gobierno § 54957.6).

Este órgano rector tiene la intención de reunirse en sesión privada para examinar su posición e instruir a sus representantes designados:

Representantes designados: APOA y Unidades de Negociación 1-5.

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. • El secretario de la ciudad presenta a tres nuevos pasantes de verano:

Lian Martínez, Eliseo Ayala y Noah Naranjo.

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 15 de junio de 2022, el 23 de junio de 2022 y el 29 de junio de 2022.

B. Ratificar las Resoluciones 2022-44 (Revisiones presupuestarias de fin de año) y 2022-45 (Límites de asignaciones para el año fiscal 2022-2023).

C. Considere celebrar un acuerdo de servicios de bomberos de un (1) año con el Departamento de Bomberos del Condado de Kings para el año fiscal 2022/23: Resolución 2022-46.

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

A. Ninguno.

July 14, 2022 Pg. 3

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

A. Informes de actividad:

1. Departamento de Actividades Comunitarias : Anna Lara-Nieto, Líder Senior de Recreación.

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

3. Informe de actividad del Departamento de Policía: David Tapia, Capitán de Policía (I).

4. Informe de actividades de los Departamentos de Obras Públicas/Construcción/Aplicación de Códigos/Control de Animales: Rob Williams, Director de Obras Públicas.

B. Presentaciones/Informes Especiales:
1) Kings County Association of Governments – Kings Regional Vision/ Regional Transportación Plan(RTP)/ Sustainable Communities Strategy (SCS): Josephine Buchanan - Especialista en Participación Comunitaria en DKS Associates.

8. AUDIENCIA(S) PÚBLICA(S):

Audienciasconjuntas continuas del Fondo de Obligaciones Fiduciarias de la Agencia Sucesora de la Ciudad de Avenal RDA / Autoridad de Finanzas Públicas:

A. Considere el presupuesto de la ciudad propuesto para el año fiscal (FY) 2022/2023 de la ciudad / tarifas y cargos:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución (incluyendo Tarifas y Cargos).

B. Considere la propuesta de presupuesto de avenal Successor Agency/RDA Debt Obligation Fund (FY) 2022/2023:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución.

C. Considere la propuesta de autoridad financiera Autoridad de Finanzas Públicas Autoridad de Finanzas Públicas (PFA) Año Fiscal 2022/2023 Presupuesto de la Ciudad:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución.

9. NEGOCIO ANTIGUO:

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

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

10. NUEVOS NEGOCIOS:

A. Considere una Resolución que modifique el Acuerdo de Subvención 16-CDBG-11133 para asignar ingresos adicionales del Programa CDBG (PI) into the Community Sports and Recreation Center: Resolution 2022-

47. B. Considere autorizar al Administrador de la Ciudad a celebrar un Acuerdo de Arrendamiento entre Spectrum Pacific West, LLC y la Ciudad de Avenal: Resolución 2022-48.

C. Considere la Ordenanza 2022-04: Modificación de partes de conservación en el Artículo 3 del Capítulo 4 del Título 6, Relativo a violaciones—Avisos—Sanciones: Resolución 2022-49.

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 los negocios normales horas.

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. Calle reyes; 2) Ayuntamiento 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 en, julio 11, 2022. /s/ María Ortiz
María Ortiz, Secretaria municipal
July 14, 2022 Pg. 4

SPECIAL CITY COUNCIL MEETING
JUNE 15, 2022; 6:00 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: at 6:04 p.m. by Mayor Preciado.

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

ABSENT: None.

STAFF: Lopez, Williams, Yang, Price, Brumley, Ortiz, Bermudez, Verdugo, Tapia.

LEGAL COUNSEL: Moses Diaz.

CITY CLERK:

CLOSED SESSION: (City/Successor Agency):

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

It is the intention of this governing body to meet in closed session to:

1. Consider Public Employee Performance Evaluation for the Position of:
• Public Works Director
• Community & Economic Development Director
• Director of Administrative Services
• Utilities Supervisor
• City Clerk
• IT Manager
• Community Activities Supervisor
• Police Captain
• City Manager
Mayor Re-opened regulare City Council meeting at 10:33 p.m. with nothing to report out of Closed Session.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 6:00 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
July 14, 2022 Pg. 5

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JUNE 23, 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 5:21 p.m.

ROLL CALL: Councilmembers: Ricardo Verdugo, Pablo Hernandez, Pro Tem Alejandro Ramirez Mayor Alvaro Preciado, and Luis Gravelle joined meeting via zoom.

ABSENT: None.

STAFF: Lopez, Ortiz, Bermudez Davis, Lara-Nieto, Price, Tapia.

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

The City Council went into Closed Session at 5:23 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: 1
B. PERSONNEL (Government Code § 54957(b)).

It is the intention of this governing body to meet in closed session to:

1. Consider Public Employee Performance Evaluation for the Position of:
• City Manager
Mayor Preciado re-opened City Council meeting at 6:37 p.m. with nothing to report out of Closed Session. Antony Lopez, City Manager would like to add an emergency item that was brought to staff after the agenda was posted it is an emergency with health and safety issue
PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS:

Community Activities Department: Ana Lara-Nieto, Recreation Leader introduced Three New Summer Staff: Paola Carmona, and Melania Carcamo and Cynthia Nieto could not be present due to work. Happy to have all new staff on board. City Council welcomed them to City of Avenal Family.

Avenal Police Department: Captain Tapia (I) Introduce New Police Officer – Mariano Sanchez. Officer Sanchez is happy to be part of the Avenal Police Department. City Council welcomed Officer Sanchez to City of Avenal Family.

George Anderson commented on the following: 1) clarified on Valley Air Public Hearing.

Kao Nou Yang, Director of Community & Economic Development Agency stated the following: 1) cannabis currently is prohibited in the city. So, in her opinion to do a cannabis tax before cannabis being able to be permitted it is premature. Also, hopes that the City Council understand that staff is in the process of doing this zoning update, which is planning to do a modification cannabis. Also, would love for the language to be a little more modified and spoke to City Manager about some changes. Also, understand her hesitation in regards with the current language AGENDA ITEM NO. 5. – A.

July 14, 2022 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – June 23, 2022

Page 2 of 8 ends

regarding cannabis text once again she is not opposed against it. She feels that the language needs to be more adoptable.

Veronica Aguirre mentioned the following: 1) Valley Air Public Hearing; 2) Landfill odor it is a nuisance and concerns regarding the landfill have not been addressed.

CONSENT CALENDAR:

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

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for June 9, 2022.

B. Consider Resolution Requesting County Clerk to RenderServices for Municipal Elections:

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 2022-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF KINGS TO PERMIT THE COUNTY CLERK OF THE COUNTY OF

KINGS TO RENDER SPECIFIED SERVICES TO THE CITY OF AVENAL RELATING TO THE CONDUCTING OF THE MUNICIPAL ELECTION TO BE HELD IN THE CITY OF AVENAL, NOVEMBER 8, 2022, AND APPROPRIATING FUNDS TO PAY FOR SAID SERVICES. Councilman Gravelle made motion to approve, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Verdugo.

ABSTAIN: None.

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

A. Consider Designation of Voting Delegates and Alternates to League of California Cities Annual Conference & Expo - September 7-9, 2022.

Ms. Ortiz reported that As the City Council is aware, the League's 2022 Annual Conference is scheduled for September 7-9, 2022, at Long Beach Convention Center. An important part of the conference is the Annual Business Meeting, which is scheduled on Friday, September 2, where the League Membership will consider and act on resolutions that establish Cal Cities Policy. In order to vote at this Business Meeting, the City Council must designate a voting delegate and up to two (2) alternate voting delegates in the event the voting delegate is unable to attend. As per Cal Cities bylaws.

Staff recommend by motion: 1) designate voting delegate and alternates for the Annual League Business Meeting scheduled on September 7-9, 2022, at Long Beach Convention Center; and 2) authorize the City Clerk to complete the Voting Delegate form and return it to the Cals Office no later than September 2, 2022. (Roll Call Vote) Mayor Preciado made a motion to approve as presented, seconded by Mayor Pro Tem Ramirez, and carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Verdugo.

ABSTAIN: None.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

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

Humberto Bermudez, IT Manager reported the following: 1) Projects - Phone system, Emails, City Clerk software; 2) Other: June 21st & June 22nd US Department of Justice provided staff training, prepare emails & temporary laptops for interns and written instruction guide for the poster printer for Community Activities; 3) Continue to KCAG allow regular meeting remotely for participation; 4) maintain website and provide tec support; 5) Prepares a VLAN (Virtual Local Area Network) solution for guests and contractors; and, 6) working on policies for tech usage to be submitted for review. These policies will encompass how devices are loaned out, customary practices, and security guidelines.

A. Special Presentations/Reports:

July 14, 2022 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – June 23, 2022

Page 3 of 8 ends

1) None.

PUBLIC HEARING(s):

A. Public Hearing on Proposed Water and Wastewater (Sewer) Utility Rate Increases for Fiscal Years 2023 - 2027:
• Staff Report
• Public Hearing
• Adopt Resolutions 2022-38
Dan Bergen, IGService reported that Water and sewer rates were last increased July 1, 2021, the last of a series of two percent increases from the previous rate study completed in 2017. Following the drought, water sales remained at the drought levels and have not returned to previous, higher levels. Operating costs will continue to increase from inflation, and more attention is now focused on critical capital improvement projects for the water system. Working closely with City staff, Dan Bergmann of IGService has prepared a financial analysis and rate study which is the basis for the revised water and sewer rates. The full rate study is included with this staff report. In summary:

1. Rates need to continue to increase gradually overall to keep up with inflation

2. Some rates have been adjusted significantly both upward and downward to align rates from customer classes more closely to the cost to serve them.

He continues that the alternative is not to increase water and sewer rates. If so, water and sewer revenue will be less than operating expenses, bond covenants will be violated, and critical water system improvement projects will not be funded. Fiscal impact for both water and sewer, proposed increases over the next five years are planned to meet operating costs for each enterprise such that these enterprise funds are not a burden on the City’s general funded.

ATTACHMENTS:

1. Proposed Resolution with new water and sewer rates

2. Proposition 218-compliant rate notice

3. IGService Rate Study, dated April 19, 2022
He recommends City Council is hereby recommended to approve a resolution to adopt revised water and sewer rates, effective July 1, 2022, to cover increased operating costs, bond covenants, cost of service adjustments, and capital projects.

After a brief, discussion the following action was taken.

RESOLUTION 2022 – 38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL, CALIFORNIA,

INCREASING THE CITY'S WATER ANDWASTEWATER UTILITY SERVICE RATES AND CHARGES EFFECTIVE JULY 1, 2022. Councilman Gravelle made motion to approve, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Verdugo.

ABSTAIN: 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:

July 14, 2022 Pg. 8
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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.

Councilman Gravelle motioned to approve as recommended, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Verdugo.

ABSTAIN: None.

B. Consider Extending Local Emergency Declared on May 27, 2021, and Amending Tier III Water Conservation Rules:

Resolution 2022-39:

Mr. Lopez reported that the 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:

Also, at this time, we would like to propose for consideration a two-day watering schedule – the same two (2) days for all residents.

Lupe Chavez, Senior Code Enforcement Officer reported that our water allotment for the City of Avenal, Code Enforcement would like to propose for consideration changes to our water schedule and fine fee schedule. Code Enforcement has been flexing hours, and, in our patrol, we have noticed still some residents wasting water. Most by washing their vehicles and water run-off from lawn watering. We have been doing verbal warning and some written. As we get to our hotter summer months, I know the increase will be there. We at Code Enforcement are getting ready to flex more early mornings and late evenings along with split shifts.

Staff at this time, we would like to propose for consideration a two-day watering schedule – the same two (2) days for all residents.

Example: Tuesdays and Saturdays. The reason for a Saturday is most residents that wash their vehicles that are on the odd side of the street say they are off on Saturdays and work on Fridays, so they have no chance to wash their vehicles. Changing to the same 2 days will also eliminate confusion on what watering days are for that side of the street. Also, would like for you to request that the Council consider a fee increase per citation that is given for water valuations. Currently we are at $50, $100, and $150. What we would like for you to consider is increased to $100, $150, and $200. These fines can be only for the emergency drought and should be removed after the drought is over.

As we enter the summer months, we would like to revert back to zero warnings for violations. Code Enforcement will continue with a two-week education with more notices and flyers to residents as a form as last warning for all. Staff understand that increasing the fines might seem high but its all-in hopes to stop water waste in our city and to help us meet our reduction the state and USBR is asking for. As always, we appreciate any ideas or feedback to better serve our community and its residents.

In conclusion he understands that increasing the fines might seem high but its all-in hopes to stop water waste in our city and to help us meet our reduction the state and USBR is asking for. As always, we appreciate any ideas or feedback to better serve our community and its residents. Review proposal for Amended Tier III Water Conservation Measures and adopt Resolution 2022-39 adopting the amended water conservation rules.

Mayor Preciado gave a recommendation to Staff to give a grace period of 2-weeks for the community get use to new watering schedule. Staff agreed and will be mailing to all residents, posting at business and website for transparency.

After a brief, discussion the following action was taken.

July 14, 2022 Pg. 9
Joint Meeting City Council/Successor Agency/PFA – June 23, 2022

Page 5 of 8 ends

RESOLUTION 2022-39: A Resolution of The City Council of The City of Avenal Adopting Amended Emergency Tier Ill Water Conservation Measures Due to On-Going Water Shortage. Councilman Gravelle motioned to approve, seconded by Councilman Hernandez , and carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Verdugo.

ABSTAIN: None.

NEW BUSINESS:

A. Consider Adopting Ordinance 2022-04, and Resolution 2022-40, Enacting a One-Cent General Sales Tax - Antony V.

López, City Manager:

Mr. Lopez reported that General Sales Tax: asper the previous Council meeting, the Council signaled support to a general sales tax that that would generate additional income for the city to use on a wide variety of needs and services. After discussing with neighboring cities and the County of Kings, the City has confirmed that the sales tax revenue Avenal receives is in fact one full percent (1%) of the 7.25% sales tax rate current imposed in the County – or one penny. Below is a breakdown of how California sales tax work:

Breakdown of CaliforniaSales Tax
Rate (%) Jurisdiction Purpose of Tax

3.9375 State State’s General Fund

0.50 State Local Public Safety Fund to support local criminal justice activities

0.50 State Local Revenue Fund for local health and social services programs

1.0625 State Local Revenue Fund 2011

1.25 Local 0.25% for county transportation funds
1% for city or county operational funds

Current Sales Tax Revenues: In the previous three fiscal years, the city has received the following sales tax revenues:

FY 2019-2020 FY 2020-2021 FY 2021-2022*
309,516.72 278,305.22 343,677.54
*Awaiting one final payment
If current spending habits in Avenal continue, FY 2021-2022 should end at an estimated $368,000.00. Averaging the last three fiscal years, one can estimate of revenues continuing with at least $320,000.00, if not more, so long as the economy does not take a downturn. Adding to these revenues will new families moving to Avenal as well as the opening of new businesses, such as Dollar General and O'Reilly Auto Parts, which are sure to be healthy additions. A safe estimate for next fiscal year’s sales tax revenue by Staff is currently at $350,000 - $450,000.00, given these trends.

General Sales Tax Proposal: Any new sales tax mut be in increments of 1/8 of a penny, which a full penny translates to one percent (1%) in additional sales tax. Staff proposes that the Council adopt an ordinance of up to one penny or one percent of additional sales tax, which would effectively double the current sales tax revenue for the City of Avenal.

Next Steps: With Council’s continued support, the City Attorney has prepared both the ordinance and resolution to will enact the sales tax – if and when the voters approve it in November. A general tax requires approval by a simple majority of voters (a simple majority is 50 percent of voters plus one additional voter.) The text would appear as such on the ballot:

Avenal Essential City Services Funding
To preserve the safety and character ofAvenal, andmaintain essential general City services for Avenal residents including police, 911 emergency response, fire protection, disaster preparedness, recreational programs and facilities, park Yes 
July 14, 2022 Pg. 10
Joint Meeting City Council/Successor Agency/PFA – June 23, 2022

Page 6 of 8 ends

maintenance and improvements, street maintenance and repairs and other essential services, shall Ordinance No. 2022-04, imposing a 1-cent general sales and use tax, be adopted? Estimated revenues between $400,000.00 and $500,000.00 annually, indefinitely.

No 
If approved by the voters, the Council can place controls on the taxes, such as suspending it if not needed. Council can agree by resolution, that any tax will be phased in, for example over a year or two years. Ease the burden, and also allow the tax to be suspended all together if enough revenues are coming in and not needed. That can ease taxpayer anxiety, that the tax is not forever, and can be shut on and off as needed. Likewise, whatever amount of tax is determined, would be the threshold of either utilizing the full extent, or even half or less as determined by the Council.

Moses Diaz, City Attorney mentioned that ultimately the taxes will be push onto their customers and or consumer.

After a brief, discussion the following action was taken.

RESOLUTION 2022-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL, CALIFORNIA,

INCREASING THE CITY'S WATER ANDWASTEWATER UTILITY SERVICE RATES AND CHARGES EFFECTIVE JULY 1, 2022. Councilman Gravelle motioned to approve, seconded by Councilman Hernandez, and carried.

ORDINANCE NO. 2022-04: AN ORDINANCE OF THE CITY OF AVENAL ENACTING A ONE CENT GENERAL SALES TAX. Councilman Gravelle motioned to approve, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Verdugo.

ABSTAIN: None.

B. Consider Adopting Ordinance 2022-05, and Resolution2022-41, Imposing a Business Tax on Commercial Cannabis Businesses - Antony V. López, City Manager:

Mr. Lopez reported that The Cannabis Business Tax is also a general sales tax but levied specifically on businesses that work with cannabis. The proposed ordinance and resolution are a first step towards collecting taxes on the sale of cannabis and cannabis products in Avenal but does not in itself allow the sale or further recreational use, as those are steps and ordinances that the Planning Commission will need to review in the zoning ordinance and other land use policies.

Cannabis Business Tax Potential Revenues and Proposed Tax: At this time, it is difficult to exactly determine how much additional revenues cannabis could bring to the City of Avenal but looking at what neighboring cities have projected when they began allowing cannabis dispensaries, many are receiving revenues over one-million dollars, such as Lemoore and Farmersville. The closest comparison Staff felt comfortable utilizing is Coalinga, which in FY 2021-2022 projected $1.2 million in revenues, but in years prior from 2018-2020 had averaged between $450,000 – $800,000. Should a market open in Avenal, it may take a while for the industry to reach the million-dollar levels, but if even half of that market were occurred in Avenal, the funds would be a generous boost to the General Fund.

Next Steps. With Council’s continued support, the City Attorney has prepared both the ordinance and resolution to will enact the cannabis business sales tax – if and when the voters approve it in November. As a general tax, it requires approval by a simple majority of voters (a simple majority is 50 percent of voters plus one additional voter.) The text would appear as such on the ballot:

Shall Ordinance 2022-05 be adopted authorizing a commercial cannabis business tax in the City of Avenal on commercial cannabis businesses up to $25 per square foot (annually adjusted by CPI) or at 15% of gross receipts, to maintain essential public safety and general City services including, but not limited to, police, drug addiction and gang prevention, park maintenance, street maintenance for Avenal residents, generating undetermined revenue, potentially up to $400,000 to $600,000 annually until
repealed?
Yes 
No 
He continues that the timeline: The deadline to approve a tax ordinance will be by the July 14, 2022, regular City Council meeting.

Afterwards, Staff will need to publish a synopsis of the ballot measure and ordinance, with all documentation submitted to the Kings County Elections Office by August 9, 2022. August 11, 2022, will be the legal deadline for the Council to approve Order of Election, followed by request for alphabetical letter measure designation, and arguments. The election date is November 11, 2022.

July 14, 2022 Pg. 11
Joint Meeting City Council/Successor Agency/PFA – June 23, 2022

Page 7 of 8 ends

After a brief, discussion the following action was taken.

RESOLUTION 2022-41: Resolution Calling City Election for Voter Approval of Commercial Cannabis Business Tax; and Specifications of the Election Order. Councilman Gravelle motioned to approve, seconded by Councilman Hernandez, and carried.

ORDINANCE NO. 2022-05: AN ORDINANCE OF THE CITY OF AVENAL IMPOSING A BUSINESS TAX ON COMMERCIAL CANNABIS BUSINESSES. Councilman Gravelle motioned to approve, seconded by Councilman Hernandez, and carried. Councilman Gravelle motioned to approve, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Verdugo.

ABSTAIN: None.

C. Consider Establishing One Unpaid Internship Position within City Hall – Griselda Price, Director of Administrative Services:

Resolution 2022-42:

Griselda Price, Director Administrative Services reported that with the recent creation of the Summer Internship position, the City received strong interest from AHS alumni to join the City for the summer. A total of six viable candidates were considered, with all of them being worthy of hiring. The top three candidates are all attending top universities around the country and will be great additions of the top three, one is able to join the City as an unpaid intern with his undergraduate program providing them with a stipend. The City would like to include this candidate as a volunteer/unpaid intern.

Staff recommendation is with the City providing funding for one Summer Internship position and the California City Management Foundation (CCMF) grant providing for another, the City is able to add a third individual through an unpaid/volunteer position.

Also, speaking with RMA and the City Attorney, if the City were to bring this individual on, it would be best to have a position that specifically identifies as unpaid/volunteer and understood that it will not be a burden on the general fund. Staff’s hope is creating this position will continue filling it in the future with more local talent.

Staff recommend by Resolution, approve establishing one unpaid/volunteer internship position within City Hall.

Resolution 2022-42: Establishment of one unpaid/volunteer internship employment positions within City Hall. Mayor Preciado motioned to approve, seconded by Mayor Pro Tem Ramirez, and carried.

Roll Call Vote:

AYES: Preciado, Ramirez, Gravelle, Hernandez.

NOES: None.

ABSENT: Verdugo.

ABSTAIN: None.

D. Consider Authorizing the City Manager to Contract with an Interim Police Chief.

Mr. Lopez reported that the City Council is well aware of the situation at the Police Department that is being understaffed. Staff is working on the recruitment for the past three months and have candidates in the queue. Staff has done surveys has a clever idea of what the community is asking for. Also, what the needs at the Police Department obviously time is of the essence. So, workout through doing interviews going through a process and seeing whose still available staff is hoping to get a few more candidates to apply that still has not happened. There is a shortage of police throughout the state throughout the country. So, that still continues being an obstacle, but we do believe that there are potential candidates who would be interested in coming in as on an interim basis that could help bring some relief immediately. Staff is requesting authorization to begin potential negotiations may be contacting somebody on an interim basis to serve as Interim Police Chief
Mayor Preciado made a motion to authorization City Manager to begin potential negotiations to contract an Interim Police Chief, seconded by Councilman Gravelle, and carried.

Roll Call Vote:

AYES: Preciado, Gravelle, Hernandez, Ramirez.

NOES: None.

ABSENT: Verdugo.

ABSTAIN: None.

July 14, 2022 Pg. 12
Joint Meeting City Council/Successor Agency/PFA – June 23, 2022

Page 8 of 8 ends

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Antony Lopez, City Manager commented the following : 1) Firework Show on Saturday gates open at 7:00 PM and activities – horseshoe, waterslides, metal presentation and slideshow slides; 2) The Mexican Consulate – at Avenal Theater offering services from July 5th to July 7th and flyer available; 3) reminder next budget hearings Wednesday 4:30 & Thursday 4:30 City Hall; and 4) thanked, the City Council for their continue diligence and patience with staff through this budget. He believes things are moving in the right direction and hopes the community feels the same. It is going to be an exciting rest of the year these ballots and many different latest programs.

Councilman Gravelle commented the following: 1) Thanked and appreciated everyone’s arduous work.

Mayor Preciado commented the following: 1) reminding the community that during the heat wave the city will provide a cooling center at the Veterans Hall to keep residents cool and be able to charge phones etc.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 8:36 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
July 14, 2022 Pg. 13

CITY OF AVENAL
“Pistachio Capital of the World®”

SPECIAL CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JUNE 29, 2022; 4:300 P.M.

AVENAL CITY HALL, 919 Skyline Blvd., AVENAL, CA
VIA ZOOM AVIDEO/WEB CONFERENCING:

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

MINUTES
CALL TO ORDER: at 6:39 p.m.

PELAGE OF ALLEGIANCE: by Mayor Preciado.

ROLL CALL: Councilman Hernandez, Councilman Gravelle, Councilman Verdugo, Mayor Preciado.

ABSENT: Mayor Pro Tem Ramirez.

STAFF: Lopez, Ortiz, Bermudez, Price.

LEGAL COUNSEL: None.

CITY CLERK:

Mayor Preciado reported that there are two emergency/urgency items to consider that came to the City Council after the agenda was posted they are as follows: 1) Consider Fiscal Year 2021-2022 – End Budget Revisions; and 2) Fiscal Year 2022- 2023 – Appropriations Limit.

Mayor Preciado motioned to add two emergency/urgency items to consider that came to the City Council after the agenda was posted they are as follows: 1) Consider Fiscal Year 2021-2022 – End Budget Revisions; and 2) Fiscal Year 2022-2023 – Appropriations Limit, second by Councilman Gravelle, and carried.

Roll Call Vote:

AYES: Preciado, Hernández, Verdugo, Gravelle.

NOES: None.

ABSENT: Ramírez.

ABSTAIN: None.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES: no, public comments offered Antony Lopez, City Manager reported that as discussing the budget for two hours with the City Council. The City Council will be ready to adopt an operating budget for Year (FY) 2022/2023 City Budget /Fees & Charges, Avenal Successor Agency/RDA Debt Obligation Fund (FY) 2022/2023 Budget, and Public Finance Authority (PFA) Fiscal Year 2022/2023 City Budget. Also, noted the public hearing however at this time there are no fees and charges proposed for the operating budget the full budget may have something. As mentioned, he thinks the only thing will change is yard sales and building permits. Staff recommends opening Public Hearing and continuing hearing.

PUBLIC HEARING(s):

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

AGENDA ITEM NO. 5. – A.

July 14, 2022 Pg. 14
Special Joint Meeting City Council/Successor Agency/PFA - June 29, 2022

Page 2 of 3 ends

Note: Funding Requests included in FY 2022/2023.

B. Consider Proposed Avenal Successor Agency/RDA Debt Obligation Fund (FY) 2022/2023 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

C. Consider Avenal Housing Authority (FY) 2022/2023 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

D. Consider Proposed Finance Authority Public Finance Authority (PFA) Fiscal Year 2022/2023 City Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

Mayor Preciado opened Public Hearing for Joint Hearing of the City of Avenal Fiscal Year (FY) 2022/2023, City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority/Housing Authority Fiscal Budget 2022/2023. at 6:56 p.m. Also, continued Public Hearing to Regular City Council meeting July 14, 2022 After a brief discussion, the following action was taken.

RESOLUTION 2022-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING A FISCAL YEAR 2022/2023 OPERATING BUDGET IN ORDER TO MEET PAYROLL AND OPERATING EXPENSES UNTIL THE FINAL FISCAL YEAR 2022/2023 IS ADOPTED. Councilman Verdugo motioned to approve, seconded by Councilman Hernandez, and carried.

RESOLUTION 2022-01 (SA/RDA): A RESOLUTION OF THE AVENAL SUCCESSOR AGENCY/RDA DEBT OBLIGATION FUND OF THE CITY OF AVENAL APPROVING A FISCAL YEAR 2022-2023 OPERATING BUDGET IN ORDER TO MEET OPERATING EXPENSES UNTIL THE FINAL FISCAL YEAR 2022/2023 AVENAL SUCCESSOR AGENCY/RDA DEBT OBLIGATION FUND BUDGET IS ADOPTED. Councilman Verdugo motioned to approve, seconded by Councilman Hernandez, and carried.

A RESOLUTION OF THE AVENAL PUBLIC FINANCING AUTHORIITY (PFA) APPROVING A FISCAL YEAR 2022-2023 OPERATING BUDGET IN ORDER TO MEET OPERATING EXPENSES UNTIL THE FINAL FISCAL YEAR 2022/2023 BUDGET IS ADOPTED. Councilman Verdugo motioned to approve, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Verdugo, Hernández, Gravelle, Preciado.

NOES: None.

ABSENT: Ramírez.

ABSTAIN: None.

E. Consider Fiscal Year 2021-2022 – End Budget Revisions.

Griselda Price, Director of Administrative Services reported that As part of the auditing process, Staff must address and propose to the City Council fiscal budget year-end revisions which must be approved prior to June 30, 2022, for the FY 2021/2022 budget, COVID, supply chain availability issues, inflation, and staff turn- over have adversely affected many accounts in ways not previously foreseen. Accordingly, staff, are reallocating budget amounts accordingly to reconcile revenues with expenditures.

Staff is requesting that the City Council authorize Staff to adjust the revenues at fiscal year-end to reflect the actual revenues received and adjust the expenditures within the budgeted funds and reallocate funds, as necessary. Staff is also requesting authorization to adjust the revolving funds as needed throughout the year: Revolving Accounts consist of CDBG, HOME, Cal Home, Grants, Recreation programs, Explorers, Police Activity League, etc.

Staff recommends by resolution, authorize the City Manager to utilize the department budgets in the best interest of the City, July 14, 2022 Pg. 15
Special Joint Meeting City Council/Successor Agency/PFA - June 29, 2022

Page 3 of 3 ends

within the departments approved bottom line budgeted Fund amounts as per approved by the City Council, and further authorize the year-end Fiscal Year 2021/2022 budget revisions (revenues and revolving accounts) as needed and/or required after closure of Fiscal Year 2021/2022.

After a brief, discussion the following action was taken.

RESOLUTION 2022-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO AMEND THE CITY’S BUDGET FOR FY 2020-2021. Councilman Verdugo motioned to approve, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Verdugo, Hernández, Gravelle, Preciado.

NOES: None.

ABSENT: Ramírez.

ABSTAIN: None.

F. Fiscal Year 2022-2023 – Appropriations Limit.

Ms. Price reported that the Article XIII B of the State of California Constitution places limits on the amount of revenue which can be spent by all entities of Government. To address the restrictions of the Article and increase the accountability of government entities in adopting their limits, voters approved Proposition Ill in June 1990. Among other things, this Proposition provides new adjustment formulas which should make the Appropriation Limits more responsive to local growth issues. It also requires an annual review of Limit Calculations.

She continues that the City Council shall, each year by Resolution, establish an appropriations limit for the expenditure of socalled proceeds of taxes. The adoption of the Resolution must be at a regularly scheduled meeting of the City Council or at a noticed special meeting. The Fiscal Year 2022/2023 Appropriations Limit is $4,111,785.49 and the Appropriation Limits subject to limitations is less than $2,800,000.00. Since the City's appropriation limits are $1,311,785.49 less than the limitations, it is safe to say we will not exceed our limit this year.

Staff recommends that the City Council establish the Appropriations Limit for Fiscal Year 2022/2023 by adopting the proposed resolution.

After a brief discussion, the following take.

RESOLUTION 2022-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ESTABLISHING FISCAL YEAR 2022-23 APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. Councilman Verdugo motioned to approve, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Verdugo, Hernández, Gravelle, Preciado.

NOES: None.

ABSENT: Ramírez.

ABSTAIN: None.

Mr. Lopez appreciate the Council's understanding on budget and appreciate the City Council taking time to review budget.

Mayor Preciado thanked, everyone that participated on the budget. Staff will notice there will be no meeting tomorrow continued
ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 6:59 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
July 14, 2022 Pg. 16
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: July 14, 2022
RE: Ratify Resolutions 2022-44 & 2022-45.

INFORMATION:

The City Council held a Special Meeting on June 29, 2022, to hold a public hearing regarding the FY 2022-2023 budgets. Due to an operating budget being approved on this date and the June 30, 2022, meeting being rescheduled, two emergency items were added to the agenda to meet the end of the fiscal year deadlines for the City’s finances.

The two resolutions were:

1. A Resolution of The City Council of The City of Avenal Authorizing The City Manager To Amend The City’s Budget for FY 2021-2022. Resolution 2022-44.

2. A Resolution of The City Council of The City of Avenal Establishing Fiscal Year 2022-23 Appropriations Limit Pursuant to Article XIIIB of The California Constitution.

Resolution 2022-45.

Both emergency items were approved 4-0. Staff agreed to bring the items back for ratification at the next regular meeting.

RECOMMENDATION:

Ratify Resolutions 2022-44 & 2022-45.

July 14, 2022 Pg. 17
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
EMERGENCY ITEM JUNE 29
TO: The Honorable Mayor and City Council
FROM: Griselda Price, Director of Administrative Services DATE: June 29, 2022
RE: Consider Fiscal Year 2021-2022 – End Budget Revisions INFORMATION:

As part of the auditing process, Staff must address and propose to the City Council fiscal budget year-end revisions which must be approved prior to June 30, 2022.

For the FY 2021/2022 budget, COVID, supply chain availability issues, inflation, and staff turnover have adversely affected many accounts in ways not previously foreseen. Accordingly, staff, are reallocating budget amounts accordingly to reconcile revenues with expenditures.

Staff is requesting that the City Council authorize Staff to adjust the revenues at fiscal year-end to reflect the actual revenues received and adjust the expenditures within the budgeted funds and reallocate funds as necessary. Staff is also requesting authorization to adjust the revolving funds as needed throughout the year: Revolving Accounts consist of CDBG, HOME, CalHome, Grants, Recreation programs, Explorers, Police Activity League, etc.

RECOMMENDATION:

1. By motion, authorize the City Manager to utilize the department budgets in the best interest of the City, within the departments approved bottom line budgeted Fund amounts as per approved by the City Council, and further authorize the year-end Fiscal Year 2021/2022 budget revisions (revenues and revolving accounts) as needed and/or required after closure of Fiscal Year 2021/2022.

July 14, 2022 Pg. 18
July 14, 2022 Pg. 19
July 14, 2022 Pg. 20
City of Avenal
919 Skyline Blvd.

Article XIII B of the State of California Constitution places limits on the amount of revenue which can be spent by all entities of Government. To address the restrictions of the Article, and increase the accountability of government entities in adopting their limits, voters approved Proposition Ill in June 1990. Among other things, this Proposition provides new adjustment formulas which should make the Appropriation Limits more responsive to local growth issues. It also requires an annual review of Limit Calculations.

The City Council shall, each year by Resolution, establish an appropriations limit for the expenditure of so-called proceeds of taxes. The adoption of the Resolution must be at a regularly scheduled meeting of the City Council or at a noticed special meeting.

The Fiscal Year 2022/2023 Appropriations Limit is $4,111,785.49 and the Appropriation Limits subject to limitations is less than $2,800,000.00. Since the City's appropriation limits are $1,311,785.49 less than the limitations, it is safe to say we will not exceed our limit this year.

RECOMMENDATION:

1. It is staff's recommendation that the City Council establish the Appropriations Limit for Fiscal Year 2022/2023 by adopting the proposed resolution.

July 14, 2022 Pg. 21
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
EMERGENCY ITEM JUNE 29
Growth Rate Worksheet Schedule "B"
2022 #s Ratios
Per Capita Cost of Living Ratio 7.55 100
100 1.0755
Population converter to a Ratio -0.75 100
100 0.9925
Calculation of Factor for FY 2022-23 1.0755 x 0.9925 1.0674 FY 2021-2022 Appropriations Limit $ 3,852,028.75
FY 2022-2023 Appropriations Limit 1.06743 x 3,852,028.75 $ 4,111,785.49 July 14, 2022 Pg. 22
July 14, 2022 Pg. 23
July 14, 2022 Pg. 24
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. C
TO: The Honorable Mayor and City Council
FROM: Maria A. Ortiz, City Clerk
DATE: July 14, 2022
RE: Consider Entering into a one (1) Year Fire Services Agreement with Kings County Fire Department for FY 2022/23.

INFORMATION:

Kings County Fire Department has provided fire services to the City of Avenal for many years. In early 2000, to continue receiving the same level of service, by agreement, the City began to fund a portion of fire service costs to assist the County in covering the full cost service within the City. The city has remained a funding contributor since that time.

City and County Staff have met and discussed the need to allocate more funding towards the contract to meet the full cost of rendering services, which as of 2021, were around $792,000. The County understands this price tag is far too expensive for the City to afford and have always worked in good faith with the City to accept a lower contribution in hopes of meeting the full cost at a later date.

The city would like to enter into another one (1) year Fire Services Agreement in FY 2021/22, July 1, 2021 - June 30, 2022, at a cost of $400,000. The City and Community, as well, appreciate the great service Station -12 has provided over the years. We also appreciate the continued good working relationship with Kings County Fire Department, William K. Lynch, Fire Chief, Kings County Fire Department, and his Staff.

The proposed agreement is, essentially the same agreement and format as in prior years; language was added that allows the City to exit the agreement with six months’ notice, but requires the City to pay any remaining balance of services rendered. The proposed funding amount for FY 2022-2023 is the same as the prior year.

Prior Years:

FY 2013/14: $280,000
FY 2014/15: $290,000
FY 2015/16: $270,000
FY 2016/17: $280,000
FY 2018/19: $290,000
FY 2019/20: $365,000
FY 2020/21: $400,000
RECOMMENDATION:

By Resolution, enter into an "Agreement for County Fire Services within the City of Avenal" for FY 2022/23; and authorize the Mayor to sign and execute said agreement on behalf of the City.

FISCAL IMPACT:

Cost for Fires Services: $400,000 for FY 2022/23, taken from 1010000 - PUBLIC SAFETY account.

July 14, 2022 Pg. 25
919 Skyline Blvd.

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

BEFORE THE CITY COUNCIL OF THECITY

OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF AVENAL ENTERING INTO ONE
(1) YEAR AGREEMENT WITH KINGS COUNTY

FOR FIRE SERVICES WITHIN THE CITY OF

AVENAL AND, FURTHER, AUTHORIZE THE

MAYOR TO SIGN AND EXECUTE

AGREEMENT ON BEHALF OF THE CITY
COUNCIL RESOLUTION 2022-___
WHEREAS, the Kings County Fire Department has provided fire and emergency services for the City of Avenal for many years; and
WHEREAS, the city desires to continue the same level of service to ensure the health, safety, and welfare of the community; and
WHEREAS, it is in the best interest of the City of Avenal to enter into a Fire Services Agreement with Kings County for a term of one (1) year, July 1, 2022 - June 30, 2023.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Avenal does hereby authorize the mayor to sign and execute an "Agreement for County Fire Services within the City of Avenal" for a term of one (1) year retroactively commencing on July 1, 2022.

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 July 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
July 14, 2022 Pg. 26
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Hereby:

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

2. Hereby authorizes the Mayor to enter into an agreement with County of Kings to provide Fire Protection Services to the City of Avenal in the amount of $400,000.00 for Fiscal Year 2022- 2023.

3. Authorized the Mayor to sign and execute said agreement.

4. 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.

July 14, 2022 Pg. 27

AGREEMENT FOR

COUNTY FIRE SERVICES

WITHIN THE CITY OF AVENAL
THIS AGREEMENT is made and entered into and effective this 19th day of July, 2022, by and between the County of Kings (hereinafter the “County”) and the City of Avenal (hereinafter the “City”), upon the following terms and conditions.

RECITALS:

1. The County and the City have for many years enjoyed a relationship whereby the County provides fire services within the incorporated areas of the City of Avenal.

2. This Agreement supersedes any prior agreement relating to fire services provided by the County to the City.

3. The County and the City desire to amend the character of their relationship whereby the City provides additional compensation in order to reimburse County for the costs of providing these services.

4. In order to confirm the details of the continued relationship between and amended duties of the City and County for the provision of fire services by the County within the incorporated areas of the City, the City and County enter into this Agreement as set forth, below.

1. Powers and Duties of County.

A. Enforcement Responsibilities. The Fire Chief of the County of Kings shall enforce State and City statutes and ordinances relating to fire prevention and protection, emergency medical response, rescues, hazardous materials responses, and fire investigation functions within the City’s boundaries, but only to the extent that the Fire Chief performs the same or substantially similar services in the County. The Fire Chief shall not be required to assume any other enforcement duty or function not consistent with those customarily performed by the Fire Chief under County customs, ordinances, and statutes of the State of California.

B. Resources. Except in regards to stationery supplies and forms which must be issued in the name of the City, the County shall furnish all labor, supervision, equipment, facilities, and supplies necessary to maintain a level of services meeting the minimum requirements agreed to between City and County. The County shall not reduce said level of resources and services below that which was provided during the 2021-2022 fiscal year. In all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of the City, the same shall be supplied by the City at its own cost and expense. The County and the City shall retain title to the property each may July 14, 2022 Pg. 28
2 acquire to fulfill its obligations under this Agreement. Upon termination of this Agreement, each party may dispose of its property as it sees fit.

C. Municipal Agency. For the sole purpose of performing services and functions pursuant to this Agreement, and only for the purpose of giving official status to the performance thereof, the Fire Chief of the Kings County Fire Department, and the officials, officers, employees, and volunteers of the County Fire Department, shall exercise within the City all of the powers and duties conferred upon a city fire chief and city fire department personnel, and, subject to the limitations set forth in paragraph 1.E below, every County officer, employee, and volunteer engaged in performing any such service and function shall be deemed to be an officer, employee, or volunteer of the City while performing services and functions for the City to the extent such services and functions are within the scope of this Agreement and are municipal functions.

D. Control of Services. The rendition of such services, the standards of performance, the discipline of officers, employees, and volunteers, and other matters incident to the performance of such services, and the control of personnel so employed, shall remain with the County; provided, however, that, if in the judgment of the City Manager or City Council, any Fire Department officer, employee, or volunteer assigned to duty under this Agreement is not satisfactory to the City, the City Manager may so notify the Fire Chief in writing and within thirty (30) days of receipt of such a written notification, the Fire Chief shall respond in writing thereto.

E. Personnel. All persons employed in the performance of such services and functions as contemplated by this Agreement shall be County employees or volunteers, and no person employed hereunder shall have any rights to any City benefit, pension, civil service, status, or right of employment.
(1) City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder for the City.
(2) County shall be solely responsible for the payment of any salaries, wages, and compensation of, or indemnity for, injury or sickness arising out of said employment or volunteer relationship.
(2) City shall not be liable for compensation of or indemnity to any County officer, employee, or volunteer for injury or sickness arising out of such employment.

F. Citizen Complaints. All citizen complaints from City residents regarding services provided pursuant to this Agreement shall be investigated and resolved by the County through its normal review procedures.

July 14, 2022 Pg. 29
3 G. Service Reports. The City Manager shall have access to reports and other documents pertaining to fire suppression and prevention services provided by the County within the City. Further, the Fire Chief or the Fire Chief’s designated representative upon request shall attend regular City Council meetings and shall be prepared to respond to questions by the City Council regarding the services provided pursuant to this Agreement.

2. Consideration — City’s Annual Obligation.

A. The City shall pay the County the amount of $400,000 (Four Hundred Thousand Dollars) for services rendered under this Agreement for the 2022-2023 fiscal year.

B. The City shall pay the above annual sum in equal quarterly installment payments, which shall be due on September 30th, December 31st, March 31st, and June 30th of the Fiscal Year.

3. Term of the Agreement.

The County will provide fire services to the City under this Agreement for a period of one (1) year, which shall commence on July 1, 2022, unless terminated by either party. The parties understand, agree, and intend that this Agreement apply retroactively to cover services rendered from July 1, 2022, despite any later execution date reflected above.

Either party may terminate this Agreement without cause upon no less than six (6) months written notice. A party may terminate this Agreement for cause, effective immediately, upon written notice. Written notice of termination of this Agreement must be given to the other party by personal delivery or registered mail as set forth below.

Upon termination, the City shall be responsible for any and all unpaid amounts owed to the County for fire services performed up to and including the date of termination. Such payments shall be due to the County no later than 30 (thirty) days after the date of termination.

4. Indemnification.

The County shall indemnify, defend, and hold the City, its officers, agents, and employees, harmless from loss, damage, or injury to any person or property, or for reason of anything done, permitted to be done, or omitted to be done by Fire Department personnel in providing or failing to provide fire suppression and prevention services to the City or caused by the gross negligence or intentional misconduct of Fire Department personnel in providing or failing to provide fire suppression and prevention services to the City.

July 14, 2022 Pg. 30
4 5. Miscellaneous Provisions.

A. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. It is expressly agreed and understood that the rule stated in Civil Code Section 1654, that ambiguities in a contract should be construed against the drafter, shall have no application to the interpretation of this Agreement.

B. Severability. If any provision of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible, and the unenforceable provision shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.

C. Entire Agreement. This Agreement, including its Recitals and any exhibits, which are fully incorporated into and are integral parts of this Agreement, constitutes the entire agreement between the parties and there are no inducements, promises, terms, conditions, or obligations made or entered into by the County or City other than those contained herein.

D. Good Faith Negotiation. The parties will use their best efforts in good faith to cooperate in fulfilling the terms of this Agreement. Should a dispute arise between the parties regarding administration of this Agreement or the services to be provided hereunder, the Administrative Officer of the County and City Manager of City, shall meet in an attempt to resolve the issue.

E. Waiver. The waiver by any party of a breach of any provision of this contract shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any other provision of this Agreement. Further, no waiver of any term, condition, or covenant of this Agreement by either party shall be deemed as a waiver of any other term, condition, or covenant herein contained to the strict and proper performance thereof.

F. No Third-Party Beneficiary. No person or organization shall be a thirdparty beneficiary of this Agreement.

G. No Assignment. Neither party to this Agreement may assign its rights, privileges, benefits, or responsibilities hereunder to any other party without the express prior written authorization of the other party to this Agreement.

H. Notice. Any and all inquiries and notices with respect to this Agreement may be given personally or by registered mail addressed to County or City at the following address:

City of Avenal Kings County Administration
919 Skyline Blvd 1400 W. Lacey Blvd.

Avenal, CA 93204 Hanford, CA 93230
July 14, 2022 Pg. 31
5 Either party may change the address to which the notices shall be sent by advising the other party in writing of the change. Nothing herein shall preclude the giving of any notice by personal service to the other party.

I. Alterations and Modifications of Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Notwithstanding, this Agreement may be modified by a written amendment signed by the authorized representatives of the City and the County.

J. Captions and Headings. The caption or heading of each article of this Agreement is inserted as a matter of convenience and reference only and in no way defines, limits, or describes the scope of the Agreement or in any way affects it.

K. Copies of Agreement. This Agreement may be executed in counterparts, each of which shall be deemed a duplicate original.

6. Authority.

A. Legal Authority. Government Code Section 36501 provides that the government of a general law city shall be vested in the officers therein named and includes the designation of fire chief. Government Code Section 38611 provides that the legislative body of a general law city shall establish a fire department for the city, and that said fire department shall be under the charge of a chief who shall have had previous training and experience as a firefighter, and that the other members of said fire department shall consist of paid firefighters or such companies of call firefighters (hereinafter “volunteers”) as the legislative body may determine. Government Code Section 51301 authorizes the Board of Supervisors to contract with a city within the county and authorizes the city legislative body to contract with the county for the performance of city functions by appropriate county officers and employees. Government Code Section 51303 provides in part that: “The county officers and employees named in the contract shall exercise within the city all of the powers and duties conferred upon the city officers or employees named in the contract.”
B. Fire Chief. The City and County desire that the functions of the Chief of the Fire Department of City shall be performed by the Chief of the Fire Department of County acting as the Fire Chief of City.
[SIGNATURES ON FOLLOWING PAGE]
July 14, 2022 Pg. 32
6 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written.
“County” “City”
Joe Neves, Chairman, Mayor, City of Avenal
Kings County Board of Supervisors
ATTEST: ATTEST:

Catherine Venturella, Clerk Clerk, City of Avenal
Board of Supervisors
Approved as to Legal Form Approved as to Legal Form
Deputy County Counsel City Attorney
July 14, 2022 Pg. 33

COMMUNITY ACTIVITES DEPARTMENT

UPDATES/UPCOMING EVENTS
FLEA MARKET: WAS HELD ON JUNE 15TH- DJ, BOUNCE HOUSES, VENDORSJUNE MARKET ALWAYS HAS THE LOWEST COMMUNITY ATTENDANCE. MARKETS WILL BE EVERY 2

ND FRIDAY OF EACH MONTH STARTING JUNE - OCTOBER
INDEPENDENT CELEBRATION: EVENT WAS WELL ATTENDED. AOG
CHURCH CAME OUT AND SANG PATRIOTIC SONGS. WE HAD A DJ, WATER SLIDES, WATER GAMES FOR KIDS. HORACIO HELD A HORSESHOE
TOURNAMENT. SOME COMMUNITY MEMBERS CAME OUT AND SET UP THEIR OWN BBQ AREA. WE ALSO HAD 6 FOOD VENDORS. FIREWORK SHOW WAS A LITTLE UNDER 21 MINUTES.

SUMMER KIDZ SPOT: 1
ST DAY OF PROGRAM WAS JUNE 13TH
- TOTAL OF 8
PAID FOR ENTIRE SUMMER AND 12 PAYING WEEKLY. FIELD TRIP ON JULY 13TH–

ISLAND WATER PARK
FLEA MARKET: JULY MARKET WAS ON JULY 8
TH
- BOUNCE HOUSES, GAMES

FOR KIDS, DJ, VENDORS AND ROTARY CAME OUT TO SUPPORT THE MARKET AND PROVIDED CORNHOLE FOR COMMUNITY TO ENJOY. MORE COMMUNITY SUPPORT FOR THIS MARKET.

RENTAL INFORMATION
THEATER: MEXICAN CONSULATE USED JULY 5TH-7
TH -

THEY WERE
ABLE TO HELP SOME AVENAL RESIDENTS.

RENTALS HAVE BEEN DOWN THIS MONTH AT RECREATION

CENTER AND PAVILIONS
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. _7._A_– 2
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: July 14, 2022
SUBJECT: JUNE AND JULY 2022 MONTHLY REPORTS
Planning Division:
- Processing Zoning Land Use Applications, Land Division Applications and Current Planning Site Plan Reviews Zoning Permits –Site Plan Review No. 22-04 is currently under review and out for consultation with regulatory agencies. Staff is working on the decision letter.

Tentative Tract Map No. 21-01 – TT 993/ Var 21-01 was approved by the Planning Commission on July 11, 2022, Map is then forwarded to City Engineer for Parcel Map review and Map Check for approval and recordation.
- Long Range Planning:

Zoning, Subdivision and Building Ordinance – Staff is continually working with consultants and will be scheduling Planning Commission Workshops to discuss process of the zoning and subdivision comprehensive updates.

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 FOR PERMIT ONLINE. We also have a QR code for the Online portal. If any applicant, community member and resident have any questions, we are happy to help answer and show you how to submit online. From January 2022 to July 2022, we had over 170 electronic submissions of Building permits.

Staffing- Department is working on a staff report to add an in-house building inspector to the personnel classification. Hopeful that the position will be added into 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.

Economic Development:

Economic Team is working with Several developers that are wanting to come to Avenal.

The City Staff would like Council to Inform any Property owners that own Vacant lots and are willing to sale the property to contact the economic development team.

July 14, 2022 Pg. 34
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. _7._A_– 2
With the limited commercial space and sizes of the properties we have here ion the City, we would like any property owners who is willing to sale to please contact us so we can help facilitate a contact.

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 regard to the plans and specs. We are awaiting their review.

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 city has conducted O’Dell to move forward with project and a Final Bid Package will be coming soon.

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 July 20, 2022
August 17, 2022
September 21, 2022
July 14, 2022 Pg. 35

AVENAL POLICE DEPARTMENT

City Council Agenda Item
To: Avenal City Council & City Manager Antony V. Lopez
From: David Tapia, Police Captain (I)
Date: July 11, 2022
Re: June Monthly Report
Investigations
• On June 16, 2022, Officers Mendoza and Shoemake responded to the 800 block of Dome Street for a burglary in progress. Within four minutes, Officers arrived and subsequently arrested a male for several violations, including PC 459(a), Burglary, PC 594(b)(2)(a), Vandalism, and PC 647(f), Intoxication.

• On June 25, 2022, Officer Jimenez conducted a DUI investigation in the area of Third Avenue and Kings Street. During her investigation, Officer Jimenez arrested a male for violating VC 23152(a), DUI, VC 14601.2(a), Driver’s license suspended for DUI, and PC 273a(a), child endangerment.

Community Oriented Policing
• On June 14, 2022, Senior Officer Prieto, Officer Mariano, and Captain Tapia met and walked in the 200 and 300 blocks of Kings Street, spoke with business owners, discussed safety measures, and reassured them that Avenal PD is here to serve them.

• During June, Avenal PD officers visited school officials and students and spoke to them about safety measures. APD Officers even participated in dancing rehearsals with the kids regarding Folklorico dancing. This was an excellent opportunity to strengthen our relationship with the different schools in our city.

• Senior Officer Prieto and Officer Sanchez went to 801 E. San Joaquin Street (The Lodging House) and spoke with several people here for work, and they discussed safety measures and July 14, 2022 Pg. 36
2 how to call for police assistance if they need our help. This was a good contact because most of the people they spoke to are from out of town and followed the agricultural crop season.

Education is key, and contacts like these allow us to be proactive and enable us to educate our community on how to use police services if they need them.

• During the month of June, APD officers traveled and met with children at the Avenal Recreation Center and discussed police safety measures. Some of the children interviewed Senior Officer Prieto about police work, which was greatly beneficial for our youth to know.

Officer Training
• Officer Mariano Sanchez began his Field Training Officer this month and is scheduled to finish training in late August 2022. During his training, Officer Sanchez will be exposed and trained in different areas, including domestic violence, traffic enforcement, use of force, vehicle operations, gang investigations, community-oriented policing, etc.

July 14, 2022 Pg. 37
12 Month Statistical Report
MONTH

CALLS FOR SERVICEOFFICER SELF-INITIATEDINVESTIGATIONSCITATIONSTRAFFIC COLLISIONSADULT ARRESTSJUVENILE ARRESTSGANG RELATEDEVIDENCE ITEMS 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 683 199 88 14 3 21 3 4 56
MAY 660 153 74 4 3 20 2 0 77
JUNE 555 109 72 1 6 15 0 1 49
JULY
AUGUST

SEPTEMBER

OCTOBER

NOVEMBER

DECEMBER
12 Month Totals 3197 1496 458 84 29 135 12 13 411
July 14, 2022 Pg. 38
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: July 6, 2022
RE: Public Works Monthly Report June 2022
INFORMATION:

7300 CODE ENFORCEMENT:

Code Enforcement continues property and weed abatements. Staff is educating citizens regarding water waste and will be issuing citations starting in July. New watering schedules are being sent out with the water bills and being handed out at City Hall. They will be working flex hours from early mornings to late afternoon/evenings for water waste enforcement.

SEE ATTACHED REPORT.
8100 PARKS & LANDSCAPE:

Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport Complex, the Ken Brown Public Safety Center, and Elliott Park. All the playgrounds and the skate park are open. We are continuing to keep two (2) restrooms open at Rice Park. 9000 ANIMAL CONTROL DEPARTMENT:

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

SEE ATTACHED REPORT.
13000 STREETS:

Staff maintains city streets, signs, flags, and banners. Staff continues working with the City Engineer on more street projects in town as time permits. We will continue to patch and crack seal as time allows. The street sweeper is repaired but Mid Valley has had driver issues and has not been able to run it for a few weeks. 14100 WATER DISTRIBUTION: Staff continues to work with the City Engineer for the 18” water transmission replacement. The contractor has ordered materials that should start being delivered in mid-July, staff should be receiving a construction schedule soon. We had two (2) water leaks one (1) on the 18” main and one (1) on the 12” main. Dollar General installed a 6” service line from our 8” service at the intersection of Skyline and San Joaquin for the hydrant requirement for the new building. Staff continues to maintain and repair the distribution system. 15000 WASTEWATER COLLECTIONS:

Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. We continue to work with the City Engineer for the replacement of a section of sewer line along Highway 33. There were three (3) calls for sewer plugs, one (1) on the City side and two (2) on Customer side. Staff is continuing the enzyme treatment for grease.
18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:

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

July 14, 2022 Pg. 39
Monthly Report
May 2022
Vehicle Abatements
Total of Vehicles Tagged (private property) 02
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 02
Property Abetments
Mailed Abetments 21
Courtesy Verbal Abetments 26
Courtesy Door Hangers 28
Abetments Completed 65
Pending 10
Miscellaneous Complaints
Illegal Business/Expired License 01
Stop Work/No Permit 01
Illegal Occupancy 01
Illegal Venders 01
Complaints Received 08
*Phone 03
*Walk In 00
Miscellaneous Inspections 57
Miscellaneous Meetings 05
Recycling Control 06
Graffiti Control 10
Water Waste Control (verbal and/or citations) 13
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 01
Notes: While graffiti still a problem we are doing our best to stay on top of it. Now it looks like its slowing down a bit. We been still on education on water waste with plans to start be stricter on warnings and citations in the month of July. Notices about the new water rules were sent out July 9th, and should be in all customer’s inboxes by July 15th.

July 14, 2022 Pg. 40

CITY OF AVENAL

ANIMAL CONTROL ACTIVITY REPORT
JUNE 2022
TO: Rob Williams, Public Works Director
FROM: Luis E. Gonzales, Animal Control Department
DATE: July 6, 2022
Animal Control Activity Report
Dogs Detained 20
Returned to Owner 04
Adopted 00
Died in Shelter 01
Euthanized 00
Stolen from Shelter 0
Escaped from Shelter 0
Remaining in Shelter 08
Dog Bite(s) 1
Citations 1
Complaints 00
Door Hangers 00
Cats Detained 22
Euthanized 00
Rescued 22
Redeemed 00
Adopted 00
Dogs Rescued 07
Roosters/Chickens/Owls/Turtles, etc. 00
Deceased Animals Received
Dogs 00
Cats 15
Other Animals Deceased 00

Dogs Redeemed from MAY THAT WERE LEFT 01
Dogs Rescued from MAY THAT WERE LEFT 02
July 14, 2022 Pg. 41

CITY OF CORCORAN

ANIMAL CONTROL ACTIVITY REPORT
JUNE 2022
TO: City of Corcoran, Animal Control Department
FROM: Luis E. Gonzales, Animal Control Department
DATE: July 6, 2022
Animal Control Activity Report
Dogs Detained 28
Returned to Owner 01
Adopted 01
Died in Shelter 00
Euthanized 09
Stolen from Shelter 0
Escaped from Shelter 0
Remaining in Shelter 05
Dog Bite(s) 1
Citations 0
Cats Detained 23
Rescued 23
Euthanized/Feral 00
Returned to Owner 00
Adopted 00
Roosters/Chickens/Rabbits/Ducks, etc. 00
Deceased Animals Received
Dogs 08
Cats 29
Other Animals Deceased 00
DOGS RESCUED FROM JUNE 2022 15
DOGS RESCUED LEFT FROM MAY 2022 09
DOGS REDEEMED LEFT FROM MAY 2022 01
DOGS EUTHANIZED LEFT FROM MAY 2022 03

July 14, 2022 Pg. 42
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 7. - A.2
Special Presentation:

Josephine Buchanan -
Community
Engagement Specialist
at DKS Associates
July 14, 2022 Pg. 43
July 14, 2022 Pg. 44
Who is KCAG and what do we do?
• Metropolitan Planning Organization for the
Kings County Region.
• Association of local governments with all four
Cities and the County of Kings are members.
• One of 18 in California and 381 nationwide
• Administer the flow of federal and state
transportation funding to our member agencies.

July 14, 2022 Pg. 45
What is Kings Regional Vision?
3 This is an update to our
Regional Transportation
Plan including a
Sustainable
Communities Strategy.

Guides transportation
investments, priorities,
and plans.

Focus on regional issues
and multiple modes
Link with land use,
housing & employment.

Covers 25 years
thru 2046.

July 14, 2022 Pg. 46
• Have a shared vision of all of the Cities and the
County.
• Be financially sound – what can we realistically
pay for?
• Emphasize system preservation.
• Provide prioritized list of transportation projects.
• Meet state and federal requirements.
4 What must the Plan do?
July 14, 2022 Pg. 47
Scenario
Development
July 14, 2022 Pg. 48
A. Current Trend Land Use: Consistent with local agency General Plans B. Residential Infill – Current Trend Land Use Plus ADU and Lot Split Activity in residential areas – consistent with local agency zoning code updates and SB-9 C. Scenario A Land Use with: Enhanced Electromobility; Broadband Expansion; Active Transportation
D. Scenario B Land Use with: Enhanced Electromobility; Broadband Expansion; Active Transportation
Scenario Development
July 14, 2022 Pg. 49
Financially Constrained Tier I Project Lists
July 14, 2022 Pg. 50
Scenario Testing
July 14, 2022 Pg. 51
July 14, 2022 Pg. 52
Terri King, Executive Director
KCAG
[email protected]
(559) 852-2678
Kendall Flint, Outreach Task Manager
DKS Associates
[email protected]
(650) 455-1201
Questions?
July 14, 2022 Pg. 53
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: July 14, 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.

July 14, 2022 Pg. 54
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: June 23, 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.

As of May 18, 2022, USBR has conditionally allocated 2,000 acre feet of water to the City of Avenal as Public Health & Safety use. On average in the last few years, the City has required 2,300 acre feet of water under Tier III drought emergency conditions. As the City continues growing and new houses being build, 2,000 acre feet of water may not be enough and additional water may be need.

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.

July 14, 2022 Pg. 55
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A-1
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: JULY 14, 2022
SUBJECT: Consider a Resolution Amending the 16-CDBG-11133 Grant Agreement to allocate additional CDBG Program Income (PI) into the Community Sports and Recreation Center
BACKGROUND:

The City was awarded funds under the 2016 Community Development Block Grant “Notice of Funding Availability” (NOFA) in the amount of $1,850,000 to fund a Homebuyer Assistance and Housing Rehabilitation Programs, as well as the Avenal Community Sports and Recreation Center “Community Center”. At the time of award $1,209,302 was committed for the development of the Community Center which identified all site improvements, utilities, site and building infrastructure, building installation, interior framing, wall finishes, kitchen fixtures (no appliances), bathrooms, fire sprinklers, metal rollup doors, signage, ventilation, fans, plumbing, air conditioning, exterior lighting, smoke detectors, electrical, lighting and phone service.

A budget amendment was requested on January 12, 2017, reducing funds awarded to both the Homebuyer Assistance and Housing Rehabilitation Programs moving funds of $290,698 to the Community Center Project to aid in covering increase material and labor costs.

Construction of the budgeted portion of Phase One was currently 98% complete and 98.5% of the committed funds have been expended. The City currently does not have sufficient funds to complete the basketball court and multipurpose room, thereby preventing its ability to provide benefit to the anticipated beneficiaries.
* The additional $100,000 in CDBG Program Income (PI) has not materialized because the only source of PI at the City of Avenal are loan payoffs and monthly loan payments from our CDBG-funded First-Time Homebuyer and Owner-Occupied Rehabilitation loans. We have not had enough loan payoffs/payments on CDBG housing loans to allocate additional funds to the Avenal Community Center Project.

On May 29, 2020, a request for an extension of time and additional funding letter was sent to HCD for review. Once notification was given to HCD on August 19, 2020, approval was granted and an additional funding of $600,079 was added to the Parks and Recreation Facilities (03F) fund of Contract 16-CDBG-11133. Since then, construction has halted due to the COVID-19 pandemic and the drafting and designing of Phase 2 and Phase 3 had not been officially completed. With all July 14, 2022 Pg. 56
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A-1
the final calculations of what is still needed to be constructed and the remaining timeline, the city is in the process of reducing its scope of work to Phase 2 portion of the project and work simultaneously to a full buildout project. The direction at which the city has now chosen would be more conducive in regards of construction and development.

The City is aware of the budgeted cost and financial investment of this project and the desperate need to complete this, Center. In the Fall of 2021, the city received allocated funds from the State of CA budget and in the amount of $2,000,000.00 to designate the Community Center to a Cooling Center for the City. We are very appreciative to Senator Melissa Hurtado and Assembly member Rudy Salas. The city will also be allocating approximately $250,000 in Program Income funding to the project to continues to construction work of Phase 2. We will continue to progressively work on procuring any additional funding we need for the build out of this Community Center.

RECOMMENDATION:

1. Approved a Budget Transfer of the eligible Program Income be committed to the public facility as needed, including that of the existing $390,848; and

2. Authorize the City Manager and/or the Director of Community and Economic Development or designee to transfer or modify budget amounts and activities necessary to fully expend Program Funds and to execute loan documents Funds request and other required reporting forms; and

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

FISCAL IMPACT:

Budget Transfer of an additional $250,000.00 Program Income along with the Existing $100,000.00 Programs Income Already approved by Council to the Community Center Account 16-CDBG-11133 or CC-Community Center account.

July 14, 2022 Pg. 57

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF: A

RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF

AVENAL APPROVING AN
AMENDMENT TO THE 16-CDBG11133 GRANT AGREEMENT FOR

THE ADDITION OF ADDITIONAL

CDBG PROGRAM INCOME INTO

THE COMMUNITY SPORTS AND
RECREATION CENTER.

RESOLUTION 2022-_ __
WHEREAS, the City Council of the City of Avenal (“City”) was awarded funds under the 2016 Community Development Block Grant in the amount of $1,850,000.00 to fund a Homebuyer Assistance and Housing Rehabilitation Programs, as well as the Avenal Community Sports and Recreation Center “Community Center”: and
WHEREAS, At the time of award $1,209,302 was committed for the development of the Community Center which identified all site improvements, utilities, site and building infrastructure, building installation, interior framing, wall finishes, kitchen fixtures (no appliances), bathrooms, fire sprinklers, metal rollup doors, signage, ventilation, fans, plumbing, air conditioning, exterior lighting, smoke detectors, electrical, lighting and phone service; and WHEREAS, A budget amendment was requested on January 12, 2017, reducing funds awarded to both the Homebuyer Assistance and Housing Rehabilitation Programs moving funds of $290,698 to the Community Center Project to aid in covering increase material and labor costs; and
WHEREAS, The funding agreement was later amended on May 6, 2019, to reduce the scope of work for the recreation facility and adding CDBG Program Income of $290,535, plus up to an additional $100,000 of PI (which has not materialized*), bringing the total project budget to $1,890,535 ($1,790,535 actual). The amendment reduced the scope of work by eliminating utility connections, bathrooms, interior framing and finish work, phone, internet, fire and security systems, countertops, and kitchen equipment, while adding an indoor basketball court and multipurpose room/dance studio; and
WHEREAS, On May 29, 2020, a request for an extension of time and additional funding letter was sent to HCD for review. Once notification was given to HCD on August 19, 2020, approval was granted and an additional funding of $600,079 was added to the Parks and Recreation Facilities (03F) fund of Contract 16-CDBG-11133 giving a total Project fund to approximately $2,450,079.00; and
July 14, 2022 Pg. 59

Page 2 of 2 ends

WHEREAS, the City has determined that another Amendment to the Public Facility is necessary to ensure continuous construction of the Public Facility and to mee the National Objective of the 2016 CDBG Contract for the Community Center Project; WHEREAS, the City proposed to add additional Program Income Funds of up to $250,000.00 into the Community Center Project;

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

1. Found that the foregoing recitals are true;

2. Approved a Budget Transfer of the eligible Program Income be committed to the Public facility as needed, including that of the existing $390,848; and

3. Authorize the City Manager and the Director of Community and Economic Development, or their designee, to transfer or modify budget amounts and activities necessary to fully expend Program Funds and to execute loan documents Funds request and other required reporting forms; and

4. Authorized the City Manager, and all relevant City staff to conduct the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
July 14, 2022 Pg. 60
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 10. C.1
TO: Honorable Mayor and City Council
FROM: Antony V. Lopez, City Manager
DATE: July 11, 2022
RE: Consider Authorizing the City Manager to enter into a Lease Agreement between Spectrum Pacific West, LLC, and the City of Avenal
INFORMATION:

In early 2021, representatives from Spectrum (formerly Charter/Time Warner/Bright House), reached out to City Staff regarding the lease agreement to a portion of City property atop the hills along SR 269, where Tank 3 resides. Currently Spectrum/Charter holds a building and antenna on the site which provides the coaxial cable communications (Spectrum Fiber) to the residents of Avenal.

The City has leased this piece of property to the variously named cable companies since 1998 and have signed onto at least two addendums since then. Each agreement and addendum have been for periods up to five years. The original contracted amount in 1998 started at $1,200 per year; $2,500 in 2012; and most recently $3,000 in 2017.

The lease is currently set to expire by November 2022. Spectrum’s representatives originally offered to increase the payment by 3% per year to follow inflation, but Staff felt that amount was not agreeable. After many discussions and negotiations, Spectrum has now agreed to pay $1,000 per month, or $12,000 for each year of the lease, with a 3% increase per year. Staff also attempted to negotiate a trade by offering to extend Spectrum fiber services to the new Community Center (cost estimate at $100,000), yet the company wished to keep those business requests separate from this agreement.

Staff also negotiated to have Spectrum draft up a new, cleaner agreement (attached), which the City’s Legal Counsel is still reviewing. Once the lease agreement is reviewed and agreed upon by both the City and Spectrum, Staff would like to execute the agreement. Spectrum’s representatives have been patient with the City and want an assurance that the agreement will be signed before the current lease expires.

RECOMMENDATION:

By Resolution, authorize the City Manager to sign the Lease Agreement between Spectrum Pacific West, LLC, and the City of Avenal, once approved and finalized by the City Attorney.

July 14, 2022 Pg. 61
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 10. C.1
FISCAL IMPACT:

The City will be compensated by Spectrum for the lease agreement at a rate of $1,000.00 per month, or $12,000 per year. Staff has indicated to Spectrum that a full year payment ($12,000) must be made in advance of each lease year. This money will go towards the City’s General Fund account.

July 14, 2022 Pg. 62

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

A RESOLUTION OF THE CITY OF

AVENAL AUTHORIZING CITY

MANAGER TO SIGN AND ENTER

INTO A LEASE AGREEMENT

BETWEEN SPECTRUM PACIFIC

WEST, LLC, AND THE CITY OF
AVENAL
RESOLUTION 2022-____
WHEREAS, in February 1998, the City of Avenal had entered into a Lease Agreement with Bright House Networks (formerly Time Warner Cable) for use of City property which to locate communications equipment; and
WHEREAS, the first addendum for an additional five (5) year term was approved by the City Council on August 9, 2012, in the amount of $2,500 per year; and WHEREAS, the second addendum for an additional five (5) year term was approved by the City Council on July 13, 2017, in the amount of $3,500 per year; and WHEREAS, in 2022, the City and Spectrum Pacific West, LLC have negotiated a new Lease Agreement to replace the prior Lease Agreements with Bright House Networks/Time Warmer/Charter; and
WHEREAS, the currently presented version of the Lease Agreement is not the final version; and
WHEREAS, both parties are currently finalizing the language to the Lease Agreement but have generally agreed to enter into a Lease Agreement, for a period of five (5) years, in the amount of $12,000 per year; and
WHEREAS, once the City and Spectrum Pacific West, LLC agree to a final version of the lease agreement and upon final approval by the City Attorney can the City Manager execute the Lease Agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Avenal held on July 14, 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 July 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
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

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

2. Upon final revision by the City Attorney, the City Council of the City of Avenal does hereby authorize the City Manager to enter into a Lease Agreement between Spectrum Pacific West, LLC, and the City of Avenal, for a period of five (5) years, in the amount of $12,000 per year to be paid to the City.

3. 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.

File ID No.: CA1001
C214 1691 v1c (3/9/22)

LAND LEASE AGREEMENT
This Land Lease Agreement (this “Lease”) is entered into by and between Landlord and Tenant (each as defined in Section 1.1 below), effective as of the _____ day of __________, 2022 (the “Effective Date”). Landlord and Tenant agree:

ARTICLE 1 -- BASIC LEASE INFORMATION

1.1 Basic Lease Information. In addition to the terms that are defined elsewhere in this Lease, these terms are used in this Lease:
(a) Landlord: City of Avenal, a Municipal Corporation.
(b) Landlord’s Address: City of Avenal
919 Skyline Boulevard
Avenal, California 93204
Attn: City Manager
(c) Tenant: Spectrum Pacific West, LLC, a Delaware limited liability company.
(d) Tenant’s Address: Spectrum Pacific West, LLC
c/o Charter Communications
6360 S. Fiddlers Green Circle
Suite 100
Greenwood Village, Colorado 80111-4951
Attn: Charter Real Estate
File ID No.: CA1001
And with a copy by email to:
[email protected]
(e) Landlord’s Property: The land located at 919 Skyline Boulevard in Avenal, California, in Kings County depicted on Exhibit A attached hereto and further described on Exhibit C attached hereto, of which the Land (as defined below) is a part.
(f) Land: Two portions of land located on Landlord’s Property, with one such portion measuring approximately 51 feet by 19 feet and the other such portion measuring approximately 13.6 feet by 13.6 feet as such two portions are depicted on Exhibit A and Exhibit B attached hereto, together with the non-exclusive right to use any other portion of Landlord’s Property or other land owned by Landlord necessary for access to and from the Land and to run cable, conduit, utility, wiring, and other communications lines from a public right-of-way to the Land.

July 14, 2022 Pg. 65
File ID No.: CA1001
2 (g) Permitted Use: The Land may be used for Tenant’s (or any co-locator’s) cable, telecommunications, video, broadband, 911 or other emergency services and wireless business, as the same may be expanded from time to time, including, but not limited to, constructing, maintaining, repairing and operating the Improvements (as defined in Section 2.2 below) on the Land, and for purposes incidental thereto.
(h) Term: 60 months, beginning on the Commencement Date and expiring on the Expiration Date.
(i) Commencement Date: November 1, 2022.
(j) Expiration Date: October 31, 2027.
(k) Rent: Rent shall be $_12,000.00____ per year and shall increase annually at the rate of 3%, which annual increase shall continue with respect to any applicable Renewal Term (as defined below). The first such increase shall occur on November 1, 2023.
(l) Broker: None.
(m) Renewal Terms: Two renewal terms of five years each.

1.2 Exhibits. The following exhibits are attached to this Lease and are made part of this Lease:

Exhibit A: Survey of Landlord’s Property
Exhibit B: Depiction of the two parcels comprising the Land Exhibit C: Description of Landlord’s Property
ARTICLE 2 -- AGREEMENT AND USE

2.1 Lease. Landlord hereby demises and leases to Tenant the Land, and Tenant leases the Land from Landlord, according to the terms and conditions of this Lease.

2.2 Use. Tenant shall use the Land only for the Permitted Use. Tenant shall not use the Land for any unlawful purposes. Tenant shall have the right to make any alterations, additions or improvements (collectively, the “Improvements”) to the Land as Tenant shall desire; provided, however, that Tenant will not make or allow to be made any Improvements upon or under the Land that violate any applicable law. Any Improvements constructed, placed or maintained upon or under any part of the Land shall be and remain during the Term, including any Renewal Terms, the property of Tenant or Tenant’s successors or assigns. Pursuant to Section 5.1 below, Tenant shall have the right, but not obligation, to remove any Improvements from the Land. Tenant will maintain the Improvements constructed by Tenant and keep the Improvements in good repair; provided, however, that Tenant shall have no obligation to make any such repairs or replacements during the last 180 days of the Term. Tenant will keep the Land free from all trash, debris, and July 14, 2022 Pg. 66
File ID No.: CA1001
3 waste. Landlord will provide Tenant with vehicular access to the Land 24 hours per day, seven days a week, 365 days a year.

2.3 Interference. Landlord will not construct or install, nor permit the construction or installation by third parties of, improvements or equipment on land owned by Landlord located in the vicinity of the Land that interferes with the operation of the Improvements or Tenant’s equipment or business operations. Tenant shall have the right to clear trees or other vegetation from the Land or other land owned by Landlord located near the Land that interferes with the operation of the Improvements or Tenant’s equipment or business operations.

2.4 Term. The duration of the Lease shall be the Term. The Term will commence on the Commencement Date and will expire on the Expiration Date.

2.5 Prior Lease.
(a) Landlord and Tenant acknowledge that Tenant is currently in possession of the Land pursuant to the Lease Agreement dated February 15, 1998 between Landlord and Time Warner Entertainment-Advance/Newhouse Partnership, predecessor-in-interest to Tenant, as amended by the Addendum to Lease Agreement dated February 15, 1998, dated August 15, 2012, and further amended by the Addendum No. 2, dated July 13, 2017 (collectively, the “Prior Lease”). Pursuant to the Prior Lease, Tenant constructed, and is the sole and exclusive owner of the Improvements (including, but not limited to, a building and a tower located on the Land). The Prior Lease will automatically terminate on the Commencement Date of this Lease, and as of the Commencement Date of this Lease, the Prior Lease shall be of no further force or effect except for those obligations that expressly survive the expiration or termination of the Prior Lease. As of the Commencement Date, Tenant shall remain in possession of the Land under the terms of this Lease. (b) Landlord hereby represents and warrants that as of the Effective Date, (1) Tenant is not in default or breach of the Prior Lease; (2) no event has occurred which with the passage of time or the giving of notice would constitute such a breach or default of the Prior Lease; and (3) all rent, additional rent and other amounts due and payable under the Prior Lease have been paid current to date.

ARTICLE 3 -- RENT AND TAXES

3.1 Rent. Tenant will pay Rent to Landlord as rent for the Land. Rent will be paid in advance, at Landlord’s Address, on or before November 1st of each year of the Term of this Lease, without notice or demand, except as provided herein. Landlord agrees that Tenant may make all rental payments via ACH transfer or any other form of direct deposit (and Landlord will provide Tenant with all bank instructions and other information needed for such ACH transfer or other direct deposit payment).

3.2 Taxes. Landlord will pay when due all real property taxes and assessments assessed, levied, or imposed during the Term on the Land. Tenant will pay when due all personal property taxes on Tenant’s personal property on the Land.

July 14, 2022 Pg. 67
File ID No.: CA1001
4 ARTICLE 4 -- INSURANCE AND INDEMNITY

4.1 Tenant’s Insurance. At all times during the Term of this Lease, Tenant shall maintain, at Tenant’s expense, the following insurance from insurers authorized to do business in the state where the Land is located:
(a) Commercial General Liability insurance with an occurrence limit of not less than $1,000,000 and an aggregate of $2,000,000. Tenant shall name Landlord as an additional insured and provide Landlord, upon written request, with certificates evidencing such coverage. (b) Employer’s Liability with a limit of $500,000 and Statutory Worker’s Compensation pursuant to the Worker’s Compensation laws of the state where the Land is located. (c) Further, Tenant will assume all risk for Tenant’s trade fixtures, equipment and other personal property. Tenant shall have the right to satisfy its obligations under this section through a program of self-insurance.

4.2 Landlord’s Insurance. At all times during the Term of this Lease, Landlord will carry and maintain “All Risk” property (including earthquake and flood) insurance covering the Land and its equipment in amounts not less than their full replacement cost. Landlord shall also carry commercial general liability insurance with a minimum of $1,000,000 per occurrence and $2,000,000 aggregate. Upon request by Tenant, Landlord shall provide Tenant with a certificate of insurance evidencing Landlord’s required insurance herein.

4.3 Waiver of Subrogation. Notwithstanding anything to the contrary contained in this Lease, Landlord and Tenant each waives any claims that it may have against the other to the extent such claims are covered by property insurance policies required to be carried under this Lease, or any other property insurance actually carried by such party and covering Landlord’s Property or the Land. Landlord and Tenant agree that they will cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies required to be carried under this Lease, or any other property insurance actually carried by such party and covering the Landlord’s Property or the Land.

4.4 Indemnification. Landlord will indemnify and hold harmless Tenant, its subsidiaries and affiliated entities, and the officers, directors, employees, shareholders, members, managers, representatives and agents of the foregoing from and against, any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including, without limitation, reasonable attorneys’ fees) which arise out of or relate to: (a) the use or occupancy or manner of use or occupancy of the Land by Landlord or any person claiming under Landlord; (b) any activity, work, or thing done or permitted by Landlord in or about the Land; or (c) any injury, loss or damage to the person, property or business of Landlord, its employees, agents, contractors or any invitees entering upon the Land under the express or implied invitation of Landlord. If any action or proceeding is brought against Tenant or its employees or agents by reason of any such claim for which Landlord has indemnified Tenant, Landlord, upon written notice from Tenant, will defend the same at Landlord’s expense with counsel reasonably satisfactory to Tenant.

July 14, 2022 Pg. 68
File ID No.: CA1001
5 ARTICLE 5 -- END OF THE TERM

5.1 Surrender. Tenant shall have the right, but not the obligation, for 60 days after the expiration or termination of this Lease (the “Removal Period”), to remove all or any portion of Tenant’s equipment or the Improvements constructed or installed by Tenant. If Tenant fails to remove all or any portion of Tenant’s equipment or the Improvements from the Land within the Removal Period, then the same shall revert to and become the property of Landlord in its “AS-IS” present condition, without any representations, warranties, costs or liabilities of any kind whatsoever by or against Tenant or the necessity of further documentation or of payment by Landlord therefor, and Tenant shall have no further liability with regard to the Improvements or Tenant’s equipment remaining on the Land. Tenant’s rights under this section shall survive the expiration or other termination of this Lease.

5.2 Holdover. If, after expiration of this Lease, Tenant remains in possession of the Land and continues to pay rent without a written agreement as to such possession, then such tenancy will be regarded as a month-to-month tenancy, terminable by either party upon 30 days’ written notice to the other, at a monthly rental, payable in advance, equivalent to one twelfth (1/12th) of the last annual Rent paid under this Lease, and subject to all the terms and conditions of this Lease.

ARTICLE 6 -- DEFAULT

6.1 Events of Default. The occurrence of any one of the following events shall constitute an “Event of Default” hereunder by Tenant:
(a) The failure by Tenant to make any payment required to be made by Tenant hereunder on or before its due date, where such failure continues for 15 days after receipt of written notice from Landlord of such failure.
(b) The failure by Tenant to observe or perform any of the covenants or other provisions of this Lease to be observed or performed by Tenant, where such failure continues for a period of 30 days after receipt of written notice thereof from Landlord to Tenant; provided that if the nature of Tenant’s default is such that more than 30 days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said 30- day period and thereafter diligently prosecutes such cure to completion.

6.2 Remedies of Landlord.
(a) On the occurrence of an Event of Default, Landlord shall have the following rights:
(1) To terminate this Lease, in which case Tenant’s right to possession of the Land will cease and this Lease will be terminated as if the expiration of the Term fixed in such notice were the end of the Term of this Lease.
(2) To lawfully reenter and take possession of the Land, expel Tenant and remove the effects of Tenant, using such force for such purposes as may be reasonably July 14, 2022 Pg. 69
File ID No.: CA1001
6 necessary, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease. In such case, Landlord shall use reasonable efforts to relet the Land for the account of Tenant on market conditions and terms, and Landlord may collect and receive the rent.

Tenant will pay to Landlord Rent and other sums as provided in this Lease that would be payable under this Lease if such repossession had not occurred, less the net proceeds, if any, of any reletting of the Land.
(3) To cure any Event of Default and to charge Tenant for the cost of effecting such cure including, without limitation, reasonable attorneys’ fees and costs, provided that Landlord will have no obligation to cure any such Event of Default of Tenant. (b) Upon any Event of Default by Tenant, Landlord shall be required to use commercially reasonable efforts to mitigate its damages.

6.3 Landlord’s Default. In the event of any default by Landlord in the performance of its obligations under this Lease, Tenant will deliver to Landlord written notice of such default.

If Landlord fails to cure such default within one business day after receipt of written notice of such default (the “Cure Period”), Tenant shall have the right, in its sole discretion, to exercise such self-help measures as may be reasonably necessary to cure Landlord’s default. Any costs and expenses incurred by Tenant to cure such default shall, at its option, be: (a) reimbursed by Landlord upon demand, or (b) offset against Rent due or becoming due. If Landlord fails to cure any default within 30 days after receipt of written notice of such default, Tenant shall have the right to terminate this Lease, without penalty, upon written notice to Landlord, such termination to be effective as of the termination date designated on Tenant’s termination notice. Whether or not Tenant exercises its self-help right, Rent shall be abated from the date following expiration of the Cure Period until the date the specified default is cured by Landlord (the “Abatement Period”), and Landlord shall, upon demand, reimburse Tenant for that portion of Rent applicable to the Abatement Period (based on the daily proration of the then-current Rent) or alternatively, Tenant may offset such amounts against Rent due or becoming due.

6.4 Remedies Not Exclusive. Each right and remedy provided for in this Lease is cumulative and is in addition to every other right or remedy provided for in this Lease or at law or in equity.

ARTICLE 7 -- GENERAL

7.1 Quiet Enjoyment. Tenant shall be entitled to the quiet enjoyment and possession of the Land without hindrance, disturbance or molestation by Landlord, its agents, or other tenants, subject to the terms and conditions of this Lease.

7.2 Liens.
(a) Tenant will keep the Land free and clear of all mechanics’ liens and other liens on account of work done for Tenant or persons claiming under Tenant. (b) If any such lien, at any time, is filed against the Land, Tenant will cause such lien to be discharged of record within 20 days after the filing of such lien, except that if Tenant July 14, 2022 Pg. 70
File ID No.: CA1001
7 desires to contest such lien, it will furnish Landlord, within such 20-day period, security reasonably satisfactory to Landlord of 150% of the amount of the claim, plus estimated costs and interest or comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord. (c) Except with respect to a post-judgment lien, Landlord shall not have the right to place a lien, whether statutory, consensual or otherwise, on any furniture, trade fixtures, signage, equipment, wiring, systems or other personal property of Tenant located in or about the Land.

7.3 Environmental Matters.
(a) Tenant’s Obligations.
(1) Tenant will not cause the storage, treatment or disposal of any Hazardous Materials (as defined in Section 7.3(c) below) in, on, or about the Land in violation of Environmental Laws (as defined in Section 7.3(c) below). Tenant will not affirmatively allow the Land to be used or operated by Tenant or its employees in a manner that causes the Land or any part of the Land to be contaminated by any Hazardous Materials in violation of any Environmental Laws.
(2) Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents and employees harmless from and against all reasonable, actual and direct claims, costs, and liabilities, including attorneys’ fees and costs, arising out of or in connection with Tenant’s breach of its obligations in this section. (b) Landlord’s Obligations.
(1) Landlord hereby represents and warrants to Tenant that:
(A) The Land is not contaminated by any Hazardous Materials; (B) No portion of the Land is being used for the treatment, storage, or disposal of any Hazardous Waste (as defined in Section 7.3(c) below); (C) No Hazardous Materials are being used, generated, or disposed of on or about the Land except in compliance with all applicable Environmental Laws; and
(D) The Land is not on any governmental list of contaminated properties, nor is any investigation, administrative order or notice, consent order, or agreement for litigation in existence or anticipated with respect to the Land.

July 14, 2022 Pg. 71
File ID No.: CA1001
8 (2) Landlord covenants that, during the Term of this Lease, it will not cause or permit the treatment, storage, or disposal of any Hazardous Waste in, on or about any part of the Land by Landlord, its agents, employees, or contractors, and it will permit the introduction of other Hazardous Materials to the property only in compliance with all Environmental Laws. (3) Landlord will be solely responsible for and will defend, indemnify, and hold Tenant, its agents, and employees harmless from and against all direct claims, costs, liabilities and penalties, including attorney’s fees and costs arising out of or in connection with Landlord’s breach of its obligation under this subsection (b). Landlord will be solely responsible for and will defend, indemnify, and hold Tenant, its agents, and employees harmless from and against any and all direct claims, costs, liabilities and penalties, including attorney’s fees and costs, arising out of or in connection with the removal, CERCLA (as defined in Section 7.3(d) below) or other cleanup, or restoration of the Land, except for any cleanup caused by Tenant’s introduction of Hazardous Materials to the Land. Landlord’s obligations under this Section will survive the expiration or other termination of this Lease.
(4) If removal, cleanup, or restoration work materially interferes with Tenant’s use of the Land, in Tenant’s sole determination, for a period in excess of three days then, without limiting Tenant’s other available rights and remedies, Tenant may terminate this Lease without penalty, upon notice to Landlord, such termination to be effective as of the termination date specified in such notice.
(c) Notwithstanding anything to the contrary contained in this Lease, in no event will Tenant be responsible for any Hazardous Materials that existed in or about the Land prior to the date of this Lease. Landlord will be responsible, at its sole cost, for the remediation of, and will defend, indemnify, and hold Tenant, its agents, and employees harmless from and against all claims, costs, liabilities and penalties, including, without limitation, reasonable attorneys’ fees and costs arising out of or in connection with Hazardous Materials discovered in or about the Land, except to the extent first introduced to the Land by Tenant. Landlord’s obligations under this section will survive the expiration or other termination of this Lease. (d) “Hazardous Materials” means asbestos, petroleum products, explosives, radioactive materials, hazardous waste, hazardous substances, or hazardous materials including, without limitation, substances defined as “hazardous substances” in the Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. Sections 9601-9657 (“CERCLA”); the Hazardous Material Transportation Act of 1975, 49 U.S.C. Sections 1801-1812; the Resource Conservation Recovery Acts of 1976, 42 U.S.C. Sections 6901-6987; the Occupational Safety And Health Act of 1970, 29 U.S.C. Section 651, et seq.; or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials, wastes or substances now or at any time hereinafter in effect (collectively, “Environmental Laws”). “Hazardous Waste” means hazardous waste as defined under the Resource Conservation Recovery Act of 1976, 42 U.S.C. Sections 6901-6987.Assignment and Subletting. Tenant shall have the right, without the prior written consent of Landlord, to (a) assign, mortgage, hypothecate, pledge or transfer all or any part of this Lease or Tenant’s interest under this Lease; or (b) sublet all or any portion of the Land at any time and from time to time. If Landlord sells or otherwise July 14, 2022 Pg. 72
File ID No.: CA1001
9 transfers or assigns its interest in this Lease or the Land, such purchaser, transferee or assignee shall be deemed to have assumed all of Landlord’s obligations hereunder, and this Lease shall remain in full force and effect and be binding upon and enforceable against such party. Landlord and its successors and assigns, shall upon request from Tenant, execute, acknowledge and promptly deliver to Tenant (or Tenant’s lender) a statement in writing certifying that (1) that this Lease is in full force and effect and the date to which the rental and other charges are paid in advance; (2) that there are not any cured defaults on the part of Tenant; and (3) such other matters as Tenant (or Tenant’s lender) may request.

7.4 Assignment and Subletting. Tenant shall have the right, without the prior written consent of Landlord, to (a) assign, mortgage, hypothecate, pledge or transfer all or any part of this Lease or Tenant’s interest under this Lease; or (b) sublet all or any portion of the Land and the Improvements at any time and from time to time. Further, Tenant shall have the right, without Landlord’s consent, to grant another company or entity (the “Co-locator”) the right to collocate antennas or other equipment on, about, in or around Tenant’s facilities on the Land.

7.5 Transfer on Sale. If Landlord sells or otherwise transfers or assigns its interest in this Lease or the Land, such purchaser, transferee or assignee (“Transferee”) shall be deemed to have assumed all of Landlord’s obligations hereunder, the assignor shall be released from all further obligations and liabilities under this Lease, and this Lease shall remain in full force and effect and be binding upon and enforceable against Landlord and Transferee. Landlord and its successors and assigns, shall upon request from Tenant, execute, acknowledge and promptly deliver to Tenant (or Tenant’s lender) a statement in writing certifying that (a) that this Lease is in full force and effect and the date to which the rental and other charges are paid in advance; (b) that there are not any cured defaults on the part of Tenant; and (c) such other matters as Tenant (or Tenant’s lender) may request.

7.6 Binding Effect. This Lease will bind and inure to the benefit of Landlord and Tenant and their respective successors, heirs, administrators and assigns, except as otherwise provided in this Lease.

7.7 Notices. Any notice or other communication required or permitted under this Lease must be in writing and may be given by personal delivery, by being deposited with any nationally recognized overnight carrier that routinely issues receipts, or by being deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, addressed to the party for whom it is intended at its address set forth in Section 1.1. Any such notice shall be deemed delivered upon (but not until) receipt or refusal of receipt. Either Landlord or Tenant may add additional addresses or change its address for purposes of receipt of any such communication by giving 10 days prior written notice of such change to the other party in the manner prescribed in this section.

7.8 Tenant’s Name. Landlord is prohibited from using Tenant’s name, logo, mark or any other identifying symbol as a business reference, in advertising or sales promotion, or in any publicity matter without Tenant’s prior written consent.

July 14, 2022 Pg. 73
File ID No.: CA1001
10 7.9 Time of the Essence. Time is of the essence for each and every provision of this Lease.

7.10 No Waiver. The waiver by either Landlord or Tenant of any agreement, condition, or provision contained in this Lease will not be deemed to be a waiver of any subsequent breach of the same or any other agreement, condition, or provision contained in this Lease.

7.11 Disputes.
(a) Any claim, controversy or dispute arising out of or relating to this Lease, or the breach thereof, shall be resolved fully and finally by binding arbitration under the Commercial Rules, but not the administration, of the American Arbitration Association, except to the extent that the Commercial Rules conflict with this provision, in which event, this Lease shall control.

This arbitration provision shall not limit the right of Landlord prior to or during any such dispute to seek, use, and employ ancillary, or preliminary or permanent rights and/or remedies, judicial or otherwise, for the purpose of maintaining the status quo until such time as the arbitration award is rendered or the dispute is otherwise resolved. Within 10 calendar days of service of a Demand for Arbitration, the parties may agree upon a sole arbitrator, or if a sole arbitrator cannot be agreed upon, a panel of three arbitrators shall be named. One arbitrator shall be selected by Landlord and one shall be selected by Tenant. A knowledgeable, disinterested and impartial arbitrator shall be selected by the two arbitrators so appointed by the parties. If the arbitrators appointed by the parties cannot agree upon the third arbitrator within 15 business days, then either party may apply to any judge in any court of competent jurisdiction for appointment of the third arbitrator. There shall be no discovery during the arbitration other than the exchange of information that is provided to the arbitrator(s) by the parties. The arbitrator(s) shall have the authority only to award equitable relief and compensatory damages, and shall not have the authority to award punitive damages or other non-compensatory damages. The decision of the arbitrator(s) shall be rendered within 60 calendar days after the date of the selection of the arbitrator(s) or within such period as the parties may otherwise agree. Each party shall be responsible for the fees, expenses, and costs incurred by the arbitrator appointed by each party, and the fees, expenses and costs of the third arbitrator (or single arbitrator) shall be borne equally by the parties. The decision of the arbitrator(s) shall be final and binding and may not be appealed. Any party may apply to any court having jurisdiction to enforce the decision of the arbitrator(s) and to obtain a judgment thereon. (b) Notwithstanding the foregoing, at Landlord’s option, the following claims, controversies or disputes need not be resolved by arbitration: (1) any action by Landlord that seeks repossession of the Land and/or past due and unpaid Rent as part of Landlord’s remedy, (2) any action by Landlord seeking an injunction or temporary restraining order, and (3) any action by Landlord seeking any prejudgment remedy. Further, the parties may cancel or terminate this Lease in accordance with its terms and conditions without being required to follow the procedures set forth in this Section.

7.12 Brokers. Landlord and Tenant respectively represent and warrant to each other that neither of them has consulted or negotiated with any broker or finder with regard to the Land, and each party agrees to indemnify, defend and hold harmless the other from and against all claims, July 14, 2022 Pg. 74
File ID No.: CA1001
11 liabilities and expenses, including reasonable attorneys’ fees, arising from any claims for payment of any brokerage commissions or finder’s fees related to any misrepresentation hereunder.

7.13 Authority. Landlord and Tenant each respectively represents to the other that the party executing this Lease on its behalf is authorized to do so by requisite action of the party to this Lease.

7.14 Governing Law. This Lease will be governed by and construed pursuant to the laws of the state in which the Land is located, without reference to its conflict of laws principles.

7.15 Entire Agreement; Amendment. This Lease contains the entire agreement between Landlord and Tenant. No amendment, alteration, modification of, or addition to the Lease will be valid or binding unless expressed in writing and signed by Landlord and Tenant.

7.16 Ownership of Land; Zoning.
(a) Landlord represents and warrants to Tenant that (1) it owns the Land free and clear of all mortgages, liens and encumbrances and (2) there are no covenants, conditions or restrictions that affect the Tenant’s use of the Land.
(b) Landlord warrants and represents to Tenant that the current zoning of the Land allows Tenant to use the Land for Tenant’s intended purposes. (c) Prior to encumbering the Land with any mortgage lien, Landlord shall obtain a non-disturbance agreement satisfactory to Tenant from the holder of the proposed mortgage or deed of trust.

7.17 Estoppel Certificates. Within 30 days after receipt of written request by either Tenant or Landlord, the other party will execute, acknowledge and deliver to the requesting party a certificate certifying (a) that this Lease is unmodified and in full force and effect or, if there have been modifications, that this Lease is in full force and effect, as modified, and stating the date and nature of each modification; (b) the date, if any, to which Rent and other sums payable under this Lease have been paid; (c) that no written notice of any default has been delivered by the certifying party, which default has not been cured, except as to defaults specified in said certificate; and (d) to the certifying party’s actual knowledge without duty of investigation or inquiry, there is no Event of Default under this Lease, or an event which, with notice or the passage of time, or both, would result in an Event of Default under this Lease, except for defaults specified in said certificate. Any such certificate may be relied upon by any prospective purchaser, lease assignee or sublessee, or existing or prospective mortgagee or beneficiary under any deed of trust of the Land. If the requested party fails to deliver such a certificate within such time, the statements contained in such certificate will conclusively be deemed made and admitted by the requested party. Notwithstanding the foregoing, Tenant may execute and deliver its standard form of estoppel certificate in lieu of any requested document.

7.18 Memorandum of Lease. Upon execution of this Lease, the parties shall execute a Memorandum of Lease, in the form set forth on Exhibit D attached hereto, which Tenant shall then have the right to record in the real property records of the county in which the Land is located.

July 14, 2022 Pg. 75
File ID No.: CA1001
12 7.19 Signs. Tenant shall be entitled to install, at its sole cost and expense and in compliance with all applicable laws, signs on the Land containing Tenant’s name, logo, and other pertinent business information.

7.20 Condemnation. In the event of a condemnation or other taking by any governmental agency of all or any portion of the Land, Tenant shall have the right to terminate this Lease upon notice to Landlord. Any such condemnation award shall be paid to Landlord, except that Tenant will have the right to assert a claim for moving expenses, business interruption, leasehold improvements paid for by Tenant, and the value of Tenant’s unexpired Term of this Lease.

7.21 Antenna, Satellite Dish, or Other Communications Equipment. Without limiting Tenant’s right to install the Improvements, Tenant may (a) construct, install, and operate, at Tenant’s sole cost and expense, one or more antennae and satellite dishes or other communications equipment on the Land and (b) install its own fiber and communication services through (1) existing conduits, or (2) new conduits installed by Tenant. In furtherance of the foregoing, Landlord grants Tenant a license right during the Term of this Lease to run cable, conduit, utility, wiring and other lines to or through other portions of Landlord’s Property or other property owned by Landlord and from a public right of way to the Land. Tenant shall obtain any and all permits, consents, or governmental approvals as may be reasonable or necessary for the installation or operation of such communications equipment, antennae, satellite dishes, cable, conduit, utility, wiring and other lines.

7.22 Casualty. If any casualty damage to the Improvements or Tenant’s equipment on the Land (a) is such that 25% or more of the Improvements or Tenant’s equipment are damaged or rendered substantially unusable by Tenant by reason of law or otherwise, for the use then being made of the Land; (b) is caused by casualty not required to be insured against hereunder; or (c) occurs at a time when there are fewer than 12 months remaining in the Term (including any Renewal Terms for which Tenant has then elected to extend the Term hereunder), Tenant may elect to terminate this Lease. Tenant shall notify Landlord of its election to terminate within 30 days after the occurrence of the casualty, and this Lease shall terminate upon the giving of such notice; in that event, any rent or other monies paid in advance by Tenant under the terms of this Lease for the period from and after the casualty (or, if later, from and after the date Tenant ceases to conduct its business on the Land as a result of such casualty) shall be refunded by Landlord. In the event of such termination, Tenant shall be entitled to the insurance proceeds related to such casualty and Tenant shall be entitled to any insurance proceeds applicable to the Improvements, Tenant’s trade fixtures, equipment and personal property, and any proceeds of Tenant’s business interruption insurance. If Tenant does not terminate this Lease, the rent and other charges payable by Tenant hereunder shall, during the period of such repairs, be reduced in proportion to the space not usable during the time of making such repairs.

7.23 Confidentiality. Except to the extent such disclosure is required by applicable Laws, Landlord shall not disclose, and shall ensure that its partners, joint venturers, members, managers, and employees do not disclose, Rent and other terms of this Lease to any person or entity other than Landlord’s lenders, partners, joint venturers, members, managers, employees, and professional advisors. Before any such disclosure, Landlord shall notify such lenders, partners, July 14, 2022 Pg. 76
File ID No.: CA1001
13 joint venturers, members, managers, employees and professional advisors of the confidential nature of the terms of this Lease and prohibit further disclosure of same by such parties.

7.24 Severability. If any provision of this Lease proves to be illegal, invalid or unenforceable, the remainder of this Lease will not be affected by such finding, and in lieu of each provision of this Lease that is illegal, invalid or unenforceable, a provision will be added as a part of this Lease as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

7.25 Captions. The captions of the various Articles and Sections of this Lease are for convenience only and do not necessarily define, limit, describe or construe the contents of such Articles or Sections.

7.26 Drafting. This Lease has been prepared by Tenant and its professional advisors and reviewed by Landlord and its professional advisors. Landlord, Tenant and their separate advisors believe this Lease is the product of all of their efforts, that it expresses their agreement and that it should not be interpreted in favor of either Landlord or Tenant or against either Landlord or Tenant merely because of their efforts in preparing it.

7.27 Counterparts. This Lease may be signed and delivered by facsimile or electronically and the same facsimile or “pdf” signatures shall constitute original signatures hereof with all force and effect of law. This Lease may be executed in counterparts, each of which will constitute an original and all of which together shall constitute one and the same document.

ARTICLE 8 -- OPTION TO RENEW
Tenant will have the option to renew the Term of this Lease for the Renewal Terms, subject to the further provisions of this section. Tenant must exercise the option with respect to each Renewal Term, if at all, by giving notice of exercise to Landlord on or before the date that is 90 days prior to the then applicable Expiration Date. Each Renewal Term will be on the same terms and conditions as this Lease, with Rent as provided in Section 1.1(k). [SIGNATURE PAGE TO FOLLOW]
July 14, 2022 Pg. 77
File ID No.: CA1001
14 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease effective as of the Effective Date set forth above.

LANDLORD:

City of Avenal
By:

Name:

Title:

TENANT:

Spectrum Pacific West, LLC
By: Charter Communications, Inc.,
its Manager
By:

Name:

Title:

July 14, 2022 Pg. 78
File ID No.: CA1001

EXHIBIT A
SURVEY OF LANDLORD’S PROPERT
July 14, 2022 Pg. 79
File ID No.: CA1001
2 EXHIBIT B

DEPICTION OF THE TWO PARCELS COMPRISING THE LAND
July 14, 2022 Pg. 80
File ID No.: CA1001
3 EXHIBIT C
DESCRIPTION OF LANDLORD’S PROPERTY
Landlord owns certain property located in County of Kings, State of California, being more specifically described as follows, to wit:

Portion Northwest Quarter of Northwest Quarter of Section Eleven, Township Twenty Two South, Range Seventeen East (Por. NW1/4NW1/4 Sect. 11, T. 22S., R. 17 E.), M.D.B&M.

Beginning at a point on the Westerly boundary line of said Section 11, distant Southerly thereon 904.45 feet from the Northwest corner of said Section 11, thence North 39⁰ 04’ 56” East 227.70 feet to the TRUE POINT OF BEGINNING, thence North 43⁰ 02’ 03 “ West 205.05 feet, thence North 38⁰ 00’ 00” East 170.00 feet, thence South 62⁰ 00’ 00” East 270.00 feet, thence South 36⁰ 30’ 00’’ West 260.00 feet, thence North 43⁰ 02’ 03” West 71.03 feet to the TRUE POINT OF BEGINNING, containing 1.33 acres, more or less.

July 14, 2022 Pg. 81
File ID No.: CA1001
4 EXHIBIT D

MEMORANDUM OF LEASE
When Recorded Return To:

City of Avenal (“Landlord”), leases to Spectrum Gulf Coast, LLC (“Tenant”), pursuant to a Land Lease Agreement dated ____________, 2022 (the “Lease”), by and between Landlord and Tenant, two parcels of land (the “Land”) located on Landlord’s property at 919 Skyline Boulevard in Avenal, California, in Kings County and more particularly described on Exhibit A attached hereto (“Landlord’s Property”), which such two portions measuring approximately 51 feet by 19 feet and approximately 13.6 feet by 13.6 feet and are depicted on Exhibit B attached hereto, together with any other portion of land on Landlord’s Property necessary for access to and from the Land and to run cable, conduit, utility, wiring and other communications lines from a public right-of-way to the Land. The term of the Lease is 60 months, commencing on November 1, 2022 and expiring on October 31, 2027. Tenant has the right to extend the term of the Lease for two additional periods of five years each.

The Lease contains other terms and provisions which are not set forth herein, but which are acknowledged by Landlord and Tenant, and reference is herein made to the Lease for a complete statement thereof. This Memorandum of Lease is being executed and recorded in order to give notice of the existence of the Lease and the rights of Landlord and Tenant set forth therein.

This Memorandum of Lease is not a restatement of the Lease, or any portion thereof, and shall not alter, modify, vary or amend any of the terms, provisions or conditions of the Lease. In the event of any conflict or inconsistency between the terms and provisions of this Memorandum of Lease and the terms and provisions of the unrecorded Lease, the terms and provisions of the Lease shall govern and control in all respects.

This Memorandum of Lease may be executed in counterparts, each of which, when taken together, shall constitute one agreement. All of the provisions of this Memorandum shall inure to the benefit of and shall be binding upon the successors and assigns of Landlord and Tenant; provided, however, any such assignment shall be subject to the terms and conditions of the Lease.

Dated this _____ day of , 2022.
[SIGNATURE PAGE TO FOLLOW]
July 14, 2022 Pg. 82
File ID No.: CA1001
5 LANDLORD:

City of Avenal
By:

Name:

Title:

TENANT:

Spectrum Gulf Coast, LLC
By: Charter Communications, Inc.,
its Manager
By:

Name:

Title:

July 14, 2022 Pg. 83
File ID No.: CA1001
6 STATE OF )
) ss.

COUNTY OF __________________ )
The foregoing instrument was acknowledged before me this day of , 2022, by , as of
.

WITNESS my hand and official seal.

Notary Public
My commission expires: ______________
July 14, 2022 Pg. 84
File ID No.: CA1001
7 STATE OF COLORADO )
) ss.

COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this day of , 2022, by as
of Charter Communications, Inc. as Manager of Spectrum Gulf Coast, LLC.

WITNESS my hand and official seal.

Notary Public
July 14, 2022 Pg. 85
File ID No.: CA1001
8 EXHIBIT A TO MEMORANDUM OF LEASE
LEGAL DESCRIPTION OF LANDLORD’S PROPERTY
[NOTE: LEGAL DESCRIPTION TO BE ADDED BY LANDLORD]
July 14, 2022 Pg. 86
File ID No.: CA1001
9 EXHIBIT B TO MEMORANDUM OF LEASE

DEPICTION OF THE LAND
July 14, 2022 Pg. 87
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: July 14, 2022
RE: Consider Ordinance 2022-04: Amending Portions of Conservation in Article 3 of Chapter 4 of Title 6, Pertaining to Violations—Notices—Penalties INFORMATION:

At the June 23, 2022 City Council meeting, when the Council discussed amending the Tier III Waster Conservation rules, discussion was brought on about the administrative fines levied by the City for water waste as issued by Code Enforcement. For a few years, Council has requested that Staff look into updating the citation fee structure and raising the fines from $50, to something higher.

Staff, in conjunction with Legal Counsel, reviewed the request and discussed with Council how Administrative Fines are controlled by the local jurisdiction, but maximum penalties are dictated by state law, specifically: CA Govt Code § 36900. This part of the government code has been amended many times over the year, and currently for infractions carries the following fee structure:
“(b) Every violation determined to be an infraction is punishable by the following:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.”
Per the City’s current Municipal Code, Title 6, Chapter 4.22, after a written warning as step one, the fee structure begins at $25, then $50, with a maximum of $100 for the fourth and subsequent violations. Clearly it is time to update the AMC to better reflect the current government code.

Staff is requesting this Ordinance 2022-04 to update the municipal code to allow greater flexibility and compliance with water conservation enforcement.

RECOMMENDATION:

Waive the first reading of Ordinance 2022-04 and request the item be brought back at the next Regular Council meeting for a second reading and adoption.

FISCAL IMPACT:

None.

July 14, 2022 Pg. 88
2021 California Code
Government Code - GOV
TITLE 4 - GOVERNMENT OF CITIES
DIVISION 3 - OFFICERS
PART 2 - LEGISLATIVE BODY
CHAPTER 2 - Ordinances
ARTICLE 1 - General
Section 36900.

Universal Citation: CA Govt Code § 36900 (2021)
36900.
(a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.
(b) Every violation determined to be an infraction is punishable by the following:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c) Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.

Go to previous versions of this Section
July 14, 2022 Pg. 89
(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d) (1) Notwithstanding any other law, including subdivisions (b) and (c), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation. (B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less. (3) For purposes of this section, “residential dwelling” means a private structure that is designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code. (4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety.

The fines described in this subdivision shall not apply to a first time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a city, or city and county, to establish lower fines for specific violations by ordinance.
(e) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(Amended by Stats. 2021, Ch. 307, Sec. 2. (SB 60) Effective September 24, 2021.) Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

July 14, 2022 Pg. 90

Page 1 of 3 ends

ORDINANCE NO. _2022-04_

AN ORDINANCE OF THE CITY OF AVENAL AMENDING
PORTIONS OF CONSERVATION IN ARTICLE 3 OF CHAPTER
4 OF TITLE 6, PERTAINING TO VIOLATIONS—NOTICES—
PENALTIES.

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

Section 1. PURPOSE. The provisions of this ordinance are necessary for the efficient operation of the City of Avenal (“City”) in order to establish efficient regulations, policies and procedures for the timely enforcement of infractions and violations. This ordinance is also intended to clearly define the scope of authority for Violations-NoticesPenalties.

Section 2. AMENDMENT. Section 6.4.22 of Article 3 of Chapter 4 of Title 6 is hereby revised to read in its entirety as follows:
6-4.22 Violations—Notices—Penalties.

The violation of any of the provisions of Sections 6-4.10, 6-4.11, 6-4.12, 6-4.13, 6-4.14, 6-

4.15, 6- 4.16, 6-4.17, 6-4.18, and 6-4.20, or any other provision which is enacted by the resolution of City Council shall result in the following actions by the City except for a violation of 6-4.17 for which there shall result in the following actions by the City except for a violation of 6-4.17 for which there shall be no warning for the first violation, second violation shall be treated in accordance with Section 6-4.22(c); a third; a third and subsections violation shall be treated in accordance with Section 6-4.22(d).
(a) First violation. A written notice of the violation shall be issued by the Public Works Department personnel to the respective water customer of the City. A written notice may be waived if the City is in a declared drought emergency. (b) Second violation. A written notice of the violation shall be issued by the Public Works Department personnel to the respective water customer of the City and a charge of onehundred dollars ($100.00) shall be added to the next water bill of such customer as a onetime charge for such violation. Said customer shall pay the full amount of such charge within thirty (30) days of the date of said water bill. (c) Third violation. A written notice of the violation shall be issued by the Public Works Department personnel to the respective water customer of the City and a charge of twohundred dollars ($200.00) shall be added to the water bill of such customer as a one-time charge for such violation. Said customer shall pay the full amount of such charge within thirty (30) days of the date of said water bill.
(d) Fourth and subsequent violations. A written notice of the violation shall be issued by the Public Works Department personnel to the respective water customer of the City and a charge of five-hundred dollars ($500.00) shall be added to the water bill of such customer July 14, 2022 Pg. 91

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as a one-time charge for such violation. Said customer shall pay the full amount of such charge within thirty (30) days of the date of said water bill. (e) Leaks in customer's system. When a leak is discovered by a customer in a customer's water system and a customer is charged for water that the customer has not used, as a result of said leakage, it shall be the policy of the City to aid the customer in locating the leak. If the leak is repaired by the customer within a period of ten (10) days of the date the leak is discovered and the customer can establish that a portion of the charges identified in its water bill are in excess of the amount normally charged to the customer, that excess amount of water use caused by the leakage shall be charged to the customer at the standard water rate. If the leak is not repaired by the customer within the ten-day period, the portion of excess water usage which results from the leakage will be billed at two (2) times the standard water rate until the leak is repaired by the customer. (f) Determination of number of offenses. In order to be defined as a violation other than a first violation, the violation must occur within one year of the date of the first violation. (Ord. 2000-09, 2000; Ord. 91-02 § 2, 1991)
Section 4. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment] and 15061(b)(3) [there is no possibility the activity in question may have a significant effect on the environment].

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

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

Section 7. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Avenal July 14, 2022 Pg. 92

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hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

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

Section 9. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the passage hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the _Hanford Sentinel__, a newspaper printed and published in the City of Avenal, State of California, together with the names of the Council members voting for and against the same.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

ALVARO PRECIADO, Mayor

CITY OF AVENAL
ATTEST:

MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
July 14, 2022 Pg. 93

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BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

Adoption of Ordinance Amending Portions
of Conservation in Article 3 of Chapter 4 of
Title 6, Pertaining to Violations—
Notices—Penalties.

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 amending certain portions of the Avenal Municipal Code as it relates to administrative fees, Violations-Notices-Penalties; and
WHEREAS, the City finds that it is necessary to allow the City the flexibility establishing efficient regulations, policies and procedures for the timely enforcement of infractions and violations that assist in code enforcement and compliance; and WHEREAS, the City finds that it is necessary to comply with state laws and regulations and wishes to conform to changes and updates made to CA Government Code § 36900; and
WHEREAS, the City now desires to proceed with the process of enacting Ordinance No. 2022-04, by introducing the same 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 July ___, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

HARLIN CASIDA, Mayor,

CITY OF AVENAL
MARIA ORTIZ, City Clerk

CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
July 14, 2022 Pg. 94

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

1. Found that the foregoing recitals are true;

2. Introduced and waived the first reading of Ordinance No. 2022-04;

3. Ordered that proposed Ordinance 2022-01 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.
* * * * * * * * * * * * * * * * * *
July 14, 2022 Pg. 95

City Council/Successor Agency/Public Finance AuthorityJuly 14, 2022

City Council/Successor Agency/Public Finance Authority
July 14, 2022