Agenda — City Council/Successor Agency/Public Finance Authority, August 11, 2022

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
AUGUST 11, 2022; 5:15 P.M.

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

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

Study Session: None
LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2022-49
(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. 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

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.

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 July 14, 2022 and August 3, 2022.

B. Waive Second Reading & Adoption: Ordinance 2022-06, Second Reading & Enactment: Amending Portions of Conservation in Article 3 of Chapter 4 of Title 6, Pertaining to Violations—Notices—Penalties:

Resolution 2022-49.

C. Consider ratifying Employee Agreement, with Robert A. Nevárez for position of Chief of Police:

Resolution 2020-50.

D. Ratify Additional Premium Pay and Stipends to City Employees: Resolutions 2022-51, 2022-52 E. Consider Deposit of Found Money

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

A. None.

August 11, 2022 Pg. 1

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Community Activities Department: Anna Lara-Nieto, Activities Department.

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

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

4. Police Department Activity Report: Robert Nevárez, Chief of Police.

5. Public Works/Code Enforcement/Animal Control/ Activity Report; Robert Williams, PW Director.

A. Special Presentations/Reports:
1) None.

8. PUBLIC HEARING(s): Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority:

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

Note: Funding Requests included in FY 2022/2023.

B. Consider Proposed Avenal Successor Agency/RDA Debt Obligation Fund (FY) 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.

9. OLD BUSINESS:

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

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

10. NEW BUSINESS:

A. Consider Adoption of New and Updated Conflict of Interest Code. (Informational): City Clerk & City Attorney

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 August 8, 2022.
/s/ Maria Ortiz
Maria Ortiz, City Clerk
August 11, 2022 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial del Pistacho®"
REUNIÓN REGULAR DEL CONCEJO MUNICIPAL / AGENCIA
SUCESORA / PFA 11 DE AGOSTO 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: 2022-0 6 CIUDAD ÚLTIMA RESOLUCIÓN: 2022-4 9 (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. 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

4. COMENTARIOS PÚBLICOS / ANUNCIOS Y APARICIONES NO PROGRAMADAS:

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

5. CALENDARIO DE CONSENTIMIENTO :

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

A. Considere la aprobación de las actas de la Ciudad de Avenal / Agencia Sucesora para el 14 de julio de 2022 y el 3 de agosto de 2022.

B. Renuncia a la segunda lectura y adopción: Ordenanza 2022-06, Segunda lectura y promulgación:

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

C. Considere ratificar el Acuerdo de Empleado, con Robert A. Nevárez para el cargo de Jefe de Policía:

Resolución 2020-50.

D. Ratificar el pago adicional de primas y estipendios a los empleados de la ciudad: Resolucións 2022-51, 2022-52
E. Considere el depósito de dinero encontrado

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

A. Ninguno.

August 11, 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, Departamento de Actividades.

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

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

4. Informe de Actividad del Departamento de Policía: Robert Nevárez, Jefe de Policía.

5. Obras Públicas/Aplicación del Código/Control animal/Informe de Actividad; Robert Williams, Director de PW.

8. AUDIENCIA(S) PÚBLICA(S): Audiencia conjunta de la Agencia Sucesora de la Ciudad de Avenal RDA Trust Obligations Fund/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).

Nota: Solicitudes de financiación incluidas en el ejercicio202 2/2023.

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 el presupuesto de avenal Housing Authority (FY) 2022/2023:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución.

D. 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:

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

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

10. NUEVOS NEGOCIOS:

A. Considere unadopción de código de conflicto de intereses nuevo y actualizado. (Informativo): Secretario de la Ciudad y Abogado de la Ciudad

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 el 8 de agosto de 2022. /s/ María Ortiz
August 11, 2022
María Ortiz, Secretaria municipal
Pg. 4

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. 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.

Mayor Preciado re-opened City Council meeting at 6:37 p.m. with nothing to report out of Closed Session.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS:

Maria Ortiz, City Clerk introduce three New Summer Interns – Lian Martinez, Eliseo Ayala, and Noah Naranjo.

Lian Martinez stated the following: 1) Avenal graduate; 2) attending University of San Luis Obispo majoring in plant science on her second year; and 3) working as an intern with City of Avenal. Also, revamping the social media streamlining the adopting process online to make it easier to adopt online, creating bylaws for the community garden, beautification plan to add more flowers and clean up the city of landscaping and plan a block party for when the pocket park is opened on King Street.

Eliseo Ayala stated the following: 1) Avenal graduate; 2) summer break and attending UC Merced majoring in business; 3) hired as City of Avenal intern which is a big opportunity and helping develop the social media plan, building on Instagram account, and created the Avenal animal rescue and shelter which is the Facebook to make the adoption process online by creating a bulldog square which we also put on the city website and along with you know that I must be keeping our website today by betting on Facebook so that way we can keep people today on like all the events and community things are going also just in water conservation which is being you know processed by device and when he says we plan on promoting our local businesses that way we can help you know with our economy that we have within thank you Noah Naranjo stated the following: 1) 2020 Avenal High School graduate; 2) attending the University of Chicago where majoring in AGENDA ITEM NO. 5. – A.

August 11, 2022 Pg. 5
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media arts design specializing in network art which means he focus on the rapid development; 3) he has been able to use my experience to expand and proven the efficacy of our social media usage the first gap between the city and committee members focusing especially on business owners or upcoming generation; and 4) As an intern getting a better understanding how municipal government works actually getting appreciation for all the work that goes on behind the scenes. Also, aside from the social media work, assisting with several clerical work, designing badges for city staff, digitizing archived records, increasing our security such as new cameras and new keyless entry system citywide. Also, looking at getting new office equipment to improve our efficiency currently one of those big ones is a letter folder inserter which will increase output by 200% saving about $22,000 a year which means we'll have a little more funding to use elsewhere, upgrading updating the city website and in the weeks to come we hope to take professional headshots of all city staff. So, the community knows city staff working behind the scenes and helping run the city. He hopes that through this summer he helps city to grow and give more opportunity for city staff to focusing on more important matter and thank you for your time and he will see you all around.

The City Council welcomes Interns. Mayor Preciado stated that this was possible because of a scholarship that City Manager Lopez applied for through the City Managers Association Foundation for $5,000 for one person and city match it for second one. Mayor Preciado believes the University of Chicago paid for the third intern and grateful that for the price of one we got three interns.

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.

Council member/Successor Agency Member Gravelle approved Consent Calendar as presented, second by Councilman Verdugo, and motion carried.

RATIFYING 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 2021-2022. FOR FY 2021- 2022. Councilman Gravelle motioned to approve, second by Councilman Verdugo, and motion carried.

RATIFYING 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 Gravelle motioned to approve, second by Councilman Verdugo, and motion carried.

RESOLUTION 2022-46: 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.

Councilman Gravelle motioned to approve, second by Councilman Verdugo, and motion carried.

Roll Call Vote:

AYES: Gravelle, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: Hernandez.

ABSTAIN: None.

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

A. None.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEEREPORTS:

A. Activity Reports:

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

Anna Lara-Nieto, Senior Recreation Leader reported the following: 1) June 15th & July 8th Flea Market & markets will be every 2nd Friday of each month starting June-October; 2) Independence Celebration well attended; 3) Summer Kidz Spot June 13th - eight (8) paid for attend program and 12-pay weekly. Field trip July 13th Island Water Park; and 4) Rental Information – Theater Mexican Consulate used July 5-7 and help some residents and rental are down for pavilion.

August 11, 2022 Pg. 6
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2. Community & Economic Development Activity Report: Kao Nou Yang, Director.

Kao Nou Yang, Community & Economic Development Director reported the following: 1) Planning Division: Processing Zoning Land Use Applications, Land Division Applications and Current Planning Site Plan Reviews Zoning Permits –Site Plan Review No. 22-04; 2) 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; 3) Long Range Planning:

Zoning, Subdivision and Building Ordinance – continually working with consultants and will be scheduling Planning Commission Workshops to discuss process of the zoning and subdivision comprehensive updates; 4) 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; 5) 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; 6) Economic Development: Economic Team is collaborating 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; 7) 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; 8) 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; and 9) 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.

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

David Tapia, Police Captain (I) reported the following: 1) Investigations ; 2) Community Oriented Policing; 3) 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.; and 4) Monthly Statistical Report.

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

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

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.

Terri King, Executive Director of the Kings County Association of Government reported on latest update that is happening in Regional Transportation Plan and Sustainable Community Strategy. They prepare these documents every four years with the Regional Transportation Plan which is, and she always like to call it the general planning transportation identify your policies for transportation and what sustainable and consultant will take over.

Yu Hong Hwang, Consultant reported the following: 1) Who is KCAG and what do they do MetropolitanPlanningOrganization forthe Kings County Region, Association oflocal governments with allfour Cities and the County of Kings are members, one of 18 in California and 381 nationwide and Administer the flow of federal and state transportation funding to our member agencies; 2) What is Kings Regional Vision – update to our Regional Transportation Plan including a Sustainable Communities Strategy, Guides transportation investments, priorities, and plans, guides transportation investments, priorities, and plans, link with land use housing&employment and Covers 25 years thru 2046; 3) What must the plan do: 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) Scenario Development: Current Trend Land Use - Consistent with local agency General Plans, Residential Infill – Current Trend Land Use Plus ADU and Lot Split Activity in residential areas – consistent with local agency zoning code updates and SB9, Scenario A Land Use with: Enhanced Electromobility; Broadband Expansion; Active Transportation and Scenario B Land Use with:

Enhanced Electromobility; Broadband Expansion; Active Transportation; 5) Financially Constrained Tier I Project Lists; 6) Scenario Testing; and 7) Preview Plans for Reginal Transportation Investment – In Person Workshop Tuesday, July 19: 6:30-8:00PM at Avenal August 11, 2022 Pg. 7
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Theater, Wednesday, July 20, 2022, 6:30-8:00PM Training Room, Administrative Offices Hanford City Hall 319 N. Douty St. and Virtual Workshop Thursday, July 21, 6:30-8:00PM scan QR code.

PUBLIC HEARING(s):

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

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.

Antony Lopez, City Manager reported that unfortunately our finance departments have been struggling and have someone sick. So, unfortunately the plan was to have a presentation on the departmental budgets and schedule a special meeting and adopt a final budget, but we were unable to finalize that to present. He asking to continue hearing to Special City Council meeting tentatively July 28th or 27th .

City Attorney Diaz mentioned that if item was noticed there can be a continuation of the Public Hearing by motion.

City Manager Lopez will e-mail those budgets beforehand and currently there is an operating budget it is on the city's website it is half of what was approved last year's budget. So, that gives us some leeway in time as you all are aware revenues were a little higher than expected for last fiscal year. Still determining what revenues might be for this upcoming fiscal year and trying to accommodate for new positions that are needed. Update on auditors Sotomayor was here last week and received all documentation that they asked for again focusing on the fiscal year 20/21 and asked about fiscal year 19/20. Sotomayor is working on state reports needed to be audited and submitted on Monday and other state reports should be submitted by tomorrow. If Sotomayor did not submit any reports to the State Department of Finance the City of Avenal was going to be audited by the state and charged for their time and travel. Sotomayor and Staff are in contact/conversations understanding their behind and Ms. Price is keeping in touch to completed audits.

Staff requesting to continue Public Hearing to the next City Council meeting for August 3, 2020, at 5:00 p.m. at City Hall . The City Council was in consensus.

Councilman Gravelle motioned to approve continuing Public Hearing to Special meeting for August 3, 2022, for 5:00 p.m. at City Hall, second by Councilman Verdugo, and motion carried.

Roll Call Vote:

AYES: Verdugo, Gravelle, Ramirez, Preciado.

NOES: None.

ABSENT: Hernandez.

ABSTAIN: None.

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

City Manager 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 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 August 11, 2022 Pg. 8
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make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules
• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

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

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

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

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

Roll Call Vote:

AYES: Verdugo, Gravelle, Ramirez, Preciado.

NOES: None.

ABSENT: Hernandez.

ABSTAIN: None.

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

City Manager 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:

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

Roll Call Vote:

AYES: Verdugo, Gravelle, Ramirez, Preciado.

NOES: None.

ABSENT: Hernandez.

ABSTAIN: None.

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.

Community Development Director Yang reported that 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 asthe 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.

She continues that 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.

August 11, 2022 Pg. 9
Joint Meeting City Council/Successor Agency/PFA – July 14, 2022

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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 wassent 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 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 continuesto construction work of Phase 2. We will continue to progressively procure any additional funding we need for the build out of this Community Center.

Staff recommends the following:

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.

After brief, discussion the following action was taken.

RESOLUTION 2022-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL APPROVING AN AMENDMENT TO THE 16-CDBG- 11133 GRANT AGREEMENT FOR THE ADDITION OF ADDITIONAL CDBG PROGRAM INCOME INTO THE COMMUNITY SPORTS AND RECREATION CENTER. Councilman Gravelle motioned to approve as recommended, seconded by Councilman Verdugo, and motion carried.

Roll Call Vote:

AYES: Gravelle, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: Hernandez.

ABSTAIN: None.

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.

City Manager Lopez reported that 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 August 11, 2022 Pg. 10
Joint Meeting City Council/Successor Agency/PFA – July 14, 2022

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original contracted amount in 1998 started at $1,200 per year; $2,500 in 2012; and most recently $3,000 in 2017.

He continues that 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.

After a brief, discussion the following action was taken.

RESOLUTION 2022-48: 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 Councilman Gravelle motioned to approve as recommended, seconded by Councilman Verdugo, and motion carried.

Roll Call Vote:

AYES: Gravelle, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: Hernandez.

ABSTAIN: None.

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.

City 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 authority, 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.”
As 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 2022-06 to update the municipal code to allow greater flexibility and compliance with water conservation enforcement. Waive the first reading of Ordinance 2022-06 and request the item be brought back at the next regular Council meeting for a second reading and adoption.

Maria Ortiz, City Clerk clarified Ordinance number will be Ordinance No. 2022-06 and let it reflect on minutes.

After a brief, discussion the following action was taken.

ORDINANCE NO. 2022-06: 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. Councilman Verdugo motioned to approve as recommended, seconded by Councilman Gravelle, and motion carried.

RESOLUTION 2022-49: ADOPTION OF ORDINACE AMENDING PORTIONS OF CONSERVAION IN ARTICLE 3 OF August 11, 2022 Pg. 11
Joint Meeting City Council/Successor Agency/PFA – July 14, 2022

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CHAPTER 4 TITLE 6, PERTAINING TO VIOLATIONS – NOTICES – PENALTIES. Verdugo motioned to approve as recommended, seconded by Councilman Gravelle, and motion carried.

AYES: Verdugo, Gravelle, Ramirez, Preciado.

NOES: None.

ABSENT: Hernandez.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Maria Ortiz, City Clerk announced that there are two seats open for the November 8th Election and application are available at City Hall. Also, filing starts July 18th and ends August 12th and if interested come to City Hall.

Antony Lopez, City Manager commented the following : 1) Avenal High School pool is re-open; 2) Valley Voices at Rice Park - vaccinations/testing and all residents stay safe. If anyone needs hand sanitizer, masks and testing supplies come by City Hall; and 3) Cooling Centers - Avenal Police Station lobby.

Councilman Gravelle commented the following: 1) Thanked, all City employees for all they do.

Councilman Verdugo commented the following: 1) looking over the Animal Shelter reports has staff considered having boarding for animals; and 2) still seeing many abandoned vehicles in town.

City Manager Lopez mentioned that the Animal Shelter facility is at full capacity and discussed expanding facility, lability and will look into it. Also, Avenal Police has been tagging vehicles.

City Manager Lopez announced that the New Interim Chief of Police will start Monday, July 25th and informing the community.

Mayor Preciado commented the following: 1) reminding that COVID is still present and keep safe.

City Council went into Closed Session at 8:54 p.m.

ADJOURNMENT:

Mayor Preciado re-opened meeting at 9:54 with nothing to report. There being no further business the City Council meeting was adjourned at 9:54 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
August 11, 2022 Pg. 12

CITY OF AVENAL
“Pistachio Capital of the World®”

SPECIAL CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING
WEDNESDAY, AUGUST 3, 2022; 5:00 P.M.

VIA ZOOM VIDEO/WEB CONFERENCING:

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

MINUTES
CALL TO ORDER: at 5:02 p.m.

PELAGE OF ALLEGIANCE: Lead by Mayor Preciado
ROLL CALL: Councilman Hernandez, Mayor Preciado, attended meeting via zoom – Councilman Verdugo, Councilman Gravelle, Mayor Pro Tem Ramirez.

ABSENT: None.

STAFF: Lopez, Ortiz, Bermudez, Williams, Price, Yang, Nevarez.

LEGAL COUNCEL: none.

CITY CLERK:

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPERANCES ITEMS FOR CLOSED SESSION:

Antony Lopez, City Manager re-introduce Police Chief Robert Nevarez. Chief Navarez started last Monday hit the ground running and has already been working interviewing and working on hiring working with all our officers already has preparing his plan in place, but he was able to make it to the meeting and Chief Nevarez will be attending virtually next week to present his first monthly report Chief Nevarez wanted to thank everybody for welcoming him so warmly. It's been a great experience so far, his met a lot of people with his first round of business cards, K-9 stickers and enjoying it a lot and it feels very natural to him. Chief Nevarez’s looking forward to not only helping the Police Department and improve trust between the community and the Police Department. His excited about it has a great team and looking forward to building it making it even bigger and better. Thank you
City Manager Lopez discussed the budget for a one hour in a half with the City Council. Staff is requesting to continue Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority to the next City Council meeting August 11, 2022. Also, tentatively to September 1, 2022, and/or September 27, 2022. Also, that Chief Nevares is on board he will be working on the Police Departments budget.

PUBLIC HEARING(s):

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

A. Consider Proposed City of Avenal Fiscal Year (FY) 2022/2023 City Budget /Fees & Charges:

AGENDA ITEM NO. 5. – A.

August 11, 2022 Pg. 13
Special Joint Meeting City Council/Successor Agency - August 3, 2022

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• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution (including Fees & Charges).

Note: Funding Requests included in FY 2022/2023.

B. Consider Avenal Housing Authority (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.

Antony Lopez, City Manager went over the city purposed Fiscal Year (FY) Budget 2022/23 and requesting continuing the Public Hearing for Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority to the next regular City Council meeting August 11, 2022, and tentative meeting Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance September 27, 2022.

Mayor Preciado opened public comments for Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance at 6:34 p.m. with no public comments it was closed at 6:34 p.m. to approve continuing Public Hearing to Special meeting for August 3, 2022, for 5:00 p.m. at City Hall, second by Councilman Verdugo, and motion carried.

Roll Call Vote:

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

NOES: None.

ABSENT: None.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Councilman Gravelle reported that remind everyone of Saturday, Community Beautify Day at Veterans Hall: 9AM – 1PM at the Veterans Hall.

Antony Lopez, City Manager reported the following: 1) Thursday – Spayed & Neuter vouchers at Rice Park at 4-7 p.m.; 2) Thanked City Council and Staff for their participation in the budget.

Mayor Preciado reported the following: 1) Thanked all that participated with budget.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 6:34 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
August 11, 2022 Pg. 14
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: August 11, 2022
RE: Waive Second Reading & Adoption: Ordinance 2022-06, Second Reading &

Enactment: Amending Portions of Conservation in Article 3 of Chapter 4 of Title 6, Pertaining to Violations—Notices—Penalties
INFORMATION:

At the July 14, 2022, City Council introduced and waived the first reading of Ordinance 2022- 06: Amending Portions of Conservation in Article 3 of Chapter 4 of Title 6, Pertaining to Violations—Notices—Penalties.

Staff is bringing this item once again for a second reading and adoption. After waiving the second reading, the ordinance will go into effect in 30 days, or September 10, 2022.

RECOMMENDATION:

By motion, waive the second reading of Ordinance 2022-06. Ordinance will go into effect in 30 days.

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

FISCAL IMPACT:

None.

August 11, 2022 Pg. 15
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August 11, 2022 Pg. 17
ORDINANCE NO. 2022-06

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

THE CITY COUNCIL OF THE CITY OF A VENAL DOES ORDAIN AS
FOLLOWS:

Section 1. PURPOSE. The provisions of this ordinance are necessary for the efficient operation of the City of A venal ("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 Depa1iment 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 Page 1 of3 Pg. 9'1
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August 11, 2022 Pg. 23
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. - C
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: August 11, 2022
RE: Consider Ratifying Employee Agreement, with Robert A. Nevárez for position of Chief of Police
INFORMATION:

At the June 23, 2022, the City Council direct the City Manager to begin negotiations to contract an Interim Chief of Police. Staff reviewed all potential candidates and the City Manager selected Robert A. Nevárez to serve as the next Chief of Police for the Avenal Police Department.

Negotiations and the employment contract were executed on July 25, 2022, after which Robert A. Nevárez was sworn in the Emergency Operations Center at the Ken Brown Public Safety Center (APD).

Chief Nevárez has hit the ground running and is an exemplary addition to the City Familia and Police Department. His leadership and over 36 years of law enforcement experience will undoubtedly propel APD to the next level.

The employment contract with Chief Nevárez spans from July 25, 2022 – July 30, 2024, or effectively two years, with the main priorities being stability and creation of a succession plan for the APD.

Because of the Summer Council schedule and urgency to fill the position, the agreement was signed prior to the next available regular council meeting. Staff requests that Resolution 2022-50 be approved ratifying the City Manager executing an employment contract with Robert A.

Nevárez.

RECOMMENDATION:

Approve by motion Resolution 2022-50 as presented, and ratify the employment agreement with Robert A. Nevárez as Chief of Police, executed by the City Manager.

August 11, 2022 Pg. 24

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 ENTERING
INTO AN AGREEMENT WITH ROBERT A.

NEVÁREZ FOR THE POSITION OF "CHIEF
OF POLICE” FOR THE CITY OF AVENAL
POLICE DEPARTMENT.

RESOLUTION 2022-_____
WHEREAS, the City of Avenal established a new Police Department which mobilized on November 15, 2010; and
WHEREAS, Russell Stivers served as Chief of Police from April 11, 2015, retiring on March 18, 2022; and
WHEREAS, On June 23, 2022, the City Council direct the City Manager to begin negotiations to contract an Interim Chief of Police; and WHEREAS, it is in the best interest of the City and its Citizens to hire a Police Chief that has extensive knowledge and well-skilled in law enforcement and all that it entails; and
WHEREAS, Robert A. Nevárez with over 36 years of experience has extensive knowledge and is well-skilled in law enforcement and all that it entails; and WHEREAS, the City desires to have a Chief who can maintain a positive working relationship with the community and staff, which Robert A. Nevárez has done as a consultant for the Avenal Police Department, and in his previous roles as Chief and Deputy Chief at other agencies.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON August ___, 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
August 11, 2022 Pg. 25

Page 2 of 2 ends

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

1. Found that the foregoing recitals are true;

2. Does hereby approve and authorize the City Manager to enter into an Agreement with Robert A. Nevárez for the position of Avenal Police Chief commencing July 25, 2022 for a period as agreed upon and so designated by the attached Employment Agreement.

3. Ratify and approve the actions of the City Manager to negotiate and execute the attached Employment Agreement prior to August 11, 2022.

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.
* * * * * * * * * * * * * * * * * *
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August 11, 2022 Pg. 37
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. D
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: November 17, 2021
RE: Ratify Additional Premium Pay and Stipends to City Employees INFORMATION:

Over the course of May, June, and July 2022, Council and the City Manager have monitored the economic situation of the nation and the effect of high inflation has on the City’s employees.

Although negotiations for Premium Pay through the use of ARPA funds was negotiated in December of 2021, Council and the City Manager saw a need to provide additional pay and stipends to City employees to better weather the drastic pressures of inflation and staffing shortages.

The City Manager and Director of Administrative Services created separate programs to assist employee pay, one for peace officers, and the other for all other City Hall Staff. The programs are: Temporary Safety Bonus; Temporary Safety Fuel Stipend; and Economic Relief Stipend.

Attached is the resolution which authorizes the City Manager provide additional ARPA Premium Pay funds to city employees, and stipends to eligible employees based on their department and designation. Most funding is provided from savings to the ARPA Premium Pay created by turnover, while other funding are re-allocations of personnel funding surplus.

Additionally, the City Manager as a contracted employee, has also requested that the same Economic Relief Stipend be made available to them.

RECOMMENDATION:

Approve by motion Resolution 2021-51 and 2021-52 as presented.

August 11, 2022 Pg. 38
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL

SUPPORTING AND RATIFING

ADDITIONAL PREMIUM PAY AND

STIPENDS TO CITY EMPLOYEES
RESOLUTION 2022-_____
WHEREAS, Resolutions 2021-46, 2021-49, & 2022-01, extended offers to Designated Bargaining Units 1, 2, 3, 4, & 5, and the APOA in regards to Premium Pay under American Rescue Plan Act (ARPA) Funds; and
WHEREAS, economic inflation over the course of 2022 has motivated the City to provide temporary relief to its employees through programs such as the Temporary Safety Bonus; Temporary Safety Fuel Stipend; and Economic Relief Stipend; and WHEREAS, the funding for the temporary additional compensation is being provided through ARPA Premium Pay and Personnel funding that is already allocated; and
WHEREAS, the City Council wishes to authorize the City Manager to provided additional compensation and stipends to relevant city employees as necessary and feasible within the authorized budgets with the purposes to retain employees.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON AUGUST 11, 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; August 11, 2022 Pg. 39
2 of 2

2. The City Council of the City of Avenal hereby authorizes the City Manager to provided additional compensation and stipends to relevant city employees as necessary and feasible within the authorized budgets with the purposes to retain employees.

3. Order relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
20200916 - Avenal - Resolution Appointing City Attorney-v1.doc August 11, 2022 Pg. 40
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL

SUPPORTING AND APPROVING

REQUEST FOR ECONOMIC RELIEF
STIPEND TO THE CITY MANAGER.

RESOLUTION 2022-_____
WHEREAS, Resolutions 2021-46, 2021-49, & 2022-01, extended offers to Designated Bargaining Units 1, 2, 3, 4, & 5, and the APOA in regards to Premium Pay under American Rescue Plan Act (ARPA) Funds; and
WHEREAS, economic inflation over the course of 2022 has motivated the City to provide temporary relief to its employees through programs such as the Economic Relief Stipend, which provides certain employees a one-time stipend of $2,200; and WHEREAS, the position of City Manager wishes to see the same Economic Relief Stipend offer be extended to their respective position; and WHEREAS, the City Council and the City Manager have agreed to the following:

To provide the City Manager with the one-time stipend of $2,200 as part of the Economic Relief Stipend offered to other employees.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON AUGUST 11, 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; August 11, 2022 Pg. 41
2 of 2

2. The City Council of the City of Avenal hereby authorizes the Mayor to sign and execute documents and agreements related to this action on behalf of the City of Avenal.

3. Ordered relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
20200916 - Avenal - Resolution Appointing City Attorney-v1.doc August 11, 2022 Pg. 42

AVENAL POLICE DEPARTMENT
Robert Nevarez, Chief of Police
317 Alpine St., Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
TO: The Honorable Mayor and City Council
FROM: Robert Nevarez, Chief of Police
BY: David Tapia, Interim Police Captain
DATE: August 8, 2022
RE: Consider Deposit of Found Money
INFORMATION:

Last week, while cleaning my new office in the EOC wing, I located an envelope that contained $300 in cash and a check dated 10/18/2019 written in the amount of $80.00 for K-9 shirts. The envelope also contained a receipt dated 10/08/19 labeled APD Explorers donation (a copy of the receipt and a copy of check are attached to this memorandum).

We request permission to deposit the cash to the Avenal Police Explorer fund, and the check to the K9 fundraiser account.

Respectfully,
David Tapia, Interim Police Captain
RECOMMENDATION:

By motion authorize Staff to deposit found money into relevant fund accounts.

August 11, 2022 Pg. 43
August 11, 2022 Pg. 44
August 11, 2022 Pg. 45

COMMUNITY

ACTIVITIES DEPT
Upcoming Events
• Flea Market – August 12th – Rice Park- 7pm-10pm. In collaboration with Valley Voices. Free backpacks, Entertainment, and Flame eater • Flea Market – September 9th
• Flea Market – October 14th
On Going Programs:
• Zumba – M/W/TH – from 7:00 – 8:00 pm
• Fit to Succeed – M/TH – from 8:30 – 9:30 pm
• 25% of total collected per class comes back to the department • Veterans Hall opened daily from 10am-2pm for community On Going Projects:
• Community Garden
August Rentals:
• Rec Center – 2 rentals this month
• Theater – 2 Rentals this month
Daily Functions:
• Summer Kidz Spot program ended August 5th
• Organizing C-trains, supplies, clean etc in all buildings August 11, 2022 Pg. 46
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. ___–
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: August 11, 2022
SUBJECT: AUGUST 2022 MONTHLY REPORT
Planning Division:
- Processing Zoning Land Use Applications, Land Division Applications and Current Planning Site Plan Reviews Zoning Permits – Site plan Review No. 22-04, staff is working on rendering the decision letter. Site Plan Review No. 22-05 – Application received, working on project consultation notice.
- Long Range Planning:

Zoning, Subdivision and Building Ordinance – Staff is continually working with consultants and just finished its first workshop at the 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 August 2022, we had over 200 electronic submissions of Building permits.

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. 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.

Misc.:

Utilities, Mortgage and Rental Assistance Program workshop with Self Help – CV 2 & 3 are officially obligated. Therefore, program will go out for close out August 11, 2022 Pg. 47
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO.

TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: August 5th, 2022
RE: Information Technology Monthly Report July 2021
CURRENT PROJECTS:

Phone System: Staff has decided to release the original phone numbers that Verizon was unable to obtain. Staff will work with Public Works to move over any info that is tied to the original landline number.

Emails: Staff looks into BitTitan Migration for a third-party automated migration service. Microsoft now allows for more cross-tenant migration options which are still in testing phase. On hold until server project is complete.

Server:
-Staff runs data reconstructing tests. Results find that in event of most catastrophic failures, data is at worst, encrypted and secured to avoid leaks, and at best, is operational in a degraded state. -Public Works added a door to the networking closet to isolate noise from the machine to the rest of the office.
-Every mission-critical service is isolated from each other. In the event of a failure of one service, the rest are unaffected. Non-critical services are grouped together. -Staff reaches out to SUSE, Red Hat, and Canonical for support agreements for our server.

Unfortunately, Canonical was the only company to reach back out to us. -New laptops are set to ship on August 10th. Staff will run a week-long test for both service integrity and helping office staff acclimate to a new operating system before renegotiating or outright terminating our current contract with Kings County IT.

Clerk Software: As the new Community Development Assistant becomes acclimated to the City’s workflow, IT and City Clerk are working on scheduling time to train.

Other:

Staff:
-Assisting in setting up the new Community Development Assistant with logins and emails. -Assists the new Chief of Police in getting all necessary software and credentials ready on his devices -Prepares a temporary cloud-based VPN (Virtual Private Network) for the interns to work remotely. -Completed CJIS (Criminal Justice Information Services) Level 4 training to allow for work with confidential police documents.
-Continues policy drafting for tech usage.
-Continues to maintain the city website and provide tech support across all facilities. -Continues to work with KCAG to allow regular remote viewing and participation of their monthly Technical Advisory Committee and Transportation Policy Committee and KCAG Commission meetings.

August 11, 2022 Pg. 48

AVENAL POLICE DEPARTMENT
Robert Nevarez, Chief of Police
317 Alpine St., Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
Chief’s Monthly Report
August, 2022
• Sworn in as 3rd Avenal Police Chief
• Attended Rotary meeting
• Attended patrol briefings on several occasions
• Met with two prospective captains candidates
• Updated police website and Message from the Chief
• Worked with staff to address speeding issues on Skyline Road. • Attended Cruise night on King Street
• Participated in interviews for Records clerks candidates • Participated in interviews for Police Officer and Sergeant • Attended Budget Workshop with City Manager and Council • Attended Virtual School Safety meeting hosted by Sheriff Robinson • Met with the Superintendent Pat Sanchez
• Hosted “Fajita Tacos with the Chief“ for the troops
• Created and distributed the new “End of Watch” report to be utilized at the end of every shift • Created and distributed the Police Department Organizational Chart (See Attached) • Hosted Swearing-in ceremony for 2 new officers
• Led planning for “Back to School” traffic response
• On August 3, just after midnight, the department received a call of a burglary at Rice’s liquor. Officers arrived and observed three males fleeing the area. They were able to capture one suspect in the alley 800 block Skyline. We received a second call of another burglary, this one at a thrift store, with two suspects. Their descriptions were the same as suspects from the Rice Liquor burglary. Officers arrived and observed the two suspects leaving the thrift store. They were both taken into custody. The suspects were all juveniles.

A loaded Glock was recovered in the area of the arrest.

August 11, 2022 Pg. 49

12 Month Statistical Report
MONTH

CALLS FOR

SERVICE

OFFICER
SELFINITIATED INVESTIGATIONS CITATIONSTRAFFIC

COLLISIONS
ADULT

ARRESTS

JUVENILE

ARRESTS
GANG

EVIDENCE
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 577 134 60 4 2 19 0 0 57
AUGUST

SEPTEMBER

OCTOBER

NOVEMBER

DECEMBER
12 Month
Totals 3774 1630 518 88 31 154 12 13 468
Avenal PD Organizational Chart
Chief of Police
Patrol
Day Patrol Night Patrol Wellness/
Cordico FTO Program
Support
SRO/School
Liaison
Investigations Community
Policing Hiring
Property/
Evidence
KCSO Dispatch
Liaison PRA Requests
IA/
Budget
August 11, 2022 Pg. 50
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: August 11, 2022
Public Works Monthly Report July 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 was sent out with the water bills last month and were handed out at City Hall. Code enforcement continues work flex hours early morning and late afternoon/evening to make sure resident were in Compliance with the new watering schedule They will continue work flex hours from early mornings and late afternoon/evenings as needed.

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. Staff is working to expand space in the Shelter as euthanatizia medicines becomes harder to obtain. Animal Control and Code Enforcement Staff are receiving training to use the medicine.

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 our schedule permits. 14100 WATER DISTRIBUTION:

Staff continues to work with the City Engineer for the 18” water transmission replacement. The contractor has ordered materials start being delivered in mid-July, staff should be receiving a construction schedule soon. We had no leaks on the main lines. Dollar General is open now running a generator for now. Waiting on PG&E for power. City staff has a punch list for Dollar General Contractors before they can be officially complete with the Construction.
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.

AGENDA ITEM NO. 7. A. – 5)
August 11, 2022 Pg. 51
Monthly Report
July 2022
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 02
Property Abetments
Mailed Abetments 26
Courtesy Verbal Abetments 29
Courtesy Door Hangers 32
Abetments Completed 76
Pending 11
Miscellaneous Complaints
Illegal Business/Expired License 02
Stop Work/No Permit 01
Illegal Occupancy 00
Illegal Venders 02
Complaints Received 06
*Phone 02
*Walk In 00
Miscellaneous Inspections 63
Miscellaneous Meetings 03
Recycling Control 02
Graffiti Control 03
Water Waste Control (verbal and/or citations) 56
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 01
Notes:
-Good news - graffiti has dropped down.
-We also helped and assisted on moving one of our homeless. Leo is now in Corcoran in a home thanks to a team effort from Champions, Tulare Kings Homeless Alliance, and City of Avenal Code Enforcement. We also removed and disposed of all the things he left behind, so it doesn’t end up in our alleys or property’s. -Water we did lots of verbal’s along with flyer to residents and did notice lot less water waste. We did have so far 3 citations for watering on wrong days but a lot better from previous years.

August 11, 2022 Pg. 52
August 11, 2022 Pg. 53
August 11, 2022 Pg. 54
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: August 11, 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:

RECOMMENDATION:

Discussion/Action.

FISCAL IMPACT:

None.

August 11, 2022 Pg. 55
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: August 11, 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.

August 11, 2022 Pg. 56
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Oasis in the Sun – Gateway to the Coast”
August 11, 2022
Michael Jackson, Area Manager
Bureau of Reclamation California-Great Basin
1243 N Street Fresno CA, 93721
SUBJECT: Notice & request regarding 2022 water allocation – City of Avenal Dear Mr. Jackson
Understanding the continued severe drought conditions that both the state and country are currently experiencing, there is a concern that 2000 acre-feet of water allocated for the remainder of the 2022 water year (April – February) will not be fully adequate meet the needs of the City to reach February 2023. Over the past several years the City has continued enforcing both Phase 3 (our highest phase) water measures for the entire City, which includes Avenal State Prison.

As you are aware, the City has been under a declared a local emergency due to severe water shortage since May 27, 2021, and implemented Phase 3 water measures/restrictions to further compel conservation compliance from the community. Most recently, we saw a spike in consumption above our expected schedule in June, with over 200 acre-feet utilized. On June 28, the City Council responded accordingly and updated the Phase 3 water measures/restrictions by simplifying the schedule to all addressed only watering on Tuesdays and Saturdays, and imposing higher fines for violations with zero-warning and no tolerance (Attached). To date in July, the City saw a drastic change in customer behavior and consumption dropping to an average of 8-9 acre-feet a day, and no citations being issued due to proper compliance. However, poor water quality has led to increase treatment and water loss when water does not meet required standards.

At this rate, despite compliance and lower average consumption, the City foresees running out of water by late December 2022, being short 180 acre-feet in order to finish the water year. The City of Avenal respectfully request additional allocation of 180 acre-feet of water in order to continue meeting the community’s Public Health and Safety needs. Over the past three years, Avenal has returned any unused allocation so that other CVP providers may meet their needs as well. Each year the City has returned less allocation, and now the City is in need of additional water. To go out into the open market to acquire additional water would potentially result in a financial hardship for the City. Reaching out to CVP water contractors which, if water is available, would most likely cost more than the City is currently paying per acre foot.

We again, thank you for your consideration of the request for additional water. The City continues to work diligently with resources available to meet the needs of the community during these unprecedented times. Additional water is being requested to assist in meeting the basic daily needs of a community that has practiced water conservation for over 94 years.

Sincerely,
Antony V. López, MPA
City Manager
Email: [email protected]
ENMENDADA CONSERVACIÓN DEL AGUA DE NIVEL III

MEDIDAS DEBIDO A LA EMERGENCIA DE AGUA
REDUCCIÓN REQUERIDA: **Reducción del uso de agua potable por todos los usuarios de agua debido a condiciones severas de
sequía hasta nuevo aviso.

Horarios alternativos de riego para todos los usuarios de agua suministrada por la ciudad:

Todas Direcciones Riego sólo los martes y sábados de
12:00 a.m. - 11:59 p.m.

Lunes, Miércoles, Jueves, Viernes y Domingos: NO SE PERMITE RIEGO.

Otras restricciones/limitaciones para el uso del agua suministrada por la ciudad:

Ninguna persona, entidad u otro usuario de agua lavará vehículos a motor, remolques, barcos y otros tipos de equipos sin un cubo o manguera portátil equipado con una boquilla de cierre positiva para enjuagues rápidos sólo en los días de riego apropiados; "Lavado de autos" para la recaudación de fondos de cualquier tipo utilizando agua potable está prohibido;
Todos los hogares/complejos de apartamentos con piscinas requieren aprobación de la ciudad antes de drenar o llenar las piscinas;
No hay mangueras abiertas ni grifos; todas las mangueras desatendidas deberán tener una boquilla o un dispositivo de aspersión; no hay tire excesivo de agua por canalones / calles o acumulación de agua en las propiedades; reparar todas las bocas de goteo o fugas, grifos, tuberías, salidas o accesorios de plomería;
El agua potable proporcionada por la ciudad está estrictamente prohibida para su uso para lavar banquetas, “driveways,” bordillos y canalones y/o calles para limpiar y/o rociar casas, edificios, etc.; El agua potable no se transportará fuera de los límites de la ciudad para su uso. El agua potable se proporciona únicamente a la propiedad dentro de la ciudad y a áreas fuera de la ciudad como el Consejo puede designar, 6-4.01 AMC.
<><><>
Estamos solicitando la cooperación de todos los usuarios de agua para superar este momento difícil.

Departamento del Código- Se han incrementado los esfuerzos y, los infractores de las medidas de conservación del agua estarán sujetos a cero advertencias y a multas de $100, $200 o hasta $500 por violación según AMC 6-

4.22. AMENDED TIER III WATER CONSERVATION

MEASURES DUE TO WATER EMERGENCY
REQUIRED REDUCTION: **Reduction of potable water used by all water users due to severe drought conditions until further notice.

Alternate Watering Schedules for all users of water supplied by the City:

All Addresses: Watering only on Tuesdays and Saturdays from 12:00 a.m. - 11:59 p.m.

Monday; Wednesday, Thursday, Friday Sunday: NO WATERING ALLOWED.

Other Restrictions/Limitations for use of water supplied by the City:

No person, entity or other water user shall wash motor vehicles, trailers, boats and other types of equipment without a hand-held bucket or hose equipped with a positive shut-off nozzle for quick rinses only on appropriate watering days;
"Car Wash" for fundraising of any kind utilizing potable water is prohibited; All homes/apartment complexes with swimming pools require City approval prior to draining or filling pools;
No open hoses or faucets; all unattended hoses shall have a spray nozzle or sprinkling device; no excessive water flow down gutters/streets or accumulation of water on properties; repair all dripping or leaking hydrants, faucets, pipes, outlets or plumbing fixtures; City-provided potable water is strictly prohibited for use to wash down sidewalks, driveways, drive approaches, curbs and gutters and/or streets to clean and/or spray down houses, buildings, etc.; Potable water shall not be transported out of the City Limits for use. Potable water is provided only to property within the City and to areas outside the City as the Council may designate, 6-4.01 AMC. <><><>
We are requesting cooperation from all water users to get through this challenging time. Code EnforcementWater Conservation Department efforts have been increased; and, violators of water conservation measures will be subject to zero warnings and to penalties of $100, $200 up to $500 per violation as per AMC 6- 4.22.

AMENDED TIER III WATER

CONSERVATION MEASURES
All addresses: Watering is only permitted Tuesdays and Saturdays ONLY, 12:00am - 11 :59pm. All other days are prohibited. This includes, but is not limited to, watering the lawn and washing motor vehicles. No excessive water flow down gutters or streets, or heavy accumulation of water on property.

City-provided potable water is strictly prohibited for cleaning outside the home (sidewalks, gutters, driveways, etc).

Repair all leaky faucets, pipes, outlets, and plumbing.

Violators will be subject to zero warning and penalties of $100, $200, up to $500 per violation per AMC 6- 4.22.

MEDIDAS MODIFICADAS DE

CONSERVACION DEL AGUA DE

NIVEL III
Todas direcciones: El riego solo se permite las martes y sabados, de 12:00am a 11 :59pm. Todos las demas dfas estan prohibidos. Esto incluye, pero no se limita a, regar el cesped y lavar vehfculos motorizados. No se permite el desperdicio excesivo de agua a traves de las canales o calles, o la gran acumulaci6n de agua en la propiedad.

El agua potable proporcionada par la ciudad esta estrictamente prohibida para la limpieza fuera del hogar (aceras, canaletas, caminos de entrada, etc.).

Repare todos las pipas, enchufes y tuberfas con fugas.

Los infractores estaran sujetos a cero advertencias y multas de $100, $200, hasta $500 par violaci6n par AMC 6- 4.22.

Non-Potable -W-ater Available • Non-potable means water not treated properly for consumption, but can be
used for other purposes within city
limits
• Any resident of Avenal that can
provide proper identification and a
current utility bill can collected water
at the Sports Complex using an
approved container
• The user must be able to load and
unload the container themselves as
the City of Avenal and its employees
are not expected to lift or transport
the containers
• Maximum days per rental period
should not exceed seven (7) days, and
only under specific conditions can
containers be rented for two (2)
consecutive weeks
• Cost
- Cost of Service: $15 per each day of
open service
- Cost of Water: $3.30 per hundred
cubic feet of water (748 gallons).

Final cost shall be determined
by meter reading, and will be
added to the user's utility bill
- Rental Period: $60 per each
request of use of container.

Deposit will be reimbursed if
container is returned in good
condition
If the user can provide
their own approved container,
no deposit is needed nor does
the user have to rent a container
from the city
Note: The cost may be updated to align
with munincipal water rates
Pease visit cityofavenal.com for more information.

Agna No Potable Disponible • Agua no potable significa agua que no ha sido tratada adecuadamente
para el consumo, pero que puede
usarse para otros fines dentro de los
limites de la ciudad de Avenal
• Cualquier residente de Avenal que
pueda proporcionar una identificaci6n
adecuada y una factura de servicios
publicos vigente puede recolectar
agua en el Complejo Deportivo
utilizando un contenedor aprobado
• El usario debe poder cargar y
descargar el contenedor por sf
mismo, ya que no se espera que la
Ciudad de Avenal y sus empleados
levanten o transporten los
contenedores
• Los dias maximos por periodo de
alquiler no deben exceder los siete (7)
dias, y solo bajo condiciones
especificas se pueden alquilar
contenedores por dos (2) semanas
consecutivas
· Casto
- Casto del Servicio: $15 por cada
dia de servicio abierto
- Casto del Agua: $3.30 por cada
cien pies cubicos de agua (748
galones). El costo final se deter
minara por la lectura del medi
dor y se agregara a la factura de
servicios publicos del usuario.
- Periodo de Alquiler: $60 por cada
solicitud de uso del contenedor.

El dep6sito sera reembolsado si
el contenedor se devuelve en
buenas condiciones.

Si el usuario puede proporcionar
su propio contenedor
aprobado, no se necesita
dep6sito ni el usuario tiene que
alquilar un contenedor de la ciudad
Nota: El costo puede actualizarse para
alinearse con las tarifas municipales de agua
Visite cityofavenal.com para obtener mas informaci6n.
1 May 17, 2022
The Honorable Merrick Garland
Attorney General
U.S. Department of Justice
950 Pennsylvania Ave, NW
Washington, DC 20530
Re: Request to Investigate Anti-Competitive practices in Water Rights Purchasing and Potential Drought Profiteering in Western States
Dear Attorney General Garland,
Water availability across the West has triggered considerable uncertainty. The last twenty years represent the driest period the region has faced in approximately 1,200 years. In fact, the U.S.

Department of Agriculture has reported that as of March 2022 snowpack conditions in the Western United States were ten to fifteen percent below the historical median on average. This was most severe in Oregon and California where average snowpack was below twenty-five to thirty percent, respectively. These conditions have resulted in significantly reduced water supplies worsened by snowpack runoff that does not arrive and historic releases of needed water from Lake Oroville; they have fueled wildfires across the region; they have devastated farmers and ranchers; and they have threatened our overall food security. We write to you concerned by the sharp increase in the purchasing of water rights by hedge-funds that have been taking place at least since 2015, and through anti-competitive practices, has the potential to subvert our regional water and our overall security.

Two of the most important water systems in the Western United States are the Colorado River and the Sacramento-San Joaquin Delta, between them they provide water to approximately 70 million people, which is roughly 20 percent of the population of the entire United States, and they irrigate millions of acres of agricultural land across multiple states. Hydropower facilities along the Colorado River alone provide more than 4,200 megawatts of energy, enough to power 840,000 homes on a hot day. Market based control of these systems could have devastating impacts to those that depend on the water for their daily needs, their livelihoods or their lives.

While water rights and water law vary dramatically and policies and regulations have been largely left to the individual states over the past two centuries, water is no longer an issue outside of interstate commerce under any analysis. Not only do hedge funds and other monopolistic 2 entities trade water as an interstate commodity, they do so at the expense of state and federal policy in the areas noted above. But beyond drought alone, these monopolies no longer even pretend to honor beneficial use doctrines which have historically tied water use to riparian and overlying property owners here in the West. The side effects of this implicates interstate, national and even global economies, reduced energy efficiency and defeating greenhouse gas reduction goals across jurisdictional lines. The domino effect of this activity consolidates economic power and water itself in the hands of the few and will likely require the “big stick” of antitrust actions to break up, lest average Americans are brought to their knees for lack of the most basic resource, water.

Nowhere is there more urgent demand for the application of the public trust doctrine regarding water rights than these practices which literally steal our most life dependent resource from ourselves and future generations in exchange for a profit.

Recent reports indicate that private investor interest and water rights purchasing was likely propelled by the 2015 water crisis in California that was perpetuated by drought conditions.

Since then, hedge funds seem to have expanded their interest, and interests, in water. In fact, one such hedge fund has become the largest landholder in Grand Valley on the Western Slope of the Rockies in Colorado. The same hedge fund owns an “account” to hold water in Lake Powell. We are concerned about the ability of investors such as the one described above, or others, to sit on the resources they own allowing them to accrue value during times of crisis, if they so choose, and what that would mean for the people we represent and the position that puts us in collectively. While water markets have the ability to redistribute water fast and flexibly, they also have the potential to be abused, and are highly sensitive to outside forces that increase demand or reduce supply which could cause prices to soar.

In addition to antitrust concerns, we are also concerned about the potential for hedge funds to acquire these water rights through subsidiaries, limiting the ability to track the ultimate purchaser, and for what purpose they intend to use their newly acquired water rights. As one example, though legalization of marijuana in California has made marijuana readily available to those that wish to use it, the illicit market in both states persists. Recent investigations have cited complex operations involving the purchase or leasing of land and water rights to support substantial grows.

These concerns are all the more pressing given the unique conditions California faces in addressing water security and grappling with the drought. Farmers, local governments and individuals in California are struggling with the implementation of the Sustainable Groundwater Management Act, established to restore balance to the state’s groundwater basins by placing restrictions on the groundwater pumping that many had grown to depend on, and uncertainty regarding biological opinions that govern the in-flow and out-flow of water into and out of the Delta, and that over the last several years, have continually been challenged and then reassessed.

California is also tackling water theft for illegal pot grows. In California alone, since 2013, it is estimated that as much as 12 billion gallons of water has been stolen. Any changes to the Bay Delta Plan or the Colorado Compact, both of which are being considered, will only add to this uncertainty.

Accordingly, we respectfully request that you review whether this activity warrants further investigation to determine the extent to which anti-competitive practices around the purchasing of water rights is occurring, and to what degree those practices include illicit activities. 3 While we are not necessarily calling for the nationalization of water rights or policy, however we are requesting that you use your investigative powers and your powers under the Antitrust Act to intervene immediately. We believe a tool similar to farmersfairness.gov will significantly aid in these efforts.

Thank you for your consideration of our request.

Respectfully,
Melissa Hurtado Dave Cortese
Senator, 14th District Senator, 15th District
CC:

Ron Klain, Chief of Staff to President Joe Biden
Camille Calimlim Touton,Commissioner, Bureau of Reclamation Tracy Stone-Manning, Director Bureau of Land Management Gavin Newsom, Governor, State of California
Toni Atkins, Senator Pro Tempore, State of California
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: María A. Ortiz, City Clerk
DATE: August 11, 2022
RE: Consider Adoption of New and Updated Conflict of Interest Code INFORMATION:

The Political Reform Act (“Act”), administered by the state Fair Political Practices Commission (“FPPC”), requires local governmental agencies to adopt a Conflict-of-Interest Code and update it from time-to-time to reflect changes in decision-making positions within the Agency. This includes newly added positions, deleted positions, or changes in the title or decision-making duties assigned to positions. This also includes changes in disclosure categories for designated positions.

In addition, a local government agency is required to conduct a review of its conflict code every even numbered year. Pursuant to the Act, the City Council is the code-reviewing body for all local government agencies whose territorial boundaries are wholly in the City of Avenal, including the City itself.

A Conflict-of-Interest Code is designed to cover members of boards, committees and similar bodies, and management and administrative employees that make, or participate in making, government decisions. The purpose of the code is to prevent such officials from engaging in government decision-making in which the official may have a personal financial interest.

Officials designated in the agency's code are required to file a statement disclosing their personal economic interests (Form 700) upon appointment to a designated position, upon leaving the position and on a yearly basis while performing the official functions of that position. For this reason, positions designated in the local agency's code must also be assigned a disclosure category. Disclosure categories describe the types of personal financial interests that the official must disclose in his or her Statement of Economic Interests (Form 700).

After reviewing the City of Avenal’s conflict of interest code, it was determined that the City of Avenal needs to adopt a new and updated conflict of interest code to clearly satisfy applicable legal requirements and to account for new employment positions must be added. The conflict-ofinterest code presented to the City Council adopts the “model” code found in the California Code of Regulations and will be presumed to satisfy the Political Reform Act. Additionally, the proposed disclosure categories presented for approval were derived from the FPPC’s model categories but were revised for application to a municipality. The City Attorney’s office assisted in the preparation of the updated conflict of interest code.

RECOMMENDATION:

Information only, will be brought back once reviewed and finalized by Staff and City Attorney.

August 11, 2022 Pg. 57

LIMITED SUPPLY
date: September 16, 2022
time: 9:00 AM - 2:00 PM
Where: Burris Park
6500 Clinton Ave. Hanford, CA
• Free food: lunch is served at 12:00 Pm
o Suggested donation is $3.00
• Fun games
• Music and dancing Mariachi
• Raffles and prizes
o Cake walk!!
o Crazy Hat Contest
• Informational booths
• A performance by Elvis!

To celebrate an important day for
the community, we are hosting a

FREE SENIOR DAY AT THE PARK
EVENT for all friends and family!
Any Questions? Call our office:
(559)852-2828

City Council/Successor Agency/Public Finance AuthorityAugust 11, 2022

City Council/Successor Agency/Public Finance Authority
August 11, 2022